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09 08 2010 Council Agenda7 p of Proud Heritage, Exciting Future THE TOWNSHIP OF ORO- MEDONTE COUNCIL MEETING AGENDA COUNCIL CHAMBERS DATE: WEDNESDAY, SEPTEMBER 8, 2010 TIME: 6:00 P.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 August 10, 2010. 5. MINUTES OF COMMITTEES: a) Minutes of Committee of the Whole meeting held on September 1, 2010. b) Minutes of Committee of Adjustment meeting held on August 19, 2010. c) Minutes of Oro- Medonte Environmental Group Advisors (OMEGA) meeting held on August 19, 2010. 6. RECOGNITION OF ACHIEVEMENTS: None. 7. PUBLIC MEETINGS: a) 7:00 p.m. Proposed Amendment to the Zoning By -Law, 2010 ZBA -09, Part of Block B, Plan M -9, (Oro), Township of Oro- Medonte, (1522417 Ontario Limited). b) 7:00 p.m. Proposed Amendment to the Zoning By -Law, 2010 -ZBA -10, Part of Block 0, Plan M -9 (Oro), Township of Oro Medonte (1522417 Ontario Limited). 8. DEPUTATIONS: a) 6:00 p.m. Rob Prouty and Gary Renaud on behalf of Harbourwood Rink Committee re: Lighting for rink at Shellswell Park. b) 6:10 p.m. Sabrina Lavigne Wilson and Ryan Wilson re: Oneida Cul -de -sac Drainage [refer to Item 9d)]. Page 1 of 226 Page 49 -53 54 -64 65 -66 67 -69 70 -74 75 -97 98 -104 105 106 107 108 -133 134 -135 136 -141 Council Meeting Agenda Wednesday, September 8, 2010 9. REPORTS OF MUNICIPAL OFFICERS: a) Report No. TES 2010 -16, Jerry Ball, Director of Transportation and Environmental Services re: Drainage Concerns Line 12 North (Lot 16, Conc. 13) Jermey Farm. b) Report No. TES 2010 -18, Jerry Ball, Director of Transportation and Environmental Services re: Buffalo Springs Subdivision Pre Servicing Agreement. c) Report No. TES 2010 -19, Jerry Ball, Director of Transportation and Environmental Services re: Water Service Connection Agreements for Lots 4, 5 and 13 on Huronwoods Drive Modco Investments Ltd. (Refer to Items 15 g), h) and I)]. d) Report No. TES 2010 -20, Jerry Ball, Director of Transportation and Environmental Services re: Drainage Oneida Avenue Cul -De -Sac. e) Report No. DS 2010 -46, Andria Leigh, Director of Development Services re: Site Plan Agreement, 2010 -SPA -16, (850892 Ontario Limited), Part of East Half of Lot 3, Concession 7 designated as Parts 6, 7, 8 on Plan 51 R- 30720. Subject to an Easement over Part 7 on Plan 51 R -30720 as set out in Instrument No. LT 524692, Being all of PIN #58533 -0214 (Lt), (Former Township of Oro) [Refer to Item 15f)]. f) Report No. DS 2010 -047, Andria Leigh, Director of Development Services re: Memorandum of Understanding (MOU) between Township of Oro Medonte, Nottawasaga Valley Conservation Authority (NVCA), and Severn Sound Environmental Association (SSEA) for Severn Sound Watershed lands. Report No. CAO 2010 -09, Robin Dunn, Chief Administrative Officer re: External Use of Corporate Crest, Logo and Wordmark. h) Robin Dunn, Chief Administrative Officer memorandum re: Georgian Valley Project Update [to be distributed at the meeting]. J) 10. REPORTS OF MEMBERS OF COUNCIL: a) Councillor Agnew, correspondence dated August 28, 2010 from Sarah Webster re: Request for Set of Lights at Dalston and County Road 93. b) Mayor H.S. Hughes, correspondence dated August 13, 2010 from Rob Nicholson re: Mount St. Louis Road between Scarlett Line and Line 3 North. c) Mayor H.S. Hughes re: Statistical Analysis. 11. CONSENT AGENDA: a) Minutes of Oro Medonte History Association meeting held on May 17, 2010. Staff Recommendation: Receive. b) Nottawasaga Valley Conservation Authority, minutes of meeting held on June 11, 2010 and highlights of meeting held on August 27, 2010. Staff Recommendation: Receive. Page 2 of 226 Page 142 -144 145 146 -155 156 -157 158 159 160 Council Meeting Agenda Wednesday, September 8, 2010 11. CONSENT AGENDA: c) Mary Hennessy, Director, Lake Simcoe Project, Ministry of the Environment, correspondence dated August 18, 2010 re: Lake Simcoe Protection Plan. Staff Recommendation: Receive. d) Sean Levison, President, Simcoe County Chapter, Crohn's Colitis Foundation of Canada re: Proclamation Request, November, 2010 "Crohn's and Colitis Awareness Month Staff Recommendation: Receive, Proclaim and Post on Township's Website. 12. COMMUNICATIONS: a) Correspondence dated August 24, 2010 from Glen Knox, County Clerk, County of Simcoe re: Mandatory Long Form Census Requirements. b) Correspondence dated September 2, 2010 from Ted Beaton and Klaus Kuch re: Request for Deputation, Nottawasaga Valley Conservation Authority (NVCA) Letter of Understanding. c) Correspondence dated September 2, 2010 from Ric Symmes re: Request for Deputation, Nottawasaga Valley Conservation Authority (NVCA) Letter of Understanding. 13. NOTICE OF MOTIONS: None. 14. CLOSED SESSION ITEMS: a) Motion to go In Closed Session b) Motion to Rise and Report c) Robin Dunn, Chief Administrative Officer, re: Acquisition /disposition of land (Pine Ridge). d) Doug Irwin, Director of Corporate Services /Clerk re: Acquisition /Disposition of Land (Snider Peacock). e) Robin Dunn, Chief Administrative Officer, re: Personal mattters about an identifiable individual (Staffing Update). 15. BY-LAWS: a) By -Law No. 2010 -154 A By-law to Appoint Representatives to the Compliance Audit Committee for the 2010 -2014 Term of Council for the Township of Oro Medonte. b) By -Law No. 2010 -155 Being a By -Law to Delegate Certain Powers and Authorities to the Chief Administrative Officer. 161 -165 c) By -Law No. 2010 -156 A By -Law to Transfer Easements for Utilit y Lines as Defined in the Ontario Energy Board Act, 1998, over Parts 1, 2 and 3, Plan 51 R -37485 (geographic Page 3 of 226 Page 166 -168 169 -180 181 -192 f) 193 -203 g 204 -214 Council Meeting Agenda Wednesday, September 8, 2010 h 15. BY -LAWS: d e) Township of Oro), Township of Oro Medonte, County of Simcoe, and To Permanently Close and Sell the Road Allowance known as O'Connell Lane between Sophia Avenue and Barbara Avenue, being Block C, Registered Plan 798 (PIN #58559- 0164 (LT)), (geographic Township of Oro), Township of Oro Medonte, described as Parts 1, 2 and 3, Plan 51 R- 37485, Township of Oro Medonte, County of Simcoe. By -Law No. 2010 -157 A By -Iaw to Authorize the Execution of an Easement Agreement Between The Corporation of the Township of Oro Medonte And Cheslock Developments Inc By -Law No. 2010 -158 A By -Iaw to Repeal By -Iaw 2010 -133 and 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- 002- 30010, 4346 -010- 002 30020, 4346- 010 -002- 30030, and 4346 -010- 002 -30040 Township of Oro Medonte, County of Simcoe. By -Law No. 2010 -160 A By -Iaw to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro Medonte and 850892 Ontario Limited described as lands as follows: Part of East Half of Lot 3, Concession 7 designated as Parts 6, 7, 8 on Plan 51 R- 30720. Subject to an Easement over Part 7 on Plan 51 R -30720 as set out in Instrument No. LT 524692 Being all of PIN #58533- 0214 (Lt) RoII 4346- 010- 003 28401, Township of Oro Medonte, County of Simcoe. By -Law No. 2010 -161 A By -Iaw to Enter into a Water Service Connection Agreement between The Corporation of the Township of Oro Medonte and Modco Investments Ltd. By -Law No.2010 -162 A By -Iaw to Enter into a Water Service Connection Agreement between The Corporation of the Page 4 of 226 Page 215 -225 226 Council Meeting Agenda Wednesday, September 8, 2010 15. BY -LAWS: By -Law No. 2010 -163 16. CONFIRMATION BY -LAW: 19. ADJOURNMENT: a) Motion to Adjourn Township of Oro Medonte and Modco Investments Ltd. A By-law to Enter into a Water Service Connection Agreement between The Corporation of the Township of Oro- Medonte and Modco Investments Ltd. a) By -Law No. 2010 -153 Being a By -Law to Confirm the Proceedings of the Council Meeting Held on Wednesday, September 8, 2010. 17. ANNOUNCEMENTS OF INTEREST TO THE PUBLIC: 18. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM: Page 5 of 226 5b) Minutes of Committee of Adjustment m... Thursday, August 19, 2010 9:30 a.m. Present: THE TOWNSHIP OF ORO- MEDONTE COMMITTEE OF ADJUSTMENT T �uullrp v MEETING MINUTES dont0 Council Chambers Proud Heritage, Exciting Future Bruce Chappell, Chair Roy Hastings Garry Potter Lynda Aiken Michelle Lynch 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. CA100819 -1 Moved by Hastings, Seconded by Lynch It is recommended that the Committee of Adjustment agenda for Thursday, August 19, 2010 be received and adopted. Carried. 3. DISCLOSURE OF PECUNIARY INTEREST None declared. 4. ADOPTION OF MINUTES a) Minutes of Committee of Adjustment of meeting held on July 15, 2010. Motion No. CA100819 -2 Moved by Aiken, Seconded by Lynch It is recommended that the minutes of the Committee of Adjustment meeting held on Thursday, July 15, 2010 be adopted as printed and circulated. Carried. Page 1 of 6 Page 6 of 226 5b) Minutes of Committee of Adjustment m... Committee of Adjustment Minutes Thursday, August 19, 2010 5. PUBLIC MEETINGS: a) 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, agent, were present. Motion No. CA100819 -3 Moved by Aiken, Seconded by Lynch It is recommended that the Committee of Adjustment denies Consent Application 2010 B -21, being to create a new residential lot fronting onto Ridge Road West, as the application does not conform to the Township of Oro Medonte's Official Plan, the County of Simcoe's Official Plan or with applicable Provincial Policies. b) 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, agent, were present. Motion No. CA100819 -4 Moved by Aiken, Seconded by Lynch Carried. It is recommended that the Committee of Adjustment denies Variance Application 2010 A -21, being for relief from the minimum lot area and lot frontage requirements for the creation of a residential lot, as the application does not satisfy the four tests required for a Minor Variance under the Planning Act. Carried. Page 2 of 6 Page 7 of 226 5b) Minutes of Committee of Adjustment m... Committee of Adjustment Minutes Thursday, August 19, 2010 c) 2010 -B -25 David and Sylvia Beard 872 Horseshoe Valley Road East, Concession 11, West 1 /2 Lot 1 (Former Township of Medonte) Technical severance to create a lot which once existed as a separate parcel of land. David and Sylvia Beard, applicants, and Shirley Partridge, agent, were present. Motion No. CA100819.5 Moved by Lynch, Seconded by Potter It is recommended that the Committee of Adjustment, at the request of the applicants, defers Consent Application 2010 -B -25 in order to allow the applicants to have discussions with the County of Simcoe regarding access to the property off of Horseshoe Valley Road. Carried. Page3of6 Page 8 of 226 5b) Minutes of Committee of Adjustment m... Committee of Adjustment Minutes Thursday, August 19, 2010 d) 2010 -B -24 1802281 Ontario Limited 1099 OId Barrie Road West, Part of Lot 11, Concession 5 Create a new lot. Greg Gemmell, applicant, and Cam Sellers, agent, were present. Motion No. CA100819 6 Moved by Aiken, Seconded by Lynch It is recommended that the Committee of Adjustment grants provisional approval of Consent Application 2010 -B -24, being to create a new lot fronting onto Line 4 North. The land to be severed would have approximately 30 metres of frontage on Line 4 North, a depth of approximately 181 metres (594 feet), and an area of approximately 1.9 hectares (4.7 acres). The proposed retained lands would have a frontage on OId Barrie Road of approximately 396 metres (1299 feet), a depth of approximately 159 metres (521 feet), and an area of approximately 7.1 hectares (17.5 acres). The retained lands would be the balance of Plan of Subdivision Application 2006- SUB -02, 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 Committee Secretary- Treasurer; 2. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 3. That the applicant pay $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. That the applicant apply for a rezoning of the property to remove the holding provision; 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 Page 9 of 226 5b) Minutes of Committee of Adjustment m... Committee of Adjustment Minutes Thursday, August 19, 2010 e) 2010 -A -28 Jesse McKerroll 3225 Line 7 North, Part Lot 1, Concession 8 Relief from minimum setback from front lot line for agricultural buildings. Jesse McKerroll, applicant, was present. Roelof Knegt and Markus Schneider, neighbours, noted their support for the application. Motion No. CA100819 -7 Moved by Potter, Seconded by Hastings It is recommended that the Committee of Adjustment grants approval of Variance Application 2010 -A -28, being for the construction of an agricultural building with a setback of 23 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 that the proposed agricultural building be located no closer than approximately 23 metres from the front lot line of the subject property; 2. That the setbacks 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 from Nottawasaga Valley Conservation Authority, if applicable; 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 5 of 6 Page 10 of 226 5b) Minutes of Committee of Adjustment m... Committee of Adjustment Minutes Thursday, August 19, 2010 f) 2010 -A -29 James Rogers 79 Stanley Avenue, Plan 626, Lot 105 Relief from minimum exterior side yard, minimum interior side yard, minimum rear yard and minimum first storey floor area. John Raimondi, agent, was present. The Committee received correspondence from Joanne Taylor dated August 18, 2010, Harold and Sue Regan dated August 19, 2010 and Marley and Jerry Greenglass dated August 18, 2010. Joanne Taylor, Harold Regan and Jerry Greenglass reiterated the concerns outlined in their correspondence. Motion No. CA100819 -8 Moved by Potter, Seconded by Hastings It is recommended that the Committee of Adjustment defeats Variance Application 2010 -A -29 as it is not in keeping with the neighbourhood nor is the application considered minor. 6. NEW BUSINESS: None. 7. NEXT MEETING DATE Thursday, September 16, 2010, 9:30 a.m. 8. ADJOURNMENT a) Motion to Adjourn. Motion No. CA100819 -9 Moved by Potter, Seconded by Hastings It is recommended that we do now adjourn at 11:39 a.m Carried. Carried. Bruce Chappell, Chair Steven Farquharson, Secretary Treasurer Page 6 of 6 Page 11 of 226 5c) Minutes of Oro-Medonte Environmental... Township of orate' Proud Hi,rita e, Exciting Future Thursday, August 19, 2010 Present: Regrets: Also Present: Steve Cromwell Gerry Murphy Meryl Drake Andy McNiven David Edwards Allan Johnson Kim Wand Ruth Fountain Council /Staff Mayor H.S. Hughes Present: Councillor Mel Coutanche Marie Brissette, Committee Coordinator Dave Featherstone Ted Beaton Carolyn Paccagnella Marty Lancaster THE TOWNSHIP OF ORO- MEDONTE ORO- MEDONTE ENVIRONMENTAL GROUP ADVISORS (OMEGA) MEETING MINUTES Council Chambers **A digital recording of the meeting is available Bob Barlow Wilf McMechan Mike Vandergeest Josephine Martensson Hemsted David Kennedy John Bosomworth Doug Shelswell Councillor Sandy Agnew Councillor Terry Allison Nancy Stoddart Gord Roehner Denis Paccagnella 1. OPENING OF THE MEETING Councillor Agnew assumed the Chair and called the meeting to order. 2. ADOPTION OF AGENDA a) Motion to Adopt the Agenda. Motion No. OMEGA100819 -1 Moved by Martensson Hemsted, Seconded by Cromwell Time: 7:59 p.m. It is recommended that the agenda for the Oro Medonte Environmental Group Advisors meeting of Thursday, August 19, 2010 be received and adopted as amended to add: 9c) Feedback from OMEGA to Council on OMEGA 2006 -2010 Term. Carried. Page 1 of 6 Page 12 of 226 5c) Minutes of Oro Medonte Environmental... OMEGA Minutes Thursday, August 19, 2010 3. DISCLOSURE OF PECUNIARY INTEREST None declared. 4. MINUTES OF PREVIOUS MEETING: a) Minutes of OMEGA meeting held on Thursday, May 20, 2010. Motion No. OMEGA100819 -2 Moved by McNiven, Seconded by Vandergeest It is recommended that the minutes of the Oro Medonte Environmental Group Advisors meeting held on Thursday, May 20, 2010 be adopted as printed and circulated. Carried. 5. PRESENTATIONS: None. 6. ITEMS FROM PREVIOUS MEETING: None. 7. WORKING GROUP UPDATES: a) Oro Moraine, re: Draft Oro Moraine Report Card. Motion No. OMEGA100819 -3 Moved by Murphy, Seconded by Drake It is recommended that the information presented by Dave Featherstone, re: Draft Oro Moraine Report Card be received. b) Growth Issues None. c) Habitat None. Carried. Page 2 of 6 Page 13 of 226 5c) Minutes of Oro Medonte Environmental... OMEGA Minutes Thursday, August 19, 2010 d) Sustainable Agriculture None. e) Water Quality Lake Management i) Rain Barrels (follow up from May 20, 2010). Motion No. OMEGA100819 -4 Moved by Barlow, Seconded by Martensson Hemsted It is recommended that the verbal update by the Water Quality Lake Management Working Group, re: Rain Barrels be received. And That OMEGA recommends to Council that Council investigates the merits of use and promotion of rain barrels in the Township. f) Zero Waste i) Recycling and composting at all municipal /community halls. Motion No. OMEGA100819 -5 Moved by Martensson- Hemsted, Seconded by Barlow Carried. It is recommended 1. That the verbal update provided by the Zero Waste Working Group be received. 2. That OMEGA recommends to Council that all Oro- Medonte Community Halls be supplied with a green bin. 3. That all Oro- Medonte Community Halls, not including the Oro World's Fair to be held in 2010, be provided an allocation of $200.00 from the environmental initiatives budget for the remainder of 2010 to purchase compostable liner bags, reusable dishes and cutlery. 4. That all Hall Boards be encouraged to make all events zero waste events, wherever possible. 5. And That Council considers continuing a budget allocation for the purchase of compostable liner bags, reusable dishes and cutlery in the 2011 budget deliberations. Carried. Page 3 of 6 Page 14 of 226 5c) Minutes of Oro- Medonte Environmental... OMEGA Minutes Thursday, August 19, 2010 8. COMMUNICATIONS: a) Bruce Keeling, Chair, Huronia Woodland Owners Association, re: Grant Subsidy Request, Maple Tree Replacement Program and Maple Seed Gathering for 2010 -2011. Motion No. OMEGA100819 -6 (Amendment Moved by Barlow, Seconded by Cromwell It is recommended that the amendment motion with respect to the Grant/Subsidy Request from Maple Tree Replacement Program and Maple Seed Gathering from Bruce Keeling, Chair, Huronia Woodland Owners Association, be amended to add "up to $2,975.00". Carried. Motion No. OMEGA100819 -7 (Amendment Moved by Vandergeest, Seconded by McNiven It is recommended that the motion with respect to the Grant/Subsidy Request from Maple Tree Replacement Program and Maple Seed Gathering from Bruce Keeling, Chair, Huronia Woodland Owners Association, be amended to remove "blank amount" and add "the balance of the environmental initiative fund" "up to $2,975.00 Carried as Amended. Motion No. OMEGA100819 -8 Moved by Martensson Hemsted, Seconded by Murphy It is recommended 1. That the correspondence from Bruce Keeling, Chair, Huronia Woodland Owners Association, re: Grant Subsidy Request, Maple Tree Replacement Program and Maple Seed Gathering for 2010 -2011 be received. 2. And That OMEGA recommends to Council that the Application for Grant/Subsidy from Bruce Keeling, Chair, Huronia Woodland Owners Association for the Maple Tree Replacement Program and Maple Seed Gathering for 2010 -2011 be approved as an environmental initiative, in the amount of the balance of the environmental initiative fund up to $2,975.00. Carried as Amended. Page 4 of 6 Page 15 of 226 5c) Minutes of Oro- Medonte Environmental... OMEGA Minutes Thursday, August 19, 2010 b) Mayor H.S. Hughes, report dated June 9, 2010 from Human Services Committee, County of Simcoe, re: Food Procurement. Motion No. OMEGA100819 -9 Moved by Barlow, Seconded by Cromwell It is recommended 1. That the Report dated June 9, 2010 from Human Services Committee, County of Simcoe, re: Food Procurement be received. 2. And That POL- ADM -12 Food Procurement Policy be referred back to the Sustainable Agriculture Working Group for comments and recommendations. 9. OTHER BUSINESS 1 QUESTIONS a) Issues opportunities from Council None. b) Update on 2010 Grants /Subsidies approved. The Committee reviewed grant/subsidy applications recommended by OMEGA and approved by Council. c) Feedback from OMEGA to Council on OMEGA 2006 -2010 Term. The Group is encouraged to provide comments to the Committee Coordinator with respect to what worked and what improvements Council should consider for the next term of OMEGA. 10. NEXT MEETING DATE To be determined. Carried. Page 5 of 6 Page 16 of 226 5c) Minutes of Oro Medonte Environmental... OMEGA Minutes Thursday, August 19, 2010 11. ADJOURNMENT a) Motion to Adjourn. Motion No. OMEGA100819 -10 Moved by Murphy, Seconded by Cromwell It is recommended that we do now adjourn at 8:54 p.m. Co- Chairperson, Councillor Coutanche Co- Chairperson, Councillor Agnew Carried. Co- Chairperson, Councillor Allison Committee Coordinator, Marie Brissette Page 6 of 6 Page 17 of 226 8a) 6:00 p.m. Rob Prouty and Gary Renau... Shellswell Park and Rink Deputation By Rob Prouty and Gary Renaud (on behalf of the many kids and adults in the Harbourwood and Surrounding Community) What we are requesting We are here today to request support from the Council to install lights at the rink at Shellswell Park 10/09/2010 1 Page 18 of 226 8a) 6:00 p.m. Rob Prouty and Gary Renau... Why? "If you light it, they will come" (Have you seen the success of Oro Station outdoor rink Kids Health and safety for those of us flooding the rink at night Estimation of Costs $12,000 for 4 light standards (includes install and HST) S2,600 for trenches (includes equipment rental, labour, excavation and sand...donations in kind) $515.47 Hydro One $2,000 Electrical Materials (i.e. conduit wire, panel box) hopefully to save 30% or $600 with donations in kind from discounts from suppliers $2,000 Electrician Services....donations in kind TOTAL $19,115.47 10/09/2010 2 Page 19 of 226 8a) 6:00 p.m. Rob Prouty and Gary Renau... Donations in Kind $5,200 of the $19,115.47 which leaves us with S4,357 to fundraise for half the cost We have asked the Lions to help with our side of the fundraising and there is a strong commitment from the Oro District Lions Club to support this project Oro District Lions As well as willing to support the fundraising efforts, the Lions Club is interested in organizing a community fun day at the rink to bring out the community....organize a fun day for kids and families from which each dollar raised will go to the fundraising project 10/09/2010 3 Page 20 of 226 8a) 6:00 p.m. Rob Prouty and Gary Renau... S0000 We are asking the Township to front the project costs with the understanding that our community commitment is to support 50% of the cost through money in kind, donations, and a partnership with the Oro District Lions and Lioness Club with a repayment commitment of 24 months or Tess. Summary Right now the rink is being flooded in the dark....not the safest of conditions The rink is currently underused as it is not used in the evening when it is dark The lights will be on a timer so that they will go off automatically (proposed time is 10:00 p.m.) Thanks for this opportunity and we are willing to take questions at this time 10/09/2010 4 Page 21 of 226 8a) 6:00 p.m. Rob Prouty and Gary Renau... Shellswell Park and Rink Deputation Summary of points By Rob Prouty and Gary Renaud Please see attached diagram on next page. Thank you for your time and consideration. Rob Prouty, Gary Renaud, and all the "winter happy community people!" ‘1146t"- Fick, /16 d yo .014-ve.h) What we are looking for? We are looking for Council's support in fronting the project costs to install outdoor lighting for the rink located at Shellswell Park. We are committed to sharing the costs 50 50 and the community has demonstrated this in the past. In fact, during the installation of the pad, the community contributed more than its share of the costs through donations in kind and the generous donation of one community member. Why the need for lights? 1. After seeing the success of Oro Station's rink in the evening, we hope to see similar community use at Shellswell Park. 2. Right now, elementary aged children do not access the rink after school. They get home between 3 :50 and 4:10 p.m. and many parents get home after 5:00 p.m. so it's too dark to use the rink 3. Health and safety for those community volunteers who are flooding at night. Estimation of Costs $12,000 for 4 light standards approved by Township's Parks and Recreation Department (includes install and HST) $2,600 for trenches (includes equipment rental, labour, excavation and sand) donations in kind $515.47 Hyrdro One $2,000 Electrical Materials (i.e. conduit wire, panel box) hoping to save 30 of this cost ($600) through donations in kind $2,000 Electrician's Services....donations in kind TOTAL $19,115.47 This would leave us with a total of $4,357 to fundraise to cover half the cost. WE have the commitment from the Oro District Lions and Lioness Club to support this project. We will also solicit personal donations from the community and any "overages" we would like to contribute to the purchase of some hockey nets for the rink. Page 22 of 226 8a) 6:00 p.m. Rob Prouty and Gary Renau... h Y d rSirTi t e Lot: Concession: Rate Class: Residential Hi h Dens D.S. ORO Customer Cable' No Feeder F2 Service Size: 2O Switch: 3682 Account* 0 Transformer. NEW Note: Customer: Address: 0 705.487 -2171 s -ydro One Phone 0: Customer information TOWNSHIP OF ORO MEDONTE PO BOX 100 ORO ON LOl2XO F 2438 3- Hydro One WL1 Supply and install 25 m 1/0 secondary road crossing triplex, Anchor /Guy, Minimum Guy Lead 2.0 m. Nsw 1Okva transformer. WL2 Supply and install 3505 road crossing poi., Anchor /Guy, Minimum Guy Lead 2.0m, 38 m of 3/0 secondary underground, run up pole, with mechanical protection,. Maks connections at meter base road cross pole and transformer end backfill. WL3 Supply and install 200 amp rated meter. C uxtomer: Supply and install 200 amp Jumbo S meter to 2 "PVC on Tine side, install trench as per Hydro One enchrng Guidelines (leaving both ends open for c• ductor installation) Obtain locates prior to digging. This Layout is valid for 8 months from the date prepared There will be a charge to re -design due to customer Initiated changes Ail work to be done to Eectrical Safety Code El Ord No. 914684411 888- 238 -2398 dra One Fax 705- 727 -4803 Electrical Saf Auth 877- 372 -7233 Service Location 1 Contractor Information 911 Address 118 LAKESHORE RD E, LTS -SHEL Township: ORO RP# Contractor Ph IF 24320 Arrival Date Time Electronic La out 7558K NOON c Service Centre Name: Orillla Pre red Sue Gunson De 'enure Date 8 Time: 8/13/20101:15;00 PM Schedule 'A' General Information red: 8!13/2010 Subiot: Emitting 1 -1OR 8/13120/0 11:00:00 AM CM Number: D L9101 015201 Min Guy Lead 2.0m D L5101 84024 ,0L5201 Min Guy Lead 2.0 m 015101 U tyro Ora Ony Ryc o °I" a S tJan2 CortttaeEo+ Seen 3 0 (gam ar Cusiomsr) x Remove Hydro One X Rerrnova htyd Remove ry Ono or R: Remo Hy Others Only Section 2 0 Contractor Soctlan 3 0 (Roll or Cuslonwrfj, Secondary Voltage. 120/240 SAP Order t 60372280 0046 940 Customer 0000009999 Page 23 of 226 Concerns presented by: Ryan Wilson and Sabrina Lavigne Wilson 00 CT CD T V a� 0 3 co n) r 1 CD Residents affected by drainage problem. 31 Oneida Ave. The property of Ashley and Josh Reid tho 1 t t b i +1w trO_` 1 T t ay. 7g i 31 Oneida Avenue Considerable damage to their staircase (providing them with access to their home), due to years of road water draining underneath the staircase and along the property line. 8b) 6:10 p.m. Sabrina Lavigne Wilson an... Page 27 of 226 00 0 d 0 3 Go a) o --1. a) r v (D 0 ED Soil erosion from under stairs. Who's responsible for the damage to the stairs? Do stairs normally begin to slant within 3 years? 31 Oneida Avenue The swale seems to have stopped the water from going over the edge of their property but now this swale is making access to their vehicles very challenging during and after rain fall. CO ED v r v cQ' CD VT 0 v 8b) 6:10 p.m. Sabrina Lavigne Wilson an... Page 31 of 226 8b) 6:10 p.m. Sabrina Lavigne Wilson an... 6 C L 0 E 0 _c L 0 0 0 0) 0 (3) L Page 32 of 226 8b) 6:10 p.m. Sabrina Lavigne Wilson an... it 1 4 3 v Page 33 of 226 3 wires were cut, re -taped and left exposed when the swale was dug, this one remains exposed in the Reid's parking area, while the other 2 have been covered with sod. Property of Dawn Hammel and Ron Spencer pito 36 Oneida Ave. Road water now pools onto their car pad when it rains. Gravel keeps washing onto their car pad. Ryan Wilson and Sabrina Lavigne Wilson 8b) 6:10 p.m. Sabrina Lavigne Wilson an... Page 38 of 226 Is it finished? The lid moves easily up and down when walked or driven on and the asphalt has crumpled and washed away in less than 2 months time. This swale or ditch currently runs along most of the top of our property. Making access to our driveway and car pad challenging. Our cars often scrape the asphalt no matter the angle or how slow we attempt to drive over it. We are concerned that raising the bottom will allow for the accumulated water to overflow into our driveway. ca C 0 0 C OD eB —J (O C L (0 ped Jeo pue Aennanpp ,ono 6uisn saloman uaoa1 pew aye uo sadens CO CN CN C3 r 0 cm 0_ Snow, freezing and melting. Snow plows and snow blowers? Will we be able to get out of the ditch when it is covered in ice? Before addressing the Oneida Avenue drainage issue again, we ask that the following questions be asked, discussed or considered before deciding on a course of action. Does the proposed plan address all, most, or some of the concerns raised in this presentation? Does the proposed plan look and deal with the whole problem, or does it deal with concerns individually with individual solutions? Will the proposed plan allow for appropriate snow removal? Does the proposed plan address the drawn cover, exposed and buried wires? Does the proposed plan allow unobstructed access to our properties? Who is responsible for the damage to the Reid's set of stairs? Finally, does the proposed plan offer a LONG TERM solution? We would like council to re- consider... Engineered plans or drawings. A third party to complete the project. The restoration of our driveway (34 Oneida Ave.) We would like the excess gravel from our driveway to be removed and fine screenings brought in to restore our driveway to it's original state. (Dave Melinson from Compact Construction has worked on our driveway before and is familiar with the needs of our driveway). Food for thought... Valleycrest Rd. is a similar road to Oneida Avenue with similar water drainage needs. Ideas worth considering! What Oneida Ave. residents would like... A water drainage solution that will adequately drain water away from all our properties. A drainage solution that works for all involved. A drainage solution that will allow for appropriate snow removal. A drainage solution that allows free unobstructed access t0 our properties (No scraping of our cars while driving over ditches). A drainage solution that allows appropriate access to vehicles (No walking through puddles to get into vehicles). A long term solution. One that will stand up to rain, snow, ice /freezing, and spring thaws. a) c co J (13 C 'L ID CZ vJ E O T- Co 8b) 6:10 p.m. Sabrina Lavigne Wilson an... September l 2010 Dear mayor and council, We are Ashlea and Josh Reid, we live at 31 Oneida Ave. in Sugarbush. We would like to share some concerns with you in writing concerning the drainage problems we have been experiencing over the last couple years, since moving into our house. Over the last three years the amount of water damage to our property has increased. The driveway is constantly flooded creating massive tributaries under the front deck causing serious erosion to the deck footings. This water is also causing serious flooding in front of our house resulting in over a foot of sand, soil and rocks in front and under the deck. Similar tributaries have caused serious erosion to our front yard. All of this is due to lack of drainage on our cul -de -sac. We are also concerned for the state of our staircase, and worried about the safety of those using it. We feel that the staircase has shifted considerably due to all the rain we've had this summer and we were hoping that the drainage issue would have been long resolved. Obviously our staircase is desperately in need of repair. And so we ask, since the water is coming from the road, who is responsible for the damage? We feel that some financial compensation should be granted due to this ongoing problem. Sincerely, Ashlea Reid and Josh Reid Page 48 of 226 Report No. TES2010 -16 To: COUNCIL Prepared By: Jerry Ball Meeting Date: September 8, 2010 Subject: Drainage Concerns Line 12 North (Lot 16, Conc. 13) Jermey Farm Motion Roll R.M.S. File 9a) Report No. TES 2010 -16, Jerry Ball, t. REPORT 'township of Fraud Heritage, Exciting Future I RECOMMENDATION(S): Requires Action x I For Information Onlyn 1 It is recommended that: 1. THAT Report No. TES2010 -16 be received and adopted. 2. THAT the Transportation Services Department proceeds with ditching and creating a back slope on the east side of Line 12 North, for approximately 170 metres, to eliminate any road water from draining onto Mr. Jermey's farm land. 3. THAT Transportation Services monitors this ditch during heavy rains and spring thaw, and installs a new cross pipe, if warranted, to drain water from the east ditch into the west ditch in 2011, to eliminate flooding. 4. AND THAT the Director of Transportation and Environmental Services advises Mr. Jermey of Council's decision. Correspondence dated July 5, 2010 was received from Mr. Scott Jermey requesting that the Township ditch the east side of Line 12 North, south of the 15/16 Sideroad, to stop road water from flowing onto his property and causing severe crop Toss by flooding. 1 ANALYSIS: 1 In 2000, Transportation Services constructed a new ditch along the west side of Line 12 North, from 15/16 Sideroad, south, for approximately 1 /2 km. to the outlet ditch. This addressed the poor drainage and road flooding each spring during the thaw. To respond to Mr. Jermey's request, a site inspection was completed to shoot grade elevations to determine the length and depth of a proposed ditch, as much of the east roadside is full of large rocks and is substantially higher than the existing elevation of the paved surface. Transportation and Environmental Services September 8, 2010 Report No. TES2010 -16 Page 1 of 3 Page 49 of 226 9a) Report No. TES 2010 -16, Jerry Ball, Upon completion of the site inspection, it was determined that the total ditch length required would be approximately 350 metres, with approximately 175 metres requiring 2.1 metres in depth of fill /stones to be removed to maintain a proper grade and take any ditch water to a sufficient outlet. Once the ditching is completed, a 500 mm culvert, sewer, complete with tees and grates, must be installed within the 175 metres of ditch for safety and liability purposes. The required time to complete this project would be approximately one week. The costs to remove the ditching material and stones, including labour, equipment, and material, would be approximately $32,000.00. During the site review, it was also determined that there was approximately 170 metres along the east side of Line 12 North where a shallow ditch existed with little, to no back slope, which would allow road water to enter Mr. Jermey's property. As it is still undecided as to the amount of water that collects in this portion of the ditch, it is suggested that the 170 metres of road ditch be reshaped and a back slope created, as that will stop any road water from entering the Jermey's land. It is also suggested to monitor this ditch during heavy rains and spring thaw to determine the amount of water that is collected. If there is water to warrant, a road crossing culvert would be installed in the spring to drain the east ditch into the existing west ditch and to maintain an elevation on the cross culvert, so as not to drain water back into the east ditch. To complete the 170 metres of ditching would be estimated at approximately $2,000.00. I FINANCIAL: 1 i Included in the 2010 ditching budget. 1 POLICIES /LEGISLATION: Drainage Act 1 CONSULTATIONS: 1 Manager of Transportation Services Foreman of Transportation Services South yard Correspondence from Mr. Scott Jermey dated July 5, 2010. Transportation and Environmental Services September 8, 2010 Report No. TES2010 -16 Page2of3 Page 50 of 226 9a) Report No. TES 2010-16, Jerry Bali, (LINKAGE TO COUNCIL STRATEGIC PRIORITIES: 1 The recommendations included in this Staff Report support the following of Council's Strategic Priorities: i:ii Service Excellence Promotion of a welcoming, courteous, and professional culture of service excellence. 1 CONCLUSION: In conclusion, it is recommended to proceed with the 170 metres of ditching and back slope to stop any road water from draining onto Mr. Jermey s property, and to monitor this during heavy rains and during spring thaw to determine the quantities of water and if there is a need for a new cross culvert. Respectfully submitted: Jerry Ball, C.R.S.S. Director of Transportation and Environmental Services C.A.O. Approval /Comments: SMT Approval /Comments: Transportation and Environmental Services September 8, 2010 Report No. TES2010 -16 Page 3 of 3 Page 51 of 226 9a) Report No. TES 2010 -16, Jerry Ball, 12c) Correspondence dated July 5, 2010 from Scott Jermey, re: Dra... Scott Jermey 2001 15 -16 Side road E. R. R. 11. U 4b w Carn.. 11.1�IL July 05, 2010 To: Mayor and Members of Council Re: Drainage Situation on Concession 12 Oro Medonte N. Lot 16 j Con 13 g old Oro Twp.) To all concerned, this situation has been neglected as long as can be possibly allowed. It is with great regret that 1 Scott Jermey inform the Municipality that without prompt correction of the drainage ditch adjacent my farm on Concession 12 Oro N. Some form of action will be required on my part. Since the purchase of this Family Farm from my parents, and prior to that this area of the farm always was a lower production area. This type of lower production level can no longer be accepted in this type of economy and reduced agricultural trends. This farm land is within some of the best within Oro- Medonte and I deserve better drainage facilities, considering the level of tax base I pay with -in this Municipality. After further investigation into the Ontario Drainage Act: R.S.O.1990 Chapter D 17 Section 23 2 "If, from any land or road, water is artificially caused by any means to flow upon and injure any other land or road, the land or road from which the water is caused to flow may be assessed for injuring liability with respect to a drainage works to relieve the injury so caused to such other land or road." With the review of the Act, and considering the long term impact of lost revenue from poor drainage of this property it would be in the best interest of all to move forward at the soonest possible convenience to rectify this situation. Further to the reduced production on my farm land, this area of roadway always has experienced spring frost heaving and numerous large potholes every year. Since the Municipality recently resurfaced this road it would be wise to repair this ditch to prevent this from continuing on a yearly basis_ This is the first time I have ever made a request in the 23 years since purchasing the farm from my parents. The Municipality should take this into consideration when reviewing this issue. Thank you for your time and consideration in this matter. Sincerely, Scott Jermey „8„,,,ce ORO•MEDdNTE TOWNSHIP MOTION# 3 JUL 1 4 2010 JUL d 6 In` CQUNCIL logo MEETING i opt-, T Page 224 of 345 Page 52 of 226 9a) Report No. TES 201 0 -16, Jerry Ball, F. Irwin, Dou From: Sent: To: Cc: Subject: 12c) Correspondence dated July 5, 2010 from Scott Jermey, re: Dra... Irwin, Doug April 30, 2010 1:44 PM 'Scott Jermey' Ball, Jerry RE: Excavation on Line 12N Mr. Jermey, Upon receiving your attached email, 1 followed up with Jerry Ball to receiving some background. Your email does not contain sufficient information for me to take forward your request, Please provide a brief letter, which explains your request and why you are making the request, along with your offer to contribute funds to the project that I can place on an agenda for Council's consideration. Upon receipt of the letter, I will place the letter on an agenda for consideration. Thank you. Original Message From: Scott Jermey [mailto Sent: April 30, 2010 11:00 AM To: Irwin, Doug Subject: Excavation on Line 12N Dear Sir, 1 am writing you to request ditching on Line 12N. The road allowance beside my farm has a landlocked area that on a normal year puts water onto my farm. I am requesting that the ditch on the east side of Line 12N be cleaned out for a distance of approximately 165 metres beside Lot 16 Conc. 13. I would contribute $500 dollars or the actual excavation cost, which ever is lower towards the project. Mr. Jerry Ball and Mr. Dean Mawdsley have viewed the project and can provide you with their opinions. Thank you for your consideration. Scott Jermey 1 Page 225 of 345 Page 53 of 226 Report No. TES2414 -18 To: Council Prepared By: L.McNiven Meeting Date: Sept. 8, 2414 Subject: Buffalo Springs Subdivision Pre Servicing Agreement Motion Roll R.M.S. File 9b) Report No. TES 201 0 -18, Jerry Bali, REPORT 1 RECOMMENDATION(S): Requires Action X For Information Only It is recommended that: jshiof Proud Heritage, Exciting Future 1. THAT Report No. TES2010 -18 be received and adopted. 2. THAT the Township of Oro Medonte enters into a Pre- Servicing Agreement with Gargano Development Corp, for Phase I of the Buffalo Springs Subdivision. 3. THAT the Clerk prepares a By -law for Council's consideration. 4. AND THAT the Developer be notified of Council's decision. 1 BACKGROUND: 1 Gargano Development Corp. is proposing a 229 lot development located on Lot 2 and Lot 3 Concession 9. The subdivision will be built in two phases with 118 Tots in phase 1 and 111 lots in phase 2. 1 ANALYSIS: Transportation Environmental Services Report No TES2010 -1 8 Gargano Development Corp. is requesting to enter into a Pre Servicing Agreement with the Township of Oro- Medonte to start construction of the municipal services within Phase 1 of their development. The Township has received the required clearance letters from AECOM (Township Engineer), as well as the Township's solicitor and Planner, stating they have no objection to the pre servicing agreement. The Engineering Drawings for Phase 1 have been reviewed and approved by the Township Engineer and the Ministry of Natural Resources. The Ministry of Environment Sept. 8, 2010 Page 1 of 2 Page 54 of 226 9b) Report No. TES 2010 -18, Jerry Bali, has issued the Certificate of Approval for the installation of the watermains and storm sewers. The developer will be required to provide securities in the amount of 10% of the total cost of phase 1 of the subdivision ($610,526.49) prior to the execution of the agreement. FINANCIAL: CONSULTATIONS: AECOM Township Staff 1 ATTACHMENTS: Pre- Servicing Agreement 1 CONCLUSION: 1 Staff recommend that upon receipt of the required securities from the Developer, the Township of Oro Medonte enter into a Pre Servicing Agreement with Gargano Development Corp. for installation of servicing for phase 1 of the Buffalo Springs Subdivision and at that time the Clerk bring forth the necessary By-law for adoption. Respectfully submitted: Lisa McNiven Manager of Engineering and Environmental Services SMT Approval Comments: C.A.O. Approval Comments: Transportation Environmental Services Report No. TES2010 -18 Sept. 8, 2010 Page 2 of 2 Page 55 of 226 9b) Report No. TES 2010 -18, Jerry Bali, Sept, 2010 By -Law No. 2010- PRE SERVICING AGREEMENT between GARGANO DEVELOPMENT CORP. and THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE DESCRIPTION OF LANDS Part of East Halves of Lot 2 and 3, Concession 9 Being Part 1, Plan 51R-36508 Being all of PIN 58532 -0089 (LT) TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE Page 56 of 226 9b) Report No. TES 2010 -18, Jerry Ball, PRE SERVICING AGREEMENT THIS AGREEMENT MADE BETWEEN: THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE (hereinafter called the "Township and GARGANO DEVELOPMENT CORP. (hereinafter called the "Developer WHEREAS the Developer is the registered owner of the lands described in Schedule "A" attached (the "Subdivision Lands AND WHEREAS the Developer desires to commence installing municipal services within the Subdivision Lands, prior to the registration of the Plan of Subdivision and the execution of the Subdivision Agreement with the Township; AND WHEREAS the Township has agreed to permit the Developer to install, construct and provide municipal services within the Subdivision Lands on the terms and conditions set out herein; AND WHEREAS the parties to this Agreement declare that the recitals are true and incontrovertible; NOW THEREFORE in consideration of the sum of Two Dollars ($2.00) and other valuable consideration, the receipt and sufficiency of which are hereby irrevocably acknowledged, the parties hereto covenant and agree as follows: 1. ASSUMPTION OF RISK BY DEVELOPER 1.1 The Developer agrees to assume all risk and cost of commencing installation of Township services, as defined in Article 1.4 hereof, on the Subdivision Lands, prior to the execution of a Subdivision Agreement with the Township and the registration of the Plan of Subdivision. The Developer hereby releases, and agrees to indemnify and save harmless, the Township, its agents, servants and employees from and against all actions, suits, claims and demands whatsoever, which may arise either directly or indirectly as a result of the installation of Township services by the Developer or by reason of the maintenance or lack of maintenance of the Township services or by reason of any defect in workmanship or material. 1.2 The Developer acknowledges and agrees that, in the event that a Subdivision Agreement with the Township is not finalized for any reason and the Plan of Subdivision is not registered as a result, pre servicing of the Subdivision Lands shall cease immediately. 1.3 The Developer acknowledges and agrees that Engineering design plans and specification for the Township services to be installed by the Developer, as submitted to the Township, in accordance with the terms of this Agreement, may require further amendment as a result of requirements imposed by the Township under the terms of the Subdivision Agreement to be entered into for the Subdivision Lands. The Developer covenants and agrees to assume all risk and responsibility for the cost of required revisions to the Engineering design drawings and specifications for the Township services, together with the costs of modifying, reconstructing, removing and /or replacing the Township services installed by the Developer, pursuant to the terms of this Agreement, in order to 2 Page 57 of 226 9b) Report No. TES 2010 -18, Jerry Ball, satisfy the requirements finally imposed by the Township at the time that the Subdivision Agreement is entered into. 1.4 The Developer acknowledges and agrees that this Agreement relates to and permits the installation of the following Township services on the Subdivision Lands: 1. Roadway Construction to base coarse asphalt 2. Storm Drainage Works 3. Water works including Water Treatment Plant and Distribution System 4. Earthworks 1.5 The Developer acknowledges and agrees that no work shall be carried out on any existing Township right -of -way, and that there shall be no connection to services on any Township right -of -way. 1.6 The Developer acknowledges and agrees that no work shall be carried out on lands not owned by the Developer, without the written consent of the owner to be filed with and approved by the Township. 1.7 The Developer acknowledges and agrees that all Servicing Plans, and all work in constructing, installing and otherwise providing the Township services, must comply with Federal, Provincial and Township laws, By -laws, standards and policies. The Developer further acknowledges and agrees that all work must be done in a good and workmanlike manner and in accordance with the Township's standards, practices and directions. 1.8 The Developer acknowledges and agrees that it shall be bound by the terms and conditions of the Subdivision Agreement and that nothing contained in this Agreement, or in the Township's grant of the permission to proceed with the installation and construction of the Township services, will estop the Township from imposing any of its conditions and requirements pertaining to the installation of public works or from enforcing its authority to require the Developer to fully comply with all applicable conditions of approval of the Plan of Subdivision. 1.9 Notwithstanding any other provision of this Agreement, the Developer expressly acknowledges and agrees that none of the provisions of this Agreement is intended to operate, nor shall have the effect of operating, in any way to fetter the discretion of the Township or its Council in the exercise of any of its discretionary powers, duties or authorities. 2. REQUIREMENTS PRIOR TO THE COMMENCEMENT OF WORK 2.1 The Developer agrees to submit the following to the Township, in a form satisfactory to the Township, prior to the commencement of the construction and installation of Township services on the Subdivision Lands: a) A letter from a qualified Engineer experienced in the field of Township services confirming: 1. Retainer That their firm has been retained by the Developers to act as Consulting Engineers in connection with the design, construction and installation of the Township services; 2. Terms of Retainer The terms of their retainer with the Developer as follows: a) Plans and Specifications Prepare plans and specifications for the construction of Township services; b) Cost Estimates Prepare cost estimates for the Township services to be constructed from the drawings; 3 Page 58 of 226 9b) Report No. TES 2010 -18, Jerry Ball, c) Approvals Obtain all necessary approvals to construct; d) Co- ordination Co- ordinate the installation of Township services to avoid conflicts with regards to telephone, cable T.V., and Township services; e) f) As- Constructed Drawings Submit certified "as- constructed" drawings after acceptance of the Township services; g) On -Site Inspections Ensure that all on -site inspections of Township service installations are conducted by the Developer's Consulting Engineers at all times during construction; Change in Retainer If at any time during the project: i) The terms of their retainer are changed by the Developer, or; ii) If they become aware that they will not be able to provide "as constructed" drawings, they will notify the Township within twenty -four (24) hours; h) Erosion and Siltation Control Ensure all necessary precautions are taken to prevent erosion and sedimentation of sewers, ditches, culverts, slopes, etc., both within the subdivision and downstream, prior to and during construction. b) Confirmation letters are to be filed with the Township Clerk, confirming the following: 1) The Township Engineer has no objection to the pre servicing; 2) The Planning Department has no objection to the pre servicing; 3) The Township Solicitors have no legal objections to the pre servicing. 4) Ministry of Natural Resources Approvals. c) Payment of cash or certified cheque required to cover the cost of the Township's solicitor and Planner for all costs involved in processing the Pre Servicing Agreement, and for all the Township's Engineers for checking of plans, specifications and inspection on behalf of the Township for the sum of Ten Thousand Dollars ($10,000.00 As accounts are received from the Township Planner, solicitor and Engineer, they will be paid by the Township and then submitted to the Developer for reimbursement within thirty (30) days. In the event that the deposit is drawn down to a level of Five Thousand Dollars 5,000.00) or less, and the Developer does not pay the accounts within thirty (30) days, it is hereby understood and agreed that the Developer shall be in default of this Agreement and all work must cease forthwith; d) A Letter of Credit, in the form and having the contents set out in Schedule "C in the amount set out in Schedule "B attached, as security to ensure the due completion of the Township services to be constructed by the Developer, and as security to be held by the Township for the warranty periods to be more particularly described in the Subdivision Agreement for the Subdivision Lands, all to the satisfaction of the Township acting in its sole and absolute discretion. The said Letter of Credit shall provide that if, in the sole opinion of the Township, default under the terms of this Agreement has taken place, the said Letter of Credit may thereupon be drawn upon in whole or in part; e) A certified copy of an insurance policy, or a certificate of insurance in a form satisfactory to the Township, confirming comprehensive general liability in the amount of Five Million Dollars ($5,000,000.00), naming the Township as co- insured and indemnifying the Township from any and all loss arising from claims or damages, injury or otherwise in connection with the work done by or on behalf of the Developer, and containing the following additional provisions or endorsements: 4 Page 59 of 226 9b) Report No. TES 2010 -18, Jerry Bali, 9) 1) Products /Completed Operations provisions; 2) Cross liability clause; 3) Blasting included, only if done by an independent contractor; 4) Notice of Cancellation a provision that the insurance company agrees to notify the Township within fifteen (15) days, in advance, of any cancellation or expiry of the said insurance policy. The insurance policy shall be maintained in full force and effect until the Subdivision is assumed by the Township, and failure to so maintain the policy shall be deemed to be a breach of this Agreement. f) All Servicing Plans shall be submitted to and accepted by the Township Engineer; The Ministry of the Environment and Energy has given technical approval to the Servicing Plans. 3. INSPECTION BY THE TOWNSHIP 3.1 The Developer agrees to permit unrestricted access to the Subdivision Lands to the Township and its agents for the purpose of inspection of the Township services to be installed by the Developer. Notwithstanding that inspections may be conducted by the Township or its agents, the Developer shall bear sole responsibility for the soundness of the Engineering design of the Township services, and for ensuring that the Township services to be installed will function, as intended, and will be compatible with the final Plan of Subdivision when and if such Plan of Subdivision is approved. 3.2 If, in the opinion of the Township, there is an emergency situation as a result of any work undertaken by the Developer or its servants, or agents, which requires immediate attention to avoid damage to private or public property or services owned by the Township or to eliminate a potential hazard to persons, such work may be done immediately by the Township at the expense of the Developer, but notice shall be given to the Developer at the earliest possible time. 4. APPLICATION OF SECURITY 4.1 In the event of default by the Developer under the terms of this Agreement, or if the Township is required to enter onto the Subdivision Lands or the abutting Township lands to conduct any work on the Township services or the connection of the Township services to facilities due to an emergency, the Township shall be entitled to draw upon the security posted by the Developer pursuant to the terms of this Agreement, in whole or in part, to cover the costs incurred by the Township in remedying the default on the part of the Developer, or in addressing the emergency situation. 5. NO REDUCTION OF SECURITY 5.1 The Developer acknowledges and agrees that no reduction in the amount of security filed by the Developer with the Township, in accordance with the terms of this Agreement, shall be permitted until such time as the Developer has entered into the Subdivision Agreement for the Subdivision Lands with the Township. Thereafter, any reductions in the security posted by the Developer shall be completed in accordance with the terms of the said Subdivision Agreement. 6. NO ASSUMPTION OF TOWNSHIP SERVICES 6.1 The Developer acknowledges and agrees that the Township shall not be required to assume the Township services to be constructed by the Developer, pursuant to the terms of this Agreement, until such time as the Developer has entered into a Subdivision Agreement with the Township for the Subdivision Lands, and the Township services have been completed, inspected, and approved. 5 Page 60 of 226 9b) Report No. TES 2010 -18, Jerry Ball, 7. WITHDRAWAL OF PERMISSION 7.1 The Developer acknowledges and agrees that the Township is entitled to withdraw its permission granted herein for the installation and construction of the Township services if it is determined, in the sole and absolute discretion of the Township, that such withdrawal is in the best interests of the Township. Upon notification of such withdrawal of permission, the Developer covenants and agrees to immediately cease any further construction, installation and other work in respect of the Township services. The Developer acknowledges that it shall have no claim against the Township if it exercises its right to withdraw the permission granted under this Agreement and it specifically waives and disclaims its rights to make any claims in connection therewith. 8. NOTICE 8.1 Any notice required to be given pursuant to this Agreement may be given by prepaid registered post to the Developer at the following address: Gargano Development Corp. 8600 Dufferin Street Vaughan, ON L4K 5P5 and such notice shall be deemed to have been given and received on the third day after mailing. 9. NO ASSIGNMENT 9.1 The Developer shall not assign or otherwise transfer the benefit of this Agreement without the written consent of the Township, which may be unreasonably withheld. 10. APPLICABLE LAW 10.1 This Agreement shall be interpreted under and is governed by the laws of the Province of Ontario. IN WITNESS WHEREOF the Developer has hereunto set its hands and seals this day of 2010. GARGANO DEVELOPMENT CORP. Per: Developer Carlo Baldassarra A.S.O Per: Developer J. David Bunston A.S.O IN WITNESS WHEREOF the Township has hereunto sets its hands and seals this day of 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Per: H.S. Hughes, Mayor Per: J. Douglas Irwin, Clerk 6 Page 61 of 226 9b) Report No. TES 2010 -18, Jerry Ball, DESCRIPTION OF LANDS: SCHEDULE "A" ALL AND SINGULAR, that certain parcel or tract of premises, situate, lying, and being in the Township of Oro Medonte (formerly Township of Oro), in the County of Simcoe, and being composed of the whole of the lands described as follows: Part of East Halves of Lot 2 and 3, Concession 9, being Part 1, Plan 51 R- 36508, being all of PIN 58532 -0089 (LT), Township of Oro Medonte, County of Simcoe 7 Page 62 of 226 9b) Report No. TES 2010 -18, Jerry Ball, SCHEDULE "B" CASH DEPOSITS TO BE FILED WITH THE TOWNSHIP: 1. Township's solicitor and Planner for all costs involved in processing the Pre Servicing Agreement and for all the Township's Engineers for checking of plans, specifications and inspections on behalf of the Township. 10,000.00 TOTAL CASH DEPOSITS TO THE TOWNSHIP 10,000.00 2. A Letter of Credit as security to ensure the due completion of the Township services to be constructed by the Developer and as security to be held by the Township until the Developer enters into a Subdivision Agreement for the Subdivision Lands. SECURITY TO BE DEPOSITED WITH THE TOWNSHIP 610,526.49 8 Page 63 of 226 9b) Report No. TES 2010-18, Jerry Ball, DATE OF ISSUE: NAME OF BANK: ADDRESS OF BANK: SCHEDULE "C" SUBDIVISION AGREEMENT STANDARD FOR THE TOWNSHIP "STANDBY" LETTER OF CREDIT IRREVOCABLE LETTER OF CREDIT LETTER OF CREDIT NO.: AMOUNT: Except as otherwise expressly stated, this Letter of Credit is issued subject to the Uniform Customs and Practices for Documentary Credits (1993 Revision), being ICC Publication No. UCP 500. TO: THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE P.O. Box 100, ORO Ontario, LOL 2X0 We hereby authorize you to draw on the Bank of Ontario, for the account of up to an aggregate amount of which is available on demand. Pursuant to the request of our said customer, we, the Bank of Ontario, hereby establish and give to you an Irrevocable Letter of Credit in your favour, in the above amount, which may be drawn on by you at any time and from time to time, upon written demand for payment made upon us by you which demand we shall honour without enquiring whether you have the right as between yourself and our said customer to make such demand and without recognizing any claim of our said customer or objection by them to payment by us. Demand shall be by way of a letter signed by an authorized signing officer of the Corporation of the Township of Oro Medonte. The original Letter of Credit must be presented to us at Bank of Ontario, The Letter of Credit, we understand, relates to a Subdivision Agreement between our said customer and the Corporation of the Township of Oro Medonte, with Mortgage Company, as a third party, regarding subdivision of (property description) The amount of this Letter of Credit may be reduced from time to time, as advised by notice in writing, given to us by an authorized signing officer of the Corporation of the Township of Oro Medonte. Partial drawings shall be permitted. We hereby agree that partial drawings under this Letter of Credit will be duly honoured upon demand. This Letter of Credit will continue in force for a period of one year, but shall be subject to the condition hereinafter set forth. It is a condition of this Letter of Credit that it shall be deemed to be automatically extended without amendment from year to year, from the present or any future expiration date hereof, unless at least thirty (30) days prior to the present, or any future expiration date, we notify you in writing by registered mail that we elect not to consider this Letter of Credit to be renewable for any additional period. Dated at Ontario, this day of 20 Authorized Signature Authorized Signature Bank of 3957585.3 9 Page 64 of 226 Report No. TES2010 -19 To: Council Prepared By: L.McNiven Meeting Date: Sept. 8, 2010 Subject: Water Service Connection Agreements for Lots 4, 5 and 13 on Huronwoods Drive Modco Investments Ltd Motion Roll R.M.S. File 9c) Report No. TES 2010 -19, Jerry Ball, REPORT It is recommended that: Township of Proud Heritage, Exciting Future 1 RECOMMENDATION(S): Requires Action For Information Onlyn 1. THAT Report No. TES2010 -19 be received and adopted. 2. THAT the Township of Oro Medonte enters into Water Service Connection Agreements with Modco Investments Ltd. for Part 1 and Part 2 on Plan 51 R -37180 and Part 1 on Plan 51R-37169. 3. THAT the Clerk prepares a By-law for Council's consideration. 4. AND THAT Modco Investments Ltd. is notified of Council's decision. 1 BACKGROUND: Indian Park Association recently entered into site plan agreements for three lots on Huronwoods Drive with the Township. A condition of the site plan agreement was that the owner of the lots enters into water service connection agreements for each of the Tots with the Township. The Tots have been sold to Modco Investments Ltd. who is now required to enter into the water service connection agreements and install water services to each of the three Tots at their cost. ANALYSIS: 1 The connection of the three Tots to the Sugarbush water system would have no negative effect on the municipal system. Staff will work with the owner to provide direction on the location and specifications for each of the water services. Transportation Environmental Services Report No. TES2010 -19 Sept. 8, 2010 Page 1 of 2 Page 65 of 226 9c) Report No. TES 2010 -19, Jerry Ball, Modco Investments Ltd. are aware that they will be responsible for all costs incurred for the connections to the Sugarbush system, including the installation of a water meter and any subsequent repairs of the service on private property. Mr. Fred MacGregor, Environmental Services Foreman, has no concerns with installation of three water services on the Sugarbush system. 1 FINANCIAL: I CONSULTATIONS: 1 Township Staff Modco Investments Ltd., ATTACHMENTS: Map of lot locations Water Service Connection Agreements for Part 1 and Part 2 on Plan 51 R -37180 and Part 1 on Plan 51R-37169. 1 CONCLUSION: It is recommended that the Township enter into water service connection agreements for the above Tots on Huronwoods Drive in the Sugarbush water system. Respectfully submitted: Lisa McNiven, C.E.T., B.Sc., Manager of Engineering and Environmental Services SMT Approval 1 Comments: C.A.O. Approval Comments: Transportation Environmental Services Report No. TES2010 -19 Sept. 8, 2010 Page 2 of 2 Page 66 of 226 Report No. TES2010 -20 To: COUNCIL Prepared By: Jerry Ball Meeting Date: September 8, 2010 Subject: Drainage Oneida Avenue Cul- De -Sac Motion Roll R.M.S. File 9d) Report No. TES 2010 -20, Jerry Ball, f REPORT Township of Proud Heritage, Exciting Future RECOMMENDATION(S): Requires Action X For Information Only It is recommended that: 1. THAT Report No. TES2010 -20 be received and adopted. 2. THAT K.J. Beamish Construction proceeds with the curbing and necessary paving within the cul -de -sac, on Oneida Avenue, to eliminate further erosion of Mr. Wilson's driveway. 3. THAT this work be funded from the surplus funds of the capital paving projects. 4. AND THAT the Director of Transportation and Environmental Services advises Mr. and Mrs. Wilson of Council's decision. 1 BACKGROUND: J During the past two years, numerous concerns have been received from the Wilson family regarding drainage issues located around the cul -de -sac, at the end of Oneida Avenue and at their residence of #34 Oneida Avenue. The Wilson's home was constructed in 2007 by Mr. DeMartini, however the driveway, which exceeds the municipal standard of 6% grade, was never approved by the Transportation and Environmental Services Department. The driveway has eroded numerous times during heavy rain falls and spring runoff. Since the completion of the paving on the cul -de -sac, erosion still occurs. The topography of Oneida Avenue is somewhat hilly and surface water from storm events collect in different areas. The cul -de -sac at the end of Oneida Avenue is a basin and surface water flows from the south, down the paved road surface, and water from the north flows from private property, and collects in the cul -de -sac. Until approximately three years ago, water did flow into the bush area where the Wilson home and driveway now exists, and was not a concern to the municipality or local Transportation and Environmental Services September 8, 2010 Report No. TES2010 -20 Page 1 of 3 Page 67 of 226 9d) Report No. TES 2010 -20, Jerry Ball, residents. During the heavy storm events of 2010, surface water did not create any problems in the adjacent bush area. The Township proposes to have the water flowing to an outlet and into the bush area, away from the paved road surface. Transportation staff installed a storm sewer with a 1" catch basin to address the surface water flow and the cul -de -sac was then paved with a small asphalt curb on the west side. After a severe storm event, it was determined that the storm sewer and catch basin, including the gutter, was not sufficient enough to handle the amount of storm water. Staff then increased the size of the swale and gutters, repaved and sodded the open ditch areas. The drainage and the outlet have been substantially improved. However, during a large storm event, water will flow over the gutter and down the Wilson's driveway. Water also flows from three other private driveways, which collects on the gravel shoulder and flows into the Wilson's car park and onto their lawn. ANALYSIS: Considerable work has been completed to address the drainage concerns and due to large storm events, and the quantity of water that collects, erosion still occurs. To -date, there has been approximately $8,300.00 incurred within the cul -de -sac to improve the drainage, which includes the paved gutter, storm sewer, and sodded swales. Not included in this cost estimate is the actual paving of the cul -de -sac radius, completed by K. J. Beamish Construction. To eliminate the erosion in this area, staff scheduled an on -site meeting with personnel from K.J. Beamish Construction to discuss this problem and consider further work. All parties agreed that the solution to eliminate further erosion would be to install a concrete curb around the perimeter of the cul -de -sac. This would assist with collecting and directing the flow of storm water to the existing storm sewer and swale, preventing road surface water from entering and eroding the Wilson's driveway. The estimated costs involved to install the curb, pave a minimum of one (1) metre behind the curb, and then match the road surface grade with the curb, is $30,000.00. It is recommended that this expenditure would be funded from the paving projects surplus of capital projects. 1 FINANCIAL: J Capital expenditure funded from the surplus funds of 2010 paving projects. POL( CIESlLEGISLATION: N/A Transportation and Environmental Services Report No. TES2010 -20 September 8, 2010 Page 2 of 3 Page 68 of 226 9d) Report No. TES 2010 -20, Jerry Ball, 1 LINKAGE TO COUNCIL STRATEGIC PRIORITIES: The recommendations included in this Staff Report support the following of Council's Strategic Priorities: None E] 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. 1 CONSULTATIONS: K. J. Beamish Construction Manager of Transportation Services 1 ATTACHMENTS: J 1 CONCLUSION: 1 To reduce ongoing maintenance costs and further erosion on Oneida Avenue, staff recommend that K .J. Beamish Construction install a curb and complete all necessary paving required to address the drainage concerns on the Oneida Avenue cul -de -sac. Respectfully submitted: 1 Jerry Ball, i Director of Transportation and Environmental Services Transportation and Environmental Services Report No. TES2010 -20 September 8, 2010 Page 3 of 3 Page 69 of 226 Report No. DS 2010 -046 To: Council Prepared By: Steven Farquharson, Intermediate Planner Meeting Date: September 8, 2010 Subject: Site Plan Agreement 2010 -SPA -16 (850892 Ontario Limited) Motion Roll 4346 -010- 003 -28401 Part of East Half of Lot 3, Concession 7 designated as Parts 6, 7, 8 on Plan 51 R- 30720. Subject to an Easement over Part 7 on Plan 51 R -30720 as set out in Instrument No. LT 524692 Being all of PIN #58533 -0214 (Lt) (Former Township of Oro) R.M.S. File D11 40704 9e) Report No. DS 2010 -46, Andria Leigh,... REPORT RECOMMENDATION(S): Requires Action It is recommended: 1. THAT Report No. DS 2010 -046 be received and adopted. 2. THAT the Township of Oro Medonte enters into a Site Plan Agreement with 850892 Ontario Limited to establish a building envelope 3. THAT the Clerk prepares a By -law for Council's consideration to enter into a Site Plan Agreement with 850892 Ontario Limited. 4. AND THAT the owner be notified of Council's decision. 1 BACKGROUND: 1 The applicant is proposing to have a site plan agreement registered on title in order to establish building envelopes for the construction of a model home on Lot 2 in the draft plan approved Diamond Valley Plan of Subdivision. The zoning now in effect for the subject lands is Residential One Hold (R1(H)) Zone. The applicant was granted approval by the Committee of Adjustment on September 18, 2008, to place model homes within the Draft Plan approved Plan of Subdivision. A condition was placed on the variance approval stating that a site plan agreement must be entered into with the Township in order to protect the closed canopy forest cover or within the Pine Reforestation Area. As such, the owner must enter into a Site Plan Agreement prior to the issuance of a Zoning Certificate and Building Permit. DEVELOPMENT SERVICES Meeting Date September 8, 2010 Report No. DS 2010 -046 Township of Proud Heritage, Exciting Future X For Information Onlyn Page 1 of 5 1 Page 70 of 226 9e) Report No. DS 2010 -46, Andria Leigh,... 1 ANALYSIS: The subject lands are designated "Residential" by the Official Plan. The subject lands are located on the west side of Line 7 N, south of Horseshoe Valley Road, being Parts 6, 7, 8 on Plan 51 R- 30720. The subject lands are zoned Residential One Hold (R1(H)). As part of the Variance request, comments received from the Director of Engineering and Environmental Services stated that Lot 2 is to be subject to Site Plan Control as they appear to within an area which is a closed canopy forest cover or within pine reforestation area. The Site Plan Agreement contains wording where the owner acknowledges that the lot will not have any negative impact on the canopy forest cover or the pine reforestation area. When the owner wishes to construct the additional model homes, a Site Plan Agreement will be required if homes are being constructed within the canopy forest cover or pine reforestation area. The Site Plan Agreement indentifies the location of the dwelling, driveway and septic system as well as the area of canopy forest cover to be maintained. 1 FINANCIAL: J N /A. 1 POLICIES /LEGISLATION: 1 Township of Oro Medonte Official Plan and Zoning By -law 97 -95 The Planning Act, Section 36 and 41 1 CONSULTATIONS: During the Site Plan circulation no concerns were raised by Township staff. ATTACHMENTS: 1 Schedule 1: Location Map Schedule 2: Site Plan Drawing Schedule 3: Site Plan Agreement 1 CONCLUSION: 1 The purpose of this application is to register a site plan agreement for the construction of a model home on Lot 2 of the draft plan approved plan of subdivision of Diamond Valley, due to it being located within the canopy forest cover or pine reforestation area. It is recommended that Site Plan Application 2010 -SPA -16 applying to the subject lands be approved. DEVELOPMENT SERVICES Report No. DS 2010 -046 Meeting Date September 8, 2010 Page 2 of 6 Page 71 of 226 9e) Report No. DS 2010 -46, Andria Leigh,... Respectfully submitted: Steven are ha son, B.URPL Intermediate Planner SMT Approval 1 Comments: Reviewed by: Glenn White, MCl P, RPP Manager of Planning Services C.A.O. Approval Comments: DEVELOPMENT SERVICES Meeting Date September 8, 2010 Report No. DS 2010 -046 Page 3 of 5 Page 72 of 226 9e) Report No. DS 2010 -46, Andria Leigh,... w Subject Lands Lot 2 DEVELOPMENT SERVICES Report No. DS 2010 -046 SCHEDULE 1: LOCATION MAP 2010-SPA-16 (850892 Ontario Limited) HORSESHOE VAL L EY ROAD SII�► CRE_S!ENT SuG R8p wRpAD 0 65130 260 390 520 Meters Meeting Date September 8, 2010 Page4of5 Page 73 of 226 9e) Report No. DS 2010 -46, Andria Leigh,... SCHEDULE 2: SITE PLAN DRAWING 2010 -SPA -16 (850892 Ontario Limited) DEVELOPMENT SERVICES Report No. DS 2010 -046 Meeting Date September 8, 2010 Page 5of5 Page 74 of 226 Report No. DS2010 -047 To: Council Prepared By: Andria Leigh Meeting Date: September 8, 2010 Subject: Memorandum of Understanding (MOU) between Township of Oro Medonte, Nottawasaga Valley Conservation Authority (NVCA), and Severn Sound Environmental Association (SSEA) for Severn Sound Watershed lands (Tri -Party MOU) Motion Roll R.M.S. File 9f) Report No. DS 2010 -047, Andria Leigh... It is recommended that: REPORT DEVELOPMENT SERVICES Report No. DS2010 -047 Township of Proud Heritage, Exciting Future 1 RECOMMENDATION(S): Requires Action X For Information Only 1. Report DS2010 -047 be received and adopted; 2. That the Township support the execution of the Memorandum of Understanding (MOU) between the Township of Oro Medonte, the Nottawasaga Valley Conservation Authority (NVCA), and the Severn Sound Environmental Association (SSEA); 3. That the Nottawasaga Valley Conservation Authority (NVCA) and the Severn Sound Environmental Association (SSEA) be advised of Council's decision; and 4. That the NVCA Board and the SSEA Board be requested to support the execution of the tri -party Memorandum of Understanding; and 5. That Township solicitor be advised to assist in the final preparation and execution of the Memorandum of Understanding, upon endorsement by the NVCA and SSEA Boards. 1 BACKGROUND /ANALYSIS: In 2001, the Township of Oro- Medonte was serviced by two Conservation Authorities (NVCA and LSRCA) and one Environmental Association (SSEA) in regards to environmental matters in the Municipality. The Conservation Authorities and the Environmental Association provide programs and services within the individual watersheds throughout the Township. The NVCA has been providing services within the Nottawasaga watershed since the 1960's consisting of approximately 20% of the area of the Township. In 2001, the Township was became a member of the Lake Simcoe Region Conservation Authority which provided services within the Lake Simcoe watershed that consists of approximately 27% of the area of the Township. The other 53% of the Township is located within the Severn Sound watershed and was provided programs September 8, 2010 Page 1 of 4 Page 75 of 226 9f) Report No. DS 201 0 -047, Andria Leigh... and services by the Severn Sound Environmental Association. In September 2003 the NVCA jurisdiction was expanded and it also began to provide programs and services within the Severn Sound watershed. At the time of the expansion, discussions had indicated that a Memorandum of Understanding (MOU) between the NVCA, SSEA, and Township would be necessary to assist in clarifying the roles and responsibilities of each. The purpose of this report is to present a draft MOU for Council's consideration which would also require support from the NVCA and SSEA Boards. In April 2010, Staff Report DS 2010 -020 was received and adopted, this report recommended a template for the proposed MOU agreement. Council provided direction to staff to proceed forward with the preparation of the appropriate MOU agreement that would clearly identify the programs and services to be provided by each party for the delivery of environmental services in the Severn Sound watershed. A series of meetings have been held between the NVCA, SSEA, and Township staff since that time to review the range of options to be highlighted in the staff reports and the specific details to be contained in the MOU document. Through these discussions it was determined that a series of options should be presented in the document to all parties. These are intended to provide the range of options available for consideration. Three options were discussed at the meetings and have been identified within the MOU document. The MOU document including the three options is intended to be presented to all three parties the NVCA and SSEA Boards and Oro Medonte Council for review and consideration. These options range from: Status quo (Option #1), the implementation of a MOU detailing programs /services (Option #2), the provision of services within the Severn Sound watershed by an alternate provider (SSEA, Consultant, CA) as determined by the Township of Oro Medonte (Option #3). In regards to the financial implications, the costs articulated within Option #1 reflect the current 2010 budget allocations with the SSEA and the NVCA; the costs identified in Option #2 have been provided by NVCA and SSEA staff to reflect the services considered general benefitting and special benefitting as well as new administration costs associated with the MOU requirements for data sharing, annual assessment reports. The costs identified in Option #3 should reflect a reduction in both the services and budget proposed from the NVCA as these services would be provided through an alternate mechanism. A formal quote to provide these services has not been obtained as this direction has not been provided by Council to staff at this time. However, should Option #3 be the preferred option by one of parties, these costs would need to be explored further. The MOU is intended to describe the programs to be provided by each party and to identify the associated costs for the provision of those services. Annual budgets for each party would then be calculated based on the services proposed to be provided and any special benefitting services would have a budget costing and would be required to be considered for approval by Council during budget deliberations. Should the recommendations of this report be supported by Council and the NVCA and SSEA, 2011 budget allocations would need to be prepared for the Township's consideration in accordance with the MOU. Attachment #1 to this report is the draft Memorandum of Understanding (MOU) that has been prepared with the assistance of both the NVCA and the SSEA staff and articulates all programs and services provided to the municipality and the party (NVCA or SSEA) that is providing the service. The MOU document requires the support of the Township, the NVCA, and the SSEA; and, as stated in the recommendations, should the report be received and approved by Oro Medonte Council, approval is also required from the NVCA Board, and the SSEA Board. The DEVELOPMENT SERVICES September 8, 2010 Report No. DS2010 -047 Page 2 of 4 Page 76 of 226 9f) Report No. DS 2010 -047, Andria Leigh... NVCA Board has a regular scheduled meeting on September 17, 2010 when it is understood the MOU will be discussed further. A special meeting of the SSEA Board is currently in the process of being scheduled to discuss the MOU. Township staff will be in attendance at both the NVCA and SSEA Board meetings. It was intended that specific programs would continue to be identified and levied as general benefitting and would include: Planning Regulations and Plan Review, DFO Partnership Agreement, Engineering and Technical Services, Source Water Protection, Flood and Erosion Hazard Management, Forest management —Plan Review component only, Environmental monitoring support for planning and regulations programs, Education Services —Tiffin Centre, Financial Operational Support, Land Maintenance Daiston Wetland Complex The balance of the programs and services identified below would be considered to be special benefitting and would be determined as required by the Municipality and the appropriate levy apportionment would be identified by the lead service provider. The programs /services considered to be special benefitting include: Healthy Waters, Forestry Services Forest Management Trees Ontario, Environmental Monitoring Report Cards, Groundwater Monitoring, Land Acquisition /Management, Sustainability Plan Implementation, Other programs In the preparation of the MOU and consideration of the environmental service delivery options for the municipality, a number of factors were required to be considered, including the need for support from all three parties (Twp, NVCA, and SSEA) in order to execute and implement the MOU, the consideration for the existing programs that are regulated under the Conservation Authorities Act including plan review to be maintained, the ability for the MOU to clearly define each parties role and specific programs /services to be provided, and the mechanism for continued review of service delivery on an annual basis and the ability to amend the MOU upon agreement by all parties. The proposed delineation of service delivery considered within the MOU is intended to ensure cost effective delivery of environmental programs and services, mechanisms for evaluating efficient or program /service delivery by each party, customer service, and the continued protection of the environment. 1 FINANCIAL: 1 2010 NVCA levy amount is 148,774.88 (approximate apportionment 98,191.42 Severn Sound watershed 50583.46 Noftawasaga watershed portion). 2010 SSEA budget 23,797 2010 LSRCA levy 40,343 (general) 26,165 (special) With the execution of the Memorandum of Understanding and the revisions to the services provided by both the NVCA and the SSEA, 2011 budget adjustments will be required by both Boards in accordance with Option #2. DEVELOPMENT SERVICES Report No. DS2010 -047 September 8, 2010 Page 3 of4 Page 77 of 226 9f) Report No. DS 2010 -047, Andria Leigh... 1 POLICIES /LEGISLATION: 1 Municipal Act Conservation Authorities Act, R.S.O. 1990 1 CONSULTATIONS: 1 NVCA Staff SSEA Staff ATTACHMENTS: Attachment #1 —Draft Memorandum of Understanding Attachment #2 NVCA Technical MOU background Attachment #3 —SSEA Technical MOU background CONCLUSION: The draft MOU is the result of the discussions between the Township, NVCA, and SSEA staff. Council has clearly identified their priorities; legislative duty for accountability of funds expended by the municipality; their commitment to ensure the provision of environmental services; and their desire to ensure effective and efficient service delivery to their ratepayers for environmental programs. Option #2 which identifies the draft MOU is intended to provide the Township with a resolution which satisfies these requirements and further establishes an annual review evaluation process. This option satisfies the direction previously provided by Council as a result of the April 2010 staff report. Respectfully submitted: Andria Leigh, MCIP, RPP Director of Development Services SMT Approval Comments: C.A.O. Approval 1 Comments: DEVELOPMENT SERVICES September 8, 2010 Report No. DS2010 -047 Page 4 of 4 Page 78 of 226 9f) Report No. DS 2010 -047, Andria Leigh... Between: MEMORANDUM OF UNDERSTANDING THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE (the "Township and NOTTAWASAGA VALLEY CONSERVATION AUTHORITY (the "NVCA and SEVERN SOUND ENVIRONMENTAL ASSOCIATION (the "SSEA") WHEREAS the area of jurisdiction of the NVCA was expanded in 2003 to include portions of land in the Township that are located within the Severn Sound watershed; AND WHEREAS the Township is a member of the NVCA; AND WHEREAS the Township is a member of the SSEA; AND WHEREAS the parties recognize that services are provided to the Severn Sound watershed area by each of the parties; AND WHEREAS the Township of Oro Medonte, the Nottawasaga Valley Conservation Authority, and the Severn Sound Environmental Association have been working on a tripartite Memorandum of Understanding (MOU) for the delivery of environmental services within the Severn Sound watershed of Oro Medonte in the best interest of the protection of the environment, and effective utilization of staff and resources; NOW THEREFORE the parties recognize the need to work together to provide effective and efficient environmental program /services within the Severn Sound watershed as outlined in this Agreement Memorandum of Understanding as follows: 1. This agreement identifies the services which are to be provided by the NVCA and which services are to be provided by the SSEA, within the Severn Sound watershed in the Township and funded by the Township. 2. The agreement provides an annual process whereby the Township may (1) assess the level of services provided and evaluate such services against the budget/levy proposed by the NVCA or SSEA; and (2) evaluate annually the efficiency and effectiveness of the services provided to the Township by the NVCA and SSEA. 3. The parties agree to ensure pre consultation is co- ordinated between the three parties related to major planning applications, other program/ services, and permits (as required) to ensure co- operation and coordination between the parties in communication with developers, applicants, residents, and any other party. The Township will provide the co- ordination of all required pre consultation meetings for planning applications and major permits, (as necessary) once a request from a landowner /applicant/developer is received. The intent of the pre consultation meeting is to assess information required to complete reviews, current available information /data, and establish timelines for sharing information and review completion. Page 79 of 226 9f) Report No. DS 2010 -047, Andria Leigh... 4. The parties agree to share information between the parties and should historical information be required from one party it would be accessed through the appropriate agreement and cost recovery mechanism. 5. The parties agree that none of the provisions of this Memorandum of Understanding is intended to operate to in any way fetter the discretion of the Township, the NVCA, or the SSEA or their respective councils or boards from exercising any of their statutory or discretionary powers, duties or authorities. 6. The parties agree that the delivery of programs and services identified in Schedule "1" will be reviewed on an annual basis between the three parties to ensure the intent of the agreement is being satisfied. 7. The annual review will be prepared by Township staff in the attached report template (Schedule 2). NVCA and SSEA will be required to provide a year -end summary to Township staff that outlines the current status of all programs and projects within the Severn Sound watershed, and the associated costs and staffing involved in each program /project. This project status /summary letter is required to be submitted to the Township no later than November 1 of each year. 8. Notwithstanding Sections 7 and 8 of this Agreement, the Agreement may be reviewed at the request of any Party at any other time. Any amendment to this Agreement shall be made only with the consent of all Parties and any such amendments shall be in writing. 9. A Party to this Agreement may, upon delivery of 6 months (in order to address staffing /budget revisions) written notice to each Party, withdraw from this Agreement. 10. This agreement comes into effect on the date of signing of the agreement by all parties and continues in force and effect until September 1, 2012 and may be automatically extended upon consent of all parties, on same terms and conditions contained herein at the discretion of the Township, NVCA, and SSEA until terminated or amended by any party in accordance with Subsection 9 herein. 11. It is recognized that special projects may require a term to complete the associated works for the project which would be longer than the term of this agreement. These special projects shall require a separate agreement between the parties to cover the term of the project and require the support of relevant parties. THIS MEMORANDUM OF UNDERSTANDING dated this day of 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor Clerk NOTTAWASAGA VALLEY CONSERVATION AUTHORITY CAO /Secretary- Treasurer Page 80 of 226 9f) Report No. DS 2010 -047, Andria Leigh... SEVERN SOUND ENVIRONMENTAL ASSOCIATION Executive Director Page 81 of 226 9f) Report No. DS 2010 -047, Andria Leigh... Option #1 Status Quo Associated Costs Programs /Services Planning Regulations and Plan Review Regulatory Enforcement Source Water Protection Flood and Erosion Hazard Management Healthy Waters (Stewardship /fisheries habitat protection) Forestry Services Forest plans, tree planting, trees Ontario) Environmental Monitoring report cards, watercourse, forest, wetland health monitoring) Groundwater Monitoring Conservation Land Acquisition /Management Engineering and Technical support including Hydro geological) Education Services Sustainability Plan Implementation Administration/Operations Special Projects Bass lake report Card and Oro Moraine report Cards covered under above programs via general levy) SSEA Operations /Administration Healthy Streams FCM Sustainability Plan Tributary Monitoring —Hog, Sturgeon, Coldwater Beach Monitoring —with Simcoe County District Health Unit Source Water Protection Schedule "1" Ontario Early Action Drinking Water Stewardship Well Aware Plan Input and Review Provincial Groundwater Monitoring Network Special Projects Total cost Total Program Value estimate see attachment 1 Program/Service Costing $18,771 $0 covered within planning) $0 covered by Prov. Grant.) SSEA lead) $10,238 $15,912 $6,875 $13,217 so (included in Env. Monitoring, SSEA lead) $8,508 $10,632 $1,395 $0 implemented via Planning and Stewardship programs) $15,619 $0 101,167 $323 $23,797 0 (included in other agr.) Separate implementation committee approach nothing from SSEA 0 (Incl. in other agr.) 0 (Incl in other agr.) 0 (covered by Prov. Grant) 0 (Incl. through other agr.) 0 (Incl. through other agr.) Cost recovery based on SSEA charges 0 (covered by Prov. grant As determined separately Page 82 of 226 9f) Report No. DS 2010 -047, Andria Leigh... Page 83 of 226 Option #2 Proposed MOU Associated Costs Program/Service Cost Programs /Services (cost and apportionment of current program) NVCA General Benefitting see NVCA Planning Program -Staff, Expertise, Monitoring and data needs attach Fisheries Habitat protection -level 2 DFO agreement $3,978 (25 Planning Regulations and Plan Review, $18 (100 Engineering and Technical Services $10,632 (100 Source Water Protection (watershed basis) $0 Flood and Erosion Hazard Management $10,238 (100 Forest management -Plan Review only $1 (15% Environmental monitoring in support of planning and regulations $6,609 (50 Education Services Tiffin Centre $1,395 (100 Admin- Operational Support $15,619 (100 Land Maintenance Dalston Wetland Complex $4 (50 Ground Water Management, (hydro geological technical support, new program area for 2011 budget high degree of uncertainty) $4,000 MOU/ special benefitting program, Admin. costs (new area) difficult to estimate $10,000 start up 2011)) ($2,000 annual cost) Total estimate) $86,527 Special Benefitting (option current value see Dec 9 2010, Council resentation attached Special benefitting programs to be endorsed by Council with separate agreement Healthy Waters (Bass Lake stewardship, water quality/ erosion control, fisheries habitat protection, current value approx. $30,000 per year) $5,000 $25,000? $5,000 to $20,000 Forestry Services Forest Management Trees Ontario Grant and Forest Management Plans project to directly market Forest mngt. Plans and Trees Ont. grant projects, subject to detail.( current value $7- $10,000 Environmental Monitoring -Report Cards -Bass Lake, Oro Moraine Severn Watersheds current value $70,000) $15,000 to $20,000 Hydro geological study ground water mngt.)( current value $7 to$14,000 0 to $20 Land Acquisition /Management difficult to estimate) Total Optional Cost $25,000 to $85,000 Value of 2010 special Benefitting projects covered under general benefitting programs approx. $114,000 to $124 9f) Report No. DS 2010 -047, Andria Leigh... Page 83 of 226 9f) Report No. DS 2010 -047, Andria Leigh... Page 84 of 226 SSEA (See By-law 2009 -040) Operations /Administration Support $23,797 Healthy Streams 0 (Inc. through other agts) Environmental monitoring Tributary —Hog, Sturgeon, Coldwater 0 (Inc. through other agts) Beach Monitoring —with Simcoe County District Health Unit 0 (Inc. through other agts) Source Water Protection watershed basis $0 (covered by Prov. grants) Ontario Early Action Drinking Water Stewardship $0 Well Aware 0 Provincial Groundwater Monitoring Network 0( covered by prov grants) Admin Initial start up /data sharing 6000 Special Benefitting Special benefitting programs to be endorsed by Council with separate agreement Healthy Waters including Stewardship and Fisheries Habitat 0 (incl. in current agr.) Forestry Services Forest Management General stream water quality improvement plantings $0 Environmental Monitoring General Stream Monitoring (Lead: SSEA) Reports Cards (joint with NVCA) 0 Land Acquisition /Management As determined Sustainability Plan Implementation Separate implementation committee cost to be approved Plan Input and Review Cost recovery based on SSEA charges 9f) Report No. DS 2010 -047, Andria Leigh... Page 84 of 226 y7; s C i f r w 4 1 t r' F 6< t l �'.y �L.f I tIT':1.`.� H n 1 s� y y L.. '''.7'--0 �f ."auntilV.:. a 1�:. -_�G_ ..r s aL Planning Regulations and Plan Review C M 3ivZ. -Wit. 4 $18,771 Regulatory Enforcement $0 covered within planning) Source Water Protection $0 covered by Prov. Grant.) SSEA lead) Flood and Erosion Hazard Management $1 0,238 Healthy Waters (Stewardship /fisheries habitat protection) $15,912 Forestry Services Forest plans, tree planting, trees Ontario) $6,875 Environmental Monitoring report cards, watercourse, forest, wetland health monitoring) $13,217 Groundwater Monitoring $0 (included in Env. Monitoring, SSEA lead) Conservation Land Acquisition /Management $8,508 Engineering and Technical support including Hydro geological) $10,632 Education Services $1,395 Sustainability Plan Implementation $0 implemented via Planning and Stewardship programs) Administration /Operations $15,619 Special Projects Bass lake report Card and Oro- Moraine report Cards covered under above programs via general levy) $0 Total cost 101,167 Total Program Value estimate see attachment 1 $323,000 9f) Report No. DS 2010 -047, Andria Leigh... Option #3 Revert to NVCA and SSEA watershed boundaries for Services Associated Costs NVCA Note: Township staff was advised of the following by the NVCA staff: See Option 1 for cost breakdown by program for a total cost to Municipality of $101,167, Total 2010 NVCA services value estimate in Severn Sound portion is $323,000. See the Dec. 9 2009, 2010 NVCA Budget presentation to Oro Medonte Council, Summary of Services table. However given that Option #3 proposes to reduce the NVCA jurisdiction over the Severn Sound watershed lands, clarification that these costs would be reduced will need to be clarified. Page 85 of 226 SSEA SSEA Operations /Administration $29.490 (2011) $35,182 (2012) 38,598 (2013) $40,528 (2014) Healthy Streams 0 FCM Sustainability Plan Separate implementation committee approach nothing from SSEA Tributary Monitoring —Hog, Sturgeon, Coldwater 0 Beach Monitoring —with Simcoe County District Health Unit 0 Source Water Protection 0 (covered through grants) Ontario Early Action Drinking Water Stewardship 0 Well Aware 0 Plan Input and Review 0(cost recovery as requested) Provincial Groundwater Monitoring Network 0 (cover through grants) Special Projects As determined separately 9f) Report No. DS 2010 -047, Andria Leigh... As this option proposes the jurisdiction to be based on the watershed boundaries which would remove the NVCA programs and services from the Severn Sound watershed, additional costs would be associated with the provision of these services to these residents. At this time, the Township has not completed a formal tendering process to determine the services and costs from an alternate provider (SSEA, consultant, CA); however an anticipated cost for these services would be a range of 60,000. Should this option be considered the preferred option by all parties, a detailed cost estimate would be secured for consideration by Council. Page 86 of 226 9f) Report No. DS 2010 -047, Andria Leigh... Township Annual Report Submission Schedule "2" Parties to submit brief summary letter for Township of Oro Medonte Council review which details in bullet point format the specific program /service and the costs to provide that service. The summary is required to be completed and submitted to the Township by November 1 of each year and is intended to summarize the costs and projects at that date. It is recognized that projects will be ongoing and may not be completed and will therefore be indicated as in progress in the yearly summary. Page 87 of 226 9f) Report No. DS 2010 -047, Andria Leigh... Interior Forest Schedule "3" Data Sharing Protocol Listed below is the current data available from the NVCA and the SSEA for the Township of Oro Medonte: NVCA NVCA_Watercourses (including stream temperature) NVCA_Landuse 2008_Landuse_Draft2 DTM Data DEM Data 2m Contours Slope Grid Hillshade ArcHydro Network Flow accumulation Grid Flow Direction Grid Catchments Subwatersheds Fisheries Management Unit Monitoring Site locations Generic Regulation Hazard Line Generic Regulation Slope Hazard Generic Regulation Estimated Flood Hazard Generic Regulation Meander Belt Hazard Generic Regulation Wetland Hazard HEC RAS data for estimated floodplain modeling NVCA Wetlands Ponds NVCA Lands Oro Moraine Boundary Stream Health 2002 Ortho Imagery Woodlands Culverts Barriers Urban Tree Planting Sites Healthy Water Sites Agriculture Resource Inventory Mapping Natural Riparian Areas SWP data (not sure yet what can/will be shared) Rainfall Data Temperature Data SSEA SSEA drainage layer SSEA temperature stations SSEA landuse (based on 2008 orthos) DTM data from County of Simcoe SSEA Drainage corrected DEM Contours generated from DEM Slope grid generated from DEM Hillshade generated from DEM ArcHydro Network Flow accumulation grid Flow direction grid Catchments Subwatersheds Monitoring site locations Wetland Iayer from NRVIS Pond Iayer from NRVIS 2002, 2008 ortho imagery SOLRIS woodlands SSEA Culverts Iayer SSEA Barriers Agricultural crop system available from SSEA landuse layer SSEA Riparian vegetation SSEA interior forest (generated for 100m or 200m) SWP data for the Severn Sound SPA portion of the Township is being shared as data sharing agreements allow Page 88 of 226 9f) Report No. DS 2010 -047, Andria Leigh... Snow Survey Data Monitoring: benthic macroinvertebrates, stream temperature and baseflow: Severn Sound Headwaters was sampled in 2008 and will be sampled next in 2013 'Willow Creek was sampled in 2009 and will be sampled next in 2014 2008 the Severn Sound Headwaters in Oro Medonte 7 stations monitored .2008 Severn Sound in Oro Medonte 6 stations monitored as part of the Bass Lake watershed report card •2009 Willow Creek in Oro- Medonte had 8 stations monitored 2010 monitoring in Oro- Medonte is anticipated to include approx 10 stations monitored for stream temperature and baseflow as part of efforts directed towards the Oro Moraine report card .In total NVCA has monitoring data at 27 stations historically in Oro- Medonte for stream temperature, 22 stations for benthic macroinvertebrates and 14 stations for baseflow Fish Sampling data In addition, additional data available to all parties currently includes: Leo /OGDE and County of Simcoe data. Data identified in Schedule to be shared between parties subsequent to execution of agreement. New data and data revisions /updates to be shared between parties on a bi- annual basis (April and October) or at time of completion of specific project. Associated costs and timing for the sharing of data Copyright of data for sharing SSEA Stream benthos station data Fish community data from MNR &DFO studies Bass Lake beach quality data (with Health Unit) Bass Lake water and sediment quality data SSEA Stream water quality data (PWQMN) SSEA Groundwater monitoring data (PGMN) For SSEA, sharing of data would begin on signing of MOU with the understanding that Oro Medonte would continue with the SSEA membership. Preparation of some datasets would require separate work by SSEA which would be costed as a special project. The costs of this special (one -time) project are estimated at $6,000 (noted above in Option #2). Thereafter, the annual sharing of data (as datasets are completed) would be part of the annual /semi annual data sharing. Provided that Oro- Medonte is a member of the SSEA, there will be no charge for these data updates. The one -time up -front data preparation for sharing project would begin on signing of the MOU. Initial data sharing would be completed by April 30, 2011. For SSEA, in most cases, the OGDE data- sharing agreements and data sharing agreements with other project partners would apply. SSEA data (i.e. generated by SSEA) will be subject to the SSEA data sharing Agreement signed by both parties as applicable. SSEA cannot disclose third -party information. Page 89 of 226 Function/ Service Planning Regulations and Plan Review Page 1 of 6 Program Description Please refer to correspondence dated Aug 18th 2008, and Jan 22n 2009 for additional detail to the summaries below, including program value estimates, (program value in Severn portion) Including regulations enforcement. Full level of Planning and regulations services including full regulations mapping as mandated via the Conservation Authorities Act and the Planning Act.. Eleven (11) other pieces of related legislation, plus implementing Simcoe County -NVCA planning MOU and DFO fisheries habitat protection agreement. Complete Third party Program review. Develop streamlining agreements all Municipalities. Integrate with Prov. Report on Role and Resp. of CAs in planning and Regn.( CALC report). Processing on average, 14 minor variances, 12 plans of subdivision, 14 Official plan review update and 75 to 100 public enquiries. Three full time professional environmental planning staff and 7 technical support staff. Two full time NVCA regulations officers issuing 30 40 permits, 12 -15 legal inquiries 3 violations( 2009). Hearing held as required, by NVCA board to review regulations matter. NVCA Service value approx. $95,000 ($65,000) NVCA Levy (Severn portion68 Levy $27,604 $1 8,771) 0 z j cU 0 z 0 0 0 0 r 0 CO— Engineering and Technical Services Source Water Protection/ Hydrogeological support Flood and Erosion Hazard Management Page 2 of 6 Provides full engineering and other technical support including GIS /IT to support NVCA Planning, Regulations, monitoring, flood program as required. Includes 2 water Resource Engineers, a Hydrogeologist and 2 GIS /IT specialists. Update Hazard mapping for entire Municipality. Note partner with Ontario Geological survey completing detailed Hydro Geological project on Oro- Moraine in 2010 Program value $75,000 ($50,000) Work cooperatively with SSEA and Lake Simcoe CA to provide technical Water Resources Engineering, GIS, and Hydrogeologist support as required through joint SWP work plans. NVCA provided technical support for development of water budgets for NVCA and Severn portion. Ground water Monitoring programs coordinated with SSEA who monitors Severn portion. NVCA monitoring other portions via MOE Groundwater monitoring program. NVCA participated with Ontario Geological Survey on $350,000 survey on Oro Moraine, to be completed in 2010. NVCA provides approx. $10,000 to $20,000 of technical support staff work, ($7,000 $14,000) Additional $350,000 OGS study Full flood warning and protection service including, flood contingency planning, weather station Horseshoe valley, flood line and erosion mapping completed for entire area for hazard /regulation protection, Detailed flood line study completed for Bass lake. Finalizing flood susceptible property mapping throughout watershed. Normally issue 5 to 6 flood bulletins per year. Value $37,000 ($25,000). $15,636 $10,632) 0 cost to Oro Medonte paid via SWP Province Levy $15,055 ($10,238) 50% or program paid by MNR grant. With additional Provincial federal funding CD 0 z 0 0 0 0 r 0 c0° 1 j r r. 191 r Healthy Waters Includes Stewardship and Fisheries Habitat Excludes Forestry Delivery under MOU review Page 3 of 6 d.. rfi Full range of stewardship services available to residents, coordinated with SSEA to enhance program delivery. Completed detailed fisheries habitat management plan. Develop Bass lake stewardship plan, (Over 500 staff hours). Implement Stewardship projects Demo site for 2010, shoreline shrub /tree planting) Complete stream health and fisheries assessment of all streams to identify priority stewardship project areas, Duck Unlimited (DU) partnership to enhance wetlands 400 education stewardship letters went to Oro Medonte residents with wetlands on property. 12 site visits, 2 projects pending. Total 1500 letters entire NVCA. MOE Early Action Source water protection, 127 projects completed, in our SW Region, NVCA delivered 85 (67 of the projects. In 2009 all 36 properties, within 2yr. TOT, visited by NVCA staff within O -M (Nottawasaga Watershed), several projects pending. Total 667 site visits entire NVCA. (project value $794,000). Need to expand outreach to increase uptake of available stewardship programs in priority areas, especially those not covered by SSEA eg. DU agreement, Trees Ontario Grants, Forester services, etc. 2 full time stewardship staff completing approximately 200 projects per year throughout NVCA on average in O -M Value $50,000- $100,000 ($70,000 .6r 11 r 1 1 1 r T i cyi ili...7sti,,..,,, Y •ifn i4 mis r gt! 1 I r r h it ir e I I 'g d. P! r ti I1 .i9 'i{'7 J! Levy $23,340 ($15,912) Significant dollars available through, Federal Government, MNR, DU, SWP, Trees Ontario, MOE and other contributions to assist with costs. S. t 1 .Gy `'f CD 0 z 0 (1) N) 0 0_ (0' Forestry Services Forest Management Delivery under MOU review Environmental Monitoring/Plan review support Delivery under MOU review Page 4 of 6 Provide full range of forest management plan development, tree planting. Complete shoreline forest/habitat cover survey of all Bass Lake tributaries. Provide technical support for plan review and regulations program to protect forests within Municipalities under development pressure and provide support for Oro Moraine Report Card development. As required by Ontario Forestry Act NVCA has fully qualified professional forestry staff who can prepare forest plans and other forestry services. 15,000 trees planted last 5 years in O -M (0 Severn) 2010 NVCA resources to plant 110,000 tree throughout watershed. Support forest monitoring program see below. Value $10,000- $15,000 ($7,000- $10,000) .;IT) I j ti Y r 1.1.e Vi I ti 4 c .s.,:-...1:• i K t 7 f, 1 w .Rife„.% C. ^a•1 yv rdt..SS72� ,s''111ft1•t`�= 1 Y 1 t Alb r• 1 •'iK'' I Y F" 4t L x tr'I' yL "�C�t p Lp 1 'M IIIe I f i; c fit 'S Full stream, forest and wetland monitoring program in place. Complete watershed report card for all Severn watersheds within Oro Medonte. Complete Bass lake Report Card for Bass Lake, with Rate payers and Municipality in 2009, to support stewardship projects. Professional Ecologist and Fisheries Biologist provide technical support for Planning and Regulations programs. Developing Oro Moraine report card in partnership with LSRCA and OMEGA working group. Complete EIS monitoring for all development proposals as required for Municipality and Simcoe County MOU. Program estimated value $100,000 plus ($70,000) $10,111 $6,875) Significant additional grant dollars available through Trees Ontario, Simcoe County, and other contributions $19,437 $13,217) Partner with Provincial and Federal agencies, local conservancies and other partners as appropriate to access funding. CD 0 0 z 0 (1) 0 c s r cD CO' Land Acquisition/ Management Under MOU review Education Services NVCA currently owns no lands in Severn Portion. NVCA owns Dalston Wetland a provincially significant wetland along Willow Creek (15 acres) in Oro Medonte. Joint Municipal -NVCA Wetland protection sign. NVCA owns approx 11,000 acres of CA lands within close proximity. These lands available for use by all residents for recreational and education purposes. As well as providing a major environmental protection role. Difficult to estimate value. Estimated Ecological Goods and Service annual value $1.2 million $800,000) based on literature, (2008, S Wilson, LSRCA EGS) -v- ft :Z. t �:P'.f:. L ti .a:h.'1 J. Outreach education facility operated at Tiffin CA supporting 6,000 to 8,000 students from throughout the watershed. NVCA prepares numerous articles, fliers and other environmental education materials for all residents In 2009 29979 NVCA education/stewardship (DU/ SWP) mails outs, coordinated with SSEA and LSRCA. Value $11,000 $7,500) $12,512 ($8,508) Additional funds received through donations, land trusts, NCC, Rotary, and other partners. I I 11 ty►� Ty :sk 4 4 ti .1 I .'I ',V±1. �f(n. $2,052 ($1,395) School Board partnership, Rotary and other local groups Page 5 of 6 —h CD `V 0 z 0 0 N 0 0 (0 ui•�3 y am, itR Car. u;.ariiKx Admin/Tiffin Centre Operations and maintenance Total costs Total Benefits /value (best estimate) NVCA Description Please refer to correspondence dated Aug 18 2008, and Jan 22 2009 for additional detail to the summaries below. Admin Centre, Tiffin CA operations including maintaining site for Education, recreation programs and Administration facilities support. .Value $26,000 ($18,000) Estimated Service Value Oro Medonte Severn portion Approx. cost based on assumption of 68% in Severn watershed $22,969 ($15,618) Additional financial support provided via Conservation Ontario, Province and other contributors Levy- cost Oro Medonte $148,775 $7,746 or a 5% reduction from 2009) Severn portion $101,167 $414,000 best estimate (does not include OGS $350,000 or EGS value $800,000) $323,000 best estimate $148,775 (5 less than 2009) $101,167 (Severn portion) NVCA Planning Program- -Staff Expertise, Monitoring and Data Needs Aug. 2010 Area of Interest Natural Heritage Natural Hazards NVCA Planning Role Advisory Section 2.1 PPS, Regulatory CA Act Section 28 (Wetlands and Conservation of Land) including DFO Agreement Public Commenting Bodies Pursuant to the Planning Act Resource Management Agencies CA Act Section 20 and 21 of the CA Act, Delegated `Provincial Interest' in Plan Review- Section 3.1 PPS Regulatory CA Act Section 28 Planning Function Plan Input and Review Regulations Strategic Planning Professional Expertise Required Environmental Planners Provincial Offences Officers Fisheries and Terrestrial Biologists, Ecologists GIS analyst Hydrogeologist Forestry Conservation land Managers Natural Hazard Planners Provincial Offences Officers Engineers GIS analyst Hydrogeologist for Karst areas. Flood Technicians Legal /litigation Applicable Monitoring Functions Watershed Monitoring Watershed Report Card %forests, %wetlands, %riparian buffer protected lands. Natural Heritage -Plan Input and Review and System Development Understanding groundwater connections Flood Forecasting and Warning System Lives lost and damage Unauthorized Land Development Full inventory of Hazard areas(flooding and erosion) Comprehensive Stream gauge (flow) and weather Data Needs MNR and NVCA Regulation wetland mapping Municipal zoning and designation Flooding and erosion Regulation Mapping. Woodlands, interior forest habitat, wetland, riparian habitat ,fisheries habitat, significant wildlife habitat, species of concern, endangered species Hydrogeological connections Natural heritage protection Plan Fisheries Habitat Plan Conservation Land status (significant woodlot...) Watershed /Subwatershed and Official Plan natural heritage studies Regulation Mapping hazard layers Land use layers Flood model Flood susceptible communities /residents Municipal Zoning and Design. HEC RAS data for estimated floodplain modeling Integrated Ground water data/model connecting with surface waters CD 0 0 z 0 (0 CD 0 0 z 0 stations Development standards effectiveness. Detailed flood mapping for flood centre's FDRP or similar type Floodplain Mapping) Real time Stream flow gauges and weather stations Water Advisory Section 22 PPS Environmental Watershed Monitoring Stream health Monitoring: Quality and Regulatory CA Act Section 28 Planners Provincial Offences Watershed Report Card benthic macro invertebrates, stream temperature and Quantity Officers Stream Health/ baseflow, fish habitat, water Public Commenting Bodies- Engineers Water quality chemistry. Pursuant to the Planning Act Hydrogeologists groundwater Assimilative Capacity Biologists /Ecologist Models. Resource Management Agencies- Monitoring biologists Special Projects Quality /quantity targets. CA Act Section 20 and 21 of the GIS analyst Land use layers. CA Act Monitoring Groundwater monitoring. Targets /monitored. Technologists Monitor effectiveness of dev. Standards. Watershed /Subwatershed studies addressing impact of stormwater runoff (e.g. CVC's Flow Management Study). (0 CD 0 0 z 0 Report No. CAO 2010 -09 To: Council Prepared By: Samah Othman Meeting Date: September 8, 2010 Subject: External Use of Corporate Crest, Logo and Wordmark Motion Roll R.M.S. File 9g) Report No. CAO 2010 -09, Robin Dunn, REPORT RECOMMENDATION(S): Requires Action For Information Only It is recommended that: Township of Proud Heritage, Exciting Future 1. THAT Report No. CAO 2010 -09 be received and adopted; 2. AND THAT the External Use of the Corporate Crest, Logo and Wordmark Policy be adopted. 1 BACKGROUND: 1 At the time of amalgamation, a contest was held to establish a new Corporate Crest that was enacted by Council in 1994. The crest is comprised of elements of the former Oro and Medonte municipalities with symbols representing the new municipality. Since amalgamation in 1994, the Corporate Crest has been used as the main identifier for the Township of Oro Medonte. in December of 2007, Council received and adopted Report CAO 2007 -03 with a focus on customer service. As part of the customer service enhancements, Council authorized the development of a new corporate visual identity that would encapsulate the following: v' Quality of Life Environment and Unique Natural Features Ni Customer Service v' Tourism The Township of Oro Medonte being one Municipality v' Proud Heritage and Exciting Future On September 24, 2009, Council received and adopted Report RC 2008 -19 that presented a new Corporate Logo and Wordmark as part the Township's visual identity designed to communicate and reinforce a positive message about the Township of Oro Medonte. Corporate Communications September 8, 2010 Report No. CAO 2010 -09 Page 1 of 3 Page 98 of 226 9g) Report No. CAO 2010 -09, Robin Dunn, 1 ANALYSIS: As the most important visual elements for identification, the Corporate Crest, Logo and Wordmark function to build awareness of the Township as a professional corporation; to act as a unifying visual device relating all departments and services to the corporation; and to clearly identify programs, services and facilities that the Township provides to the residents of Oro Medonte. In order to fulfill these functions, the crest, logo and wordmark must be used consistently at all times. A draft policy was established to regulate and provide an overall framework by which to guide the use of the corporate crest, logo and wordmark to communicate and reinforce a positive message about the Township in a consistent manner is prepared for Council consideration. 1 FINANCIAL: 1 N/A 1 POLICIES /LEGISLATION: N/A 1 CONSULTATIONS: Senior Management Team ATTACHMENTS: External Use of Corporate Crest, Logo and Wordmark Policy, POL- ADM -19 Township of Oro Medonte Corporate Crest/Logo Request Form 1 LINKAGE TO COUNCIL MANDATE AND CUSTOMER SERVICE: 1 The recommendations included in this Staff Report support Council's Mandate and the Township's Customer Service Visions and Values. Council's Mandate To provide service excellence while building a sustainable, fiscally sound and healthy community that preserves Oro Medonte's rural character and enriches quality of life. Service Excellence To provide a welcoming, courteous and professional culture of service excellence on the part of Council and Township Staff. Corporate Communications Report No. CAO 2010 -09 September 8, 2010 Page2of3 Page 99 of 226 9g) Report No. CAO 2010 -09, Robin Dunn, 1 CONCLUSION: 1 The policy will ensure that the external use of the Corporate Crest, Logo and Wordmark is used consistently while building awareness of the Township as a professional corporation. It is recommended that the Township of Oro Medonte Council adopt the policy regarding the external use of the Corporate Crest, Logo and Wordmark. Further, as part of the 2011 Corporate Communications Plan framework, staff will report back to Council on the success of the plan implementation by the end of third quarter 2011. Respectfully submitted: 1. Corporate Communications Specialist SMT Approval 1 Comments: C.A.O. Approval 1 Comments: Corporate Communications September 8, 2010 Report No. CAO 2010 -09 Page 3 of 3 Page 100 of 226 Department/Section Administration Corporate Communications Policy POL-ADM-1 9 Subject External Use of Corporate Crest, Logo and Wordmark Enacted by Council: Motion 9g) Report No. CAO 2010 -09, Robin Dunn, PURPOSE DEFINITIONS Logo /Crest CAO's Office Trademark 9 Proud Heritage, Exciting Future Township /Corporate Refers to the Township of Oro- Medonte Policy The purpose of this policy is to regulate and provide an overall framework by which to guide the external use of the Corporate Crest, Logo and Wordmark. SCOPE The Corporate Crest and Logo, with the Wordmark, are unique visual identities designed to communicate and reinforce a positive message about the Township of Oro Medonte. As the most important visual elements for identification, they function to build awareness of the Township as a professional corporation; to act as a unifying visual device relating all departments and services to the corporation; and to clearly identify programs, services and facilities that the Township provides to the residents of Oro- Medonte. In order to fulfill these functions, the crest and logo must be used consistently at all times. Refers to the visual identities identifying the slogan "Proud Heritage, Exciting Future" outlined below. Refers to the Corporate Communications Division and/or Corporate Communications Specialist and /or Administrative Assistant. An indicator used to identify that the services to consumers with which the trademark appears originate from a unique source, and to distinguish its services from those of other entities. Note: this is not a registered trademark. Page 1 of 3 Page 101 of 226 9g) Report No. CAC) 2010 -09, Robin Dunn, POLICY The Corporate Crest and Logo are trademarks of the Township of Oro Medonte. In order to protect the integrity of the Township and maintain its identity as a "Proud Heritage, Exciting Future" community; organizations, businesses, or individuals wishing to use the crest and/or logo must receive written approval through the CAO's office by completing a "Township of Oro Medonte Corporate Crest/Logo Request Form" for approval. Only when approval has been granted may the crest and /or logo be used. For programs or initiatives that the Township undertakes with another level of government, agency or private organization, either directly or as part of a grant or sponsorship program or intergovernmental initiative, approval by the CAO's office must be obtained. Corporate Crest Representation of Township's historical message of "Proud Heritage, Exciting Future." The crest represents the Township of Oro Medonte's binding authority and is used for official documents. Application of the Corporate Crest is to be used for purposes as approved by the CAO's office. Corporate Logo Proud Heritage. Exciting Future The icon and wordmark are two elements to the Corporate Logo. The Corporate Logo should be used in full whenever possible. The wordmark may be used as a standalone portion, exclusive of the icon where space does not allow the full logo. Application of the Corporate Logo and Wordmark is to be used for marketing, advertising and promotional purposes as approved by the CAO's office. Icon 1 -1—‘ airct5ifedante Proud Heritage, Exciting Future The Hills, Oro Moraine, Lakes, Recreation and Environment are symbolic of the Township's natural resources and unique characteristics. The rising sun represents a rising of opportunity throughout the community. The coniferous trees are symbolic of the various trees seen throughout the Township. The colour scheme and flow of logo and word mark symbolizes progression and unity. Wordmark Township of Proud Heritage, Exciting Future Page 2 of 3 Page 102 of 226 9g) Report No. CAC) 2010 -09, Robin Dunn, PROCEDURE 1. A Township of Oro Medonte Corporate Crest/Logo Request Form must be completed for all external requests. 2. AD requests must be submitted to the CAO's office for approval prior to release of the Corporate Crest, Logo and /or Wordmark. 3. It may take up to 10 business days from the day the request is received to obtain approval. If the request is of time sensitive nature, please indicate the deadline on the request form. 4. It is the responsibility of the person making the request to ensure the form is completed correctly and submitted as outlined on the Township of Oro Medonte Corporate Crest/Logo Request Form. 5. The Township of Oro Medonte Corporate Crest/Logo Request Form will be made available on the Township of Oro Medonte website. RESPONSIBILITIES The CAO's office has overall responsibility to manage and monitor compliance to this policy through a variety of methods such as reports from various functions within the corporation through ongoing liaison with departments and the Senior Management Team. Corporate Management The CAO's office manages the use of the Corporate Crest, Logo and Wordmark and ensures that they are used within the framework of this policy and in accordance with the standards outlined in the Corporate Communications Plan. All departments must obtain approval by the CAO's office for use of the Corporate Crest, Logo and/or Wordmark on all documents and materials for external purposes. Page 3 of 3 Page 103 of 226 9g) Report No. CAO 201 0 -09, Robin Dunn, Township of Oro Medonte Corporate Crest/Logo Request Form To request the Township of Oro Medonte's Corporate Crest, Logo or Wordmark, please complete the form below and return to the attention of Samah Othman via email at sothman oro- medonte.ca or by fax to (705) 487 -0133. Contact Name: Name of organization: Position in organization: Phone: Email: Date of Request: Intent/Purpose (include the message of the advertisement, if applicable): How long will the logo or crest be used for? Please select the logo or crest required: Corporate Crest r -4 Co Logo T Corporate Lo 9 �rg�,r�ff Proud Netitive, E xi ing Fuu.v Please select the format required (tick all that apply) r r JPEG EPS GIF Not sure Please note: It may take up to 10 business days from the day this form is submitted for approval. If your request is urgent and you require the logo or crest earlier please indicate date below. POL- ADM -19 Page 104 of 226 9h) Robin Dunn, Chief Administrative Off... MEMORANDUM To: cc: From: Date: Subject: Mayor Hughes and Members of Council Senior Management Team Robin Dunn, C.E.T., PAdm., M.A. R.M. File Chief Administrative Officer September 8, 2010 Roll Memorandum of Understanding Georgian Valley Project (Tay, Oro Medonte Skyline International) Update Township of Proud Heritage, Exciting Future The memorandum of understating for the Georgian Valley Project expired on March 31, 2010. The end of the agreement period, as well as turnover at Skyline International has triggered the end of the regular working meetings and studies that were undertaken when the Project Committee was active. Additional work was completed following the last Advisory Committee meeting of April 8, 2010. Meetings took place at Horseshoe Valley Resort and in Port McNicoll with Federal Minister of Transport, Infrastructure and Communities, The Honourable John Baird and in Toronto with Mr. Greg Sorbara in May 2010. Meetings at the staff level with Skyline staff have taken place with respect to various development and land use issues, and to date no applications for the next phase have been received. Should applications for the next phase be received, the required studies would be reinitiated. The MOU did accomplish a number of things that in the future will be of value: Rh) Recognition of Georgian Valley concept at the Federal, Provincial, County and municipal levels Identification of work that will need to be done in the future to coordinate tourism and economic development activities not just in Oro- Medonte, but in Simcoe County. With respect to next steps and Federal /Provincial funding, the developer (Skyline), in consultation with the municipalities, needs to analyze the economic impact, in specific detail, of the project to the area. This economic impact analysis will be the foundation to support the appropriate "ask" to the higher levels of government for funding. Respectfully, Robi Dunn, C.E.T., PAdm, M.A. Chief Administrative Officer Page 105 of 226 10a) Councillor Agnew, correspondence da... Township of Oro Medonte Original Message From: Sarah Webster Sent: Saturday, August 28, 2010 11:03 AM To: hughes.harry @oro- medonte.ca; Agnew, Sandy Subject: traffic lights Good Morning I am writing with a query regarding the Township asking for a set of lights at Dalston and county road 93. You may be aware that over the past several weeks, there have been several accidents at this intersection, not to mention the ones that have happened previously. Also, with the increased cottage traffic on the weekends, especially on Sunday afternoon and evenings, it is almost impossible to get through this intersection. I know this is probably not the township's jurisdiction, but I don't know who else would have the power to have something happen. It seems to me that it would be a solution before someone has their life taken. Thank you Sarah Webster Pa0e 106 of 226 10b) Mayor H.S. Hughes, correspondence d... August 13, 2010 Township of Oro Medonte 148 Line 7 South Oro, ON LoL 2X0 Attention: Mayor Hughes Dear Sir: Mount St. Louis Road between Scarlett and the 3rd Line is in a very poor state of repair. l spoke with Dan in Public Works and he agrees. He advises staff has been attempting to get approval for these repairs for sometime but turned down repeatedly by Council due to the high cost of the work that needs to be done. I would appreciate knowing your thoughts in this respect. Thanking you in advance for your consideration in this matter, Yours truly, R.G. (Ro`.} Nicholson 4900 Line 4 North Hillsdale, Ontario LOL1VO rr tvi.5'R CA AO 1 6 2010 SR MEDON T fir N SHIP Page 107 of 226 10c) Mayor H.S. Hughes re: Statistical ACCOMPLISHMENTS Below is a list of some key initiatives taken on by your Council from 2006-2010. The check marks show the balanced approach used to achieve sustainability to support Council's Mandate. Increased Offering and Cost Recovering Improvements in Recreation Pro rams um. FINANCIAL iTEWARDSHIP IVAIIMM IVA= WTI UMW 111 yr 'F IV INITIATIVES TAKEN Reducing Use of Outside Planning Consultants Evaluate Engineering Legal Costs Services Relocatation of Fire Department Personnel to Horseshoe Valley Fire Station Restructuring Staff Roads/Recreation and Community Services For Better Efficiency Results Hiring of CAO and Creating/Upgrading Job Descriptions for Staff Throughout System Designation of Full Time Municipal Law Enforcement Officer Restructuring of Animal Control/ Enforcement improved Enforcement, Cleanup and Recycling of illegally Dumped Materials Visibility and Proactive Consultation by Members of Council Improvements in Proactive Communications Through Various Media Outlets Improving Accountability Creating Environmental Advisory Groups (OMEGA) Addressing Resident Concerns Relating to NVCA (Bass Lake) Funding and Participation in Environmental Initiatives LSRCA, NVCA, SSEA,Church Woods, Maple Trees Forever Lake Simcoe Regional Airport Upgrades Provincial Recognition of Aero Parts as Employment Advancement of Edgar Site Plans for Development on Guthrie Lands Airboat/Ladder Truck Replacement and Mutual Aid Agreement Provincial Funding for Nurse Practitioner Led Clinic Provincial Grants for Energy Upgrades for Township Buildings and Community Halls Community Sports Group Grants and Support Co- operative Drainage Agreement Easements and Implementation Adapting Principle of Zero Waste Clean and Clear By -law Finalized and Implemented improved Waste Diversion and Recycling 39 38 V 43 47 Page 108 of 226 10c) Mayor H.S. Hughes re: Statistical ACCOMPLISHMENTS Below is a fist of some key initiatives taken on by your Council from 2006-2010. The check marks show the balanced approach used to achieve sus #ainability to support Council's Mandate. INITIATIVES TAKEN 'Strategic Road Improvement Program Reduction of Virgin Oil in Dust Control Program More Sand Less Salt Cutting Roadsides Twice Yearly Contracting Roadside Brushing/Eliminating Use of Grader Fire Shuttle Accreditation/Lower Insurance Costs Metering Municipal Water Systems 100% Compliance of Water Systems Strategic Facility Plan Development and Initiation of Master Plan Capital Improvements to Community Halls 1 Large Number of Community Park Upgrades Bayview Memorial Park Creek Naturalization with Community Partnership GreenGyin 4th Line Park Sweetwater Park Construction Ravines of Medonte with Community Shelswell Park Multipurpose Pad with Community Partnership 9 Line Boat Ramp Non Resident Fee for Parking at Bayview Memorial Park and More Supervision/Enforcement Ice in the Arena is in 2 Weeks Earlier High Speed Internet Advancement Throughout Township Customer Service Review and Procedural Changes 'All Staff and Member of Council Customer Service Training Implementing Staff Recognition Plan Reconfiguration of Administration Building Front Lobby to Improve Customer Service and Accessibil' Health and Safety Upgrades /Audit 7 1 rAN uni worm" !mum mirm mow rAirm wirAN Immo rain wirmi wim ?Am rAmorAN rA.Fa. worm r Page 109 of 226 Hu hes Coutanche 2 Allison 4 Agnew 17 Crawford 4 Evans 3 7 9 8 23 6 6 2 2 19 4 3 4 17 1 c• gi al) 2 19 4 15 4 15 17 4 17 2 19 1 4 3 3 2 19 1 4 15 10c) Mayor H.S. Hughes re: Statistical [Type text] Approximately 8000 Votes have been held with only 42 recorded Only 27 of recorded votes were on issues where members voted differently TOTAL Hughes Hough Coutanche Allison Agnew Crawford Evans 4-3 Results UNANIMOUS Councillors Differed 27 This is Tess than 0.35% of the time 42 Skewed by one factor (Absents or NVCA) Results Show Council Functions Well An analysis of the more than 8000 votes cast over the term of council reveals statistics that could only be achieved by strong working relationships. Recorded votes are requested when members of council feel strongly about an issue and wish to convey that message to staff and the electorate. The number of recorded votes that indicate how each member of council voted is a remarkably low 42. Fifteen, or 35 of the recorded votes were unanimous. The remaining 27 recorded votes provide a strong indication that councillors voted independently according to their personal beliefs. The data shows that despite council being made up of individuals with wide backgrounds and perspectives, consensus was reached more than 99% of the time. Such voting statistics are an indication of high quality staff reports, strong communications and unlimited debate, enabling councillors to obtain the information needed for an informed vote. While discussion takes place during closed session (in camera) for those items in accordance with Section 239 of the Municipal Act, it is required that voting can only take place in public session. Items referred by the clerk for in camera are monitored by each councilor and can be reviewed by a closed meeting investigator Page 110 of 226 Hughes Hough Coutanche Allison Agnew Crawford Evans 1 Absent 2 X X x x 3 4 5 6 x x x Absent X x 7 X 8 X X X X 10 11 X 12 X 13 X X X 14 NVCA 15 X X X Absent NVCA 16 X 17 18 19 NVCA 20 21 22 NVCA X 23 24 25 26 27 28 29 30 X X X X Absent Absent Absent X X X 32 X Absent X X NVCA 33 34 Absent X 36 37 38 39 40 Absent 41 Absent NVCA X 10c) Mayor H.S. Hughes re: Statistical RECORDED VOTES DURING THIS TERM OF COUNCIL Absent Nay vote Also Declared Page 111 of 226 10c) Mayor H.S. Hughes re: Statistical t•. •2 Motion No. C080625-36 Moved by Coutanche, Seconded by Allison Be it resolved that Whereas the Planning Advisory Committee at its meeting of June 23, 2008 considered the following recommendation, "1. Report No. DS 2008-42, Nick McDonald, Meridian Planning Consultants Ltd., re: Craighurst Secondary Plan be received and adopted. 2. That it is recommended to Council to support, in principle, future development in Craighurst on the basis of full municipal services. 3. That Meridian Planning Consultants Ltd. be authorized to prepare three Concept Plans for the Craighurst Settlement Area based on the premise that development elopment will be serviced by municipal sewer and water services in accordance with Provincial Policy. 4. That the presentation of the three Concept Plans and the holding of two open houses, to be held in the Craighurst community, to present and obtain comments on the Concept Plans in the Fall of 2008 be authorized. 5. And Further That a draft Secondary Plan for Craighurst be presented to Planning Committee before a decision is made to hold a formal public meeting g under the provisions of the Planning Act." And Whereas the recommendation was defeated by the Planning Advisory Committee as documented by Motion No. PAC080623 -4; Now Therefore, Council endorses the Planning Advisory Committee recommendation to defeat the aforementioned recommendation. Recorded Vote Requested by Councillor Evans Councillor Evans Nay Deputy Mayor Hough Nay Councillor Agnew Yea Councillor Allison Nay Councillor Coutanche Nay Councillor Crawford Nay Mayor H.S. Hughes Nay Defeated. Page 16 Council Meeting Minutes— June 25, 20Q8 Page 112 of 226 10c) Mayor H.S. Hughes re: Statistical Motion No 0080312 -8 Moved by Evans, Seconded by Crawford Be it resolved that the deferral Motion No. SC080305 -6 which reads, "Be it resolved that the Township of Oro Medonte's 2008 Operating, Capital and Reserves budgets, with the exception of Waste Management, are hereby adopted" be amended to strike, with the exception of Waste Management Motion No. C080312-9 Moved by Coutanche, Seconded by Allison Be it resolved that the Township of Oro Medonte's 2008 Operating, Capital and Reserves budgets are hereby adopted. Recorded Vote Requested by Deputy Mayor Hough Deputy Mayor Hough Nay Councillor Agnew Yea Councillor Allison Yea Councillor Coutanche Yea Councillor Crawford Yea Councillor Evans Yea Mayor H.S. Hughes Yea Motion No. 0080312 20 Moved by Evans, Seconded by Crawford Carried. Carried. Be it resolved that 1. The correspondence dated March 3, 2008 from Wayne Wilson, CAC) /Secretary- Treasurer, Nottawasaga Valley Conservation Authority, re: NVCA Services and Budget An Investment in our Future be received. 2. And Further That Council directs the Township of Oro Medonte NVCA representatives to advise that the Bass Lake Water Quality Survey be undertaken in 2008 by NVCA as an Oro Medonte priority. Recorded Vote Requested by Councillor Allison Councillor Allison Yea Councillor Coutanche Yea Councillor Crawford Yea Councillor Evans Yea Deputy Mayor Hough Yea Councillor Agnew Yea Mayor H.S. Hughes Yea Carried. Page 113 of 226 16c) Mayor H.S. Hughes re: Statistical Motion No. CO71114 -28 Moved by Allison, Seconded by Coutanche Be it resolved that a By -Law to Adopt Amendment No. 24 to the Official Plan be introduced and read a first and second time and numbered By -Law No. 2007 -126. That By -Law No. 2007 --126 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Recorded Vote Requested by Councillor Evans Councillor Evans Yea Deputy Mayor Hough Yea Councillor Agnew Nay Councillor Allison Yea Councillor Coutanche Yea Councillor Crawford Yea Mayor H.S. Hughes Yea 1) By -Law No. 2007 -127 Motion No. C071114-29 Recorded Vote Requested by Councillor Evans Councillor Evans Yea Deputy Mayor Hough Yea Councillor Agnew Nay Councillor Allison Ye Councillor Coutanche Yea Councillor Crawford Yea Mayor H.S. Hughes Yea v t•■••t1 1 7'.41 1. Carried. Carried. A By -Law to amend the zoning provisions which apply to lands within Concession 9, Part of Lot 26 (Oro), Township of Oro Medonte, South Side of Springhome Road (CRA Development 2004- ZBA -04). Moved by Crawford, Seconded by Evans Be it resolved that a By -Law to amend the zoning provisions which apply to lands within Concession 9, Part of Lot 26 (Oro), Township of Oro- Medonte, South Side of Springhome Road (CRA Development 2004- ZBA -04) be introduced and read a first and second time and numbered By -Law No. 2007 -127. Carried. That By -Law No. 2007 -127 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried, Page 16 Council Meeting Minutes— November 14, 2007 Page 114 of 226 Motion No. C080227 -25 Moved by Agnew, Seconded by Evans Be it resolved that the confidential correspondence dated February 27, 2008 and verbal information presented by Bruce Hoppe, Director of Building and Planning Services, re: Legal Matter (OPA 16, Nad -Core) be received and that the Township Solicitor be authorized to proceed with a settlement as outlined in the confidential correspondence dated February 27, 2008. Recorded Vote Requested by Councillor Crawford Councillor Crawford Nay Councillor Evans Yea Deputy Mayor Hough Nay Councillor Agnew Yea Councillor Allison Yea Councillor Coutanche Yea Mayor H .S. Hughes Nay otion No. CW091216 -07 Moved by Crawford, Seconded by Coutanche It is recommended 1. That the Township of Oro Medonte request that the independent review of NVCA Planning Program be expanded to include a comprehensive review of all NVCA programs, overall NVCA governance, and a compliance audit. 2. That this review be included in the proposed NVCA 2010 budget, as distributed for consideration in December 2009. 3. And That this resolution be forwarded to all NVCA member municipalities for their consideration and support. Corms ittee of the Whole Minutes December 16, 2009. A recorded vote was requested by Councillor Agnew. Nay Councillor Agnew Yea Councillor Allison Yea Councillor Coutanche Yea Councillor Crawford Yea Councillor Evans Yea Deputy Mayor Hough Yea Mayor Hughes 10c) Mayor H.S. Hughes re: Statistical Carried. Carried. Carried. Page 115 of 226 10c) Mayor H.S. Hughes re: Statistical Motion No. CW091216 -15 Moved by Crawford, Seconded by Evans It is recommended that the motion with respect to the re- vegetation of ditch Barrie Terrace be deferred until communications have been corrected. on Carried. A recorded vote was requested by Councillor Agnew. Nay Councillor Agnew Nay Councillor Allison Nay Councillor Coutanche Yea Councillor Crawford Yea Councillor Evans Yea Deputy Mayor Hough Yea Mayor Hughes Committee of the Whole Minutes December 16, 2009. Motion No. CW091210 -17 Moved by Agnew, Seconded by Allison It is recommended that the Application for a Grant/Subsidy from Bruce Keeling, Director and Committee Chair, Huronia Woodland Owners Association, in the amount of $4250.00 be approved, as an Environmental Initiative. A recorded vote was requested by Councillor Agnew. Yea Councillor Agnew Year Councillor Allison Yea Councillor Coutanche Absent Councillor Crawford Yea Councillor Evans Nay Deputy Mayor Hough Yea Mayor Hughes Carried. Page 116 of 226 10c) Mayor H.S. Hughes re: Statistical Council Meeting Minutes December 9,2009. Motion No. C091209-11 Moved by Coutanche, Seconded by Crawford Be it resolved that Whereas the Nottawasaga Valley Conservation Authority (NVCA) communications and meeting minutes up to and including October 9, 2009, state "Oro Medonte Request to Reduce CA Jurisdiction And Whereas public agencies, such as municipalities and conservation authorities, strive to ensure transparency and avoid the use of potentially misleading statements Now Therefore the Township of Oro-Medonte formally requests the NVCA avoid abbreviating the Mediation Resolution of April 8, 2009, and ensures that all public documentation and meeting minutes dearly reflects the Mediation Resolution statement which reads: Nottawasaga Valley Conservation Authority representatives hereby request that The Corporation of the Township of Oro Medonte put a resolution before the Board of the Nottawasaga Valley Conservation Authority to alter the "Oro Medonte" boundaries back to their "original watershed basis And That all NVCA municipalities be requested to support Oro Medonte's request for clear and accurate identification of the Mediation Resolution between NVCA and Oro- Medonte, in all public documentation and meeting minutes of the NVCA. Carried. Recorded Vote Requested by Coun Crawford Yea Councillor Crawford Yea Councillor Evans Yea Deputy Mayor Hough Nay Councillor Agnew Yea Councillor Allison Yea Mayor Hughes Page 6of14 Page 117 of 226 10c) Mayor H.S. Hughes re: Statistical Motion No 0091125 -13 Moved by Crawford, Seconded by Evans Be it resolved that 1. That Councillor Allison be appointed to the Lake Simcoe Region Conservation Authority for the remainder of the Council term. 2. And that the Clerk bring forward the appropriate by-law for Council's consideration. Recorded Vote Requested by Councillor Agnew Nay Councillor Agnew Yea Councillor Allison Yea Councillor Coutanche Yea Councillor Crawford Yea Councillor Evans Yea Deputy Mayor Hough Yes Mayor H.S. Hughes Motion No. CW091118 -04 (Amendment) Moved by Crawford, Seconded by Evans It is recommended that the motion with respect to the correspondence dated November 4, 2009 from Terry Horner, CAO /Clerk, Township of Mulmur, re: Role and Responsibilities of Conservation Authorities be amended to add: That the Township of Oro Medonte supports the section of the Township of Essa's Resolution No. C222 -•2009 which reads: "That the Council of the Township of Essa has identified the need for an independent review of the NVCA regarding how they collect and charge for permit fees, levy fees and the duplication of planning for residents, businesses and municipalities in the NVCA catchment area" And that the Townships of Mulmur and Essa, and the NVCA be advised of Council's decision. A recorded vote was requested by Councillor Agnew. Nay Councillor Agnew Yea Councillor Allison Yea Councillor Coutanche Yea Councillor Crawford Yea Councillor Evans Yea Deputy Mayor Hough Yea Mayor Hughes Carried. Carried. Page 118 of 226 10c) Mayor H.S. Hughes re: Statistical Motion No CW091118 -05 Moved by Crawford, Seconded by Evans It is recommended that the correspondence dated November 4, 2009 from Terry Horner, CAO /Clerk, Township of Mulmur, re: Role and Responsibilities of Conservation Authorities be received. That the Township of Oro Medonte supports the section of the Township of Essa's Resolution No. C222 -2009 which reads: "That the Council of the Township of Essa has identified the need for an independent review of the NVCA regarding how they collect and charge for permit fees, levy fees and the duplication of planning for residents, businesses and municipalities in the NVCA catchment area" And that the Townships of Mulmur and Essa, and the NVCA be advised of Council's decision. A recorded vote was requested by Councillor Agnew. Nay Councillor Agnew Yea Councillor Allison Yea Councillor Coutanche Yea Councillor Crawford Yea Councillor Evans Yea Deputy Mayor Hough Yea Mayor Hughes Carried as Amended. Council Meeting Minutes November 12, 2009. b) By -Law No. 2009 -147 A By -law to Repeal By -Law No. 2009 -084, "A By -Law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro- Medonte and Montgomery William Childs, Tracey Elizabeth Childs described as lands as follows: West Half of lot 2, Concession 8, Oro, Except Part 1, 51R- 31876, Oro- Medonte Being all of PIN 58532 -0015 (LT) 3193 Line 7 North Roll 4346-010 003-35400 Township of Oro- Medonte, County of Simcoe [third reading only, deferred from October 28, 2009 meeting). Motion No. C091112-22 Moved by Evans, Seconded by Agnew Be it resolved that a By -Law No. 2009 -147 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Recorded Vote Re uested De uty Mayor Hough Yea Deputy Mayor Hough Yea Councillor Agnew Yea Councillor Allison Yea Councillor Coutanche Yea Councillor Crawford Yea Cot tnniHlnr Fvans Carried. Page 119 of 226 10c) Mayor H.S. Hughes re: Statistical Motion No. CO90923 -34 Moved by Crawford, Seconded by Evans Be it resolved that a By -law to Repeal By -law No. 2007-004, Planning Advisory Committee And To Amend 07 444, A By -law to Appoint a nd By -law No. 2007 -021, A By-law to Appoint Representatives to Various Committees Organizations and Technical Support Groups be introduced and read a first and No. 2009 -124. d second time and numbered By- Carried. That By -Law No. 2009 -124 be read a third time and finally by the Clerk, signed and sealed by the Mayor, passed, be engrossed Recorded Vote a uested y Councillor Agnew: Nay Councillor Agnew 9 Yea Councillor Allison Yea Councillor Coutanche Yea Councillor Crawford Yea Councillor Evans Yea Deputy Mayor Hough Yea Mayor H.S. Hughes Carried. Council Meeting Minutes September 9, 2009. Motion No. C090909-25 Moved by Coutanche, Seconded by Allison Be it resolved that Planning Advisory Committee, in its current form, be dissolved; the Clerk bring forward the appropriate d That development application pp ro p by-law; P pp ion review be conducted by Council; That staff bring forward a report regarding the formation of working provide public consultation on corporate initiatives, °rk�ng groups to the Official Plan Review; p rues, including such items as That the current public members of Planning Advisory Co the opportunity to contribute as members of t ry mmtttee be afforded And That the members of Planning Advisor he future working groups; Advisory Committee be advised of Council's decision. Recorded Vote Requested by Councillor Agnew: Nay Councillor Agnew Yea Councillor Allison Yea Councillor Coutanche Yea Councillor Crawford Yea Councillor Evans Yea Deputy Mayor Hough Yea Mayor H.S. Huahes Carried. Page 120 of 226 10c) Mayor H.S. Hughes re: Statistical Motion No. SC090821 -2 Moved by Evans, Seconded by Crawford Be it resolved that 1. Report No. DS 2009 -56, Andria Leigh, Director of Development Services, re: Township Official Plan and Zoning By -law Amendments (Try Recycling), Concession 8, Part of Lot 11 (Oro), 2009- OPA --01 and 2009- ZBA -07 .be received and adopted. 2. That Council support the adoption of the appropriate Official Plan and Zoning By -law amendments to permit the proposed recycling establishment on a portion of the subject property. 3. That the appropriate by -laws for Official Plan Amendment and Zoning By -law Amendment be brought forward for Council consideration. 4. And Further That the applicant be advised accordingly of Council's decision. Recorded Vote Requested by Deputy Mayor Hough Yea Deputy Mayor Hough Yea Councillor Agnew Yea Councillor Allison Yea Councillor Coutanche Yea Councillor Crawford Yea Councillor Evans Yea Mayor H.S. Hughes Carried. Motion No. C090629-13 Moved by Coutanche, Seconded by Allison Be it resolved that 1. Report No. RC 2009_11, Shawn Binns, Director of Recreation and Community Services re: Draft Strategic Facility Plan be received. 2. That the recommendations outlined in the Draft Strategic Facility Plan be approved, in principle. 3. And Further That staff report back in the third quarter with a final draft of the Strategic Facility Plan for Council's consideration, Carried, Recorded Vote Requester! by Deputy Mayor Hough Nay Deputy Mayor Hough Yea Councillor Agnew Yea Councillor Allison Yea Councillor Coutanche Yea Councillor Crawford Yea Councillor Evans Yea Mayor Hughes Page 121 of 226 10c) Mayor H.S. Hughes re: Statistical Council Meeting Minutes June 29, 2009. Motion No. CO90629 -23 Moved by Crawford, Seconded by Coutanche Be it resolved that Council confirms that Planning Advisory Committee did not adhere to its mandate as outlined in By -law No. 2007 -004, Being a By -law to Appoint a Planning Advisory Committee, in making recommendations to Council with respect to planning matters, at its meeting of May 25, 2009. That Planning Advisory Committee be advised that any non adherence to the mandate as established by Council may result in Council exercising its authority to amend the appointments of public members. And that the Chair of Planning Advisory Committee advise all members accordingly and require re-affirmation, in writing, of the public members commitment to adhere to the mandate established by Council. Recorded Vote Requested byCouncillor Crawford Yea Councillor Crawford Yea Councillor Evans Yea Deputy Mayor Hough Yea Councillor Agnew Yea Councillor Allison Yea Councillor Coutanche Yea Mayor Hughes Official Plan. Carried. vv It 1 Motion No. CO90527 -42 Moved by Allison, Seconded by Coutanche Be it resolved that a By -law to Adopt Amendment No. 27 to the Official Plan be introduced and read a first and second time and numbered By-Law No. 2009 -073. y Carried. That By -Law No. 2009 -073 be read a third time and finally passed as amended, to include revisions as outlined in the memorandum r correspondence dated May 27, 2009 from Andria Leigh, Director of Development Services, re: OPA No. 27 (Craighurst Secondary Plan), signed and sealed b engrossed by the Clerk, si g by the Mayor. Recorded Vote Requested by Councillor Crawford Yea Councillor Crawford Yea Councillor Evans Yea Deputy Mayor Hough Yea Councillor Agnew Yea Councillor Allison Yea Councillor Coutanche Yea Mayor Hughes Carried. Page 122 of 226 10c) Mayor H.S. Hughes re: Statistical Motion No. CW090506 10 Moved by Coutanche, Seconded by Allison It is recommended that 1. The correspondence dated May 4, 2009 from Kelly Meyer, Chair, Carley Community Hall, re: Carley Community Hall be received. 2. That the Township obtain quotes to undertake the necessary works to rectify the identified Fire Code deficiencies. 3. That staff report back to Council. 4. And Further That the applicant be advised of Council's decision. Recorded Vote Requested by Councillor Agnew Yea Councillor Agnew Nay Councillor Allison Yea Councillor Coutanche Nay Councillor Crawford Yea Councillor Evans Yea Deputy Mayor Hough Yea Mayor H.S. Hughes Carried. Motion No. CW090506 -11 Moved by Crawford, Seconded by Evans It is recommended that the motion with respect to the correspondence dated 4, 2009 from Kelly Meyer, Chair, Carley Community ed Community Hall be reconsidered to y ni$Y Hall, re: Carley allow Councillor Crawford to reassess his vote. Carried. Motion No. CW090506 -12 Moved by Coutanche, Seconded by Allison It is recommended that 1. The correspondence dated May 4, 2009 from Kelly Meyer, Chair Carley Community Hall, re: Carle r Y Community Y ty Hall be received. 2. That the Township obtain quotes to undertake the necessary works rectify the identified Fire Code deficiencies. to 3. That staff report back to Council. 4. And Further That the applicant be advised of Council's decision. Recorded Vote Requested by Councillor Agnew Carried. Yea Councillor Agnew Yea Councillor Allison Yea Councillor Coutanche Yea Councillor Crawford Yea Councillor Evans Yea Deputy Mayor Hough Yea Mayor H.S. Hughes Page 6 of 13 Page 123 of 226 10c) Mayor H.S. Hughes re: Statistical Motion No. CO90422 -21 Moved by Evans, Seconded by Crawford Be it resolved that Whereas Council adopted Motion No. CW090304 -20 at its Committee of the meeting of March 4, 2009, which reads he "It is recommended that 1. The Township of Oro Medonte appeal the Committee of Adjustment decision Catherine Street, West Part Application No. 2008 -A -51, Mike Gannon, 6 t t of Lot 1, Concession 13, effective immediately. 2. And Further That staff proceed accordingly with the submission of the appeal the Ontario Municipal Board (OMB). ppea! 3. And That the matter be brought forward to the Council meeting f March for discussion with all members of Council g ch 25, cil and that the delegation of Rich Foshay and the applicant, Mr. Mike Gannon, be invited to resent deputations to Council at that time_' to p resent Whereas the deputations of Mr. Rich Foshay and the app licant Mr. Gannon, did occur at the March 25, 2009 Council Mike meeting with all members of Council present. Now Therefore Be It Resolved That the Township of Oro Medonte supports Committee of Adjustment Motion No. CA090219 -03 pp 0 the pat its February 19, 2009 meeting, with respect to Application 2008 -A-51. That the Township of Oro Medonte's appeal of Application 2008-A-5 to be withdrawn. t he OMB And Further That staff proceed accordingly to advise the OMB of the To withdrawal of their appeal of Application 2008-A-51. Township's Recorded Vote Requested by Councillor Crawford Councillor Crawford Yea Councillor Evans Yea Deputy Mayor Hough Yea Councillor Agnew Nay Councillor Allison Abs Councillor Coutanche Yea Mayor H.S. Hughes Yea Carried. Page 10 Council Meeting Minutes—April 22, 2009 Page 124 of 226 10c) Mayor H.S. Hughes re: Statistical Motion No CO9 13 Moved by Agnew, Seconded by Coutanche Be it resolved that a Funding Request in the amount of $1000.00 be approved as an Environmental Initiative to the Ladies of the Lake for the "Behind the Lens" Lake Simcoe Revolution Project. Recorded Vote Requested by Councillor Agnew Councillor Agnew Yea Councillor Allison Absent Councillor Coutanche Yea Councillor Crawford Nay Councillor Evans Nay Deputy Mayor Hough Absent Mayor H.S. Hughes Yea a) Robin Dunn, Chief Administrative Officer, re: Township of Oro Medonte, 2009 Draft Budget. Correspondence was distributed to members of Council and staff. Motion No. SC090128 -3 Moved by Coutanche, Seconded by Crawford Be it resolved that the correspondence distributed and verbal information presented by Robin Dunn, Chief Administrative Officer, and the Senior Management Team re: Township of Oro- Medonte, 2009 Draft Budget identifying an overall tax increase of 2.9% be received, endorsed and brought forward for adoption at the February 11, 2009 Council meeting. Recorded Vote Requested by Deputy Mayor Hough Deputy Mayor Hough Nay Councillor Agnew Nay Councillor Allison Absent Councillor Coutanche Yea Councillor Crawford Yea Councillor Evans Yea Mayor H.S. Hughes Yea d►V V +1.0 11.N.0 V.• Carried. Carried. Page 2 Special Council Meeting Minutes— January 28, 2009 Page 125 of 226 10c) Mayor H.S. Hughes re: Statistical IUlotion No. 0100609 -27 Moved by Evans, Seconded by Crawford Be it resolved that By -Law No, 2010 -036, Being A By -law to Authorize the Execution of a Lease Agreement Between The Corporation of the Township of Oro- Medonte And TRY Recycling (Barrie) Inc. be read a first, second and third time, passed, be engrossed by the Deputy Clerk, signed and sealed by the-Mayor. Recorded Vote Requested by Deputy Mayor Hough Deputy Mayor Hough Yea Councillor Agnew Yea Councillor Allison Yea Councillor Coutanche Yea Councillor Crawford Yea Councillor Evans Yea Mayor H.S. Hughes Yea Motion No. SCI00517-4 Moved by Hough, Seconded by Allison 13e it resolved that Whereas the Nottawasaga Valley Conservation Authority (NVCA) Board of Directors its May 14, 2010 meeting, rescinded Executive Committee Motion at #15 from the March 26, 2010 minutes; And Further, at the May 14, 2010 meeting, the NVCA Board of Directors assed a resolution consenting to a deferral of 60 days to the Order to F' p File with the 2009 Levy Appeal contingent on Oro Medonte withdrawing its 2010 NVCA Levy Appeal. ppeal. Now Therefore, The Township of Oro Medonte supports the NVCA Board's decision consent to a deferral by 60 days to the date of the Order to File to associated with the 2009 Levy Appeal; And Further That the Township of Oro- Medonte withdraw its appeal of the 2010 NVCA levy. 1�CA Recorded Vote Requested by Deputy Mayor Hough Deputy Mayor Hough Yea Councillor Agnew Yea Councillor Allison Yea Councillor Coutanche Yea Councillor Crawford Yea Councillor Evans Yea Mayor H.S. Hughes Yea Carried. Carried. Page 126 of 226 10c) Mayor H.S. Hughes re: Statistical Motion No. 0100428 -17 Moved by Agnew, Seconded by Crawford Be it resolved 1. That Confidential Report No. CS 2010 -08, Doug Irwin, Director of Corporate Services /Clerk, re: Legal Matter (Plan 952 2273 Lakeshore Road East) be b received and adopted. 2. And Further That the residents be offered the standard Township Encroachment License Agreement for the permanent encroachments p roachn�ent achments located on Lot 69, Plan 952, municipally known as 2273 Lakeshore Road East Recorded Vote Requested by Councillor Agnew Councillor Agnew Nay Councillor Allison Nay Councillor Coutanche Absent Councillor Crawford Yea Councillor Evans Yea Deputy Mayor Hough Yea Mayor H.S. Hughes Yea Carried. e) Robin Dunn, Chief Administrative Officer re: Legal Matter NVCA Levy 2 y o1 o Motion No. 0100428 -18 Moved by Crawford, Seconded by Allison Be it resolved that the confidential correspondence dated April 21, 23, 26 ef Administrative and presented by Robin Dunn, Chief Administrative Officer d 28, 2010 Levy 2010) be received; and that the Ch' tCer re. Legal Matter (NVCA Chief officer proceed as directed and report back on May 12, 2010. Carried. Page 10 of 13 Page 127 of 226 10c) Mayor H.S. Hughes re: Statistical it Motion No. CW100421 -26 Moved by Coutanche, Seconded by Allison Motion No CW'i 0040 r -20 Moved by Allison, Seconded by Coutanche 1. Y E It is recommended that the confidential verbal information presented by Mayor H.S. Y Y Hughes, re: Property Matter (Pine Ridge) be received; And that staff report back identifying the required actions necessary for the potential implementation of the proposal. Recorded Vote Requested by Councillor Crawford Councillor Crawford Yea Councillor Evans Yea Deputy Mayor Hough Yea Councillor Agnew Yea Councillor Allison Yea Councillor Coutanche Yea Mayor H.S. Hughes Yea It is recommended 1. That Report DS2010 -20, Andria Leigh, Director of Development Services, re: Environmental Program /Service Delivery Agreement for Severn Sound Watershed Lands (Tri -Party Memorandum of Understanding) be received and adopted as amended. 2. That the Township support the execution of a Memorandum of Understanding (MOU) between the Township of Oro Medonte, the Nottawasaga Valley Conservation Authority (NVCA), and the Severn Sound Environmental Association (SSEA). 3. That the Township solicitor be directed to proceed to finalize the appropriate MOU in accordance with the draft contained in Attachment #2 of Report D82010- 020. 4. That the Nottawasaga Valley Conservation Authority (NVCA) be advised of Council's decision and that the NVCA Board be requested to support the execution of the tri -party Memorandum of Understanding. 5. And That the Severn Sound Environmental Association (SSEA) be advised of Council's decision and that the SSEA Board be requested to support the execution of the tri -party Memorandum of Understanding, Recorded Vote Requested by Councillor Agnew Councillor Agnew Nay Councillor Allison Yea Councillor Coutanche Yea Councillor Crawford Yea Councillor Evans Y Deputy Mayor Hough Yea Mayor H.S. Hughes Yea Carried. Carried. Page 128 of 226 10c) Mayor H.S. Hughes re: Statistical Motion No. CW100317 °24 Moved by Allison, Seconded by Coutanche It is recommended 1. That Confidential Report No, DS2O10 -018, Andria Leigh, Director of Development Services, re: Legal Matter (NVCA Levy 2010), be received and adopted. 2. That Council appeal the 2010 NVCA levy given their identified issue with the maintenance and administrative expenses levied for the Severn Sound portion of the Township. 3. That Council advise that the 2010 levy amount compared to the services provided for the Severn Sound portion are disproportionate to the actual services and benefits being received. 4. That the Township's appeal be submitted to the Mining and Lands Commissioner. 5. And That the NVCA be advised accordingly of the Township's position. Recorded Vote Requested by Councillor Crawford Yea Councillor Crawford Yea Councillor Evans Yea Deputy Mayor Hough Nay Councillor Agnew Yea Councillor Allison Yea Councillor Coutanche Yea Mayor Hughes Carried. Page 129 of 226 10c) Mayor H.S. Hughes re: Statistical Council Meeting Minutes February 10, 2010. e) Deputy Mayor Hough, re: Nottawasaga Valley Conservation Authority, February 12, 2010 Board Agenda. Y lotion No. C100210 -11 Moved by Coutanche, Seconded by Allison Be it resolved that the correspondence presented by Deputy Mayor Hough and Andria Leigh, Director of Development Services, re: Nottawasaga Valley Conservation Authority, February 12, 2010 Board Agenda be received; And Whereas the Township of Oro Medonte did appeal the 2009 Nottawasaga Valley Conservation Authority (NVCA) levy on February 4, 2009 on the basis that the 2009 NVCA levy compared to the services provided for the Severn Sound watershed lands was disproportionate to the actual services and benefits being 0 And Whereas the Township entered into mediation through the Mining and Lands Commissioner with the NVCA regarding the 2009 levy appeal and representatives of the Township of Oro Medonte and the NVCA entered into a Mediation resolution between the Township of Oro Medonte and the NVCA; And Whereas the Township of Oro Medonte has been proceeding forward on the basis of affecting a resolve to this matter; And Whereas the NVCA CAO was advised on February 6, 201 0 that the Township staff report and Memorandum of Understanding (MOU) between the Townshi p, the NVCA, and the Severn Sound Environmental Association (SSEA) would be forthcoming by early March 2010; And Whereas it is premature for the NVCA Board to consider the two resolutions (5.1 and 5.2) at their February 12, 2010 Board meeting until the above noted MOU is completed; Now therefore be it resolved that The Township of Oro- Medonte respectfully requests that the NVCA Board defer consideration of Resolutions 5.1 and their February 12, 2010 meeting until such time as the M® 2 of U and staff report are considered by the Township of Oro Medonte and the Nottawasaga Valley Conservation Authority. Recorded Vote Requested by Deputy Mayor Hough Yea Deputy Mayor Hough Yea Councillor Agnew Yea Councillor Allison Yea Councillor Coutanche Yea Councillor Crawford Yea Councillor Evans Yea Mayor H.S. Hughes Carried. Page 6 of 19 Page 130 of 226 10c) Mayor H.S. Hughes re: Statistical Committee of the Whole Minutes Wednesday, January 20, 2010 10. DEVELOPMENT SERVICES: a) Andria Leigh, Director of Development Services, re: Status request on NVCJVSSEA Memorandum of Understanding. Motion No. CW1 OO12O -19 Moved by Hough, Seconded by Coutanche Whereas the Township of Oro-Medonte appealed the 2009 Nottawasaga Valley Conservation Authority (NVCA) levy on February 4, 2009 9 that the 2009 levy compared to the r on the basis y corm p e services provided for the Severn Sound watershed lands was disproportionate to the actual services and benefits being received; And Whereas the Township entered into mediation with NVCA through the Mining and Lands Commissioner regarding the NVCA 2009 levy; And Whereas representatives of the Township of Oro Medonte entered into a Mediation resolution between the Township of Oro Medonte and the NVCA; Now therefore be it resolved that: 1. The verbal information presented by Andria Leigh, Director of Development Services, re: Status of Memo of Understanding between Township, NVCA, and SSEA be received; 2. That the Township of Oro Medonte confirms their endorsement of the Mediation Resolution of April 8, 2009; and 3. That the Director of Development Services bring forward the appropriate staff report regarding Nottawasaga Valley Conservation Authority /Severn Sound Environmental Association service delivery options. A recorded vote was requested by Deputy Mayor Hough Yea Deputy Mayor Hough Yea Mayour Hughes Yea Councillor Agnew Absent Councillor Allison Yea Councillor Coutanche Yea Councillor Crawford Yea Councillor Evans Carried. Page 131 of 226 10c) Mayor H.S. Hughes re: Statistical NV.. £-t.)tJ'J 1 1 kJ. 4 Motion No. 0100113 -36 Moved by Crawford, Seconded by Coutanche Be it resolved that a By -Law to Amend By -Law No. 2007 -015, "A By -Law to Appoint Representatives to Various Comnnittees /organizations" and to Repeal By -Law No. 2008 -170 be introduced and read a first and second time and numbered By -Law No. 2010 -014. That By -Law No. 2010 -014 be read a third time and finally passed, be engrossed by the Clerk, signed and sealed by the Mayor. Recorded Vote Requested by Councillor Agnew Nay Councillor Agnew Absent Councillor Allison Yea Councillor Coutanche Yea Councillor Crawford Yea Councillor Evans Yea Deputy Mayor Hough Yea Mayor H.S. Hughes Carried. Carried. Page 17of19 Page 132 of 226 10c) Mayor H.S. Hughes re: Statistical Page 133 of 226 11a) Minutes of Oro- Medonte History Asso... May 17, 2010 Oro Medonte History Association Minutes Attendance: Geoffrey Booth, chair; Bruce Wiggins, vice chair; Sheila Kirkland, secretary; Councilor Sandy Agnew Regrets: Jadeen Henderson, Allan Howard Minutes of April 26, 2010 corrected under Old Business #1 should read Kelly Skinner Meyer. Moved by Bruce and seconded by Geoff that the minutes as amended be accepted. Carried. Old Business 1. Carley Hall: update from Shawn Binns through Geoff that we should wait for the engineering report being done on Carley Hall to give us more accurate information on the structure for the designation. Most of the building is in its' original state except the kitchen and bathroom. OMHA will wait for the report prior to proceeding with designation procedures. 2. Funding opportunities: an email from Shawn Binns was sent to all of us with a website link to funding sites for us to explore. 3. Log cabin: Allen was to check with the homeowner regarding the intent for the building so we will wait for his report. Geoff has emailed Joanna McEwen for information on how Orillia dismantled and moved the log house that is now up at Scout Valley. 4. Heritage Day: Bruce gave an update on how they are trying to increase awareness at local car shows, etc. 5. Jadeen reported to Bruce that she has not yet spoken with Gary French about us selling his books. New Business 1. Rail Trail: Geoff reported that Tim Crawford has consented to do the write up on Oro Station and Hawkestone Station Page 134 of 226 11a) Minutes of Oro- Medonte History Asso... plaques. Joanna McEwen and Paul Marshall are doing the fundraising for this project. 2. Summer Schedule: July 3-Bruce (clean up bee before opening time on same day so all who can please come to work) July 10 Bruce July 17 Geoff July 24 Geoff July 31 August 7 is Heritage Day and will not be opened August 14 August 21 August 28 Anyone who can do these dates please let Geoff know 3. Just a reminder to Shawn Binns about the portable toilet and garbage pick up for the African Church July and August. Correspondence 1. Letter from the Ontario Historical Society confirming the OMHA as the recipient of the B. Napier Simpson Jr. Award of Merit. This honours a municipal heritage committee in Ontario for special contributions to heritage conservation in the municipality. The Crown Hill women's Institute nominated us. The award ceremony is June 12, 2010 at 1pm at Council Chamber, North York Civic Centre in Toronto. Geoff and Jadeen will accept on our behalf. If anyone else wishes to attend with them please let Geoff know ASAP. Next Meeting is June 21, 2010 at 6pm at the Northway Restaurant. Adjourned at 6:45 pm smk Page 135 of 226 PRESENT: Chair: Walter Benotto Town of Shelburne Vice Chair: Gord Montgomery Township of Mulmur MEMBERS: Rick Archdekin Town of Wasaga Beach Mary Brett Town of Adjala- Tosorontio Orville Brown Township of Clearview Chris Carrier Town of Collingwood Reg Cowan Township of Springwater Daniel Davidson Town of Innisfil Tom Elliott Township of Springwater Debbie Fawcett Township of Melancthon Sonny Foley Town of Collingwood Ron Henderson Township of Essa Ralph Hough Township of Oro Medonte Harry Hughes Township of Oro Medonte Rick Milne Town of New Tecumseth Brian Mullin Municipality of the Grey Highlands Fred Nix Town of Mono Gerald Poisson City of Barrie Joan Sutherland Town of New Tecumseth Bill Van Berke! Town of Innisfil Robert Walker Township of Clearview Barry Ward City of Barrie Percy Way Township of Amaranth REGRETS: Reg Cowan Township of Springwater Terry Dowdall Township of Essa John McKean Town of the Blue Mountains Cal Patterson Town of Wasaga Beach Ron Simpson Town of Bradford West Gwillimbury 11 b) Nottawasaga Valley Conservation Aut... NOTTAWASAGA VALLEY CONSERVATION AUTHORITY BOARD OF DIRECTORS MEETING 06/10 11 June, 2010 Tiffin Centre for Conservation —John L. Jose Environmental Learning Centre MINUTES GUEST: Karen Wianecki, Director of Practice Planning Solutions Inc. STAFF PRESENT: Wayne Wilson. CAO /Secretary- Treasurer Susan Richards, Manager of Administration and Human Resources Byron Wesson, Director of Land Operations and Stewardship Services Fred Dobbs, Manager of Stewardship Services Chris Hibberd, Director of Planning Barb Perrault, Senior Environmental Officer Glenn Switzer, Director of Engineering and Technical Services RECORDER: Laurie Barron, Executive Assistant Page 136 of 226 11b) Nottawasaga Valley Conservation Aut... BOARD OF DIRECTORS MINUTES MEETING No: 06 -10 11 June, 2010 Page 2 of 5 1. CALL TO ORDER Chair Benotto called the meeting to order at 9:00 a.m. 2. MOTION TO ADOPT AGENDA RES.#1 MOVED BY: Daniel Davidson SECONDED BY: Bill VanBerkel RESOLVED THAT: the Agenda for Board of Directors Meeting #06/10 dated 11 June, 2010 be adopted. Carried; 3. PECUNIARY INTEREST DECLARATION Gerald Poisson, board member representing the City of Barrie declared a pecuniary interest on items 6.2 and 4.2. Mr. Poisson's employer, Beacon Environmental Ltd. has been retained by a landowner immediately to the north and west of the land that was the subject of the Board Hearing. Mr. Poisson did not participate in the discussion or vote on Res. #3 and Res. #4 4. MINUTES 4.1 Minutes of the Board of Directors Meeting 05/10 dated 14 May, 2010. RES. #2 MOVED BY: Bill Van Berkel SECONDED BY: Debbie Fawcett RESOLVED THAT: the Minutes of the Board of Directors Meeting 05/10 dated 14 May, 2010 be approved. Carried; Agenda Item #6.2 was discussed and voted on at this point in the meeting in order to facilitate approval of item 4.2 minutes of the board hearing. 6.2 Hearing Board Decision Regarding Application submitted under Ontario Regulation 172/06 by Leesa Turnbull and Canadian Tire Real Estate Limited RES. #3 MOVED BY: Brian Mullin SECONDED BY: Percy Way RESOLVED THAT: the report of the Director of Planning regarding clarification to the Hearing Board decision on an application submitted under Ontario Regulation 172/06 by Leesa Turnbull and Canadian Tire Real Estate Limited be received; and FURTHER THAT: that the Board of Directors directs staff to facilitate the proposed new Canadian Tire in accordance with the May 14, 2010 Hearing Board Decision and options listed in this June 11, 2010 report. The meeting resumed to the regular schedule of the agenda. Carried; 4.2 Board Hearing Minutes, held on 14 May, 2010 under Section 28 of the Conservation Authorities Act, in the matter of an application by Canadian Tire Real Estate Limited and Leesa Turnbull RES.#4 MOVED BY: Debbie Fawcett SECONDED BY: Rick Archdekin RESOLVED THAT: The Board Hearing Minutes, held on 14 May, 2010 under Section 28 of the Conservation Authorities Act, in the matter of an application by Canadian Tire Real Estate Limited and Leesa Turnbull be approved. Carried; Page 137 of 226 11b) Nottawasaga Valley Conservation Aut... BOARD OF DIRECTORS MINUTES MEETING No: 06 -10 11 June, 2010 Page 3 of 5 4.3 Draft Minutes of the Executive Committee Meeting 08/10 dated 28 May, 2010. RES. #5 MOVED BY: Mary Brett SECONDED BY: Rick Archdekin RESOLVED THAT: the Draft Minutes of the Executive Committee Meeting 08/10 dated 28 May, 2010 be received. STAFF REPORTS Carried; 5. BUSINESS ARISING FROM MINUTES Board of Directors Minutes 05/10 RES. #11 Harry Hughes board member representing the Township of Oro Medonte advised that while Oro Medonte staff and NVCA staff are working on the Memorandum of Understanding it is not likely that the staff report will be ready to go to the Executive by the end of June 2010. The Board of Directors and Executive do not meet in July and therefore it will be difficult to meet the August 31s deadline. Mr. Hughes requested that the NVCA consider a further extension in order that all the approvals are met. Wayne Wilson, CAO /Secretary Treasurer noted that the request would have to be made to the Mining and Lands Commissioner by Oro Medonte. Discussion with staff and the board members concluded that NVCA is willing to work with Oro Medonte and would support, at the request of the Mining and Lands Commissioner, NVCA's acceptance of Oro Medonte's extension request. 6. REPORT OF THE DIRECTOR OF PLANNING Discussion ensued regarding the inclusion of notices of violations in the monthly planning permit ratification report. The Director of Planning and Senior Environmental Officer advised that in future the notices of violations will be included for the board members to review. These listing will continue to be included in the agenda package as a confidential in- camera item. 6.1 Permits for Ratification for the period May 7, 2010 to June 2, 2010. RES. #6 MOVED BY: Mary Brett SECONDED BY: Rick Archdekin RESOLVED THAT: the Permits /Approvals issued by staff for the period May 7, 2010 to June 2, 2010 be approved. Carried; 7. DEPUTATION Gary Bell, President of Skelton, Brumwell and Associates Inc. requested to appear before the Board of Directors on behalf of Canadian Tire Real Estate Limited re: request for clarification on the May 14/10 Board decision regarding the Canadian Tire Store. Mr. Bell arrived at 9:35 a.m. and was advised of the outcome re: Resolution #3. Mr. Bell did not request to speak to the Board of Directors. Page 138 of 226 11b) Nottawasaga Valley Conservation Aut... BOARD OF DIRECTORS MINUTES MEETING No: 06 -10 11 June, 2010 Page 4 of 5 8. REPORT OF THE MANAGER OF ADMINISTRATION AND HUMAN RESOURCES AND THE COMMUNICATION /PR ASSISTANT 8.1 Communications Report for the month of May 2010. RES. #7 MOVED BY: Orville Brown SECONDED BY: Robert Walker RESOLVED THAT: the Communications report for the month of May, 2010 be received. Carried; 9. REPORT OF THE CAO /SECRETARY TREASURER Harry Hughes, board member representing the Township of Oro Medonte requested that staff provide a detailed listing of payables with the financial report. The member was advised that a summary of payables is included in the Executive agenda package each month and can be found on the NVCA web site. 9.1 Financial Report Statement of Operations Summary for the Period ending 30 April, 2010. RES. #8 MOVED BY: Brian Mullin SECONDED BY: Percy Way RESOLVED THAT: the Statement of Operations Summary for the Period ending 30 April, 2010 be received. Carried; 9.2 MNR's Policies and Procedures for Conservation Authority Plan Review and Permitting Activities RES. #9 MOVED BY: Percy Way SECONDED BY: Brian Mullin RESOLVED THAT: the NVCA Board strongly endorse the recently released report from MNR entitled "Policies and Procedures for Conservation Authority Plan Review and Permitting; and THAT: staff actively communicate the Conservation Authority Planning and Regulations roles and responsibilities to our clients; and THAT: the Minister of Natural Resources be thanked for finalizing this important Policy document. 11. NEW BUSINESS None were presented 12. NOTICE OF MOTION None were presented Carried; 10. Board Member input to consultant conducting the NVCA Planning Program Review Karen Wianecki, Director of Practice, Planning Solutions Inc. presented an overview of the NVCA Planning Program Review to be conducted in July 2010. The review will contain recommendations based on findings. Staff, board members, partners and clients will be involved in the review process which will focus on determining if the program as a whole is meeting corporate objectives and supports corporate needs. The board members were given an opportunity to provide their input and to complete a questionnaire. Ms. Wianecki concluded that this review will be positive in focus and constructive in outcome based on findings of facts secured. Page 139 of 226 11 b) Nottawasaga Valley Conservation Aut... BOARD OF DIRECTORS MINUTES MEETING No: 06 -10 11 June, 2010 Page 5 of 5 13. CORRESPONDENCE (a) Conservation Ontario March 1/10 Minutes (b) Hydro One Networks Inc. dated May 5/10 re: Environmental Assessment (c) NVCA letter to J. McIntosh, Director of Public Works, Town of Wasaga Beach dated May 7/10 re: Town of Wasaga Beach, Trillium Creek Flow Containment Project (d) The Municipality of Grey Highlands letter to Conservation Ontario (CO) dated May 12/10 re: Resolution in support of CO requesting the Minister of Natural Resources to finalize and release the Conservation Authority Plan Review and Permitting Activities report (CALC). (e) Township of Essa Economic Development Chairperson, Councillor Sandie MacDonald dated May 17/10 re: Thank you to Fred Dobbs, Manager of Stewardship Services and Sarah Campbell, Aquatic Biologist for a successful tree planting day. (f) NVCA letter to Councillor Barbara Houson, Town of New Tecumseth dated May 19/10 re: response to Harry Hughes, NVCA Board Member letter dated May 1/10 (g) Trees Ontario newsletter dated May 27/10 re: Spring 2010 marks the planting of 10 million trees. (h) Conservation Ontario letter to the Project Manager, Program Planning and Implementation Branch of the Ministry of the Environment dated May 28/10 re: Renewable Energy Approval Technical Guidance Bulletins (EBR #010 -9235) (i) Conservation Ontario letter to the Policy Advisory, Building and Development Branch of the Ministry of Municipal Affairs and Housing dated May 28/10 re: proposed amendments to the Building Code (0.Reg. 350/06) respecting on -site sewage maintenance inspection programs (EBR #010 -9557) RES. #10 MOVED BY: Sonny Foley SECONDED BY: Chris Carrier RESOLVED THAT: Correspondence not specifically dealt with be placed on file. FUTURE MEETINGS EXECUTIVE COMMITTEE June 25/10 BOARD OF DIRECTORS and EXECUTIVE August 27/10 Note: The Board of Directors and Executive Committee recess for the month of July. ADJOURN TO ADVISORY COMMITTEES RES. #11 MOVED BY: Sonny Foley SECONDED BY: Chris Carrier RESOLVED THAT: This meeting adjourn at 10:11 a.m. to meet again at the all of the Chair. Walter Benotto, N.V.C.A. Chair Wayne R. Wilson, CAO /Secretary Treasurer Dated this 27 day of August, 2010 Carried; Carried; Page 140 of 226 11 b) Nottawasaga Valley Conservation Aut... fSA p 4P -rio n aL 4 NOTTAWASAGA VALLEY CONSERVATION AUTHORITY to, aci zo HIGHLIGHTS FROM BOARD MEETING ON AUGUST 27, 2010 NVCA BOARD OF DIRECTORS MEETING NO. 07/10, August 27, 2010 STAFF ARE RECOGNIZED FOR YEARS OF SERVICE Chair Benotto and Wayne Wilson, CAO /Secretary Treasurer recognized the following staff for their years of service with the NVCA: Rick Grillmayer, Forestry Program Coordinator, 15 years; Laurie Barron, Executive Assistant, Corporate Services and Brian Smith, Water Resources Technologist; 5 years NVCA BOARD RECEIVE AN UPDATE ON BILL 168, AN AMENDMENT TO THE OCCUPATIONAL HEALTH AND SAFETY ACT RE: EMPLOYER TO PROVIDE WORKER PROTECTION FROM VIOLENCE AND HARASSEMENT IN THE WORKPLACE. Susan Richards, Manager of Administration and Human Resources reported to the Board of Directors on Bill 168, an amendment to the Occupational Health Safety Act, which came into effect on June 15th, 2010. The amendment requires employers to provide worker protection from violence and harassment in the workplace. The Bill requires an employer, who employs more than five workers to prepare written policies (policy statements) and procedures with respect to workplace violence and harassment. A number of key tasks are essential in the process, including conducting a risk assessment with all staff and posting policy statements. The policy statements have been posted at all NVCA work sites and circulated to all staff. The complete policy and procedure is under development and staff are reviewing training options for all staff to be conducted in September 2010. As per the Act, the Policy Procedure will be reviewed annually. NVCA LAUNCHES ANOTHER COMPONENT OF THEIR `GREEN ENERGY' PROGRAM AT THE TIFFIN CONSERVATION CENTRE. The NVCA officially opened a `Solar Shed' at the Tiffin Conservation Centre on August 27/10. The Solar Shed is a component of the NVCA's Environmental Education's new Green Energy program. The Solar Shed was built in partnership with the Rotary Club of Barrie and Wallwin Electric. The Solar Shed is equipped with state of the art solar energy collectors (photovoltaic cells) batteries and electrical hardware. A large viewing window gives students and visitors the interactive opportunity to see how the sun's energy can be used for our electrical needs, such as lighting and running appliances. Visitors to the Tiffin Centre will see the benefits of using solar energy and how it powers the lights of the adjacent Sugar Shack. NVCA BOARD UNANIMOUSLY SUPPORT THE CHARTER OF WATER RIGHTS AND RESPONSIBILI TIES The NVCA has received a request to endorse a recommendation arising from the 2010 Freshwater Summit requesting the provincial government to adopt a Charter of Water Rights and Responsibilities. The NVCA's vision /mission of managing water in a sustainable manner on a watershed approach is consistent with the request. The Board of Directors supported this initiative unanimously. NVCA BOARD MEMBERS AND STAFF ENJOYED A SUMMER BBC? NVCA Vice Chair Gord Montgomery and Executive Members Rick Archdekin, John McKean along with CAO /Secretary Treasurer Wayne Wilson donned aprons to flip burgers for the annual member /staff summer bbq. Ten summer staff were acknowledged for their excellent efforts and wished all the best for their upcoming school year. Future Meetings and Events Board of Directors meeting September 17 Executive Committee meeting September 24 For more information contact: Wayne Wilson, CAO /Secretary Treasurer (705) 424 -1479, ext. 225 wwilson Page 141 of 226 11c) Mary Hennessy, Director, Lake Simco... Ministry of the Environment Lake Simcoe Project 135 St. Clair Avenue West, 12 floor Toronto ON M4V 1P5 August 18 2010 Mr. Robin Dunn Township of Oro Medonte P.O. Box 100 Oro, ON LOL 2X0 Dear Mr. Dunn, Ministere de I`Environnement Projet du Plan Protection du Lac Simcoe 135, avenue St. Clair ouest, 121eme etage Toronto ON M4V 1 P5 �r Ontario The government released the Lake Simcoe Protection Plan in June 2009. The plan is a model for watershed protection and is directing efforts to restore the health of Lake Simcoe. It focuses on the most critical issues, including: Restoring the health of the cold water fishery and other aquatic life within the Lake Simcoe watershed Improving and maintaining water quality Reducing the amount of phosphorus going into the lake Protecting and rehabilitating important areas such as shorelines Addressing impacts of invasive species, climate change and recreational activities As a part of. the recently approved Phosphorous Reduction Strategy for Lake Simcoe, the Ministry of the Environment has developed a brochure targeted at Lake Simcoe watershed residents and recreational lake users. The brochure focuses on actions individuals can take to reduce the amount of phosphorous and other pollutants going into Lake Simcoe. The ministry is working closely with the Lake Simcoe Region Conservation Authority (LSRCA) to promote environmental stewardship within the Lake Simcoe watershed. We encourage you to distribute these brochures within your municipality. If you are interested in learning more about the Lake Simcoe Protection Plan or ordering more brochures, please con Jennie Weller, Lake Simcoe Project Team at Jennie.Weller acontario.ca or by phone at 416.327.9867. Sincerely, 11 Mary Hennessy, Director Lake Simcoe Project Page 142 of 226 Pr() te c t mg jiake Simcoe Watershed 1 ,1 t 1 f. ti f 1 What is Ontario Doing About Lake Simcoe? The government is working with many partners, including the Lake Simcoe Region Conservation Authority and concerned Ontarians, to make sure that Lake Simcoe can be enjoyed by future generations. The government released the Lake Simcoe Protection Plan in June 2009. The Plan was developed with the help of scientists who specialize in watershed protection. The Plan is a model for watershed protection and is directing efforts to restore the health of Lake Simcoe. It focuses on the most. critical issues, including: Restoring the health of the cold water fisheries and other aquatic life within the Lake Simcoe watershed Improving and maintaining water quality Reducing the amount of phosphorus going into the lake Protecting and rehabilitating important natural areas such as shorelines Addressing impacts of invasive species, climate change and recreational activities fDwM Of /Mil ArILIMM LOY The Lake Simcoe Watershed Do you live in or visit the Lake Simcoe water- shed? You can take action to make it healthier. For more information on the 'Lake Simcoe Protection Plan, please visit, :w: °w.ont&rid.ca7lakesimcoe. To ir% Sown e Lake Simcoe is in Trouble Scientists call it a lake in stress. But simply put, Lake Simcoe is in trouble. Parts of this large freshwater lake are covered in weedy plant growth, and some species of cold water fish continue to have problems reproducing naturally. The main problem is an over abundance of phosphorus in the water, which has led to excessive plant and algae growth. Not only are these plants a nuisance to boaters and swimmers, they use up oxygen from the water when they decay and die taking away oxygen that flsh need to survive. What's so bad about phosphorus anyway? Actually, in normal amounts, phosphorus isn't bad. It's a natural substance found in rocks and soil, and is a key nutrient in fertilizer. The trouble is, too much phosphorus is entering Lake Simcoe from storm water runoff, agriculture, septic systems and sewage treatment plants. This over- abundance feeds the massive plant growth which is stealing away oxygen from fish. Addressing the phosphorus problem in Lake Simcoe is a key environmental concern and everyone can help. Here are simple things that you and your family can do to help: Switch to phosphorus-free cleaning products, including dishwasher detergents, and personal hygiene products. Have your septic system checked and cleaned every three to five years. Household wastewater can contain nitrogen, phosphorus, and disease causing bacteria and viruses. Don't put garbage or food waste down the toilet. Garbage and food will decrease the effectiveness of your septic system. Compost your leaves and food waste to reduce the need for synthetic fertilizer. Fertilizers can pollute the water, promote algae growth and threaten the :fish. eave your s koreiiaae aatu.ral to av iat ros o) o4ise There are many great ways to enjoy Lake Simcoe, including boating and swimming. But make sure your activities aren't hurting the lake. Be careful when using petroleum products around water. Wipe up any oil spills and dispose of used oil and antifreeze at a marina or gas station. Use phosphorus- free biodegradable soaps in your boat. Soaps used in boat sinks, showers and dishwashers aren't treated in a sanitary sewer system when they're discharged. They can cause more harm than soaps used at home. When boating, do not produce a wake too close to the shore. It can cause erosion which cans pollute the lake and threaten aquatic life. Take all your lood'leftdverrs 'hack to:the shore,. Food waste 11d) Sean Levison, President, Simcoe Cou... August 23, 2010 Harry Hughes Mayor, Township of Oro Medonte 148 Line 7 South PO Box 100 Oro ON LOL 2X0 Dear Mr. Hughes; November 2010 is Crohn's and Colitis Awareness Month for Canada and the Crohn's Colitis Foundation of Canada (CCFC). Officially designated by the federal Minister of Health in 2006, Crohn's and Colitis Month is a calf to action to advance public understanding of the urgency of finding a cure for Crohn's disease and ulcerative colitis, commonly referred to as inflammatory bowel disease (1BD). IBD affects over 200,000 Canadians, generally in the prime of their life, and it's on the rise among children. A study released at Sick Kids Hospital in Toronto last August showed that pediatric 1BD rates in Ontario are high and growing. This epidemiological observation has been validated by pediatric gastroenterologists across the country. IBD presents added complications for children because the diseased intestine is not able to do its job, which is to absorb nutrients for growth. Whether young or not so young, Crohn's and colitis exact a devastating toll on Canadian society. A Crohn's and Colitis Foundation of Canada report in 2008 puts the economic cost of 1BD to the Canadian economy at $1.8 billion per year. This includes direct medical costs, as well as indirect costs to Canadian society and to people living with IBD. The latter includes lower participation in the workforce, social stigma, and difficulty getting diagnosed and treated. We hope to gain the support of community leaders from coast -to -coast to help educate and encourage Canadian participation during the month of November. We would be most honoured if you, as a leader in the community, would provide a letter of support for the local and national based initiatives and, if possible, continue our efforts to proclaim November as Crohn's and Colitis Awareness Month. Please be sure to visit www.getgutsymonth.com to learn more about the personal stories and the public events in your community. We thank you in advance for your consideration. Kind Regards, J Sean Levison President, Simcoe County Chapter Crohn's Colitis Foundation of Canada 705 -795 -2204 Fondation canadienne des maladies inflammatoires de l'intestin Crohn's and Colitis Foundation of Canada Page 145 of 226 12a) Correspondence dated August 24, 201... COUNTY OF S 1Mc0E Ak.A4i August 24, 2010 The Right Honourable Stephen Harper Prime Minister Office of the Prime Minister 80 Wellington Street Ottawa, ON K1 A 0A2 Dear Mr. Prime Minister: Re: Mandatory Lonq_Form Census Requirements Please be advised that at its meeting of August 24, 2010, Simcoe County Council approved the following recommendation of the Human Services Committee: A copy of Item HS 10 -137 is enclosed for your information. Your kind attention to this matter is appreciated. Yours truly, .Z,// Glen R. Knox County Clerk /cam C. Simcoe County Members of Parliament and Provincial Parliament County of Simcoe Member Municipalities City of Barrie City of Orillia cco- 00 3 -CO1 wijgElatt County of Simcoe County Clerk's Office 1 110 Highway 26, Midhurst, Ontario LOL 1X0 Main Line (705) 726 -9300 Toll Free 1 866- 893 -9300 Fax (705) 726 -3991 simcoe.ca THAT the Warden be requested to petition the federal government to reinstate the mandatory long form census as outlined in Item HS 10 -137; AND THAT Item HS 10 -137 be circulated to the local Members of Parliament, Members of Provincial Parliament, the member municipalities and the cities of Barrie and Orillia in support of this petition. Page 146 of 226 12a) Correspondence dated August 24, 201... COUNTY OF SIMCOE ITEM FOR: HUMAN SERVICES COMMITTEE SECTION: Children and Community Services ITEM NO. HS 10 -137 MEETING DATE: August 10, 2010 SUBJECT: Census Long -Form Questionnaire RECOMMENDATION: THAT the Warden be requested to petition the federal government to reinstate the mandatory long faun census as outlined in Item HS 10 -137. AND THAT Item HS 10 -137 be circulated to the local Members of Parliament, Members of Provincial Parliament, the member municipalities and the cities of Barrie and Orillia in support of this petition. BACKGROUND: In late June 2010, the federal government, by an Order in Council, eliminated the long -form census questionnaire for the 2011 census, replacing it with a voluntary survey. There is increasing concern about the impact that eliminating the long -form census will have on the human services and municipal sectors in Ontario and across Canada, as evidenced through correspondence from the Association of Municipalities of Ontario (Schedule 1), the Federation of Canadian Municipalities (Schedule 2), and the Canadian Institute of Planners (Schedule 3). Additionally, the business community has recognized potential negative repercussions of eliminating the long form census questionnaire, as articulated in Maclean's Magazine /The Canadian Press (Schedule 4). Historically, the long -form census has been used to provide detailed information on housing, income, employment, migration, and other social, economic and health demography that significantly informs policy decisions. While the short -form census that is conducted with all households regarding age and gender of household members will not change, it is the long -form census questionnaire that provides the most useful, analytical data. This data is used by many social, academic, and health institutions, as well as business, and is considered highly reliable for policy and program decisions. All data is reported in aggregate, with data suppression where population size is small. The long -foini is currently mailed to 20 percent of the population and filling out the form is mandatory, a methodology that directly contributes to data reliability and ensures a representative picture of Canada's population. The federal government is proposing a new.voluntary long -form survey to be sent to one -third of the population, as opposed to the one -fifth who currently receive the mandatory census long -form Page 147 of 226 12a) Correspondence dated August 24, 201... August 10, 2010 The elimination of the long -form census questionnaire is of concern for several reasons that are very pertinent to the County of Simcoe. The current long -form census questionnaire offers a reliable and proven source of information about Canadians and in Simcoe County there are practical benefits for municipal service planning. By changing the process of collecting this data, the government makes it difficult to engage in any outcomes -based planning using census data, since the baseline reference points (for example, 2006 data) will not be comparable to the new 2011 data. Thus it will be difficult to measure the longer -term impacts of federal programs such as the Affordable Housing Program or the Social Housing Renovation and Retrofit Program or changes to the Employment Insurance program. The impact will be the same on numerous provincial and municipal programs. The voluntary nature of the new form will likely mean lower rates of return of the questionnaire, particularly from priority populations whom human services are often geared to serve. Lower rates of return will lead to unreliable data and sample biases. There are several examples of utilization of census data within the Social Services Division, including work with community networks. During the Early Learning Program planning over the past year, demographic data was used in conjunction with school board data in order to make the best possible decisions on the implementation of full -day kindergarten. The Child Youth and Family Services Coalition of Simcoe County relies on up -to -date demographic information, through the Data Consortium, in order to collectively plan services and to successfully apply for funding from alternate sources. The Best Start Network has for several years used comprehensive demographic data in program planning. Service planning across Children and Community Services, Ontario Works and Social Housing is conducted with full regard to emerging trends as pinpointed through the use of census data. The Social Housing Needs Assessment is an example of an internal Division planning document that would not have been as fulsome if staff had not been able to use comprehensive data on housing types and income levels. The County's representation of 16 member municipalities and 2 cities means there is additional responsibility in ensuring that consistent information is available for County -wide planning that takes into account the unique urban/rural mix. Should the long -form only be done in a voluntary capacity, there will be inconsistent results for reliability and population representation spread across the county. The ability to track trends over time using consistent benchmarks will disappear. This issue is even further magnified when considering the potential decrease of reliable data on the aboriginal and francophone communities, vulnerable populations, and when tracking growth trends. This change in census practise will result in new challenges regarding decision making with regards to future policy and program delivery. FINANCIAL ANALYSIS: Human Services Committee HS 10 -137 Page 2 There is no current anticipated financial impact. Long -term, there will likely be an indirect financial impact as the County may find it more difficult to justify program development in the absence of reliable data when requesting funds from provincial or federal levels of government. SCHEDULES: The following Schedules are attached and form part of this Item: Schedule 1 Association of Municipalities of Ontario Schedule 2 Federation of Canadian Municipalities Schedule 3 Canadian Institute of Planners Schedule 3 Maclean's Magazine /The Canadian Press Page 148 of 226 12a) Correspondence dated August 24, 201... August 10, 2010 Schedule 1 F AMO Human Services Committee HS 10 -137 Schedule 2 FCM Letter July 8, 2010 Schedule 3 FAF CIP Letter July 5, 2010 APPROVALS: Greg Bishop, Director, Children and Community Services Terry Talon, General Manager, Social Services Division Lealand Sibbick, Deputy Treasurer Mark Aitken, Chief Administrative Officer Schedule 4 Macleans Article, July 2, 2010 PREPARED BY: Adana Zwiers, Manager of Social Policy and Planning Date: July 22, 2010 July 22, 2010 July 27, 2010 August.3, :20.1.0 Page 3 Page 149 of 226 12a) Correspondence dated August 24, 201... Schedule 1 Human Services Committee HS 10 -137 Page 1 AMO Ontario Municipalities Concerned About Recent Federal Census Decision Page 1 of 1 AtIO Association o u kipa1i k& of Ootarrio Ontario Municipalities Concerned About Recent Federal Census Decision A Aosociaeron of Sa oniciptIttties of Chit ariio AMO Policy update —July 8, 2010 Census All orders of governments use Statistics Canada's Census data to inform their policy decision making and program /service implementation as we all rely on the reliability and validity of this information. The data we use is generally extracted and analyzed from the mandatory "long form" questionnaire which asked one -fifth of Canadian households questions on issues such as work, education, housing, income, child care, migration, ethnicity and family life. Business, non -profit organizations and universities also heavily use this data for their respective purposes. The Federal Government quietly eliminated the mandatory nature of the "long form" of the upcoming 2011 Census. Notice was provided in the June 26 Canada Gazette that this change had occurred through Order in Council. Although such changes to well established government operations are generally consulted upon prior to decision making, there is no consultation process on this matter currently. AIVIO is quite concerned with this federal direction given its significant potential negative impact to our collective capacity to conduct reliable, accurate analysis of municipal issues on a longitudinal basis to say nothing of all the municipal, provincial and federal government programs /services driven by the Census data. issues and programs /services in areas such as municipal funding, social assistance, immigration, health, poverty, economic development, training, education, housing, child care and employment could ail be affected by this announcement. A survey methodology that relies on voluntary responses will compromise the efficacy of the data as the evidence indicates that aboriginal people, recent immigrants and those who are in the lower socio- economic populations will be underrepresented. This will result in these populations being under counted and therefore the programs /services for these hard -to -serve people could be underfunded. Although the 2011 long form will be sent to more households to complete (from one fifth to one- third), the voluntary nature will make the data size and response unreliable and not to the accuracy required to ensure efficient and effective program delivery. Although some may not wish to complete a mandatory long -form survey (individual's concerns), the argument for the public good of the data seems to have been lost in the balance. Further it should be known that all StetsCan data is available in aggregate form with no personal indicators, therefore the privacy issue is a bit of a red herring in that the personal information underlying each Census is only released 92 years after its collection. AMO is currently raising our concerns with the Ontario government so that they can also engage in this discussion with the Federal government. AMO will be sending:a letter shortly to the Honourable Tony Clement, Minister of Industry, to ask him to reconsider this decision given its implications for municipal programs and services. We are also working with the Federation of Canadian Municipalities (FCM) to ensure that our work is integrated at the national level. We encourage members to contact your local MP, MPPs and the Industry Minister to inform them as to how this decision will affect municipal programs and services and ultimately your communities. For the benefit of all, we are asking that this decision be reconsidered and reversed. AMO Contact: Monika Turner, Director of Policy. E-mail mtumera@amo.on.ca http:// www. amo .on.caiAMIPrinterTemplate.cfm? Section =Breaking_News_and Policy_U... 7/1 6/20 0 Page 150 of 226 12a) Correspondence dated August 24, 201... Schedule 2 FCM 24, rue Clarence Suet Ottawa, Ontario CANADA K1N 5P3 Tel. /T<i. X613 -241 -5221 Faxrr tec.: 613 241 -7444 www. fctn.ca President President Director Hans Cunningham Regional District of Central Koot nay, British Colombia Fib Vlce- President Prernitr vie -pr s dent Councillor Berry Vrbanovic Kitchaaer, Ontario Second Vice President Deuxi nrte vice -pr dente Councillor Karen Lcibawici Edmonton, Alberta Tfiird' ice- Preeiderat toisirrwe vice -pr lviaire Claude Dauphin Arrondissement de Lachine, Ville de Montreal (Qu &ec) Chief Executive Officer Chef de 1 direction Brock Carkon Ottawa, Ontario Past President Pt4s sortant Mayor Basil Stcwart Sun mcrside, P rin cc Edward Nand Human Services Committee HS 10 -137 Federation of Canadian Municipalities Federation canadienne des munici alites July 8, 2010 The Honourable Tony Clement, P.C., M.P. Minister of Industry Canada 300 Slater Street, 16 Floor Ottawa, Ontario K1 A 008 Dear Minister: Page 1 As you know, on June 26, 2011 Statistics Canada announced that it has discontinued the mandatory Tong form questionnaire in favour of a voluntary National Household Survey (NHS). As the minister responsible for Statistics Canada, we are writing to urge you to consider the consequences of this decision. Federal, provincial, territorial and municipal governments all use the data that is gathered on the Tong -form to target and evaluate the effectiveness of public services and investments. In fact, over 25 pieces of federal legislation alone require Census data in order to allocate funds and target and evaluate services, with many more examples at the provincial, territorial and municipal levels. Municipalities use Census data, particularly Tong -form data, to target which resident groups and neighbourhoods require public services like immigrant settlement support, low income housing, child care and transit. Making the replacement for the long form voluntary will likely reduce the quality of the census data for two reasons: Sample size: The NHS will likely generate fewer responses than the long form Census questionnaire. Although the NHS sample size is more than twice as large as the long -form Census (4.5 million households versus 2 million), the response rate for a voluntary survey is much lower for a mandatory survey like the Census. Even at a 30 per cent response rate, which is higher than Statistics Canada expects from most voluntary surveys, the NHS will only generate 1.35 million responses. The Tong -form questionnaire enjoys a response rate of over 97 per cent which translates to 1.94 million responses over 40 per cent more than the NHS. This difference in sample size is significant when using data at a municipal and neighborhood level: a smaller national sample size means fewer samples within local areas, which reduces the quality and availability of data from these smaller areas. FCM has been engaged with Statistics Canada and various federal government departments in an effort to make local area data more accessible and affordable to municipal governments a welcome effort that recognizes how important federally collected data is to good municipal government. The change to the Census will reduce the quality and availability of local area data that municipalities rely on to improve service and performance. .../2 Page 151 of 226 12a) Correspondence dated August 24, 201... The value of this data needs to be weighed against what is asked of citizens to complete the long -form: For most households, the long -form questionnaire requires on average Tess than 20 to 30 minutes to complete, much less than completing an income tax return. Statistically, the average household will receive the long -form once every 25 years (once every five Censuses). Statistics Canada is highly rigourous in protecting the anonymity and confidentiality of individual Tong -form responses. To keep Canada strong, we need to know how the country is changing, where people live, work and raise their families. The census helps us do that. With good quality data, we can do a better job serving taxpayers: we can see where we need to run new bus routes, build affordable housing, or set up support programs for new Canadians. These changes in the census will likely hurt the quality of Census data available to municipalities. That will make it harder for us to serve our citizens. The federal government needs to explain how it will make sure that doesn't happen. Sincerely, Hans Cunningham President HC /at :sd Schedule 2 Human Services Committee HS 10 -137 Page 2 -2- Respondent profile: The people who tend to rely most on many municipal programs, such as recent immigrants, aboriginal Canadians and those in lower socio economic groups, are the very ones who would be least likely to fill out a voluntary survey. This will result in undercounting these population segments and reduce the quality of available information on these groups who are often hard to serve. Page 152 of 226 12a) Correspondence dated August 24, 201... Schedule 3 CANADIAN INSTITUTE INSTITUT CANADIAN OF PLANNERS r DES URBANISTES The Honourable Tony Clement, P.C., M.P. Minister of Industry House of Commons Ottawa, Ontario K1A 0A6 July 5, 2010 RE: Changes to the 2011 Census questionnaire Dear Minister: On June 26, 2010 the Canada Gazette published an Order in Council prescribing the questions for the 2011 Census questionnaire. The Canadian Institute of Planners is profoundly concerned with the decision to eliminate the long form questionnaire of socio- economic, labour market and educational information. The rigorous, universal and longitudinal data supplied by this questionnaire is fundamental to policy and decision making. Planners rely on such data when designing and delivering services to citizens, selecting sites for facilities, and planning for transportation, housing and infrastructure. The proposed alternative of a voluntary National Household Survey would be an unreliable replacement for the long -form questionnaire, as the representativeness of the data is so uncertain Lower quality data for decision making will have serious and negative impacts on Canada's communities. The Canadian Institute of Planners (CIP) has been dedicated to the advaficem- ent of professional planning in Canada since 1919. Our 7,800 members are certified professionals whose expertise includes land use and development, transportation, social policy, economic development, errvitonznental management, sustainability, and the preservation of natural resources. Planners depend on accurate, timely and consistent data on Canadian communities and households to support the provision of transportation, infrastructure, social services and economic development across Canada. Demographic information helps determine the location of community and commercial facilities, the feasibility of land use plans and zoning designations. The mandatory framework of data collection under the current Census system provides a validity and comprehensiveness that is not likely able to be matched by a voluntary system, even if the voluntary survey is distributed to more households. For these reasons we urge the Government of Canada to reverse this decision and reinstate the long form questionnaire in the 2011 Census. We fully understand Canadians' desire for privacy, security and freedoms from intrusion. Where valid concerns on these points exist, we urge that they be aired and addressed. However Statistics Canada is a world leader among statistics agencies for managing and protecting citizens' information. We believe that eliminating the Census long form would be a great mistake with repercussions reaching far beyond 2011. Should you find it useful, we would be pleased to meet with you or your staff to discuss our concerns and help map out a new way forward. Yours sincerely, z Marni Cappe, MCIP, RPP President, Canadian Institute of Planners Shaping Our Communities Sustaining Canada's future 141 Laurier Avenue West, Suite 1112 Ottawa, ON K11 513 Canada X0207213B 613.237.PL4N (7526) Fax: 613237.7045 www.cip -ku ,c.a Human Services Committee HS 10 -137 Bath nos communautes Pour un Canada viable 141, avenue Laurierouest: bureau 1112 Ottawa, (Ontario) KIP 513 Canada 800.207.2138 613.237PLAN (7526) TTIecopieur :6132373045 www.cip -Iw,ca Page 1 Page 153 of 226 12a) Correspondence dated August 24, 201... Schedule 4 Human Services Committee HS 10 -137 Alarm on cuts to detailed census questionnaire spreads to business groups July 02, 2010 19:45 Heather Scoffield, The Canadian Press OTTAWA Alarm about the government's decision to kill off the long -form census has spilled over to the business community. Both the Canadian and Toronto associations of business economists are drafting letters to Industry Minister Tony Clement to protest cabinet's decision to replace the mandatory, long census form with a voluntary survey next year. Continued Below "It's absolutely crucial from a public policy point of view." "I would be very surprised if any member of the professional business economics community would be happy with the minister's decision about Statistics Canada's census." The voluntary survey will be sent out to more people than the long -form census. "We're not happy. Nobody on either board is happy," Jacobson said. But a growing number of frequent users of census data fear the voluntary survey will be unreliable and biased, since it will likely fall victim to grassroots campaigns to resist filling in government forms. While the census does not provide information that sways financial markets on a day -to -day basis, it does have important local data on income distribution that is key in corporate decisions about production and marketing, added consultant and economist Paul Jacobson. "As a practising economist, the census is the single most important piece of information we get," said Craig Alexander, chief economist at Toronto Dominion Bank and president of CABE. Jacobson, on the boards of both associations, spends thousands of dollars every year to obtain census data on behalf of his business clients, and will be hard- pressed to find the information he needs elsewhere. The local detail that flows from the long questionnaire is essential for companies designing sales campaigns or trying to decide where to expand or locate, Jacobson said. The cabinet decision means that in 2011, the mandatory short census with its basic questions on the ages and sexes of people in a household is unchanged. But the mandatory longer form that went to about a fifth of households and asked questions about ethnicity, education and income will be axed and replaced with a voluntary survey. Page 154 of 226 12a) Correspondence dated August 24, 201... Schedule 4 Human Services Committee HS 10 -137 Page 2 "You're watering down the quality of the survey," said Alexander. "It's going to be very difficult to interpret the results." The business economists join the Federation of Canadian Municipalities and social scientists in protesting the decision, saying the long census form is the best way researchers have of gathering detailed social and economic information about local communities. "The census long form is the only national source of information on aboriginal educational achievement," social scientist Michael Mendelson wrote in a web posting on Friday. "Without the census long form there will be no information about whether aboriginal education results are improving and no data with which objectively to assess policy alternatives." The Canadian. Centre for Policy Alternatives has already posted an open letter to Clement and Statistics Canada asking them to reverse their decision. Senior economist Armine Yalnizyan argues that getting rid of the long -form questionnaire is the last straw in a string of cuts that has slowly reduced public access to key data over the past couple of years. And the former chief statistician of Canada says he would have resigned over such a move if he were still in charge. Ivan Fellegi told The Canadian Press that the decision to switch from mandatory to voluntary replies is a technical one that should be in the hands of Statistics Canada officials, not politicians. "I think the chief statistician's rule should prevail here," he said Friday. The federal government has been through this cycle before and lost. In the mid- 1980s, Brian Mulroney's administration tried to eliminate an entire census taking exercise, and passed a decree to that effect. But backlash from the business community prompted the government to change its mind. It reinstated the census, although it also begun charging higher amounts for access to detailed data. Clement has said the decision was made based on the fact that many Canadians had complained of the coercive and intrusive nature of the census. But he said, he had not seen any polling on the issue and acknowledged he did no consultations. The cost of the change could reach $30 million, Statistics Canada has said $5 million for the additional mailout, and $25 million in case there is a major problem in getting people to respond. Economist Alexander says there's a far easier solution to the public's concerns about privacy. Statistics Canada could educate respondents about how seriously they take their responsibility to keep personal details a tight secret. "StatsCan is obsessive about confidentiality," Alexander said. Page 155 of 226 12b) Correspondence dated September 2, 2... Deputation Request Not Granted pursuant to Section 16c) of Procedural By -law No. 2010 -080, as a Public Meeting was held on this matter on May 27, 2009 and it was advised that "No additional deputations to Council will be permitted." J ti+v I.+r r r WW1 Lr IT V v'_.vr frvr fJ Microsoft PowerPoint /Microsoft Word format. Preferred Meeting and Date: f I am requesting deputafion to speak: a) Z71 my own behalf; or b) 0 on beh f of a group organization association, if b), please state name of group/ organization/association below. t azy ,e I would like to use: Name(s) of Speaker(s) A deputation wishing to appear before CouncufCornmittee shall be limited to no more than two (2) speakers with a total speak' g time of n t more than ten (10) minutes. eeqie ef?‘ K‘KC4 Date of Request: Subject of Presentation Please describe below, the subject matter of the requested presentation in sufficient detail, to provide the Township a means to determine its content and to assess its relative priority to other requests for presentation. Weight will be given to those requests that provide more detailed descriptions of the content of the presentation, particularly defining how the subject matter aligns with Council's Mandate. Please note, if you intend to include handouts or a presentation using electronic devices, one (1) copy of any electronic presentation and fifteen (15) hard copies of the presentation including any handouts and are to be delivered to the Clerk's Office in accorda ce with the guidelines for Deputations /Delegations outlined in the Township's Procedural By -law. Caa6/4 Oda/RW17 Ari■Cr:90e/ 7"Y 4 01 Ve Reason why thisp is important to Council and to the municipality: Mr ,1Cr o ePC ,,e '�.r' 011 729 &X E,Ea/ z Telephone: projector laptop Signature(s) of Speaker(s): Address: ,K7s Fax: Email: consideration by Council/Committee m i itted to the meeting. Electronic submissions shou DEPUTATION BEFORE COUNCIUGOMMI7TO GOB ce-p Note: Additional material may be circulated presented at the time of the deputation. Scheduling will be at the discretion of the Clerk, and will be confirmed. There are no guarantees that by requesting a certain date(s) your deputation will be accepted, as prior commitments may make it necessary to schedule an alternate date suggested by the Clerk. Personal information on this form is collected under the legal authority of the Municipal Act, S.G. 2001, c.25 as amended. The information is collected and maintained for the purpose.of creating a record that is available to the general public pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy Act. Questions about this collection should be directed to the Clerk's Office, The Corporation of the Township of Oro- Medonte, 148 Line 7 South, Box 100, Oro, Ontario, LOL 2X0. 05/2010 Page 156 of 226 12b) Correspondence dated September 2, 2... Sirs/Ms: Deputation to Oro Medonte Council by Ted Beaton MD Klaus Kuch MD Dated signed delivered in Oro on September 2, 2010 We understand that a meeting of Council is scheduled for Wednesday, September 8 at 18:00 at Oro Township Municipal Council Chambers. We further understand that the meeting's agenda includes a Letter of Understanding potentially limiting the future role of the Nottawasaga Conservation Authority (NCA) within the Township of Oro Medonte. The contents of the Letter are unknown to us. The NCA addresses a variety of issues including building projects in potential flood plains and on aquifers. Concerning the NCA's role in the Township 1. We submit to Council that the NCA should continue its current level of oversight in our Township unless a public review indicates a need for revision. 2. There may be (or may not be) some overlap between the territories served by the NCA and the territories served by other conservation authorities (Simcoe and Severn Sound). This appears to be a separate matter. If territorial overlap exists, it could presumably be resolved without changing the nature of the NCA's mandate. Concerning our wish for a more open government 1. NCA related discussions by Council should not be held in camera. The public has a clear compelling interest in the NCA's role. 2. We further suggest that a decision concerning the Letter of Understanding should not be rushed through Council just days before an election- related procedural deadline, particularly not when its contents are unknown to the public. The soon -to -be elected Council might be better placed to decide after informed debate. 3. The public deserves more advanced and more visible notice of Council meetings, particularly pivotal ones that impact procedures and the path of future development. For example, this writer (KK) was unable to locate any related public notice of the September 8th meeting on the Township net -site. A timely Deputation to Council would have been impossible Without a casual re rk from a private source. Respectfully, Ted Beaton September 2, 2010, Oro Medonte The undersigned own property in the Township. Klaus Kuch is a full -time resident. Kit us Kuch Page 157 of 226 12c) Correspondence dated September 2, 2... Deputation Request Not Granted pursuant to Section 16c) of Procedural By -law No. 2010-080, as a Public Meeting was held on this matter on May 27, 2009 and it was advised that "No additional deputations to Council will be permitted." Any written or electronic submissions and background information for consideration by Council /Committee must be submitted to the Clerk by 4 :30 pm on the Wednesday of the week prior to the preferred meeting. Electronic submissions should be submitted in Microsoft PowerPoint /Microsoft Word format. Preferred Meeting and Date: am requesting deputation to speak: a) ton my own behalf; or b) 0 on behalf of a group/ organization association, if b), please state name of group/ organization/association below, I would like to use: Name(s) of Speaker(s) A deputation wishing to appear before Council /Committee shall be limited to no more than two (2) speakers with a total speaking time of not more than ten (10) minutes, 5 cI �:r r: Subject of Presentation Please describe below, the subject matter of the requested presentation in sufficient detail, to provide the Township a means to deterrnine its content and to assess its relative priority to other requests for presentation. Weight will be given to those requests that provide more detailed descriptions of the content of the presentation, particularly defining how the subject matter aligns with Council's Mandate. Please note, if you intend to include handouts or a presentation using electronic devices, one (1) copy of any electronic presentation and fifteen (15) hard copies of the presentation including any handouts and are to be delivered to the Clerk's Office in accordance with the guidelines for Deputations/Delegations outlined in the Township's Procedural By-law. Date of Request: E-''y c` r" 4 CDC c4%4C t S L+L Ca, 'cs. it Y CA:L Reason why this presentation is important to Council and to the municipality: C CI) Fax: c. C Signature(s) of Speaker(s): Address: Telephone: projector laptop w "C A -t,. 0 l c DEPUTATION BERgilfpRatittSitteOMMITTEE RECEIVED SEP 2 2010 z ir Lx..`"i. TOWNSHIP el FinaU Note: Additional material may be circulated 1 presented at the time of the deputation. S heduling will be at the discretion of the Clerk, and will be confirmed There are no guarantees that by requesting a certain date(s) your deputation will be accepted, as prior commitments may make it necessary to schedule an alternate date suggested by the Clerk. Personal information on this form Is collected under the legal authority of the Municipal Act, S.O. 2001, c.25 as amended. The information is collected and maintained for the purpose of creating a record that is available to the general public pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy Act. Questions about this collection should be directed to the Clerk's Office, The Corporation of the Township of Oro Medonte, 148 Line 7 South, Box 100, Oro, Ontario, LOL 2X0. 05/2010 Page 158 of 226 15a) A By -law to Appoint Representatives... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010 -154 A By -law to Appoint Representatives to the Compliance Audit Committee for the 2010 -2014 Term of Council for the Township of Oro Medonte WHEREAS the Municipal Elections Act, 1996, as amended, Section 81.1(1), provides that a Council or Local Board shall, before October 1 of an election year, establish a Committee for the purposes of Section 81, being Compliance Audit Application; AND WHEREAS Council of the Township of Oro Medonte has established a Compliance Audit Committee through the enactment of By -Law No. 2010 -115; AND WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, as amended, Section 224, provides that the role of Council is to ensure that administrative practices are in place to implement the decisions of Council; AND WHEREAS Council of the Township of Oro Medonte appoints representatives to various committees /organizations and technical support groups; AND WHEREAS the Council of The Corporation of the Township of Oro Medonte deems it expedient to appoint members to the Compliance Audit Committee; NOW THEREFORE the Council of the Township of Oro Medonte hereby enacts as follows: 1. That the following public representatives be appointed as members of the Oro Medonte Compliance Audit Committee for the 2010 -2014 term of Council. Where a member ceases to be a member before the expiration of his or her term, Council may appoint another eligible person for the unexpired portion of the term: a) Robert Barlow b) Laurel Chappell c) Jim Fitzgerald 2. That this By -law shall come into force and effect on the date of passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 8 DAY OF SEPTEMBER, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 159 of 226 15b) Being a By -Law to Delegate Certain THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010 -155 Being a By -Law to Delegate Certain Powers and Authorities to the Chief Administrative Officer WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, as amended, Section 23.1, provides that, without limiting sections 9, 10 and 11, those sections authorize a municipality to delegate its powers and duties under this or any other Act to a person or body subject to the restrictions set out in this Part. AND WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, as amended, Section 224, provides that the role of Council is to ensure that administrative practices are in place to implement the decisions of Council; AND WHEREAS the Council of The Corporation of the Township of Oro Medonte deems it expedient to delegate the power to make any expenditures or incurring any other liability which exceeds $50,000 of the Township of Oro Medonte when Council's powers are restricted by Section 275 of the Municipal Act, 2001, S.O. 2001, c.25, as amended; NOW THEREFORE the Council of the Township of Oro Medonte hereby enacts as follows: 1. That the Chief Administrative Officer be delegated the authority to make any expenditures or incurring any other liability which exceeds $50,000 of the Township of Oro Medonte when Council's powers are restricted by Section 275 of the Municipal Act, 2001, S.O. 2001, c.25, as amended. 2. This By -law shall come into force and effect on September 10, 2010 and shall remain in force until December 1, 2010, at which time this by -law is hereby repealed after that date. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 8 DAY OF SEPTEMBER, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 160 of 226 15c) A By -Law to Transfer Easements for THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010 -156 To Transfer Easements for Utility Lines as Defined in the Ontario Energy Board Act, 1998, over Parts 1, 2 and 3, Plan 51R-37485 (geographic Township of Oro), Township of Oro Medonte, County of Simcoe, and To Permanently Close and Sell the Road Allowance known as O'Connell Lane between Sophia Avenue and Barbara Avenue, being Block C, Registered Plan 798 (PIN #58559 -0164 (LT)), (geographic Township of Oro), Township of Oro Medonte, described as Parts 1, 2 and 3, Plan 51R-37485, Township of Oro Medonte, County of Simcoe. WHEREAS pursuant to Section 11(2) of the Municipal Act 2001, S.O. 2001, c.25, as amended, Council is empowered to pass by -laws respecting highways; AND WHEREAS Section 34 of the Municipal Act, S.O. 2001, c.25, as amended, provides procedures for highway closing; AND WHEREAS the road allowance know as O'Connell Lane between Sophia Avenue and Barbara Avenue, being Block C, Registered Plan 798, (geographic Township of Oro), Township of Oro Medonte, described as Parts 1, 2 and 3, Plan 51 R- 37485, Township of Oro Medonte, County of Simcoe, is no longer required for municipal purposes; AND WHEREAS Section 270 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes a Council of a municipality to sell or otherwise dispose of land in accordance with policies adopted and maintained by the municipality in respect thereof; AND WHEREAS Council passed By -law No. 2007 -083 on the 18 day of July, 2007, being a By -law to establish a policy /procedure with respect to the sale and other disposition of land; AND WHEREAS Council of The Corporation of the Township of Oro Medonte deems it necessary to transfer to Bell Canada, Hydro One Networks Inc. and Rogers Cable, easements for utility lines as defined in the Ontario Energy Board Act, 1998, be established and reserved over Parts 1, 2 and 3, Plan 51 R- 37485, and any sale of these lands would be subject thereto; AND WHEREAS Council has previously caused notice to be given of its intention to permanently close and sell the lands described in Schedule "A" attached hereto and forming part of this by -law, in accordance with the requirements set out in By -law 2007- 083, as amended; AND WHEREAS Council has determined that the said lands are not required for municipal purposes, and has by resolution declared the lands designated as the road allowance know as O'Connell Lane between Sophia Avenue and Barbara Avenue, being Block C, Registered Plan 798, (geographic Township of Oro), Township of Oro Medonte, described as Parts 1, 2 and 3, Plan 51 R- 37485, Township of Oro Medonte, County of Simcoe, described in Schedule "A" attached hereto, to be surplus to the needs of the municipality; AND WHEREAS Council has received no notice of objection to the proposed road closure or the proposed sale of land from any party; AND WHEREAS pursuant to procedural By -law 2007 -083, the Clerk of the Township of Oro Medonte did cause a Notice of the proposed by -law to permanently close and sell the Road Allowance known as O'Connell Lane between Sophia Avenue and Barbara Avenue, being Block C, Registered Plan 798 (PIN #58559 -0164 (LT)), (geographic Township of Oro), Township of Oro Medonte, described as Parts 1, 2 and 3, Plan 51 R- 37485, Township of Oro Medonte, County of Simcoe, to be published in newspapers of local circulation, a copy of which is attached as Schedule "B" and forms part of this by- law; Page 161 of 226 15c) A By -Law to Transfer Easements for AND WHEREAS the proposed by -law came before Council of The Corporation of The Township of Oro Medonte for consideration at its meeting on the 8 day of September, 2010, and at that time Council received no notice of objection to the proposed road closure or proposed sale of land from any party; NOW THEREFORE the Council of the Township of Oro Medonte hereby enacts as follows: 1 Transfer of Easements for Utility Lines as Defined in the Ontario Energy Board Act, 1998 That the transfer to Bell Canada, Hydro One Networks Inc. and Rogers Cable of easements for utility lines as defined in the Ontario Energy Act, 1998, be established and reserved over Parts 1, 2 and 3, Plan 51 R- 37485, and any sale of these lands would be subject thereto. 2 Permanently Close Council does hereby permanently close the Road Allowance known as O'Connell Lane between Sophia Avenue and Barbara Avenue, being Block C, Registered Plan 798 (PIN #58559 -0164 (LT)), (geographic Township of Oro), Township of Oro Medonte, described as Parts 1, 2 and 3, Plan 51R-37485, Township of Oro Medonte, County of Simcoe, more particularly described in Schedule "A" attached hereto, and forming part of this by -law. 3. Authorization of Sale Council does hereby authorize the sale of the Road Allowance known as O'Connell Lane between Sophia Avenue and Barbara Avenue, being Block C, Registered Plan 798 (PIN #58559 -0164 (LT)), (geographic Township of Oro), Township of Oro Medonte, described as Parts 1, 2 and 3, Plan 51R-37485, Township of Oro Medonte, County of Simcoe, to the registered owners from time to time of the abutting lands as follows and that the title to the transferred lands merge with those lands owned by the respective abutting owners: Owner Viknanek, Brian Frank Burkhart, Sharon Maureen (PIN #58559 -0163 (LT)) Lee, Robin Patricia (PIN #58559 -0140 (LT) and PIN #58559 -0162 (LT)) Kelly, Sharon or her assignee (PIN #58559 -0141 (LT)) Land to be Transferred Part 1, Plan 51R-37485 Part 2, Plan 51 R -37485 Part 3, Plan 51 R -37485 Upon registration of the Transfer, the respective owners be required, at their expense, to bring an Application under The Land Titles Act, R.S.O. 1990, as amended, to consolidate the parcels with their abutting property to one Property Identifier Number. Page 162 of 226 15c) A By -Law to Transfer Easements for 4 Sale Price and Consideration In accordance with By -law 2007 -083, as amended, Council hereby sets the sale price for land designated as the Road Allowance known as O'Connell Lane between Sophia Avenue and Barbara Avenue, being Block C, Registered Plan 798 (PIN #58559 -0164 (LT)), (geographic Township of Oro), Township of Oro Medonte, described as Parts 1, 2 and 3, Plan 51R-37485, Township of Oro Medonte, County of Simcoe, as follows: Description of Land Land Sale Price Part 1, Plan 51 R -37485 495.00 Part 2, Plan 51 R -37485 250.00 Part 3, Plan 51 R -37485 500.00 In addition to the land sale price the respective registered owners are responsible for the administrative costs incurred by the Township of Oro Medonte, associated with the transfers. Such administrative costs include cost of survey, advertising, legal fees and disbursements. 5. Execution of Documents The Mayor and Clerk are hereby authorized to sign all documents to carry out the intent of this By -law. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 8 DAY OF SEPTEMBER, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 163 of 226 15c) A By -Law to Transfer Easements for to By -law No. 2010 -156 for The Corporation of the Township of Oro Medonte Road Allowance known as O'Connell Lane between Sophia Avenue and Barbara Avenue, being Block C, Registered Plan 798 (PIN #58559 -0164 (LT)), (geographic Township of Oro), Township of Oro Medonte, described as Parts 1, 2 and 3, Plan 51 R- 37485, Township of Oro Medonte, County of Simcoe. 4.• c P u O C V %MN 11 F Schedule "A" d4i T' s 9 '``.1 :ECEnO 2r 1V/il'4ft�. Ctp01caTf T9 I'S S c uscLs r M.4;;Ya:z;u Y_nCillf OF PLAN OF SURREY •V. id./.4.905 •:7;222 :1: W.toCJI..!1f(C 1 o G1MI TOR7d R OF ORO MEI;CNTF 1 COUNTY OF S MCOE I rnlN(o plow ON 'al n)s TY p. CMS 17C G00.t :G ITV (i CH to tc.t C.T. STSANCUAH SUTIVEYINQ LTD CutonG utru Sur -nry. hu« ORILIJt ONTARIO AMIL Page 164 of 226 15c) R By -Law to Transfer Easements for imai NOTICE OF PROPOSED ff '7 u??L.ti r1 dF SALE OF LAND BY -LAW Proud Heritage Exciting Futtor TAKE NOTICE that the Township of Oro Medonte proposes to pass a By -law to permanently close and sell a road allowance, in the Township of Oro Medonte, County of Simcoe, more particularly described in Schedule "A" hereto. AND FURTHER TAKE NOTICE that the proposed By -Law will come before the Council of the Township of Oro Medonte at its regular meeting to be held at the Council Chambers on the 8 day of September, 2010 at 6:00 p.m. and at that time Council will hear in person or by his /her counsel, solicitor or agent, any person who claims that his /her land will be prejudicially affected by the By -law. Any person wishing to be heard or make comment on the proposed sale shall provide the undersigned with either a written application to be heard or written comment no later than 12:00 noon on September 2, 2010. DATED AT THE TOWNSHIP OF ORO- MEDONTE THIS 26 DAY OF AUGUST, 2010. J. Douglas Irwin, Clerk, Township of Oro Medonte 148 Line 7 South, Box 100, Oro, ON LOL 2X0 Fax: (705) 487 -0133 0 z m Subject Lands to By -law No. 2010 -156 for The Corporation of the Township of Oro Medonte Schedule "B" SCHEDULE "A" Closure and Sale: Road Allowance known as O'Connell Lane between Sophia Avenue and Barbara Avenue, being Block C, Registered Plan 798 (PIN #58559 -0164 (LT)), (geographic Township of Oro), Township of Oro Medonte, described as Parts 1, 2 and 3, Plan 51 R- 37485, Township of Oro Medonte, County of Simcoe. l-I,OR.E E ��E,S w z CO Q Page 165 of 226 15d) A By -law to Authorize the Execution... Mayor, H.S. Hughes THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Clerk, J. Douglas Irwin BY -LAW NO. 2010 -157 A By -law to Authorize the Execution of an Easement Agreement Between The Corporation of the Township of Oro Medonte And Cheslock Developments Inc. WHEREAS pursuant to Section 11 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, Council is empowered to pass by -laws respecting highways; AND WHEREAS Council of the Township of Oro Medonte has consented to grant an easement over Part Lot 22, Concession 5, Oro, Part 33, Registered Plan 51 R- 19930, for the purpose of residential access to the Cheslock Developments Inc. property, as noted in Motion No. CW080716 -35; NOW THEREFORE the Council of the Township of Oro Medonte hereby enacts as follows: 1. That an easement be granted over Part Lot 22, Concession 5, Oro, designated as Part 33 on Plan 51R-19930 in form and content as provided herein. 2. That Cheslock Development Inc. be responsible for all costs associated with the preparation and registration of the Transfer of Easement. 3. That the Mayor and Clerk be authorized to execute the Easement Agreement between The Corporation of the Township of Oro Medonte and Cheslock Developments Inc, said agreement attached hereto as Schedule "A" and forming part of this by -law. 4 This by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 8 DAY OF SEPTEMBER, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Page 166 of 226 15d) A By -law to Authorize the Execution... BETWEEN: EASEMENT AGREEMENT THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE (hereinafter called "the Transferor and CHESLOCK DEVELOPMENTS INC. (hereinafter called "the Transferee Schedule "A" to By -law 2010-157 WHEREAS the Transferor is the owner of an unopened Road Allowance described as Part Lot 22, Concession 5 (Oro), being Part 33 on Plan 51R-19930, Township of Oro Medonte, County of Simcoe (being the whole of P.I.N. 58550 -0134 (LT), and being the servient lands (hereinafter called "the Easement Lands AND WHEREAS the Transferee is the owner of the property described as Part Lot 21, Concession 5 (Oro), Part West Half Lot 22, Concession 5 (Oro), more particularly described as Part 1 on Plan 51R-25110, S/T 0R016831, Township of Oro Medonte, County of Simcoe (being the whole of P.I.N. 58550 0003 (LT) (hereinafter called "the Dominant Lands AND WHEREAS the Transferee had requested an Easement from the Transferor over the Easement Lands; NOW THEREFORE in consideration of the covenants herein contained, and other good and valuable consideration, the Transferor and the Transferee hereto covenant and agree as follows: 1. The Transferor hereby transfers to the Transferee the free uninterrupted right and easement in, on, under, along, upon and through the portion of the Transferor's lands described above (the "Easement Lands for the purpose of residential access and egress to and from the Dominant Lands for so long as the use of the Dominant Lands contains no more than one (1) single family residence. 2. The Transferee acknowledges that the Dominant Lands do not front on an assumed public road and the Transferor does not, nor is required to maintain or keep clear the Easement Lands. 3. The Transferee shall construct the residential access over the Easement Lands to municipal standards upon the commencement of its user. 4. The Transferor shall in no way be obligated to take over or assume the Easement Lands as a public Township Road unless and until it has been built in accordance with Transferor's municipal standards then in force and effect, and then such assumption shall be at the Transferor's sole discretion. Page 167 of 226 15d) A By -law to Authorize the Execution... 5. The Transferor shall not be liable for any loss, damage or injury resulting as a consequence of the Transferor issuing a building permit in respect of the Dominant Lands. 6. The Transferee shall maintain a policy of liability insurance over the Easement Lands naming the Transferor as an insured party. IN WITNESS WHEREOF the Parties hereto have executed this Agreement at the Township of Oro Medonte, County of Simcoe, this day of September, 2010 by their signing officers duly authorized in that regard. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Per: H.S. Hughes, Mayor J. Douglas Irwin, Clerk We have the authority to bind the corporation. CHESLOCK DEVELOPMENTS INC. Per: Name: Title I have the authority to bind the corporation. Page 168 of 226 15e) A By -law to Repeal By -law 2010 -133 THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010 -158 A By -law to Repeal By -law 2010 -133 and 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 -002- 30010, 4346- 010 002 30020, 4346 -010- 002 30030, and 4346 -010 -002 -30040 Township of Oro Medonte, County of Simcoe WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By -Law No. 2009 -062, a By -Law to Designate Areas of the Township as Site Plan Control Areas, was passed by Council for the Township of Oro Medonte, pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By -Law are subject to Site Plan Control, pursuant to By -Law No. 2009 -062; AND WHEREAS Council of the Township of Oro Medonte did on the 10"' day of August 2010 enact 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; 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 By -law No. 2010 -133 be repealed in its entirety 5. THAT this By -Law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 8 DAY OF SEPTEMBER, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 169 of 226 15e) A By -law to Repeal By -lave 2010 -133 September 8, 2010 By -Law No. 2010 -158 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 51R37085 Being all of PIN 74053 -0246 (LT) Roll 4346 010 009 -68960 TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE Page 170 of 226 15e) A By -law to Repeal By -law 2010 -133 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 Schedule "A" Schedule "B" Schedule "C" Schedule "D" THE TOWNSHIP OF ORO- MEDONTE SITE PLAN AGREEMENT TABLE OF CONTENTS SCHEDULES Legal Description of Lands Site Plan Deeds and Easements to be Conveyed Itemized Estimate of Cost of Construction Page 171 of 226 15e) A By -law to Repeal By -law 2010 -133 This Agreement made, in quadruplicate, this day of 2010, in accordance with Section 41 of the Planning Act. BETWEEN: SITE PLAN CONTROL AGREEMENT 1198677 Ontario Limited Hereinafter called the "Owner" 3 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 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 172 of 226 15e) A By -lave to Repeal By -law 2010 -133 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 $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 described in 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. 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: 4 Page 173 of 226 15e) A By -law to Repeal By -law 2010 -133 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. The Owner is to install and maintain litter containers in and around development on the lands. f) Garbage Collection The Owner acknowledges and agrees that any Industrial, Commercial and Institutional (I. C. I) 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. j) Tree Preservation Maximum of 50% tree removal permitted in established building envelope as shown on approved Site Plan Drawing prepared by MNBC 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, and driveway. s Page 174 of 226 15e) A By -law to Repeal By -law 2010 -133 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. d Any Letter of Credit or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Letters of Credit and security received by the Township may be used as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owner's agent, certifying that all required works for which the Letter of Credit was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner's obligations under this Agreement have been completed, the Township will return said Letter of Credit. f) If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township shall give, by registered mail, twenty -one (21) day's notice, its intent to draw down on the security or deposit. 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 427 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended. 6 Page 175 of 226 15e) A By -law to Repeal By -law 2010 -133 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 )Thomas Obradovich 7 The Corporation of the Township of Oro Medonte per: H.S. Hughes, Mayor J. Douglas Irwin, Clerk Page 176 of 226 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 15e) A By -law to Repeal By -law 2010 -133 SCHEDULE "A" 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 RO659014; Being Part 2,3,4 Plan 51R37085 Being all of PIN 74053 -0246 (LT) Roll 4346 -010- 009 -68960 8 Page 177 of 226 15e) A By -law to Repeal By -law 2010 -133 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 SCHEDULE "B" Site Plan Drawings: 51R-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 51R-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. 9 Page 178 of 226 15e) A By -law to Repeal By -law 2010 -133 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 N/A 10 Page 179 of 226 15e) A By -law to Repeal By -law 2010 -133 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 2. LETTERS OF CREDIT AMOUNT Letter of Credit to be provided by the Owner to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. 11 AMOUNT N/A $1,000.00 /per lot Page 180 of 226 15f) A By -law to Authorize the Execution... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010 -160 A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro Medonte and 850892 Ontario Limited described as lands as follows: Part of East Half of Lot 3, Concession 7 designated as Parts 6, 7, 8 on Plan 51R- 30720. Subject to an Easement over Part 7 on Plan 51R-30720 as set out in Instrument No. LT 524692 Being all of PIN #58533 -0214 (Lt) Roll 4346- 010- 003 -28401 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.Q., 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 8 DAY OF SEPTEMBER, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 181 of 226 15f) A By -law to Authorize the Execution... September 8, 2010 By -Law No. 2010- APPENDIX "A" SITE PLAN AGREEMENT between 850892 Ontario Limited and THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE DESCRIPTION OF LANDS Part of East Half of Lot 3, Concession 7 designated as Parts 6, 7, 8 on Plan 518- 30720. Subject to an Easement over Part 7 on Plan 51 R -30720 as set out In Instrument No. LT 524692 Being all of PIN #58533 -0214 (Lt) TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE Page 182 of 226 15f) A By -law to Authorize the Execution... TABLE OF CONTENTS Schedule "A" Schedule "6" Schedule "C" Schedule "D" THE TOWNSHIP OF ORO- MEDONTE SITE PLAN AGREEMENT 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 Legal Description of Lands Site Plan Deeds and Easements to be Conveyed Itemized Estimate of Cost of Construction Page 183 of 226 15f) A By -law to Authorize the Execution... This Agreement made, in triplicate, this 8 day of September 2010, in accordance with Section 41 of the Planning Act. BETWEEN: SITE PLAN CONTROL AGREEMENT 850892 Ontario Limited Hereinafter called the "Owner" 3 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 model home 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 184 of 226 15f) A By -law to Authorize the Execution... 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. g 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. 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. 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. 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. 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 model home as described on the Site Plan. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By -laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule "B subject to the development restrictions contained herein. 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: 4 Page 185 of 226 15f) A By -law to Authorize the Execution... 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 g) 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. &I) 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. 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. i) Tree Removal Identification and protection of approximately 50% of all over storey trees to promote screening and retention of wildlife /habitat/corridor values. Within this area, no clear cutting of trees will be permitted, although thinning of dense, young tree growth and stems less than 4.0 c.m. diameter at breast height, as well as trees of poor health and quality will be permitted; s Page 186 of 226 15f) A By -law to Authorize the Execution... 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 property 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 Credit or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Letters of Credit and security received by the Township may be used as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owner's agent, certifying that all required works for which the Letter of Credit was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner's obligations under this Agreement have been completed, the Township will return said Letter of Credit. 0 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 6 Page 187 of 226 15f) A By -law to Authorize the Execution... 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. SEVERABIUTY 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 7 Owner Gabriel Gr ssi )850892 Ontario Limited The Corporation of the Township of Oro-Medonte per: H.S. Hughes, Mayor J. Douglas Irwin, Clerk Page 188 of 226 15f) A By -law to Authorize the Execution... 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 850892 Ontario Limited LEGAL DESCRIPTION OF LANDS Part of East Half of Lot 3, Concession 7 designated as Parts 6, 7, 8 on Plan 51R- 30720. Subject to an Easement over Part 7 on Plan 51R-30720 as set out In Instrument No. LT 524692 Being all of PIN #58533 -0214 (Lt) TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE w 8 Page 189 of 226 15f) A By -law to Authorize the Execution... NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro Medonte and 850892 Ontario Limited SITE PLAN SCHEDULE "B" Site Plan Drawing: Diamond Valley Estates Lot 2, Prepared by Valdor Engineering Inc dated July 29, 2010. Site Plan is not in a registerable form and is available from the Township of Oro Medonte. 9 Page 190 of 226 15f) A By -law to Authorize the Execution... NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro Medonte and 850892 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 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 N/A SCHEDULE "C" 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP 1 0 Page 191 of 226 15f) A By -law to Authorize the Execution... 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 850892 Ontario Limited ITEMIZED ESTIMATE OF COST OF CONSTRUCTION 1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT 2. LETTERS OF CREDIT AMOUNT Letter of Credit to be provided by the Owner to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. 11 $1000.00 J Page 192 of 226 15g) A By -law to Enter into a Water Serv... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010 -161 A By -law to Enter into a Water Service Connection Agreement between The Corporation of the Township of Oro Medonte and Modco Investments Ltd. WHEREAS Section 11 of the Municipal Act 2001, S. O. 2001, c. 25, as amended, authorizes the Council of a Municipality to pass a by -law respecting water distribution; AND WHEREAS the Applicant has requested permission from the Municipality to connect to a municipal water system (Sugarbush Water System); AND WHEREAS the Municipality is prepared to grant permission to connect to a municipal water system (Sugarbush Water System) upon certain terms and conditions; NOW THEREFORE the Council of the Township of Oro Medonte hereby enacts as follows: 1. That the Mayor and Clerk be authorized to execute the Water Service Connection Agreement, shown as Schedule "A" attached hereto and forming part of this By- law. 2. That this By -law shall come into full force and effect on its final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 8 DAY OF SEPTEMBER, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 193 of 226 15g) A By -law to Enter into a Water Serv... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE WATER SERVICE CONNECTION AGREEMENT THIS Agreement made, in triplicate, this day of 2010. BETWEEN: A description of the land affected by this Agreement is as follows: Part Block B, Plan M30 ORO, Designated as Part 1 on Plan 51 R -37180 Being all of PIN 74057 -0558 (LT) Roll 4346 -010 -003 -14702 (Lot 4) The Municipality has entered into this Agreement on the day of 2010. The Registered Owner agrees to comply with all the terms and conditions as set out in the Corporation of the Township of Oro Medonte By -law No. 2009 -082 (a By -law to regulate Municipal Water Systems within the Township of Oro Medonte) and the "Water" Schedule of the Township's Fees and Charges By -law attached hereto. The Registered Owner acknowledges and agrees that all costs to connect to the municipal water system shall be at their cost, including, but not limited to, all labour, material and water meter. The Registered Owner acknowledges and agrees that future repairs or upgrades to the water service line located on private property are the responsibility of the Registered Owner. The Registered Owner acknowledges and agrees that the Township of Oro Medonte does not guarantee water pressure and that either now or in the future, the Registered Owner may be required to install and maintain equipment to satisfy pressure. MODCO INVESTMENTS LTD. Rene DeMartini CSO THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Harry Hughes, Mayor Doug Irwin, Clerk Modco Investments Ltd. Hereinafter referred to as the "Registered Owner" and THE CORPORATION OF THE TOWNSHIP OF ORO MEDONTE Hereinafter referred to as the "Municipality" Page 194 Of 226 15g) A By -law to Enter into a Water Serv... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2009 -082 Being a By -law to Regulate Municipal Water Systems within The Township of Oro Medonte and to Repeal By -law No.'s 2003 -25 and 2004 -024 WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality may pass By -laws respecting matters related to water production, treatment, storage and distribution; AND WHEREAS Section 79 of the Municipal Act, 2001, c.25, as amended, provides that if a municipality has the consent of an Owner or occupant to connect a public utility to a part of a building and other parts of the building belonging to different Owners, or are in possession of different occupants, the municipality may, at reasonable times, without consent, enter on their land and install, construct and maintain pipes, wires, equipment, machinery, and other works necessary to make the connection; AND WHEREAS Section 80 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality may, at reasonable times, enter on land to which it supplies a public utility; To inspect, repair, alter or disconnect the service pipe or wire, machinery, equipment and other works used to supply the public utility; To inspect, install, repair, replace or alter a public utility meter; To shut off the supply of the public utility and remove any property of the municipality if the customer discontinues the use of a public utility on land, or a municipality lawfully decides to cease supplying the public utility to the land; To determine whether the public utility has been or is being unlawfully used. AND WHEREAS the Council of The Corporation of the Township of Oro Medonte deems it desirable and necessary to pass a By -law to regulate the Municipal Water Systems within the Township; NOW THEREFORE the Council of the Township of Oro Medonte hereby enacts as fol lows: 1. Definitions For the purpose of this By -law: 1.1 "Council" shall mean the Council of The Corporation of the Township of Oro Medonte. 1.2 "Fire Chief" shall mean the Fire Chief of the Township of Oro Medonte Fire and Emergency Services Department. 1.3 "Municipal Water Area" shall mean a subdivision or designated area within The Corporation of the Township of Oro- Medonte, serviced by a Municipal Water System. 1.4 "Municipal Water Supply" shall mean the water supplied from a Municipal Water System. 1.5 "Municipal Water Systems" shall include all water works established within the present Township of Oro Medonte, and shall further include any present or future extensions to the water works under any Act or under an agreement between the Township or its predecessors, but shall not include any private waterworks which have not been acquired, established, maintained or operated by the Township or its predecessors. Page 195 of 226 15g) A By -law to Enter into a Water Serv... 1.6 "Owner" shall mean the assessed Owner(s) as identified on the Assessment Roll for Taxation Purposes during the current year, as amended. 1.7 "Person" shall mean an individual human being, his /her personal agent, heir, successors and assigns, and shall include a corporation with or without share capital. 1.8 "Director of Transportation and Environmental Services" shall mean the Director of Transportation and Environmental Services of the Township of Oro Medonte and /or his designate. 1.9 "Duly Authorized Employee" shall mean any employee authorized by Council. 1.10 "Township" shall mean The Corporation of the Township of Oro Medonte. 1.11 "Unit" shall mean an assessed or assessable unit within a Residential, Commercial or Industrial building and shall include an apartment located within a single family dwelling, which is serviced by the Township Water System, as permitted under the applicable Zoning By -law. 1.12 "Water Works" means any works for the collection, production, treatment, storage, supply, and distribution of water, or any part of such works, but does not include plumbing or other works to which the Ontario Building Code Act and its regulations apply. 2. GENERAL PROVISIONS 2.1 This By -law shall apply to all Municipal Water Systems located within the geographical boundaries of the Township. 2.2 No person shall lay, or cause to be laid, any pipe or main to communicate with any pipe or main of the Municipal Water System, or in any way obtain or use the Municipal Water Supply without consent of the Township. 2.3 Any extensions or connections to a Municipal Water System shall be constructed in accordance with the Township of Oro Medonte Engineering Standards. 2.4 No person, being an Owner, tenant, occupant or inmate of any house or building or other place supplied with water from the Municipal Water System, shall improperly waste water or, without the consent of the Director of Transportation and Environmental Services, lend, sell or dispose of water, give water away, permit water to be taken or carried away, use or apply water to the use or benefit of another, or to any use and benefit other than the person's own, or increase the supply of water. This shall include the furnishing of water from one building connected to the Municipal Water System, to another building. 2.5 All pipes, valves, fittings and other equipment between the water main and the street line shall remain the property of the Township. 2.6 The Township does not guarantee the continuous supply, quality, or pressure of water from a Municipal Water System. The Township is not liable for damage caused by the breaking of any services pipe or attachment, or for shutting off of water to repair or to tap mains, if reasonable notice of the intention to shut off the water is given. The Township is not liable for damage caused by emergency water main breaks or service breaks or attachments for shutting water off to repair the emergency situation. No notice of intention to shut water off is required during emergency repair activities. 2.7 The Director of Transportation and Environmental Services shall be responsible for the operation and maintenance of all Municipal Water Systems, including required testing, servicing, and the removal of snow from around all hydrants, as deemed necessary. Page 196 of 226 15g) A By -law to Enter into a Water Serv... 2.8 The Director of Transportation and Environmental Services, or other duly authorized employee, in the case of an emergency, which may imperil the supply or quality of water, may shut off the Municipal Water Supply and take such remedial action as may be necessary. Such remedial action may include limiting or stopping up the supply of water in any area or restricting the use of water for any specific purpose. 3. REQUIREMENT FOR CONNECTION TO AND REGULATION OF MUNICIPAL WATER SYSTEM 3.1 Every Owner of property located within a Municipal Water Area who wishes to connect an existing building to the Municipal Water System may apply, in writing, to the Director of Transportation and Environmental Services. 3.2 Every new residence constructed on a property located within a Municipal Water Area shall be connected to the Municipal Water System. An application for connection to the Municipal Water System shall be filed prior to the issuance of a building permit, and shall be accompanied by the connection fee as established by By -law. 3.3 The Township reserves the right to refuse any application for connection to the Municipal Water System if the existing system is at capacity, or where excess capacity has been allocated to other properties within the Municipal Water Area. 3.4 An Owner may apply, in writing, to Council for an exemption from connection to a Municipal Water System. Council shall consider all requests and may grant an exemption, unless such exemption would be at variance to any written requirement, order or approval by a Medical Officer of Health, Public Health Inspector, the Ministry of the Environment, or Ontario Building Code Act. Any exemption granted under this Section shall not relieve the Owner from the payment of any minimum rate under this By -law. 3.5 Notwithstanding Section 3.4, no Owner of a property located within a Municipal Water Area and connected to the Municipal Water Supply shall be granted an exemption in order to disconnect from the Municipal Water System. 3M Every building connected to a Municipal Water System shall have a single separate connection, with the exception of a building which contains multiple units. 3.7 Any Owner of a building connected, or to be connected, to a Municipal Water System shall install the connection, as per Township Engineering Standard. 3.8 Every Person who, by act, default, neglect or omission, occasions any loss, damage or injury to any public utility works, or to any plant, machinery, fitting or appurtenances thereof, is liable to the Township therefore. Every Person who willfully or maliciously damages, or causes or knowingly suffers to be damaged, any meter, service pipe, conduit, wire, rod or fitting belonging to the Township, or willfully impairs or knowingly suffers the same to be altered or impaired, so that the meter indicates less than the actual amount of the public utility that passes through it, is guilty of an offence and on conviction, is liable to a fine, to the use of the Township, and for the expenses of repairing or replacing the meter, service pipe, conduit, wire, rod, or fitting and double the value of the surplus public utility so consumed, all of which is recoverable under the Provincial Offences Act, R.S.O. 1990, C.P. 33, as amended. 3.9 Any Owner who desires a change in the location, arrangement or size of a Municipal Water Supply Service, shall apply, in writing, to the Director of Transportation and Environmental Services. If a request is granted by the Director of Transportation and Environmental Services, costs incurred by the Township shall be payable as a condition of the granting of the request and shall be collectable by the Township as a charge against the benefiting lands. Page 197 of 226 15g) A By -law to Enter into a Water Serv... 3.10 Where any auxiliary water supply exists in any building connection to a Municipal Water System, approved backflow protection shall be installed. This requirement shall include the handling of processed waters, and waters originating from the Municipal Water system, which may have been, or may be subjected to, deterioration in sanitary quality. Backflow protection devices shall be installed where internal cross connections exist. All property Owners with swimming pools, in ground or above ground, shall install a backflow prevention device on all outside water taps. 3.11 Any Owner desiring to have the Municipal Water Supply turned off or on for any reason whatsoever, shall apply, in writing, to the Director of Transportation and Environmental Services, who may direct that the water be turned on or off. 3.12 A Disconnection/Re Connection Fee, as established by By -law, shall be charged by the Township for turning off or on the Municipal Water Supply, where. such action is necessitated by: 3.12.1 a written request by the Owner; or 3.12.2 non payment of a water bill; or 3.12.3 failure to provide access to a meter 4. WATER USEAGE AND RESTRICTIONS 4.1 No Person shall willfully let off or discharge water so that the water runs waste or useless out of the Municipal Water System. 4.2 The Township reserves the right to turn off the Municipal Water Supply to any house, building or other place supplied with water from the Water Works, as deemed necessary by the Director of Transportation and Environmental Services, to stop and prevent waste. 4.3 Failure to comply with any requirements relative to the protection of a Municipal Water Supply shall be sufficient reason for immediate discontinuance of water service by the Township, until such time as it is determined that the requirements of the Township, Ontario Building Code Act, any order or approval by a Medical Officer of Health, Public Health Inspector, or Ministry of the Environment, have been met. 4.4 The Director of Transportation and Environmental Services, or other duly authorized employee, may take such measures, as it is deemed necessary, to regulate or suspend any or all use of water distributed through a hose, or any other attachment, for street, lawn or garden watering, or for any fountain or object, or for any other similar purpose. The watering of lawns or gardens, or filling of swimming pools, are not deemed to be a domestic use under the terms of the By -law and may be prohibited, from time to time, by Resolution of Council, and the Director of Transportation and Environmental Services is hereby authorized to take all such action, as may be necessary, to immediately terminate the supply of water to any property served by the Municipal Water System in the event of a breach of such an order. 4.5 No person shall, from a Municipal Water System, water or sprinkle, or cause or permit the watering or sprinkling of any lawn, garden, tree, shrub or other outdoor plant, or fill swimming pools, in the Township of Oro Medonte through a hose or other attachment except between the hours of 7:00 p.m. 11:00 p.m. subject to the following: a) Owners or tenants of properties with a municipal address with an even number are permitted to water lawns and gardens, or fill swimming pools within the designated times, on even numbered days of the month; b) Owners or tenants of properties with a municipal address with an odd number are permitted to water lawns and gardens, or fill swimming pools within the designated times, on odd numbered days of the month; c) Owners of newly seeded and /or sodded lawns, upon proof of installation and subject to the approval of the Director of Transportation and Environmental Services or his designate, may be permitted to water their lawn for fourteen (14) consecutive days regardless of the day designated under these water restrictions; Page 198 of 226 15g) A By -law to Enter into a Water Serv... d) Owners of properties which have been sprayed for insects, upon proof of such spraying and subject to the approval of the Director of Transportation and Environmental Services or his designate, may be permitted to water their lawn for seven (7) consecutive days regardless of the day designated under these water restrictions. e) Owners of properties with mechanized automated irrigation systems may, subject to 4.5 a) and b), be exempt from watering between 7 :00 p.m. and 11:00 p.m. and by written request to the Director of Transportation and Environmental Services be permitted to water between the hours of 12:01 a.m and 4:00 a.m. 5. METERS 5.1 The Township shall require meters for the purpose of measuring the supply of water to any building, subject to the following; 5.1.1 Meters shall be required for all new Residential, Commercial and Industrial buildings to be constructed on properties lying within a Municipal Water Area at the cost of the Owner. 5.1.2 Meters shall be required for all existing Residential, Commercial and Industrial buildings located within a Municipal Water Area. (i When the Township determines that water meters shall be installed in existing buildings located within a Municipal Water Area, meters shall be installed by the Township and the cost, therefore, shall be charged to the applicable Municipal Water Area. 5.1.3 One (1) meter shall be required for each unit within any Residential, commercial and/or Industrial building. The Director of Transportation and Environmental Services may waive the requirement for separate meters where, in the opinion of the Director of Transportation and Environmental Services, the existing water service prevents the installation of multiple meters. The waiving of this requirement does not relieve the Owner from any minimum rate which may be assessed against each unit under this By -law. 52 Interior and exterior meters shall remain the property of the Township and shall not be boxed in such a manner as to prohibit them from being read, examined or removed. 5.3 Interior meters shall be located in a safe and convenient space, free from charge or rent, in a heated room suitable for this purpose, as close as possible to the entrance of the service pipe into the building. The inside meter shall be mounted in such a manner as to be fully braced to prevent movement. 5.4 Free access shall be afforded to such meters and their connections for Persons authorized by the Township whenever such access is required. 5.5 Where the Township has reason to believe that a meter is inoperable and is unable to gain access thereto for inspection and repair, the following steps will be taken; 1) Written notice will be left at the premises requesting access to the meter 2) A phone call will be made requesting access to the meter 3) A Registered letter will be sent requesting access to the meter Upon confirmation of receipt of the registered letter the property will be moved to an annual flat rate of $1200 /unit until such time as access is granted and the meter operable. Page 199 of 226 15g) A By -law to Enter into a Water Serv... 5.6 The owner shall be responsible for the security of the meter, and other Township equipment, and shall pay the Township the value of such meter and equipment should any damage or loss occur which is, in the opinion of the Director of Transportation and Environmental Services, due to circumstances beyond normal wear and tear. 5.7 No Person other than an authorized employee or agent of the Township shall be permitted to remove, inspect or repair the meter or other equipment of the Township's Water Works. 5.8 No Person shall willfully alter a meter placed on any service pipe or connected therewith, within or outside any building or other place, so as to lessen or alter the amount of water registered. 6. FIRE HYDRANTS 6.1 No Person shall use hydrants connected to any Municipal Water System, other than; 6.1.1 employees or volunteer firefighters authorized by the Fire Chief; 6.1.2 employees authorized by the Director of Transportation and Environmental Services. 6.1.3 persons having written permission from the Township to use the hydrants, under the supervision of the Director of Transportation and Environmental Services. 6.2 No Person shall, without approval of the Director of Transportation and Environmental Services or Fire Chief, willfully open or close any hydrant. 6.3 No Person shall, obstruct the access to any hydrant; curb stop, chamber, pipe or hydrant or sample station. 7. OFFENCES AND PENALTIES 7.1 Every Person is guilty of an offence and upon conviction, shall be liable to the fines and penalties prescribed by the Provincial Offences Act; 7.1.1 who willfully hinders or interrupts, or causes or procures to be hindered or interrupted, the Township, its officers, contractors, agents, servants or workers in the exercise of any of the powers conferred under this By -law; or; 7.1.2 who contravenes or fails to comply with any provision of this By -law 7.2 The conviction of an offender upon the breach of any provisions of this by -law shall not operate as a bar to a prosecution against the same offender upon any continued or subsequent breach of any provision. Section 442 of the Municipal Act, 2001, S.O. 2001, c.25, as amended from time to time, shall further apply to any continued or repeated breach of this By -law. 7.3 If any court of competent jurisdiction finds that any of the provisions of this By- law are ultra vires the jurisdiction of council, or are invalid for any reason, such provision shall be deemed to be severable and shall not invalidate any of the other provisions of the By -law, which shall remain in full force and effect. 8. MISCELLANEOUS 8.1 If any provision of this By -law is inconsistent with the Municipal Act, or any other Act, the Provisions of the applicable Act shall prevail. 8.2 A word interpreted in the singular number has a corresponding meaning when used in the plural. Where a word references the masculine gender it shall also include female. 8.3 That this By -law may be cited as the 'Water Regulation By -law Page 200 of 226 15g) A By -law to Enter into a Water Serv... L 9. REPEAL 9.1 That the Township of Oro Medonte hereby repeals By -law No.'s 2003 -25 and 2004 -024. 10. ENACTMENT That this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST AND SECOND TIME THIS 29 DAY OF JUNE, 2009. BY -LAW READ A THIRD TIME AND FINALLY PASSED THIS 29 DAY OF 2009. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE /4( L, 111." I li Of Page 201 of 226 15g) A By -law to Enter into a Water Serv... 1. Definitions For the purpose of this Schedule: SCHEDULE `J' TO BY -LAW NO. 2010 -093 WATER 1.1 "Municipal Water Area" shall mean a subdivision within The Corporation of the Township of Oro Medonte. 1.2 "Municipal Water Systems" shall include all water works established within the present Township of Oro Medonte, and shall further include any present or future extensions to the water works under any Act or under an agreement between the Township or its predecessors, but shall not include any private water works which have not been acquired, established, maintained or operated by the Township or its predecessors. 1.3 "Owner" shall mean the assessed owner(s) as identified on the Assessment Roll for taxation purposes during the current year, as amended. 1.4 "Treasurer" shall mean the Treasurer of The Corporation of the Township of Oro Medonte. 1.5 "Unit" shall mean an assessed or assessable unit within a residential, commercial or industrial building, and shall include an apartment located within a single family dwelling which is serviced by the Township Water System, as permitted under the applicable Zoning By -law. 1.6 "Vacant Lot" means any property not connected to a municipal water system to which water service is available. 1,7 "Water Works" means any works for the collection, production, treatment, storage, supply and distribution of water, or any part of such works, but does not include plumbing or other works to which the Ontario Building Code Act and its regulations apply. 2. Water Charges, Billing and Collection 2.1 As soon as the water connection installation is approved by the Township Inspector, he shall forthwith turn the water on for the owner. The owner will then be charged at the appropriate water rate, as per Schedule V. 2.2 At the end of each quarter, the duly authorized employee shall read, or cause to be read, all meters connected to the Municipal Water System to determine the amount of water used during the quarter. 2.3 The Treasurer shall calculate water charges to be assessed against each unit and vacant lot in a Municipal Water Area, in accordance with the quarterly charges and rates per cubic meter as set out in Schedule `J'. 2.4 The Treasurer shall, for each calendar quarter, issue bills to each unit or vacant lot based on the applicable water charge or rate. Water bills shall be due and payable not Tess than twenty -one (21) days from the date of mailing. 2.5 Water payments shall be payable to The Corporation of the Township of Oro Medonte and may be paid during office hours in person or by mail at the Oro Medonte Administration Office, 148 Line 7 South, Box 100, Oro, On LOL 2X0, or at most financial institutions. Water payments made at a financial institution shall be deemed to be paid on the date shown by the Teller's stamp on the bill stub. The Township shall not be responsible for any applicable service charge payable to the bank. Cheques only can be dropped at the drop boxes located at the Administration Office and Moonstone Fire Hall. Page 19 of 22 Page 202 of 226 15g) A By -law to Enter into a Water Serv... SCHEDULE "J" TO BY -LAW NO. 2010-093 WATER continued... 2.6 The Treasurer shall impose a five (5) percent late charge on all unpaid accounts on the day after the due date. 2.7 If an account remains unpaid, the Township may collect amounts payable pursuant to Section 398(2) of the Municipal Act, 2001, c. 25, as amended. Water Rates and Charges 3.1 Consumption Charge Each unit shall be assessed a consumption charge at the rate of $1.90 per cubic meter (m 3.2 Infrastructure Renewal Charge Each unit and vacant lot shall be assessed on infrastructure renewal charge of $50 per quarter ($200 annually). 3.3 Flat Rate Non Metered Units Owners on municipal water systems who do not allow access to their homes for the purpose of the installation or repair of water meters will, after three notices, be charged $300 per quarter ($1,200 annually). 3.4 Flat Rate (a) Horseshoe Oro Plan 1587 $150 per quarter ($600 annually) (b) Horseshoe Medonte Plan 1531, M -10, M -11, M -23 $150 per quarter ($600 annually) (c) Pine Ridge Ski Club $900 per quarter ($3,600 annually) 3.5 Other Charges (a) Connection Fee Inspection $200 (b) Disconnection and Reconnection Charge $50 each 3.6 Where no quarterly water meter reading can be obtained, the unit shall be automatically charged a consumption charge of $100.00, per quarter, until the meter reading is obtained or the requirements under Section 3.3 have been completed by the municipality. 4. Water Meter Package 4.1 Includes meter, back flow preventer, angle meter valve, expansion tank, wire and MXU $394.50 plus applicable taxes Page 20 of 22 Page 203 of 226 15h) A By -law to Enter into a Water Serv... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010 -162 A By -law to Enter into a Water Service Connection Agreement between The Corporation of the Township of Oro Medonte and Modco Investments Ltd. WHEREAS Section 11 of the Municipal Act 2001, S.O. 2001, c. 25, as amended, authorizes the Council of a Municipality to pass a by -law respecting water distribution; AND WHEREAS the Applicant has requested permission from the Municipality to connect to a municipal water system (Sugarbush Water System); AND WHEREAS the Municipality is prepared to grant permission to connect to a municipal water system (Sugarbush Water System) upon certain terms and conditions; NOW THEREFORE the Council of the Township of Oro Medonte hereby enacts as follows: 1. That the Mayor and Clerk be authorized to execute the Water Service Connection Agreement, shown as Schedule "A" attached hereto and forming part of this By- law. 2. That this By -law shall come into full force and effect on its final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 8 TH DAY OF SEPTEMBER, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 204 of 226 15h) A By -law to Enter into a Water Serv... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE WATER SERVICE CONNECTION AGREEMENT THIS Agreement made, in triplicate, this day of 2010. BETWEEN: and THE CORPORATION OF THE TOWNSHIP OF ORO MEDONTE Hereinafter referred to as the "Municipality" A description of the land affected by this Agreement is as follows: Part Block B, Plan M30 ORO, Designated as Part 2 on Plan 51 R -37180 Being all of PIN 74057 -0558 (LT) Roll 4346 -010- 003 -14702 (Lot 5) The Municipality has entered into this Agreement on the day of 2010. The Registered Owner agrees to comply with all the terms and conditions as set out in the Corporation of the Township of Oro Medonte By -law No. 2009 -082 (a By -law to regulate Municipal Water Systems within the Township of Oro-Medonte) and the `Water" Schedule of the Township's Fees and Charges By -law attached hereto. The Registered Owner acknowledges and agrees that all costs to connect to the municipal water system shall be at their cost, including, but not limited to, all labour, material and water meter. The Registered Owner acknowledges and agrees that future repairs or upgrades to the water service line located on private property are the responsibility of the Registered Owner. The Registered Owner acknowledges and agrees that the Township of Oro Medonte does not guarantee water pressure and that either now or in the future, the Registered Owner may be required to install and maintain equipment to satisfy pressure. MODCO INVESTMENTS LTD. Rene DeMartini C THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Harry Hughes, Mayor Doug Irwin, Clerk Hereinafter referred to as the "Registered Owner" Modco Investments Ltd. Page 205 of 226 15h) A By -law to Enter into a Water Serv... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2009 -082 Being a By -law to Regulate Municipal Water Systems within The Township of Oro Medonte and to Repeal By -law No.'s 2003 -25 and 2004 -024 WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality may pass By -laws respecting matters related to water production, treatment, storage and distribution; AND WHEREAS Section 79 of the Municipal Act, 2001, c.25, as amended, provides that if a municipality has the consent of an Owner or occupant to connect a public utility to a part of a building and other parts of the building belonging to different Owners, or are in possession of different occupants, the municipality may, at reasonable times, without consent, enter on their land and install, construct and maintain pipes, wires, equipment, machinery, and other works necessary to make the connection; AND WHEREAS Section 80 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality may, at reasonable times, enter on land to which it supplies a public utility; To inspect, repair, alter or disconnect the service pipe or wire, machinery, equipment and other works used to supply the public utility; To inspect, install, repair, replace or alter a public utility meter; To shut off the supply of the public utility and remove any property of the municipality if the customer discontinues the use of a public utility on land, or a municipality lawfully decides to cease supplying the public utility to the land; To determine whether the public utility has been or is being unlawfully used. AND WHEREAS the Council of The Corporation of the Township of Oro Medonte deems it desirable and necessary to pass a By -law to regulate the Municipal Water Systems within the Township; NOW THEREFORE the Council of the Township of Oro Medonte hereby enacts as follows: 1. Definitions For the purpose of this By -law: 1.1 "Council" shall mean the Council of The Corporation of the Township of Oro Medonte. 1.2 "Fire Chief" shall mean the Fire Chief of the Township of Oro Medonte Fire and Emergency Services Department. 1.3 "Municipal Water Area" shall mean a subdivision or designated area within The Corporation of the Township of Oro Medonte, serviced by a Municipal Water System. 1.4 "Municipal Water Supply" shall mean the water supplied from a Municipal Water System. 1.5 "Municipal Water Systems" shall include all water works established within the present Township of Oro Medonte, and shall further include any present or future extensions to the water works under any Act or under an agreement between the Township or its predecessors, but shall not include any private waterworks which have not been acquired, established, maintained or operated by the Township or its predecessors. Page 206 of 226 15h) A By -law to Enter into a Water Serv... 1.6 "Owner" shall mean the assessed Owner(s) as identified on the Assessment Roll for Taxation Purposes during the current year, as amended. 1.7 "Person" shall mean an individual human being, his /her personal agent, heir, successors and assigns, and shall include a corporation with or without share capital. 1.8 "Director of Transportation and Environmental Services" shall mean the Director of Transportation and Environmental Services of the Township of Oro Medonte and /or his designate. 1.9 "Duly Authorized Employee" shall mean any employee authorized by Council. 1.10 "Township" shall mean The Corporation of the Township of Oro Medonte. 1.11 "Unit" shall mean an assessed or assessable unit within a Residential, Commercial or Industrial building and shall include an apartment located within a single family dwelling, which is serviced by the Township Water System, as permitted under the applicable Zoning By -law. 1.12 "Water Works" means any works for the collection, production, treatment, storage, supply, and distribution of water, or any part of such works, but does not include plumbing or other works to which the Ontario Building Code Act and its regulations apply_ 2. GENERAL PROVISIONS 2.1 This By -law shall apply to all Municipal Water Systems located within the geographical boundaries of the Township. 2.2 No person shall lay, or cause to be laid, any pipe or main to communicate with any pipe or main of the Municipal Water System, or in any way obtain or use the Municipal Water Supply without consent of the Township. 2.3 Any extensions or connections to a Municipal Water System shall be constructed in accordance with the Township of Oro Medonte Engineering Standards. 2.4 No person, being an Owner, tenant, occupant or inmate of any house or building or other place supplied with water from the Municipal Water System, shall improperly waste water or, without the consent of the Director of Transportation and Environmental Services, lend, sell or dispose of water, give water away, permit water to be taken or carried away, use or apply water to the use or benefit of another, or to any use and benefit other than the person's own, or increase the supply of water. This shall include the furnishing of water from one building connected to the Municipal Water System, to another building. 2,5 All pipes, valves, fittings and other equipment between the water main and the street line shall remain the property of the Township. 2.6 The Township does not guarantee the continuous supply, quality, or pressure of water from a Municipal Water System. The Township is not liable for damage caused by the breaking of any services pipe or attachment, or for shutting off of water to repair or to tap mains, if reasonable notice of the intention to shut off the water is given. The Township is not liable for damage caused by emergency water main breaks or service breaks or attachments for shutting water off to repair the emergency situation. No notice of intention to shut water off is required during emergency repair activities. 2.7 The Director of Transportation and Environmental Services shall be responsible for the operation and maintenance of all Municipal Water Systems, including required testing, servicing, and the removal of snow from around all hydrants, as deemed necessary. Page 207 of 226 15h) A By -law to Enter into a Water Serv... 2.8 The Director of Transportation and Environmental Services, or other duly authorized employee, in the case of an emergency, which may imperil the supply or quality of water, may shut off the Municipal Water Supply and take such remedial action as may be necessary. Such remedial action may include limiting or stopping up the supply of water in any area or restricting the use of water for any specific purpose. a REQUIREMENT FOR CONNECTION TO AND REGULATION OF MUNICIPAL WATER SYSTEM 3.1 Every Owner of property located within a Municipal Water Area who wishes to connect an existing building to the Municipal Water System may apply, in writing, to the Director of Transportation and Environmental Services. 3.2 Every new residence constructed on a property located within a Municipal Water Area shall be connected to the Municipal Water System. An application for connection to the Municipal Water System shall be filed prior to the issuance of a building permit, and shall be accompanied by the connection fee as established by By -law. 3.3 The Township reserves the right to refuse any application for connection to the Municipal Water System if the existing system is at capacity, or where excess capacity has been allocated to other properties within the Municipal Water Area. 3.4 An Owner may apply, in writing, to Council for an exemption from connection to a Municipal Water System. Council shall consider all requests and may grant an exemption, unless such exemption would be at variance to any written requirement, order or approval by a Medical Officer of Health, Public Health Inspector, the Ministry of the Environment, or Ontario Building Code Act. Any exemption granted under this Section shall not relieve the Owner from the payment of any minimum rate under this By -law. 3.5 Notwithstanding Section 3.4, no Owner of a property located within a Municipal Water Area and connected to the Municipal Water Supply shall be granted an exemption in order to disconnect from the Municipal Water System. 3.6 Every building connected to a Municipal Water System shall have a single separate connection, with the exception of a building which contains multiple units. 3.7 Any Owner of a building connected, or to be connected, to a Municipal Water System shall install the connection, as per Township Engineering Standard. 3.8 Every Person who, by act, default, neglect or omission, occasions any loss, damage or injury to any public utility works, or to any plant, machinery, fitting or appurtenances thereof, is liable to the Township therefore. Every Person who willfully or maliciously damages, or causes or knowingly suffers to be damaged, any meter, service pipe, conduit, wire, rod or fitting belonging to the Township, or willfully impairs or knowingly suffers the same to be altered or impaired, so that the meter indicates Tess than the actual amount of the public utility that passes through it, is guilty of an offence and on conviction, is liable to a fine, to the use of the Township, and for the expenses of repairing or replacing the meter, service pipe, conduit, wire, rod, or fitting and double the value of the surplus public utility so consumed, all of which is recoverable under the Provincial Offences Act, R.S.O. 1990, C.P. 33, as amended. 3.9 Any Owner who desires a change in the location, arrangement or size of a Municipal Water Supply Service, shall apply, in writing, to the Director of Transportation and Environmental Services. If a request is granted by the Director of Transportation and Environmental Services, costs incurred by the Township shall be payable as a condition of the granting of the request and shall be collectable by the Township as a charge against the benefiting lands. Page 208 of 226 15h) A By -law to Enter into a Water Serv... 3.10 Where any auxiliary water supply exists in any building connection to a Municipal Water System, approved backflow protection shall be installed. This requirement shall include the handling of processed waters, and waters originating from the Municipal Water system, which may have been, or may be subjected to, deterioration in sanitary quality. Backflow protection devices shall be installed where internal cross connections exist. All property Owners with swimming pools, in ground or above ground, shall install a backflow prevention device on all outside water taps. 3.11 Any Owner desiring to have the Municipal Water Supply turned off or on for any reason whatsoever, shall apply, in writing, to the Director of Transportation and Environmental Services, who may direct that the water be turned on or off. 3.12 A Disconnection/Re Connection Fee, as established by By -law, shall be charged by the Township for turning off or on the Municipal Water Supply, where such action is necessitated by: 3.12.1 a written request by the Owner; or 3.12.2 non payment of a water bill; or 3.12.3 failure to provide access to a meter 4. WATER USEAGE AND RESTRICTIONS 4.1 No Person shall willfully let off or discharge water so that the water runs waste or useless out of the Municipal Water System. 4.2 The Township reserves the right to tum off the Municipal Water Supply to any house, building or other place supplied with water from the Water Works, as deemed necessary by the Director of Transportation and Environmental Services, to stop and prevent waste. 4.3 Failure to comply with any requirements relative to the protection of a Municipal Water Supply shall be sufficient reason for immediate discontinuance of water service by the Township, until such time as it is determined that the requirements of the Township, Ontario Building Code Act, any order or approval by a Medical Officer of Health, Public Health Inspector, or Ministry of the Environment, have been met. 4.4 The Director of Transportation and Environmental Services, or other duly authorized employee, may take such measures, as it is deemed necessary, to regulate or suspend any or all use of water distributed through a hose, or any other attachment, for street, lawn or garden watering, or for any fountain or object, or for any other similar purpose. The watering of lawns or gardens, or filling of swimming pools, are not deemed to be a domestic use under the terms of the By -law and may be prohibited, from time to time, by Resolution of Council, and the Director of Transportation and Environmental Services is hereby authorized to take all such action, as may be necessary, to immediately terminate the supply of water to any property served by the Municipal Water System in the event of a breach of such an order. 4.5 No person shall, from a Municipal Water System, water or sprinkle, or cause or permit the watering or sprinkling of any lawn, garden, tree, shrub or other outdoor plant, or fill swimming pools, in the Township of Oro Medonte through a hose or other attachment except between the hours of 7:00 p.m. 11:00 p.m. subject to the following: a) Owners or tenants of properties with a municipal address with an even number are permitted to water lawns and gardens, or fill swimming pools within the designated times, on even numbered days of the month; b) Owners or tenants of properties with a municipal address with an odd number are permitted to water lawns and gardens, or fill swimming pools within the designated times, on odd numbered days of the month; c) Owners of newly seeded and/or sodded lawns, upon proof of installation and subject to the approval of the Director of Transportation and Environmental Services or his designate, may be permitted to water their lawn for fourteen (14) consecutive days regardless of the day designated under these water restrictions; Page 209 of 226 15h) A By -law to Enter into a Water Serv... d) Owners of properties which have been sprayed for insects, upon proof of such spraying and subject to the approval of the Director of Transportation and Environmental Services or his designate, may be permitted to water their lawn for seven (7) consecutive days regardless of the day designated under these water restrictions. e) Owners of properties with mechanized automated irrigation systems may, subject to 4.5 a) and b), be exempt from watering between 7:00 p.m. and 11:00 p.m. and by written request to the Director of Transportation and Environmental Services be permitted to water between the hours of 12:01 a.m and 4:00 a.m. 5. METERS 5.1 The Township shall require meters for the purpose of measuring the supply of water to any building, subject to the following; 5.1.1 Meters shall be required for all new Residential, Commercial and Industrial buildings to be constructed on properties lying within a Municipal Water Area at the cost of the Owner. 5.1.2 Meters shall be required for all existing Residential, Commercial and Industrial buildings located within a Municipal Water Area. (i) When the Township determines that water meters shall be installed in existing buildings located within a Municipal Water Area, meters shall be installed by the Township and the cost, therefore, shall be charged to the applicable Municipal Water Area. 5.1,3 One (1) meter shall be required for each unit within any Residential, commercial and /or Industrial building. The Director of Transportation and Environmental Services may waive the requirement for separate meters where, in the opinion of the Director of Transportation and Environmental Services, the existing water service prevents the installation of multiple meters. The waiving of this requirement does not relieve the Owner from any minimum rate which may be assessed against each unit under this By -law. 5.2 Interior and exterior meters shall remain the property of the Township and shall not be boxed in such a manner as to prohibit them from being read, examined or removed. 5.3 Interior meters shall be located in a safe and convenient space, free from charge or rent, in a heated room suitable for this purpose, as close as possible to the entrance of the service pipe into the building. The inside meter shall be mounted in such a manner as to be fully braced to prevent movement. 5.4 Free access shall be afforded to such meters and their connections for Persons authorized by the Township whenever such access is required. 5.5 Where the Township has reason to believe that a meter is inoperable and is unable to gain access thereto for inspection and repair, the following steps will be taken; 1) Written notice will be left at the premises requesting access to the meter 2) A phone call will be made requesting access to the meter 3) A Registered letter will be sent requesting access to the meter Upon confirmation of receipt of the registered letter the property will be moved to an annual flat rate of $1200 /unit until such time as access is granted and the meter operable. Page 210 of 226 15h) A By -law to Enter into a Water Serv... 5.6 The owner shall be responsible for the security of the meter, and other Township equipment, and shall pay the Township the value of such meter and equipment should any damage or loss occur which is, in the opinion of the Director of Transportation and Environmental Services, due to circumstances beyond normal wear and tear. 5.7 No Person other than an authorized employee or agent of the Township shall be permitted to remove, inspect or repair the meter or other equipment of the Township's Water Works. 5.8 No Person shall willfully alter a meter placed on any service pipe or connected therewith, within or outside any building or other place, so as to lessen or alter the amount of water registered. 6. FIRE HYDRANTS 6.1 No Person shall use hydrants connected to any Municipal Water System, other than; 6.1.1 employees or volunteer firefighters authorized by the Fire Chief; 6.1.2 employees authorized by the Director of Transportation and Environmental Services. 6.1.3 persons having written permission from the Township to use the hydrants, under the supervision of the Director of Transportation and Environmental Services. 6.2 No Person shall, without approval of the Director of Transportation and Environmental Services or Fire Chief, willfully open or close any hydrant. 6.3 No Person shall, obstruct the access to any hydrant; curb stop, chamber, pipe or hydrant or sample station. 7. OFFENCES AND PENALTIES 7.1 Every Person is guilty of an offence and upon conviction, shall be liable to the fines and penalties prescribed by the Provincial Offences Act; 7.1.1 who willfully hinders or interrupts, or causes or procures to be hindered or interrupted, the Township, its officers, contractors, agents, servants or workers in the exercise of any of the powers conferred under this By -law; or; 7.1.2 who contravenes or fails to comply with any provision of this By -law 7.2 The conviction of an offender upon the breach of any provisions of this by-law shall not operate as a bar to a prosecution against the same offender upon any continued or subsequent breach of any provision. Section 442 of the Municipal Act, 2001, S.O. 2001, c.25, as amended from time to time, shall further apply to any continued or repeated breach of this By -law. 7.3 If any court of competent jurisdiction finds that any of the provisions of this By- law are ultra vires the jurisdiction of council, or are invalid for any reason, such provision shall be deemed to be severable and shall not invalidate any of the other provisions of the By -law, which shall remain in full force and effect. 8. MISCELLANEOUS 8.1 If any provision of this By -law is inconsistent with the Municipal Act, or any other Act, the Provisions of the applicable Act shall prevail. 8.2 A word interpreted in the singular number has a corresponding meaning when used in the plural. Where a word references the masculine gender it shall also include female. 8.3 That this By -law may be cited as the 'Water Regulation By- law Page 211 of 226 15h) A By -law to Enter into a Water Serv... 4 4, /-4.r, -t:rp• p' 41°Illigrr 4 0' 9. REPEAL 9.1 That the Township of Oro- Medonte hereby repeals By -law No.'s 2003 -25 and 2004 -024. 10. ENACTMENT That this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST AND SECOND TIME THIS 29 DAY OF JUNE, 2009. BY -LAW READ A THIRD TIME AND FINALLY PASSED THIS 29 DAY OF 2009. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. H hes c resin Page 212 of 226 15h) A By -law to Enter into a Water Serv... 1. Definitions For the purpose of this Schedule: SCHEDULE `J' TO BY -LAW NO. 2010-093 WATER 1.1 "Municipal Water Area" shall mean a subdivision within The Corporation of the Township of Oro Medonte. 1.2 "Municipal Water Systems" shall include all water works established within the present Township of Oro Medonte, and shall further include any present or future extensions to the water works under any Act or under an agreement between the Township or its predecessors, but shall not include any private water works which have not been acquired, established, maintained or operated by the Township or its predecessors. 1.3 "Owner" shall mean the assessed owner(s) as identified on the Assessment Roll for taxation purposes during the current year, as amended. 1.4 'Treasurer" shall mean the Treasurer of The Corporation of the Township of Oro Medonte. 1.5 "Unit" shall mean an assessed or assessable unit within a residential, commercial or industrial building, and shall include an apartment located within a single family dwelling which is serviced by the Township Water System, as permitted under the applicable Zoning By -law. 1.6 "Vacant Lot" means any property not connected to a municipal water system to which water service is available. 1.7 'Water Works" means any works for the collection, production, treatment, storage, supply and distribution of water, or any part of such works, but does not include plumbing or other works to which the Ontario Building Code Act and its regulations apply. 2. Water Charges, Billing and Collection 2.1 As soon as the water connection installation is approved by the Township Inspector, he shall forthwith turn the water on for the owner. The owner will then be charged at the appropriate water rate, as per Schedule V. 2.2 At the end of each quarter, the duly authorized employee shall read, or cause to be read, all meters connected to the Municipal Water System to determine the amount of water used during the quarter. 2.3 The Treasurer shall calculate water charges to be assessed against each unit and vacant lot in a Municipal Water Area, in accordance with the quarterly charges and rates per cubic meter as set out in Schedule `J'. 2.4 The Treasurer shall, for each calendar quarter, issue bills to each unit or vacant lot based on the applicable water charge or rate. Water bills shall be due and payable not Tess than twenty -one (21) days from the date of mailing. 2.5 Water payments shall be payable to The Corporation of the Township of Oro Medonte and may be paid during office hours in person or by mail at the Oro Medonte Administration Office, 148 Line 7 South, Box 100, Oro, On LOL 2X0, or at most financial institutions. Water payments made at a financial institution shall be deemed to be paid on the date shown by the Teller's stamp on the bill stub. The Township shall not be responsible for any applicable service charge payable to the bank. Cheques only can be dropped at the drop boxes located at the Administration Office and Moonstone Fire Hall. Page 19 of 22 Page 213 of 226 15h) A By -law to Enter into a Water Serv... SCHEDULE "J" TO BY -LAW NO. 2010-093 WATER continued... 2.6 The Treasurer shall impose a five (5) percent late charge on all unpaid accounts on the day after the due date. 2.7 If an account remains unpaid, the Township may collect amounts payable pursuant to Section 398(2) of the Municipal Act, 2001, c. 25, as amended. Water Rates and Charges 3.1 Consumption Charge Each unit shall be assessed a consumption charge at the rate of $1.90 per cubic meter (m 3,2 Infrastructure Renewal Charge Each unit and vacant lot shall be assessed on infrastructure renewal charge of $50 per quarter ($200 annually). 3.3 Flat Rate Non Metered Units Owners on municipal water systems who do not allow access to their homes for the purpose of the installation or repair of water meters will, after three notices, be charged $300 per quarter ($1,200 annually). 3.4 Flat Rate (a) Horseshoe Oro Plan 1587 $150 per quarter ($600 annually) (b) Horseshoe Medonte Plan 1531, M -10, M -11, M -23 $150 per quarter ($600 annually) (c) Pine Ridge Ski Club $900 per quarter ($3,600 annually) 3.5 Other Charges (a) Connection Fee Inspection $200 (b) Disconnection and Reconnection Charge $50 each 3.6 Where no quarterly water meter reading can be obtained, the unit shall be automatically charged a consumption charge of $100.00, per quarter, until the meter reading is obtained or the requirements under Section 3.3 have been completed by the municipality. 4. Water Meter Package 4.1 Includes meter, back flow preventer, angle meter valve, expansion tank, wire and MXU $394.50 plus applicable taxes Page 20 of 22 Page 214 of 226 151) A By -law to Enter into a Water Serv... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010 -163 A By -law to Enter into a Water Service Connection Agreement between The Corporation of the Township of Oro Medonte and Modco Investments Ltd. WHEREAS Section 11 of the Municipal Act 2001, S.O. 2001, c. 25, as amended, authorizes the Council of a Municipality to pass a by -law respecting water distribution; AND WHEREAS the Applicant has requested permission from the Municipality to connect to a municipal water system (Sugarbush Water System); AND WHEREAS the Municipality is prepared to grant permission to connect to a municipal water system Sugarbush Water System) upon certain terms and conditions; NOW THEREFORE the Council of the Township of Oro Medonte hereby enacts as follows: 1. That the Mayor and Clerk be authorized to execute the Water Service Connection Agreement, shown as Schedule "A" attached hereto and forming part of this By- law. 2. That this By -law shall come into full force and effect on its final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 8 DAY OF SEPTEMBER, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 215 of 226 15i) A By -law to Enter into a Water Serv... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE WATER SERVICE CONNECTION AGREEMENT THIS Agreement made, in triplicate, this day of 2010. BETWEEN: Rene DeMartini CSO Harry Hughes, Mayor Doug Irwin, Clerk 1 Modco Investments Ltd. Hereinafter referred to as the "Registered Owner" and THE CORPORATION OF THE TOWNSHIP OF ORO MEDONTE Hereinafter referred to as the "Municipality" A description of the land affected by this Agreement is as follows: Block A, Plan M30 ORO, Designated as Part 1 on Plan 51 R -37169 Being all of PIN 74057 -0489 (LT) Roll 4346 -010 -003 -1480 (Lot 13) The Municipality has entered into this Agreement on the day of 2010. The Registered Owner agrees to comply with all the terms and conditions as set out in the Corporation of the Township of Oro Medonte By -law No. 2009 -082 (a By -law to regulate Municipal Water Systems within the Township of Oro Medonte) and the "Water" Schedule of the Township's Fees and Charges By -law attached hereto. The Registered Owner acknowledges and agrees that all costs to connect to the municipal water system shall be at their cost, including, but not limited to, all labour, material and water meter. The Registered Owner acknowledges and agrees that future repairs or upgrades to the water service line located on private property are the responsibility of the Registered Owner. The Registered Owner acknowledges and agrees that the Township of Oro Medonte does not guarantee water pressure and that either now or in the future, the Registered Owner may be required to install and maintain equipment to satisfy pressure. MO D NTS LTD. THE CORPORATION OF THE TOWNSHIP OF ORO- IVIEDONTE Page 216 of 226 151) A By -law to Enter into a Water Serv... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2009 -082 Being a By -law to Regulate Municipal Water Systems within The Township of Oro Medonte and to Repeal By -law No.'s 2003 -25 and 2004 -024 WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality may pass By -laws respecting matters related to water production, treatment, storage and distribution; AND WHEREAS Section 79 of the Municipal Act, 2001, c.25, as amended, provides that if a municipality has the consent of an Owner or occupant to connect a public utility to a part of a building and other parts of the building belonging to different Owners, or are in possession of different occupants, the municipality may, at reasonable times, without consent, enter on their land and install, construct and maintain pipes, wires, equipment, machinery, and other works necessary to make the connection; AND WHEREAS Section 80 of the Municipal Act, 2001, S.Q. 2001, c.25, as amended, provides that a municipality may, at reasonable times, enter on land to which it supplies a public utility; To inspect, repair, alter or disconnect the service pipe or wire, machinery, equipment and other works used to supply the public utility; To inspect, install, repair, replace or alter a public utility meter; To shut off the supply of the public utility and remove any property of the municipality if the customer discontinues the use of a public utility on land, or a municipality lawfully decides to cease supplying the public utility to the land; To determine whether the public utility has been or is being unlawfully used. AND WHEREAS the Council of The Corporation of the Township of Oro Medonte deems it desirable and necessary to pass a By -law to regulate the Municipal Water Systems within the Township; NOW THEREFORE the Council of the Township of Oro Medonte hereby enacts as fol lows: 1. Definitions For the purpose of this By -law: 1.1 "Council" shall mean the Council of The Corporation of the Township of Oro Medonte. 1.2 "Fire Chief" shall mean the Fire Chief of the Township of Oro Medonte Fire and Emergency Services Department. 1.3 "Municipal Water Area" shall mean a subdivision or designated area within The Corporation of the Township of Oro Medonte, serviced by a Municipal Water System. 1.4 "Municipal Water Supply" shall mean the water supplied from a Municipal Water System. 1.5 "Municipal Water Systems" shall include all water works established within the present Township of Oro Medonte, and shall further include any present or future extensions to the water works under any Act or under an agreement between the Township or its predecessors, but shall not include any private waterworks which have not been acquired, established, maintained or operated by the Township or its predecessors. Page 217 of 226 15i) A By -law to Enter into a Water Serv... 1.6 "Owner" shall mean the assessed Owner(s) as identified on the Assessment Roll for Taxation Purposes during the current year, as amended. 1.7 "Person" shall mean an individual human being, his/her personal agent, heir, successors and assigns, and shall include a corporation with or without share capital. 1.8 "Director of Transportation and Environmental Services" shall mean the Director of Transportation and Environmental Services of the Township of Oro Medonte and /or his designate. 1.9 "Duly Authorized Employee" shall mean any employee authorized by Council. 1.10 "Township" shall mean The Corporation of the Township of Oro- Medonte. 1.11 "Unit" shall mean an assessed or assessable unit within a Residential, Commercial or Industrial building and shall include an apartment located within a single family dwelling, which is serviced by the Township Water System, as permitted under the applicable Zoning By -law. 1.12 'Water Works" means any works for the collection, production, treatment, storage, supply, and distribution of water, or any part of such works, but does not include plumbing or other works to which the Ontario Building Code Act and its regulations apply_ 2. GENERAL PROVISIONS 2.1 This By -law shall apply to all Municipal Water Systems located within the geographical boundaries of the Township. 2.2 No person shall lay, or cause to be laid, any pipe or main to communicate with any pipe or main of the Municipal Water System, or in any way obtain or use the Municipal Water Supply without consent of the Township. 2.3 Any extensions or connections to a Municipal Water System shall be constructed in accordance with the Township of Oro Medonte Engineering Standards. 2.4 No person, being an Owner, tenant, occupant or inmate of any house or building or other place supplied with water from the Municipal Water System, shall improperly waste water or, without the consent of the Director of Transportation and Environmental Services, lend, sell or dispose of water, give water away, permit water to be taken or carried away, use or apply water to the use or benefit of another, or to any use and benefit other than the person's own, or increase the supply of water. This shall include the furnishing of water from one building connected to the Municipal Water System, to another building. 2.5 All pipes, valves, fittings and other equipment between the water main and the street Tine shall remain the property of the Township. 2.6 The Township does not guarantee the continuous supply, quality, or pressure of water from a Municipal Water System. The Township is not liable for damage caused by the breaking of any services pipe or attachment, or for shutting off of water to repair or to tap mains, if reasonable notice of the intention to shut off the water is given. The Township is not liable for damage caused by emergency water main breaks or service breaks or attachments for shutting water off to repair the emergency situation. No notice of intention to shut water off is required during emergency repair activities. 2.7 The Director of Transportation and Environmental Services shall be responsible for the operation and maintenance of all Municipal Water Systems, including required testing, servicing, and the removal of snow from around all hydrants, as deemed necessary. Page 218 of 226 15i) A By -law to Enter into a Water Serv... 2.8 The Director of Transportation and Environmental Services, or other duly authorized employee, in the case of an emergency, which may imperil the supply or quality of water, may shut off the Municipal Water Supply and take such remedial action as may be necessary. Such remedial action may include limiting or stopping up the supply of water in any area or restricting the use of water for any specific purpose. REQUIREMENT FOR CONNECTION TO AND REGULATION OF MUNICIPAL WATER SYSTEM 3.1 Every Owner of property located within a Municipal Water Area who wishes to connect an existing building to the Municipal Water System may apply, in writing, to the Director of Transportation and Environmental Services. 3.2 Every new residence constructed on a property located within a Municipal Water Area shall be connected to the Municipal Water System. An application for connection to the Municipal Water System shall be filed prior to the issuance of a building permit, and shall be accompanied by the connection fee as established by By -law. 3.3 The Township reserves the right to refuse any application for connection to the Municipal Water System if the existing system is at capacity, or where excess capacity has been allocated to other properties within the Municipal Water Area. 3.4 An Owner may apply, in writing, to Council for an exemption from connection to a Municipal Water System. Council shall consider all requests and may grant an exemption, unless such exemption would be at variance to any written requirement, order or approval by a Medical Officer of Health, Public Health Inspector, the Ministry of the Environment, or Ontario Building Code Act. Any exemption granted under this Section shall not relieve the Owner from the payment of any minimum rate under this By -law. 3.5 Notwithstanding Section 3.4, no Owner of a property located within a Municipal Water Area and connected to the Municipal Water Supply shall be granted an exemption in order to disconnect from the Municipal Water System. 3.6 Every building connected to a Municipal Water System shall have a single separate connection, with the exception of a building which contains multiple units. 3.7 Any Owner of a building connected, or to be connected, to a Municipal Water System shall install the connection, as per Township Engineering Standard. 3.8 Every Person who, by act, default, neglect or omission, occasions any loss, damage or injury to any public utility works, or to any plant, machinery, fitting or appurtenances thereof, is liable to the Township therefore. Every Person who willfully or maliciously damages, or causes or knowingly suffers to be damaged, any meter, service pipe, conduit, wire, rod or fitting belonging to the Township, or willfully impairs or knowingly suffers the same to be altered or impaired, so that the meter indicates Tess than the actual amount of the public utility that passes through it, is guilty of an offence and on conviction, is liable to a fine, to the use of the Township, and for the expenses of repairing or replacing the meter, service pipe, conduit, wire, rod, or fitting and double the value of the surplus public utility so consumed, all of which is recoverable under the Provincial Offences Act, R.S.O. 1990, C.P. 33, as amended. 3.9 Any Owner who desires a change in the location, arrangement or size of a Municipal Water Supply Service, shall apply, in writing, to the Director of Transportation and Environmental Services. If a request is granted by the Director of Transportation and Environmental Services, costs incurred by the Township shall be payable as a condition of the granting of the request and shall be collectable by the Township as a charge against the benefiting lands. Page 219 of 226 15i) A By -law to Enter into a Water Serv... 3.10 Where any auxiliary water supply exists in any building connection to a Municipal Water System, approved backflow protection shall be installed. This requirement shall include the handling of processed waters, and waters originating from the Municipal Water system, which may have been, or may be subjected to, deterioration in sanitary quality. Backflow protection devices shall be installed where internal cross connections exist. All property Owners with swimming pools, in ground or above ground, shall install a backflow prevention device on all outside water taps. 3.11 Any Owner desiring to have the Municipal Water Supply turned off or on for any reason whatsoever, shall apply, in writing, to the Director of Transportation and Environmental Services, who may direct that the water be turned on or off. 3.12 A Disconnection/Re Connection Fee, as established by By -law, shall be charged by the Township for turning off or on the Municipal Water Supply, where such action is necessitated by: 3,12.1 a written request by the Owner; or 3.12.2 non payment of a water bill; or 3.12.3 failure to provide access to a meter 4. WATER USEAGE AND RESTRICTIONS 4,1 No Person shall willfully let off or discharge water so that the water runs waste or useless out of the Municipal Water System. 4.2 The Township reserves the right to turn off the Municipal Water Supply to any house, building or other place supplied with water from the Water Works, as deemed necessary by the Director of Transportation and Environmental Services, to stop and prevent waste. 4.3 Failure to comply with any requirements relative to the protection of a Municipal Water Supply shall be sufficient reason for immediate discontinuance of water service by the Township, until such time as it is determined that the requirements of the Township, Ontario Building Code Act, any order or approval by a Medical Officer of Health, Public Health Inspector, or Ministry of the Environment, have been met. 4.4 The Director of Transportation and Environmental Services, or other duly authorized employee, may take such measures, as it is deemed necessary, to regulate or suspend any or all use of water distributed through a hose, or any other attachment, for street, lawn or garden watering, or for any fountain or object, or for any other similar purpose. The watering of lawns or gardens, or filling of swimming pools, are not deemed to be a domestic use under the terms of the By -law and may be prohibited, from time to time, by Resolution of Council, and the Director of Transportation and Environmental Services is hereby authorized to take all such action, as may be necessary, to immediately terminate the supply of water to any property served by the Municipal Water System in the event of a breach of such an order. 4.5 No person shall, from a Municipal Water System, water or sprinkle, or cause or permit the watering or sprinkling of any lawn, garden, tree, shrub or other outdoor plant, or fill swimming pools, in the Township of Oro Medonte through a hose or other attachment except between the hours of 7:00 p.m. 11:00 p.m. subject to the following: a) Owners or tenants of properties with a municipal address with an even number are permitted to water lawns and gardens, or fill swimming pools within the designated times, on even numbered days of the month; b) Owners or tenants of properties with a municipal address with an odd number are permitted to water lawns and gardens, or fill swimming pools within the designated times, on odd numbered days of the month; c) Owners of newly seeded and /or sodded lawns, upon proof of installation and subject to the approval of the Director of Transportation and Environmental Services or his designate, may be permitted to water their lawn for fourteen (14) consecutive days regardless of the day designated under these water restrictions; Page 220 of 226 151) A By -law to Enter into a Water Serv... d) Owners of properties which have been sprayed for insects, upon proof of such spraying and subject to the approval of the Director of Transportation and Environmental Services or his designate, may be permitted to water their lawn for seven (7) consecutive days regardless of the day designated under these water restrictions. e) Owners of properties with mechanized automated irrigation systems may, subject to 4.5 a) and b), be exempt from watering between 7:00 p.m. and 11:00 p.m. and by written request to the Director of Transportation and Environmental Services be permitted to water between the hours of 12:01 a.m and 4 :00 a.m. 5. METERS 5.1 The Township shall require meters for the purpose of measuring the supply of water to any building, subject to the following; 5.1.1 Meters shall be required for all new Residential, Commercial and Industrial buildings to be constructed on properties Tying within a Municipal Water Area at the cost of the Owner, 5.1.2 Meters shall be required for all existing Residential, Commercial and Industrial buildings located within a Municipal Water Area. (1) When the Township determines that water meters shall be installed in existing buildings located within a Municipal Water Area, meters shall be installed by the Township and the cost, therefore, shall be charged to the applicable Municipal Water Area. 5.1.3 One (1) meter shall be required for each unit within any Residential, commercial and /or Industrial building. The Director of Transportation and Environmental Services may waive the requirement for separate meters where, in the opinion of the Director of Transportation and Environmental Services, the existing water service prevents the installation of multiple meters. The waiving of this requirement does not relieve the Owner from any minimum rate which may be assessed against each unit under this By -law. 5.2 Interior and exterior meters shall remain the property of the Township and shall not be boxed in such a manner as to prohibit them from being read, examined or removed. 5.3 Interior meters shall be located in a safe and convenient space, free from charge or rent, in a heated room suitable for this purpose, as close as possible to the entrance of the service pipe into the building. The inside meter shall be mounted in such a manner as to be fully braced to prevent movement. 5.4 Free access shall be afforded to such meters and their connections for Persons authorized by the Township whenever such access is required. 5.5 Where the Township has reason to believe that a meter is inoperable and is unable to gain access thereto for inspection and repair, the following steps will be taken; 1) Written notice will be left at the premises requesting access to the meter 2) A phone call will be made requesting access to the meter 3) A Registered letter will be sent requesting access to the meter Upon confirmation of receipt of the registered letter the property will be moved to an annual flat rate of $1200 /unit until such time as access is granted and the meter operable. Page 221 of 226 151) A By -law to Enter into a Water Serv... 5.6 The owner shall be responsible for the security of the meter, and other Township equipment, and shall pay the Township the value of such meter and equipment should any damage or loss occur which is, in the opinion of the Director of Transportation and Environmental Services, due to circumstances beyond normal wear and tear. 5.7 No Person other than an authorized employee or agent of the Township shall be permitted to remove, inspect or repair the meter or other equipment of the Township's Water Works. 5.8 No Person shall willfully alter a meter placed on any service pipe or connected therewith, within or outside any building or other place, so as to lessen or alter the amount of water registered. 6. FIRE HYDRANTS 6.1 No Person shall use hydrants connected to any Municipal Water System, other than; 6.1.1 employees or volunteer firefighters authorized by the Fire Chief; 6.1.2 employees authorized by the Director of Transportation and Environmental Services. 6.1.3 persons having written permission from the Township to use the hydrants, under the supervision of the Director of Transportation and Environmental Services. 6.2 No Person shall, without approval of the Director of Transportation and Environmental Services or Fire Chief, willfully open or close any hydrant. 6.3 No Person shall, obstruct the access to any hydrant; curb stop, chamber, pipe or hydrant or sample station. 7. OFFENCES AND PENALTIES 7.1 Every Person is guilty of an offence and upon conviction, shall be liable to the fines and penalties prescribed by the Provincial Offences Act; 7.2 The conviction of an offender upon the breach of any provisions of this by -law shall not operate as a bar to a prosecution against the same offender upon any continued or subsequent breach of any provision. Section 442 of the Municipal Act, 2001, S.O. 2001, c.25, as amended from time to time, shall further apply to any continued or repeated breach of this By -law. 7.3 7.1.1 who willfully hinders or interrupts, or causes or procures to be hindered or interrupted, the Township, its officers, contractors, agents, servants or workers in the exercise of any of the powers conferred under this By -law; or; 7.1.2 who contravenes or fails to comply with any provision of this By -law If any court of competent jurisdiction finds that any of the provisions of this By- law are ultra vires the jurisdiction of council, or are invalid for any reason, such provision shall be deemed to be severable and shall not invalidate any of the other provisions of the By -law, which shall remain in full force and effect. 8. MISCELLANEOUS 8.1 If any provision of this By -law is inconsistent with the Municipal Act, or any other Act, the Provisions of the applicable Act shall prevail. 8.2 A word interpreted in the singular number has a corresponding meaning when used in the plural. Where a word references the masculine gender it shall also include female. 8.3 That this By -law may be cited as the 'Water Regulation By- law Page 222 of 226 15i) A By -law to Enter into a Water Serv... 9. REPEAL 9.1 That the Township of Oro Medonte hereby repeals By -law No.'s 2003 -25 and 2004 -024. 10. ENACTMENT That this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST AND SECOND TIME THIS 29 DAY OF JUNE, 2009. BY -LAW READ A THIRD TIME AND FINALLY PASSED THIS 29 DAY OF 2009. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Page 223 of 226 15i) A By -law to Enter into a Water Serv... 1. Definitions For the purpose of this Schedule: the Township of Oro Medonte. SCHEDULE `J' TO BY -LAW NO. 2010 -093 WATER 1.1 "Municipal Water Area" shall mean a subdivision within The Corporation of 1.2 "Municipal Water Systems" shall include all water works established within the present Township of Oro Medonte, and shall further include any present or future extensions to the water works under any Act or under an agreement between the Township or its predecessors, but shall not include any private water works which have not been acquired, established, maintained or operated by the Township or its predecessors. 1.3 "Owner" shall mean the assessed owner(s) as identified on the Assessment Roll for taxation purposes during the current year, as amended. 1.4 "Treasurer" shall mean the Treasurer of The Corporation of the Township of Oro Medonte. 1.5 "Unit" shall mean an assessed or assessable unit within a residential, commercial or industrial building, and shall include an apartment located within a single family dwelling which is serviced by the Township Water System, as permitted under the applicable Zoning By -law. 1.6 "Vacant Lot" means any property not connected to a municipal water system to which water service is available. 11 'Water Works" means any works for the collection, production, treatment, storage, supply and distribution of water, or any part of such works, but does not include plumbing or other works to which the Ontario Building Code Act and its regulations apply. 2. Water Charges, Billing and Collection 2.1 As soon as the water connection installation is approved by the Township Inspector, he shall forthwith turn the water on for the owner. The owner will then be charged at the appropriate water rate, as per Schedule `J'. 2.2 At the end of each quarter, the duly authorized employee shall read, or cause to be read, all meters connected to the Municipal Water System to determine the amount of water used during the quarter. 2.3 The Treasurer shall calculate water charges to be assessed against each unit and vacant lot in a Municipal Water Area, in accordance with the quarterly charges and rates per cubic meter as set out in Schedule `J'. 2.4 The Treasurer shall, for each calendar quarter, issue bills to each unit or vacant lot based on the applicable water charge or rate. Water bills shall be due and payable not less than twenty -one (21) days from the date of mailing. 2.5 Water payments shall be payable to The Corporation of the Township of Oro Medonte and may be paid during office hours in person or by mail at the Oro Medonte Administration Office, 148 Line 7 South, Box 100, Oro, On LOL 2X0, or at most financial institutions. Water payments made at a financial institution shall be deemed to be paid on the date shown by the Teller's stamp on the bill stub. The Township shall not be responsible for any applicable service charge payable to the bank. Cheques only can be dropped at the drop boxes located at the Administration Office and Moonstone Fire Hall. Page 19 of 22 Page 224 of 226 151) A By -law to Enter into a Water Serv... SCHEDULE "J°' TO BY -LAW NO. 2010-093 WATER continued... 2.6 The Treasurer shall impose a five (5) percent late charge on all unpaid accounts on the day after the due date. 2.7 If an account remains unpaid, the Township may collect amounts payable pursuant to Section 398(2) of the Municipal Act, 2001, c. 25, as amended. Water Rates and Charges 3.1 Consumption Charge Each unit shall be assessed a consumption charge at the rate of $1.90 per cubic meter (m 3,2 Infrastructure Renewal Charge Each unit and vacant lot shall be assessed on infrastructure renewal charge of $50 per quarter ($200 annually). 3.3 Flat Rate Non Metered Units Owners on municipal water systems who do not allow access to their homes for the purpose of the installation or repair of water meters will, after three notices, be charged $300 per quarter ($1,200 annually). 3.4 Flat Rate (a) Horseshoe Oro Plan 1587 $150 per quarter ($600 annually) (b) Horseshoe Medonte Plan 1531, M -10, M -11, M -23 $150 per quarter ($600 annually) (c) Pine Ridge Ski Club $900 per quarter ($3,600 annually) 3.5 Other Charges (a) Connection Fee Inspection $200 (b) Disconnection and Reconnection Charge $50 each 3,6 Where no quarterly water meter reading can be obtained, the unit shall be automatically charged a consumption charge of $100.00, per quarter, until the meter reading is obtained or the requirements under Section 3.3 have been completed by the municipality. 4. Water Meter Package 4.1 Includes meter, back flow preventer, angle meter valve, expansion tank, wire and MXU $394.50 plus applicable taxes Page 20 of 22 Page 225 of 226 16a) Being a By -Law to Confirm the Proce... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010 -153 BEING A BY -LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING HELD ON WEDNESDAY, SEPTEMBER 8, 2010 THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE HEREBY ENACTS AS FOLLOWS: 1. THAT the action of the Council at its Council Meeting held on Wednesday, September 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 8 DAY OF SEPTEMBER, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 226 of 226