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)].
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75 -97
98 -104
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108 -133
134 -135
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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.
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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
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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
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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:
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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.
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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.
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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.
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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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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
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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
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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
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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
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Residents affected by drainage
problem.
31 Oneida Ave. The property of Ashley and Josh Reid
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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
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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.
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8b) 6:10 p.m. Sabrina Lavigne Wilson an...
Page 31 of 226
8b) 6:10 p.m. Sabrina Lavigne Wilson an...
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Page 32 of 226
8b) 6:10 p.m. Sabrina Lavigne Wilson an...
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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.
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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.
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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
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i cyi ili...7sti,,..,,, Y •ifn
i4 mis r gt! 1 I r r h it ir e
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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.
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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
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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.
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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
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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.
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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
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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
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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
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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.
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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.
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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.
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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;
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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.
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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.
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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;
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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.
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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
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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;
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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.
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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
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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
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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.
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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
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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
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