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05 25 2011 Council AgendaKc of Proud Heritage, Exciting Future 1. CALL TO ORDER - PRIVATE PRAYER /MOMENT OF REFLECTION: 2. ADOPTION OF AGENDA: a) Motion to Adopt the Agenda. 3. DISCLOSURE OF PECUNIARY INTEREST: 4. CLOSED SESSION ITEMS: a) Motion to go In Closed Session. b) Motion to Rise and Report. c) Doug Irwin, Director of Corporate Services /Clerk, re: Personal matters about an identifiable individual (Accessibility Advisory Committee). d) Doug Irwin, Director of Corporate Services /Clerk, re: Acquisition /disposition of land (Small Crescent). [Addenda] 5. IDENTIFICATION FROM THE PUBLIC OF AN AGENDA ITEM OF INTEREST: 6. MINUTES OF COUNCIL AND COMMITTEES: a) Minutes of Council meeting held on May 18, 2011. 7. RECOGNITION OF ACHIEVEMENTS: None. THE TOWNSHIP OF ORO- MEDONTE COUNCIL MEETING AGENDA COUNCIL CHAMBERS Wednesday, May 25, 2011 6:30 p.m. - Closed Session 7:00 p.m. - Open Session 8. PUBLIC MEETINGS: None. 9. DEPUTATIONS: a) 7:00 p.m. Frank Say, re: Encroachment Located at 187 Shoreline Road, Oro - Medonte. b) 7:10 p.m. Bill Fitzroy and Tim Pierce, re: Paving of Ukranian Camp [subject to Council's approval]. [Addenda] Page 1 of 178 Page 31 -32 33 -45 46 47 -48 49 -107 108 109 -133 Council Meeting Agenda - May 25, 2011. 10. REPORTS OF MUNICIPAL OFFICERS: a) Report No. TES 2011 -05, Jerry Ball, Director of Transportation and Environmental Services re: Water Service Connection Agreements for Lot 2 (Huronwoods Drive) and Lot 14 (Oneida Avenue) — Modco Investments Ltd. [Refer to Items 15h) & i)]. b) Report No. DS 2011 -019, Andria Leigh, Director of Development Services, re: Mandatory Septic Maintenance Inspection Program [deferred from May 18, 2011 meeting and to be brought forward to June 1, 2011 meeting]. c) Report No. DS 2011 -020, Andria Leigh, Director of Development Services, re: Proposed Official Plan Amendment and Zoning By -law Applications: 2011 - OPA-01 & 2011- ZBA -01, Wolf Steel Ltd, North Part of Lot 10, Concession 1 (Oro), Township of Oro - Medonte [Refer to Items 15a) & b)]. 11. REPORTS OF MEMBERS OF COUNCIL: a) Mayor H.S. Hughes, Councillors Crawford and Lancaster, re: Environmental Roundtable (ER) Report [to be distributed under separate cover]. 12. CONSENT AGENDA: a) Announcements of Interest to the Public. 1. Carley Hall Square Dance, Saturday, June 4, 2011, 7:30 -10:30 p.m. 2. Eady 14th Annual Garage, Plant & Bake Sale, Saturday, June 4, 2011, 8:00a.m.- 2:00p.m. b) Correspondence dated May 12, 2011 from Gayle Wood, CAO, Lake Simcoe Region Conservation Authority, re: 2011 LSRCA - Budget and Municipal Levies. Staff Recommendation: Receive 13. COMMUNICATIONS: a) Correspondence received May 16, 2011 from John Duddy, re: Request to Waive Refundable Portion of Fee for Rezoning Application #2011 - ZBA -06. 14. NOTICE OF MOTIONS: None. 15. BY -LAWS: a) By -Law No. 2011 -075 A By -law to Adopt an Amendment to the Official Plan of the Township of Oro - Medonte (OPA No. 30- Napoleon -Wolf Steel). 134 -135 b) By -Law No. 2011 -076 A By -Law to Amend the Zoning Provisions on Lands Described as Follows: North Part of Lot 10, Concession 1, 2621 Gore Road (Oro), Township of Oro - Medonte, County of Simcoe, Roll # 4346 -010- 006 -15200 Page 2 of 178 Page 141 -142 d) 143 -144 e ) 145 -146 f) 147 -153 g ) 154 -165 h) 166 -177 i) 178 Council Meeting Agenda - May 25, 2011. 15. BY -LAWS: 136 -140 c) By -Law No. 2011 -078 A By -law to Authorize the Execution of a Contract between The Township of Oro - Medonte and The Orillia Public Library Board For a Term of One Year And to Repeal By -law No. 2010 -125. By -Law No. 2011 -079 Being a By -law to Authorize the Execution of a Contract between the Township of Oro - Medonte and the Barrie Public Library Board for a Term of One Year and to Repeal By -Law No. 2010 -126. By -Law No. 2011 -080 A By -law to Authorize the Execution of a Contract between The Township of Oro - Medonte and The Midland Public Library Board For a Term of One Year and to Repeal By -law No. 2010 -127. By -Law No. 2011 -081 A By -law to Authorize the Execution of a Contract between The Township of Oro - Medonte and The Coldwater Public Library Board For a Term of One Year and to Repeal By -law No. 2010 -128. By -Law No. 2011 -082 A By -Law to Enter into an Agreement with The Ontario Society for the Prevention of Cruelty to Animals to Provide Pound Keeper Services and to Repeal By -Law No. 2010 -005. By -Law No. 2011 -083 A By -law to Enter into a Water Service Connection Agreement between The Corporation of the Township of Oro - Medonte and Modco Investments Ltd., Being all of PIN 74057 -0536 (Lt), Roll # 4346- 010- 003 -14800 (Lot 2). By -Law No. 2011 -084 A By -law to Enter into a Water Service Connection Agreement between The Corporation of the Township of Oro - Medonte and Modco Investments Ltd., Being all of PIN 74057 -0551 (Lt), Roll # 4346- 010- 003 -20900 (Lot 14). 16. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM: 17. CLOSED SESSION ITEMS (UNFINISHED ITEMS): 18. CONFIRMATION BY -LAW: a) By -Law No. 2011 -077 Being a By -Law to Confirm the Proceedings of the Council Meeting Held on Wednesday, May 25, 2011. Page 3 of 178 Page Council Meeting Agenda - May 25, 2011. 19. ADJOURNMENT: a) Motion to Adjourn. Page 4 of 178 6a) - Minutes of Council meeting held on M... THE TOWNSHIP OF ORO- MEDONTE Township of REGULAR COUNCIL MEETING MINUTES Council Chambers Proud Heritage, Exririsug Future Wednesday, May 18, 2011 TIME: 9:05 a.m. Present: Mayor H.S. Hughes Deputy Mayor Ralph Hough Councillor Kelly Meyer Councillor Marty Lancaster Councillor John Crawford Councillor Dwight Evans Regrets: Councillor Mel Coutanche 2010 - 2014 COUNT Staff Present: Robin Dunn, Chief Administrative Officer; Paul Gravelle, Director of Finance /Treasurer /Deputy CAO: Doug Irwin, Director of Corporate Services /Clerk; Andria Leigh, Director of Development Services; Donna Hewitt, Director of Corporate & Strategic Initiatives; Jerry Ball, Director of Transportation and Environmental Services; Shawn Binns, Director of Recreation and Community Services; Hugh Murray, Deputy Fire Chief; Kim Allen, Chief Building Official; Tamara Obee, Manager of Health and Safety, Human Resources; Samah Othman, Executive Assistant /Corporate Communications Specialist; Darcy Brooke - Bisschop, Administrative Assistant Also Present: Wendy Parkinson, Joanie Spence, Brandi Clement — The Jones Consulting Group, Bruce Bateman, Jan Novak 1. CALL TO ORDER - PRIVATE PRAYER/MOMENT OF REFLECTION: Mayor H.S. Hughes assumed the Chair and called the meeting to order followed by a private prayer /moment of reflection. Page 1 of 21 Page 5 of 178 6a) - Minutes of Council meeting held on M... Council Meeting Minutes — May 18, 2011 2. ADOPTION OF AGENDA: a) Motion to Adopt the Agenda. Motion No. C110518 -1 Moved by Hough, Seconded by Meyer Be it resolved that the agenda for the Council meeting of Wednesday, May 18, 2011 be received and adopted as amended to withdraw Items: 10g) Report No. DS 2011 -020, Andria Leigh, Director of Development Services, re: Official Plan Amendment No. 30 — Napoleon /Wolf Steel — Concession 1, North Part Lot 10 (former Township of Oro), municipally known as 2621 Gore Road, Township of Oro - Medonte, 15c) By -law No. 2011 -075: A By -law to Adopt an Amendment to the Official Plan of the Township of Oro - Medonte (OPA No. 30- Napoleon -Wolf Steel) and 15d) By -law No. 2011 -076: Being a Zoning By -law Amendment for Napoleon -Wolf Steel. 3. DISCLOSURE OF PECUNIARY INTEREST: Councillor Crawford declared a pecuniary interest on two of the requests within Item 10h) Shawn Binns, Director of Recreation and Community Services, re: 2011 Grant & Subsidy Requests Budget Allocation as he is a Director of the Oro Agricultural Society as well as a Trustee of the Oro Station Hall. Councillor Crawford left the Chambers and did not participate in the discussion or vote on the matters of the Oro Agricultural Society and the Oro Station Hall. 4. CLOSED SESSION ITEMS: a) Motion to go In Closed Session. Motion No. C110518 -2 Moved by Evans, Seconded by Lancaster Be it resolved that we do now go in Closed Session at 9:10 a.m. to discuss • acquisition /disposition of land; • personal matter affecting an identifiable individual. Carried. Carried. Page 2 of 21 Page 6 of 178 6a) - Minutes of Council meeting held on M... Council Meeting Minutes — May 18, 2011 b) Motion to Rise and Report. Motion No. C110518 -3 Moved by Meyer, Seconded by Hough Be it resolved that we do now Rise at 10:06 a.m. and Report on the Closed Session Items: 4c) Robin Dunn, CAO, Personal matters about an identifiable individual (Staffing Update). 4d) Doug Irwin, Director of Corporate Services /Clerk, re: Acquisition /disposition of land (Line 4 Water Supply). 4e) Doug Irwin, Director of Corporate Services /Clerk, re: Acquisition /disposition of land (Small Crescent). 4f) Doug Irwin, Director of Corporate Services /Clerk, re: Acquisition /disposition of land (Request to Purchase, Parts 3 and 5, Plan 51R-10064). 4g) Mayor H.S. Hughes, re: Personal matters about an identifiable individual (CAO Performance Management). and that Closed Session Item: 4h) Donna Hewitt, Director of Corporate & Strategic Initiatives re: Acquisition /disposition of land (Nurse Practitioner) be brought forward to Item 17 Closed Session Items (Unfinished Items). c) Robin Dunn, CAO, Personal matters about an identifiable individual (Staffing Update). The following staff were present: Robin Dunn, CAO, Doug Irwin, Director of Corporate Services /Clerk; Jerry Ball, Director of Transportation and Environmental Services; Tamara Obee, Manager of Health and Safety, Human Resources. Motion No. C110518 -4 Moved by Crawford, Seconded by Evans Carried. Be it resolved that the confidential verbal information presented by Robin Dunn, CAO, and Doug Irwin, Director of Corporate Services /Clerk, Jerry Ball, Director of Transportation and Environmental Services and Tamara Obee, Manager of Health and Safety, Human Resources re: Personal matters about an identifiable individual (Staffing Update) be received. Carried. Page 3 of 21 Page 7 of 178 6a) - Minutes of Council meeting held on M... Council Meeting Minutes — May 18, 2011 d) Doug Irwin, Director of Corporate Services /Clerk, re: Acquisition /disposition of land (Line 4 Water Supply). The following staff were present: Robin Dunn, CAO, Doug Irwin, Director of Corporate Services /Clerk; Andria Leigh, Director of Development Services; Donna Hewitt, Director of Corporate Strategic Initiatives; Hugh Murray, Deputy Fire Chief. Motion No. C110518 -5 Moved by Meyer, Seconded by Hough Be it resolved 1. That the confidential correspondence dated May 18, 2011 and presented by Doug Irwin, Director of Corporate Services /Clerk, re: Acquisition /disposition of and (Line 4 Water Supply) be received. 2. That Council endorses the parameters identified in the confidential correspondence. 3. And That staff proceed accordingly. Carried. e) Doug Irwin, Director of Corporate Services /Clerk, re: Acquisition /disposition of land (Small Crescent). Motion No. C110518 -6 The following staff were present: Robin Dunn, CAO; Doug Irwin, Director of Corporate Services /Clerk; Andria Leigh, Director of Development Services; Donna Hewitt, Director of Strategic Initiatives. Moved by Crawford, Seconded by Lancaster Be it resolved 1. That the confidential correspondence dated May 9, 2011 and presented by Doug Irwin, Director of Corporate Services /Clerk, re: Acquisition /disposition of land (Small Crescent) be received. 2. That Council is supportive of the principles of the request. 3. That the applicant be advised of Council's decision. 4. And That staff report back accordingly. Carried. Page 4 of 21 Page 8 of 178 6a) - Minutes of Council meeting held on M... Council Meeting Minutes — May 18, 2011 f) Doug Irwin, Director of Corporate Services /Clerk, re: Acquisition /disposition of land (Request to Purchase, Parts 3 and 5, Plan 51R-10064). The following staff were present: Doug Irwin, Director of Corporate Services /Clerk. Motion No. C110518 -7 Moved by Evans, Seconded by Lancaster Be it resolved 1. That Confidential Report No. CS2011 -012, Doug Irwin, Director of Corporate Services /Clerk, re: Acquisition /disposition of land (Request to Purchase, Parts 3 and 5, Plan 51R-10064) be received and adopted. 2. That Motion No. C110427-11 be amended to replace the reference to "1514 Line 9 North" with "Part 4, Plan 51 R- 10064 ". 3. That the previously established land value continue to apply for Parts 3 and 5, Plan 51 R- 10064. 4. And Further That the applicant be advised accordingly of Council's decision, under the Director of Corporate Services /Clerk's signature. g) Mayor H.S. Hughes, re: Personal matters about an identifiable individual (CAO Performance Management). Carried. The following staff were present: Robin Dunn, CAO; Doug Irwin, Director of Corporate Services /Clerk. Motion No. C110518 -8 Moved by Evans, Seconded by Meyer Be it resolved that the confidential correspondence and confidential verbal information presented by Mayor H.S. Hughes, re: Personal matters about an identifiable individual (CAO Performance Management) be received and that the matter be moved to the Open Session of the May 18, 2011 Council meeting for discussion. Carried. Page 5 of 21 Page 9 of 178 6a) - Minutes of Council meeting held on M... Council Meeting Minutes — May 18, 2011 Motion No. C110518 -9 Moved by Hough, Seconded by Meyer Be it resolved 1. That the correspondence dated May 18, 2011 and titled Draft CAO Performance Management Documentation be received. 2. That Council undertake a mid -year review in the 3rd quarter of 2011. 3. And That the 2011 CAO Objectives and CAO Position Mandate dated March 2011 be approved. h) Donna Hewitt, Director of Corporate & Strategic Initiatives re: Acquisition /disposition of land (Nurse Practitioner). The following staff were present: Robin Dunn, CAO; Doug Irwin, Director of Corporate Services /Clerk; Donna Hewitt, Director of Corporate and Strategic Initiatives; Shawn Binns, Director of Recreation and Community Services. Motion No. C110518 -10 Moved by Evans, Seconded by Crawford 5. IDENTIFICATION FROM THE PUBLIC OF AN AGENDA ITEM OF INTEREST: Carried. Be it resolved 1. That Report No. CSI 2011 -03, Donna Hewitt, Director of Corporate & Strategic Initiatives re: Acquisition /disposition of land (Nurse Practitioner) be received and adopted. 2. That staff prepare the letter of intent required by the Ministry of Health. 3. That staff be authorized to initiate the process to complete the agreed upon leasehold /building improvements to the 4th line OPP building. 4. That staff be authorized to engage legal counsel to prepare the necessary lease agreement. 5. That staff report back to Council with a recommendation with respect to the awarding of the tender to complete the leasehold improvements. 6. That staff be directed to complete a feasibility study for the development of a permanent location for the Nurse Practitioner -Led Clinic. 7. And That Ms. Barbara Sbrolla, Nurse Practitioner -Led Clinic be notified of Council's decision under the Director of Corporate and Strategic Initiatives' signature. Carried. Page 6 of 21 Page 10 of 178 6a) - Minutes of Council meeting held on M... Council Meeting Minutes — May 18, 2011 6. MINUTES OF COUNCIL AND COMMITTEES: a) Minutes of Council meeting held on May 11, 2011. Motion No. C110518 -11 Moved by Meyer, Seconded by Hough Be it resolved that the draft minutes of the Council meeting held on Wednesday, May 11, 2011, be adopted as printed and circulated. b) Minutes of Human Resources Committee meeting held on April 27, 2011. Motion No. C110518 -12 Moved by Crawford, Seconded by Evans Be it resolved that the draft minutes of Human Resources Committee meeting held on April 27, 2011 be received. c) Minutes of Oro - Medonte History Association meeting held on March 16, 2011. Motion No. C110518 -13 Moved by Hough, Seconded by Meyer 7. RECOGNITION OF ACHIEVEMENTS: None. 8. PUBLIC MEETINGS: None. Carried. Carried. Be it resolved that the minutes of the Oro - Medonte History Association meeting held on March 16, 2011 be received. Carried. Page 7 of 21 Page 11 of 178 6a) - Minutes of Council meeting held on M... Council Meeting Minutes — May 18, 2011 9. DEPUTATIONS: a) 10:00 a.m. Brandi Clement, The Jones Consulting Group on behalf of Bruce Bateman, Bateman Furniture, re: Oro Centre Lands. Motion No. C110518 -14 Moved by Crawford, Seconded by Evans Be it resolved that the correspondence dated April 21, 2011 and presented by Brandi Clement, The Jones Consulting Group on behalf of Bruce Bateman, Bateman Furniture, re: Oro Centre Lands be received. b) 10:10 a.m. Jan Novak, The Images Thanksgiving Studio Tour, re: Application for Grant [Refer to Item 10h), M -1 - M -3]. Motion No. C110518 -15 Moved by Hough, Seconded by Meyer Be it resolved that the verbal information presented by Jan Novak, The Images Thanksgiving Studio Tour, re: Application for Grant be received and considered in conjunction with item 10h) Shawn Binns, Director of Recreation and Community Services, re: 2011 Grant & Subsidy Requests Budget Allocation. 10. REPORTS OF MUNICIPAL OFFICERS: Carried. Carried. a) Report No. FI 2011 -14, Paul Gravelle, Director of Finance /Treasurer /Deputy CAO, re: Statement of Accounts - April 30, 2011. Motion No. C110518 -16 Moved by Evans, Seconded by Crawford Be it resolved 1. That Report No. FI 2011 -14, Paul Gravelle, Director of Finance /Treasurer /Deputy CAO, re: Statement of Accounts - April 30, 2011 be received. 2. And That the accounts for the month of April, 2011 totalling $ 863,972.34 be received. Carried. Page 8 of 21 Page 12 of 178 6a) - Minutes of Council meeting held on M... Council Meeting Minutes — May 18, 2011 b) Paul Gravelle, Director of Finance /Treasurer /Deputy CAO, re: Review of Implementation of Non - Residential Development Charge. Motion No. C110518 -17 (Amendment) Moved by Crawford, Seconded by Evans Be it resolved that the motion with respect to Paul Gravelle, Director of Finance /Treasurer /Deputy CAO, re: Review of Implementation of Non - Residential Development Charge be amended to replace "And That the Implementation of Non - Residential Development Charges commence July 2011 as stipulated in Section 7 of By -law No. 2009 -105" with: "And That staff bring forward the appropriate by -law for Council's consideration to remove the implementation requirements stipulated in Section 7.1 of By -law No. 2009- 105 ". Motion No. C110518 -18 Moved by Meyer, Seconded by Hough Carried. Be it resolved 1. That the verbal information presented by Paul Gravelle, Director of Finance /Treasurer /Deputy CAO, re: Review of Implementation of Non - Residential Development Charge be received. 2. And That staff bring forward the appropriate by -law for Council's consideration to remove the implementation requirements stipulated in Section 7.1 of By -law No. 2009 -105. Carried as Amended. Page 9 of 21 Page 13 of 178 6a) - Minutes of Council meeting held on M... Council Meeting Minutes — May 18, 2011 c) Report No. CS 2011 -010, Doug Irwin, Director of Corporate Services /Clerk, re: Pound Services Agreement. Motion No. C110518 -19 Moved by Crawford, Seconded by Lancaster Be it resolved 1. That Report No. CS 2011 -010, Doug Irwin, Director of Corporate Services /Clerk, re: Pound Services Agreement be received and adopted. 2. That Council endorse the execution of the draft Pound Services Agreement between the Township of Oro - Medonte and the OSPCA. 3. That the Clerk bring forward the appropriate by -law for Council's consideration. 4. And that the OSPCA be advised of Council's decision under the Director of Corporate Services /Clerk's signature. d) Report No. CS 2011 -011, Doug Irwin, Director of Corporate Services /Clerk, re: Common Interest Committee — Terms of Reference. Motion No. C110518 -20 Moved by Hough, Seconded by Lancaster Be it resolved that the motion with respect to Report No. CS 2011 -011, Doug Irwin, Director of Corporate Services /Clerk, re: Common Interest Committee — Terms of Reference be deferred to permit staff to investigate further and report back accordingly. Carried. Motion No. C110518 -21 Moved by Lancaster, Seconded by Crawford Carried. Be it resolved 1. That Report No. CS 2011 -011, Doug Irwin, Director of Corporate Services /Clerk, re: Common Interest Committee — Terms of Reference be received and adopted. 2. And That the Township of Oro - Medonte's representatives on the Common Interest Committee convey Council's preferred option with respect to the operation of the Committee, being Option #1 as identified in the Draft Report to the Common Interest Committee. Deferred. Page 10 of 21 Page 14 of 178 6a) - Minutes of Council meeting held on M... Council Meeting Minutes — May 18, 2011 e) Report No. DS2011 -018, Andria Leigh, Director of Development Services, re: David and Kelly Borne— Request for Extension to Agreement - 744 Ridge Road East [refer to item 15b)]. Motion No. C110518 -22 Moved by Meyer, Seconded by Hough Be it resolved 1. That Report No. DS 2011 -018, Andria Leigh, Director of Development Services, re: David and Kelly Borne— Request for Extension to Agreement - 744 Ridge Road East be received and adopted. 2. That Council authorize the extension to the agreement with David and Kelly Borne to temporarily reside in the existing dwelling until December 31, 2012. 3. That the Clerk bring forward the appropriate amending by -law authorizing the extended timeframe. 4. And That the applicant be advised of Council's decision under the Director of Development Services' signature. f) Report No. DS 2011 -019, Andria Leigh, Director of Development Services, re: Mandatory Septic Maintenance Inspection Program [confidential attachment distributed under separate cover]. Motion No. C110518 -23 Moved by Crawford, Seconded by Lancaster That the motion with respect to Report No. DS 2011 -019, Andria Leigh, Director of Development Services, re: Mandatory Septic Maintenance Inspection Program be deferred to the May 25, 2011 Council meeting. Motion No. C110518 -24 Moved by Hough, Seconded by Meyer Carried. Carried. Be it resolved 1. That Report No. DS 2011 -019, Andria Leigh, Director of Development Services, re: Mandatory Septic Maintenance Inspection Program be received and adopted. 2. That staff be authorized to proceed as outlined in Report No. DS2011 -019. 3. That staff liaise with local sewage haulage companies with respect to the implementation of the program. 4. And That the Clerk bring forward the appropriate By -law for Council's consideration with respect to the Township wide septic maintenance re- inspection program. Deferred. Page 11 of 21 Page 15 of 178 6a) - Minutes of Council meeting held on M... Council Meeting Minutes — May 18, 2011 g) Report No. DS 2011 -020, Andria Leigh, Director of Development Services, re: Official Plan Amendment No. 30 — Napoleon /Wolf Steel — Concession 1, North Part Lot 10 (former Township of Oro), municipally known as 2621 Gore Road, Township of Oro - Medonte [to be distributed at the meeting]. The item was withdrawn. Page 12 of 21 Page 16 of 178 User Group Amount Approved Coldwater & District Agricultural Society 200.00 Community Foundation of Orillia & Area 0 Couchiching Jubilee House 350.00 Crime Stoppers 200.00 Hospice Simcoe 500.00 Information Orillia 0 Oro Agricultural Society Separate motion Oro Horticultural Society 2,000.00 Oro - Medonte Minor Baseball Organization 0 Oro Station Community Hall Separate motion Rugby Community Hall 2,000.00 Telecare Orillia Distress Line 100.00 The Images Thanksgiving Studio Tour 1,000.00 Gilda's Club Simcoe Muskoka 0 Oro - Medonte Minor Sports Association 0 Remembrance Day will be Dalston Women's Institute for 2011 500.00 Ontario Good Roads Association Minimum Maintenance Standards Fund 0 6a) - Minutes of Council meeting held on M... Council Meeting Minutes — May 18, 2011 h) Shawn Binns, Director of Recreation and Community Services, re: 2011 Grant & Subsidy Requests Budget Allocation. Councillor Crawford declared a pecuniary interest on two of the requests within Item 10h) Shawn Binns, Director of Recreation and Community Services, re: 2011 Grant & Subsidy Requests Budget Allocation as he is a Director of the Oro Agricultural Society as well as a Trustee of the Oro Station Hall. Councillor Crawford left the Chambers and did not participate in the discussion or vote on the matters of the Oro Agricultural Society and the Oro Station Hall. Motion No. C110518 -25 Moved by Evans, Seconded by Crawford 1. That the correspondence presented by Shawn Binns, Director of Recreation and Community Services, re: 2011 Grant & Subsidy Requests Budget Allocation be received. 2. And That the 2011 Grant & Subsidy Requests be approved in the following amounts: 3. And That the applicants be advised of Council's decision under the Mayor's signature. Page 13 of 21 Carried. Page 17 of 178 6a) - Minutes of Council meeting held on M... Council Meeting Minutes — May 18, 2011 Motion No. C110518 -26 Moved by Meyer, Seconded by Hough Be it resolved that the request from the Oro Agricultural Society for a subsidy in the amount of $1,850.00 for the use of the Banquet Hall and Old Town Hall for monthly meetings be approved; And That the applicant be advised of Council's decision under the Mayor's signature. Motion No. C110518 -27 Moved by Hough, Seconded by Meyer Be it resolved that the Oro Agricultural Society 2011 grant request in the amount of $500.00 be approved; And That the applicant be advised of Council's decision under the Mayor's signature. Motion No. C110518 -28 Moved by Meyer, Seconded by Hough Be it resolved that the Oro Station Community Hall Board 2011 grant request in the amount of $2,000.00 be approved; And That the applicant be advised of Council's decision under the Mayor's signature. Motion No. C110518 -29 Moved by Lancaster, Seconded by Meyer Be it resolved that the Oro - Medonte Horticultural Society 2011 subsidy request in the amount of $1,955.00 be approved; And That the applicant be advised of Council's decision under the Mayor's signature. Motion No. C110518 -30 Moved by Meyer, Seconded by Lancaster Be it resolved that the Oro - Medonte Baseball Organization 2011 subsidy request in the amount of $155.00 for the use of the Banquet Hall be approved; And That the applicant be advised of Council's decision under the Mayor's signature. Carried. Page 14 of 21 Carried. Carried. Carried. Carried. Page 18 of 178 6a) - Minutes of Council meeting held on M... Council Meeting Minutes — May 18, 2011 i) Report No. FD 2011 -05, Hugh Murray, Deputy Fire Chief, Line 4 Fire Department Water Supply [to be distributed under separate cover]. Motion No. C110518 -31 Moved by Crawford, Seconded by Evans Be it resolved 1. That Report No. FD 2011 -05, Hugh Murray, Deputy Fire Chief, re: Line 4 Fire Department Water Supply be received and adopted. 2. And That staff proceed with the installation of the Dry Hydrant system on the private property for the purposes of fire suppression. Carried. Motion No. C110518 -32 Moved by Evans, Seconded by Crawford Be it resolved that Rule 3.6 of Procedural By -law 2011 -011 be suspended in order to allow the meeting to proceed past the normal adjournment hour of 1:00 p.m. Council recessed at 12:35 p.m. and reconvened at 1:12 p.m. 11. REPORTS OF MEMBERS OF COUNCIL: a) Mayor H.S. Hughes, correspondence dated April 27, 2011 from Janis Medysky, Associate Director, Simcoe County District School Board, re: Invitation for Accommodation Review Committee (ARC) - Community Representation for: • Coldwater Public School, Moonstone Elementary School and Warminster Public School and • Port McNicoll Public School, Victoria Harbour Elementary School and Waubaushene Elementary School. Motion No. C110518 -33 Moved by Hough, Seconded by Meyer Carried. Be it resolved that the motion with respect to the correspondence dated April 27, 2011 from Janis Medysky, Associate Director, Simcoe County district School Board, re: Invitation for Accommodation Review Committee (ARC) — Community Representation for Coldwater Public School, Moonstone Elementary School and Warminster Public School be deferred pending receipt of further information from Lila Osborne. Carried. Page 15 of 21 Page 19 of 178 6a) - Minutes of Council meeting held on M... Council Meeting Minutes — May 18, 2011 Motion No. C110518 -34 Moved by Meyer, Seconded by Hough Be it resolved 1. That the information presented by Mayor H.S. Hughes and correspondence dated April 27, 2011 from Janis Medysky, Associate Director, Simcoe County District School Board, re: Invitation for Accommodation Review Committee (ARC) - Community Representation for: • Coldwater Public School, Moonstone Elementary School and Warminster Public School; and • Port McNicoll Public School, Victoria Harbour Elementary School and Waubaushene Elementary School be received. 2. That be appointed as the Oro - Medonte Community Representative on the ARC for the Coldwater Public School, Moonstone Elementary School and Warminster Public School accommodation review. 3. And That the Simcoe County District School Board be advised of Council's decision under the Mayor's signature. Deferred. b) Councillor Meyer, re: Orillia & Area Physician Recruitment and Retention Committee. Motion No. C110518 -35 Moved by Crawford, Seconded by Lancaster Be it resolved that the correspondence dated May 5, 2011 and verbal information presented by Councillor Meyer, re: Orillia & Area Physician Recruitment and Retention Committee be received. Carried. Page 16 of 21 Page 20 of 178 6a) - Minutes of Council meeting held on M... Council Meeting Minutes — May 18, 2011 12.CONSENT AGENDA: a) Announcements of Interest to the Public - None b) Highlights of the Nottawasaga Valley Conservation Authority meeting held on April 29, 2011. Staff Recommendation: Receive. c) Minutes of Barrie Public Library Meeting held on March 24, 2011. Staff Recommendation: Receive. d) Correspondence dated May 9, 2011 from Lynn DoIlin, Chair, South Georgian Bay Lake Simcoe Source Protection Committee, re: Source Water Protection Plan Preparation for Drinking Water Source Protection in the South Georgian Bay Lake Simcoe Source Protection Region. Staff Recommendation: Receive. Motion No. C110518 -36 Moved by Hough, Seconded by Meyer Be it resolved that the staff recommendations with respect to the items listed under "Consent Agenda Correspondence" be adopted as printed: a) Announcements of Interest to the Public - None b) Highlights of the Nottawasaga Valley Conservation Authority meeting held on April 29, 2011. Received. c) Minutes of Barrie Public Library Meeting held on March 24, 2011. Received. d) Correspondence dated May 9, 2011 from Lynn DoIlin, Chair, South Georgian Bay Lake Simcoe Source Protection Committee, re: Source Water Protection Plan Preparation for Drinking Water Source Protection in the South Georgian Bay Lake Simcoe Source Protection Region. Received. Carried. Page 17 of 21 Page 21 of 178 6a) - Minutes of Council meeting held on M... Council Meeting Minutes — May 18, 2011 13. COMMUNICATIONS: a) Correspondence received May 12, 2011 from Denise Fawcett, re: Request for Exemption to By -Law No. 2008 -030, Animal Control By -law, Maximum Number of Dogs. Motion No. C110518 -37 Moved by Lancaster, Seconded by Evans Be it resolved 1. The correspondence dated May 12, 2011 from Denise Fawcett, re: Request for Exemption to By -Law No. 2008 -030, Animal Control By -law, Maximum Number of Dogs be received. 2. That an exemption be granted to Denise Fawcett to By -Law No. 2008 -030, Animal Control By -law, to own more than 3 dogs without a kennel license. 3. That the owner obtain licenses for all four dogs. 4. That the owner be advised that the maximum number of dogs permitted at any time under this exemption is four until the passing of one of the dogs at which time the owner will be in compliance with the Animal Control By -Law. 5. That should the owner of the dogs contravene any section of the Animal Control By- Law, this exemption be withdrawn. 6. And That the owner be advised of Council's decision under the Director of Corporate Services /Clerk's signature. Carried. 14. NOTICE OF MOTIONS: 15. BY -LAWS: a) By -law No. 2011 -072 A By -Law to Adopt the Estimates of all Amounts Required During the Year and for Levying the Tax Rates for the Year 2011 b) By -Law No. 2011 -074 Being a By -Law to Amend By -law 2010 -004, Being a By -Law to Authorize the Execution of an Agreement between the Township of Oro - Medonte and David and Kelly Borne to Allow for Two Dwellings. c) By -law No. 2011 -075 A By -law to Adopt an Amendment to the Official Plan of the Township of Oro - Medonte (OPA No. 30- Napoleon -Wolf Steel) [to be distributed at the meeting]. The item was withdrawn. Page 18 of 21 Page 22 of 178 6a) - Minutes of Council meeting held on M... Council Meeting Minutes — May 18, 2011 d) By -law No. 2011 -076 Being a Zoning By -law Amendment for Napoleon -Wolf Steel [to be distributed at the meeting]. Motion No. C110518 -38 Moved by Meyer, Seconded by Lancaster Be it resolved that By -Law No. 2011 -072: A By -Law to Adopt the Estimates of all Amounts Required During the Year and for Levying the Tax Rates for the Year 2011 be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor. Recorded Vote Requested by Deputy Mayor Hough Deputy Mayor Hough Nay Councillor Lancaster Yea Councillor Meyer Yea Councillor Coutanche Absent Councillor Crawford Yea Councillor Evans Nay Mayor H.S. Hughes Yea Motion No. C110518 -39 Moved by Evans, Seconded by Crawford The item was withdrawn. Carried. Be it resolved that By -law No. 2011 -074: Being a By -law to Amend By -law 2010 -004, Being a By -law to Authorize the Execution of an Agreement between the Township of Oro - Medonte and David and Kelly Borne to Allow for Two Dwellings be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor. 16.QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM: Carried. Page 19 of 21 Page 23 of 178 6a) - Minutes of Council meeting held on M... Council Meeting Minutes — May 18, 2011 17.CLOSED SESSION ITEMS (UNFINISHED ITEMS): a) Motion to go In Closed Session Motion No. C110518 -40 Moved by Crawford, Seconded by Evans Be it resolved that we do now go in Closed Session at 2:42 p.m. to discuss • acquisition /disposition of land. b) Motion to Rise and Report. Motion No. C110518 -41 Moved by Evans, Seconded by Crawford Be it resolved that we do now rise at 3:00 p.m. and report on Closed Session Item 4h) Donna Hewitt, Director of Corporate & Strategic Initiatives re: Acquisition /disposition of land (Nurse Practitioner). Carried. 18.CONFIRMATION BY -LAW: a) By -Law No. 2011 -067 By -Law No. 2011- , Being a By -Law to Confirm the Proceedings of the Council Meeting Held on Wednesday, , 2011. Motion No. C110518 -42 Moved by Evans, Seconded by Lancaster Carried. Be it resolved that By -Law No. 2011 -067, being a by -law to confirm the proceedings of the Council meeting held on Wednesday, May 18, 2011 be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Page 20 of 21 Page 24 of 178 6a) - Minutes of Council meeting held on M... Council Meeting Minutes — May 18, 2011 19. ADJOURNMENT: a) Motion to Adjourn. Motion No. C110518 -43 Moved by Meyer, Seconded by Hough Be it resolved that we do now adjourn at 3:03 p.m. Mayor, H.S. Hughes Clerk, J. Douglas Irwin Carried. Page 21 of 21 Page 25 of 178 9a) - 7:00 p.m. Frank Say, re: Encroachme... Date: May 14, 2011 To: Douglas Irwin; Clerk Council /Committee From: Frank Say Subject: Request for Deputation before council /committee Property - 187 Shoreline Rd, Oro - Medonte, LOL -1T0 I have recently purchased the above property in April of 2010. The house and garage are in need of repair. I have submitted an application to the township to correct the deficiencies and make some further improvements. The zoning department requested that they needed an up -to -date survey showing the existing buildings in regards to the property lines. The results have shown that the garage is partially sitting on township property and the house is in noncompliance of the front set back requirements. I have submitted for a minor variation in regards to the house (and ultimately the garage as well). In regards to the garage, I have been given the Oro - Medonte township by -law which explains the options that I have. I am ok with leaving the garage "as is" and adopt the "grandfather" clause which I believe means that I can do nothing. Is this true? Or, I can engage in a legal proceeding which involved fees, costs and conditions for entering into an "encroachment" agreement with the township, Or I can move the garage back within the boundaries of the front property line. The cost of moving the garage back will be expensive, however, I am willing to consider moving the garage back within the property line but would like to request the council /committee to provide this request in writing to me so I may show my private investors (family) that this is a real situation due to the recent survey. All documentation associated with this request is with the township planning and zoning departments. I have been informed about this process of "request for deputation" and will make myself available on May 25, 2011 at 7 pm to answer any questions that may be required in order to remedy this unexpected situation brought upon myself (and family /investors). Thank you, Warm regards, Frank say Page 26 of 178 9a) - 7:00 p.m. Frank Say, re: Encroachme... Page 27 of 178 9a) - 7:00 p.m. Frank Say, re: Encroachme... Page 28 of 178 9b) - 7:10 p.m. Bill Fitzroy and Tim Pier... Page 29 of 178 C ) IS) 1 /� 7E l„ .,r , REQUEST FOR DEPUTATION BEFORE COUNCIUCOMMITTEEJ C2, o a,,,,r -%; iey�dori fe _ w 14. 144 rirrin1vr. fiarinnt Popov Any written or electronic submissions and background inrorrnation 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. �7 � / 7 Preferred Meeting and Date: 422.5 ar 5 Q// f '. 1 am requesting deputation to speak: a) 0 _grimy own behalf; or b) Won behalf of a group / organization / association, if b), please state name of group/ organization/association below. I would like to use: 0 projector ❑ laptop Narne(s) of Speaker(a) 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 - f' . e�lJ/ t 1 .4 2, ' , '7 ei 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 arty handouts and are to be delivered to the Clerk's Office in accordance with the guidelines tor Deputations/Delegations outlined in the Township's Procedural By -law, eV 'R .r/. - "e e 'rJ �r V • hy this tio is i Council n/ the municipality: Reason -}, ./4 .E 73 b . ,.L-' _ 777 (r 5 e! 7--/,:/.-"-7 2/6.9-/e ia24/ '-i/- . : / ,� e,, iLk 7 ' L/ ! s' 04-1 /- /3&11_ 2/ s ,( 656 777/Liz--; - � Date of Request: a /14.. i`Z✓ .r A r . 40 ' — flo LJ Signature(s) of Speaker(a): c rlc�f7JG /� G/ Address: vA- r %trr. �° / ' r Vii ' l 1 Z.-C.�4_ Telephone: Er t� , Pax: Email: 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 ire oolfected under the legal authority of the Municipal Act, S.O. 2001, 4.25 as amended. The information is collected end maintained for the purpose of creating a record that is available to the general public pursuant to SeetiOn 27 of the Municipal Freedom of Information and Protection or 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. 01/2011 9b) - 7:10 p.m. Bill Fitzroy and Tim Pier... Page 29 of 178 9b) - 7:10 p.m. Bill Fitzroy and Tim Pier... Page 30 of 178 f[ � r,,,, „,,i „�,,� (9, - h e ll m/e P ..J tie Yagr. L.V -in.S 1'm00rr Any written or electronic submissions and Clerk by 4:30 pm on the Wednesday of the Microsoft PowerPoint /Microsoft Word format. Preferred Meeting and Date: q() r BEQUEST FOR DEPUTATION BEFORE COUNCIUCOMMITTEE background information for consideration by Council /Committee must be submitted to the week prior to the preferred meeting. Electronic submissions should be submitted in 1 am requ sting deputation to speak: a) n my own behalf; or b) 0 on behalf of a group / organization / association, if b), please state name of group/ organization/association below, would like to use: Q projector El laptop 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. 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 48 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 arty electronic presentation and fifteen (15) hard copies of the presentation including any handouts and are to be delivered to the Clerk's Office in ac with the guidelines for Deputations/Delegations outlined in the Township's Procedural By -law. u .t• , .. •• a. . ... 'e- Lha..wa.....e ..-._ _ a,.. 44 ! a_ ■ tti L.. ... A. .. t;. • c. / ... . t' - • _ , • IL'aah117 '* . 1 4 ... .- L . 4 I . , • 1 i . . ....` 1 • •.• . s Reason why this presentation Is Important to Council and to the municipality: t4s/ ( Wiii4 • V f Ca 0 I • .. t~ 14.4440 / q y 'r Wt f rrL'M etas".^'► - \ L im �j� f Will ( $f TY11 -,V ” IA e t.►w -e .' i� (d.$ 045 it1A Q E( ands( lf..” r D it= ttr-f. S L... t r k 1• " M 0~!l ,. ) , ... I w.a.A1. 1 7.c44. ,c._ w4,, ov-rr rr ca•r' . Wt It s.. +t,►, Date of Request: r f - Signature(s) of Speaker(s): t 8 u afel iet Sit- . { — Address: % lab Cl. .• *. err... . a.. ti >/ _ Telephone: qv) 9; Fax: Email -- - - —.-. . 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.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- Meaombe, 148 Line 7 South, Box 100, Oro, Ontario, LOL 2X0. 01/2011 9b) - 7:10 p.m. Bill Fitzroy and Tim Pier... Page 30 of 178 Report No. TES2011 -05 To: COUNCIL Prepared By: Fred MacGregor Meeting Date: May 25, 2011 Subject: Water Service Connection Agreements for Lot 2 (Huronwoods Drive) and Lot 14 (Oneida Avenue) — Modco Investments Ltd. Motion # Roll #: R.M.S. File #: 10a) - Report No. TES 2011 -05, Jerry Ball,... REPORT It is recommended that: Proud Heritage, Exciting Future I RECOMMENDATION(S): Requires Action X For Information Only 1. THAT Report No. TES2011 -05 be received and adopted. 2. THAT the Township of Oro - Medonte enters into Water Service Connection Agreements with Modco Investments Ltd. for Part 1 on Plan 51 R -37479 (Lot 2) and Part 1 on Plan 51R-37175 (Lot 14). 3. THAT the Clerk prepares a By -law for Council's consideration. 4. AND THAT Modco Investments Ltd. is notified of Council's decision. BACKGROUND: Indian Park Association recently entered into Site Plan Agreements with the Township for lots on Huronwoods Drive and Oneida Avenue. A condition of the Site Plan Agreement was that the owner of the lots enters into Water Service Connection Agreements with the Township for each of the lots. 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 lots at their cost. I ANALYSIS: The connection of the two lots 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 and Environmental Services Report No. TES2011 -05 May 25, 2011 Page 1 of 2 Page 31 of 178 10a) - Report No. TES 2011 -05, 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. Environmental Services staff has no concerns with the installation of two water services on the Sugarbush system. I FINANCIAL: I CONSULTATIONS: Township Staff Modco Investments Ltd. I ATTACHMENTS: Water Service Connection Agreements for Part 1 on Plan 51 R -37479 (Lot 2) and Part 1 on Plan 51 R -37175 (Lot 14). I CONCLUSION: It is recommended that the Township of Oro - Medonte enters into Water Service Connection Agreements for the above Tots on Huronwoods Drive and Oneida Avenue, in the Sugarbush water system. Respectfully submitted: Fred MacGregor Acting Manager of Environmental Services SMT Approval / Comments: C.A.O. Approval / Comments: Transportation and Environmental Services Report No. TES2011 -05 May 25, 2011 Page 2 of 2 Page 32 of 178 Report No. DS 2011 -020 To: Council Prepared By: Steven Farquharson, Intermediate Planner Meeting Date: May 25, 2011 Subject: Proposed Official Plan Amendment and Zoning By -law Applications: 2011- OPA -01 & 2011 - ZBA -01 Wolf Steel Ltd North Part of Lot 10, Concession 1 (Oro) Township of Oro - Medonte Motion # Roll #: 4343 - 010 - 006 -15200 R.M.S. File #: D09 41373 10c) - Report No. DS 2011 -020, Andria Leig... REPORT Township of Proud Heritage, Exciting Future 1 RECOMMENDATION (S): Requires Action[ For Information Only It is recommended to Council: 1. THAT Report DS 2011 -020 Re: Official Plan and Zoning By -law Amendment Applications 2011- OPA -01 and 2011- ZBA -01 for Wolf Steel Ltd, North Part of Lot 10, Concession 1, (Oro), Township of Oro - Medonte, be received and adopted. 2. THAT Official Plan and Zoning By -law Amendment Applications 2011- OPA -01 and 2011- ZBA -01, North Part of Lot 10, Concession 1, (Oro), Township of Oro - Medonte that would serve to redesignate the subject lands from "Agricultural" to "Industrial" and "Environmental Protection One" on Schedule A of the Official Plan, and to rezone lands from Agricultural /Rural (A/RU) Zone to Economic Development (ED) Zone and Environmental Protection (EP) Zone on Schedule A9 of Zoning By -law 97- 95, be approved. 3. THAT the Zoning By -law be subject to a Holding (H) Zone, removal of which shall only be done after an appropriate Site Plan Agreement has been entered into. 4. AND THAT the Clerk bring forward the necessary Official Plan Amendment and Zoning By -law for Council's consideration. I BACKGROUND: The purpose of this report is to consider proposed Official Plan and Zoning By -law Amendment applications submitted by Meridian Planning Consultants Inc. on behalf of Wolf Steel Ltd., who is proposing to redesignate the subject lands from Agricultural to Industrial and Environmental Protection One. The applicant is also proposing to rezone the lands from Agricultural /Rural (A/RU) and Environmental Protection (EP) Zones to DEVELOPMENT SERVICES Report No. DS 2011 -020 Meeting Date: May 25, 2011 Page 1 of 13 Page 33 of 178 10c) - Report No. DS 2011 -020, Andria Leig... Economic Development (ED) Zone and to rezone a portion of the Agricultural /Rural (A/RU) Zone to the Environmental Protection (EP) Zone. The proposed redesignation and rezoning of the lands is required for the development of a proposed warehouse facility to store and distribute products manufactured by Wolf Steel Ltd. (Napoleon). ANALYSIS: The subject property is located south of Gore Road and on the east side of Penetanguishene Road. The subject land has a frontage of approximately 180 metres (590 feet) on Penetanguishene Road and approximately 754 metres (2473 feet) on Gore Road. The total area of the subject lands is approximately 20.5 hectares (50.6 acres). The portion of the subject lands that are proposed to be redesignated and rezoned for Industrial purposes have a land area of 6 hectares (14.8 acres) with a frontage along Penetanguishene Road of approximately 180 metres (590 feet) and approximately 375 metres (1230 feet) along Gore Road. While the remaining portions of the lands are to be designated and zoned to reflect the environmental features both on the subject and adjacent lands. A statutory public meeting was held on April 13, 2011 regarding the proposed Official Plan Amendment and Zoning By -law Amendment. Some of the neighboring residents voiced their concerns over the access to the subject lands from Penetanguishene Road and also possible traffic concerns. Written comments were also received by external agencies including the Ministry of Transportation (MTO) and the Nottawasaga Valley Conservation Authority (NVCA); both having concerns over the proposed amendments. Subsequent to the public meeting, the applicant arranged a meeting on April 28, 2011, between MTO, County of Simcoe and the Township to discuss issues and concerns. As a result of the meeting, MTO revised their comments and indicated that the technical requirements of the proposal will be addressed at the Site Plan Application stage and the Ministry has no objections to the proposed Official Plan and Zoning By -law Amendment applications. The County of Simcoe staff have also provided written comments stating that they have no objection to the proposed redesignation of the lands for the proposed industrial use and enhancing of the environmental feature. A conceptual site plan, affixed to this report as Schedule #2, shows a proposed Industrial building of approximately 27,870 square metres (300,000 square feet). Associated parking is located south of the proposed building, although it is acknowledged that this is simply a conceptual plan and the actual proposed development is yet to be determined. The proposed building will have office space on the second storey in the north -west corner, 10 receiving docks along the eastern wall and 20 shipping docks align the southern wall of the building. Parking on -site for employees is proposed to accommodate over 50 vehicles for parking. If OPA and ZBA are approved, the subject property would continue to be subject to Site Plan Control which would afford the Municipality, the County of Simcoe, Ministry of Transportation, and the Nottawasaga Valley Conservation Authority the ability to review detailed development plans at the appropriate time. DEVELOPMENT SERVICES Meeting Date: May 25, 2011 Report No. DS 2011 -020 Page 2 of 13 Page 34 of 178 10c) - Report No. DS 2011 -020, Andria Leig... I FINANCIAL: N/A I POLICIES /LEGISLATION: Township of Oro - Medonte Official Plan: The subject lands are presently designated "Agricultural" in the Township Official Plan. The proposed Official Plan Amendment proposes to redesignate a portion of the lands to "Industrial" and "Environmental Protection One ". Section C8 of the Official Plan contains the objectives for the Industrial designation, which include "to provide lands for the creation of industrial employment opportunities at location that maximize the use of existing infrastructure." The permitted uses in the "Industrial" designation include manufacturing, assembly, processing, fabrication, storage and /or warehousing uses. The proposed use of the lands to permit the development of a warehouse facility would conform to the permitted uses in the "Industrial" designation. Also as part of this Official Plan Amendment application, a portion of the lands are proposed to be redesignated to "Environmental Protection One ", which will further enhance the existing environmental feature on the property (Willow Creek) and the wetland on the adjacent lands. The applicant has provided a justification for the removal of lands from prime agricultural areas, which will be addressed in analysis of the Provincial Policy Statement of this planning report. Section A2.7.2 of the Official Plan provides strategic objectives in promoting economic development in the Township. Subsection (g) strives to "encourage wherever possible through the land use planning process the retention and expansion of existing business in the Township" With the existing Wolf Steel operations on the adjacent lands to the north, the proposed Official Plan Amendment application is in keeping with the intent of the goals of the Economic Development areas. In considering any application for an Official Plan Amendment, consideration of Section E1.7- Amendments to the Official Plan is required. This section states that the Plan is intended to manage change in the Township for the next 20 years and that the Plan identifies enough land for residential, commercial, and industrial uses until the year 2022. On this basis, the policies state that the Plan should only be amended when the policies have been found not to address issues or alternatively issues have been raised with a site - specific proposal that are required to be addressed in a comprehensive manner. This proposal is to redesignate a small, isolated, 6.0 ha " Agricultural" parcel of land which are generally Class 3 soils, sloping and much of the site has a high soil moisture content which therefore provides limited productivity for agricultural purposes. This parcel also has limited connection to surrounding larger agricultural parcel since it is surrounded by Highway 11, County Road 93 and environmental features to the south and east. Further, the proposal is to facilitate the expansion of an existing industrial land use on the abutting lands. This proposal does not represent the location of an entirely DEVELOPMENT SERVICES Meeting Date: May 25, 2011 Report No. DS 2011 -020 Page 3 of 13 Page 35 of 178 10c) - Report No. DS 2011 -020, Andria Leig... new industrial land use on Agricultural designated lands. For these reasons, Staff is of the opinion that the proposed Official Plan Amendment for the proposed new industrial use is in keeping with the intent Official Plan. The application is also proposing to redesignate a portion of the lands to Environmental Protection One (EP1). This will identify and protect the existing watercourse (Willow Creek) on the subject lands. Section B2 of the Official Plan identifies the objectives of the Environmental Protection One which states "to maintain and enhance the ecological integrity of the natural heritage system" and "to minimize the Toss or fragmentation of significant wetlands and the habitats and ecological functions they provide." The proposed redesignation would conform with the objectives of the EP1 designation in the Official Plan. In the consideration of the proposed Official Plan Amendment, the redesignation of the lands from "Agricultural" to "Industrial" and "Environmental Protection One" is in keeping with the intent and conforms with the policies of the Official Plan. Zoning By -law 97 -95 The subject lands are zoned Agricultural /Rural (A/RU) and Environmental Protection (EP) Zones by Zoning By -law 97 -95. The applicant is proposing to rezone the 6.0 hectares of the lands to Economic Development Hold (ED (H)) Zone, while the Environmental Protection (EP) Zone along the Willow Creek is proposed to be enhanced as a result of the environmental studies. The existing EP Zone adjacent to Penetanguishene Road contains an existing MTO drainage ditch. It is proposed to be rerouted and connected to the ditch to the proposed stormwater management pond located south -west corner of the site. These lands are proposed to be rezoned to Economic Development Hold (ED (H)) Zone. If the Official Plan and Zoning Amendment applications are approved, a Site Plan application would also be required prior to the issuance of building permits. The site plan process would review matters including: building and access locations, parking layouts, stormwater management, landscaping, servicing and traffic movement on and off the site. The necessary permits from NVCA, County of Simcoe and MTO will be required to be obtained prior to Site Plan Approval. The zoning of the lands to the north are zoned Economic Development (ED) Zone and to the east in the Township of Springwater are zone General Industrial/ Outside Storage (MO *11), which permits various Industrial Uses. The subject lands are located within the Floodplain Overlay in Zoning By -law 97 -95, which prohibit development from occurring in hazardous area. Section B5.1.3.2 of the Township Official Plan states "no new development is permitted on lands subject to the Holding Provisions until the Nottawasaga Valley Conservation Authority approves the development ". The implementation of the Holding Provision will ensure that development is being directed outside of hazardous lands adjacent to the Willow Creek and the necessary permit is obtained from the NVCA prior to development. The proposed application to rezone the lands to permit 6.0 hectares to the Economic Development Hold (ED (H)) Zone is in keeping with the surrounding land uses. While DEVELOPMENT SERVICES Meeting Date: May 25, 2011 Report No. DS 2011 -020 Page 4 of 13 Page 36 of 178 10c) - Report No. DS 2011 -020, Andria Leig... the increased Environmental Protection (EP) Zone, will further enhance the environmental buffer along the wetland to the south and Willow Creek. County Official Plan In analyzing the Official Plan Amendment application, Township staff reviewed the County of Simcoe Official Plan (2007). The subject lands are designated Rural, Agricultural and Greenlands in the County Official Plan. County staff has commented: "In the Rural and Agricultural designation, local municipalities shall determine and map areas considered prime agricultural areas in their Official Plans (Section 3.6.4). Thus if the portion of the property designated "Agricultural" was redesignated (as proposed) to "Industrial" to accommodate the proposed warehouse use, the "Rural" policies of the County of Simcoe Official Plan would apply. Rural business parks are permitted uses in the Rural designation, therefore County staff has no concerns about the proposed use as it is recognized the cluster of Industrial uses in this area complies with the business park definition of the County Official Plan. The "Rural" policies do consider (new) single industrial development uses, where appropriate sites within settlements are not available (Section 3.6.7). County staff acknowledges that this proposal contemplates the expansion of an existing industrial use, therefore the policies under section 3.6.7 do not apply." The remaining lands are designated as "Greenlands" primarily identify the lands along the Willow Creek which are within the NVCA's regulatory flood lines. To address the "Greenland policies, an Environmental Impact Study was prepared and is being reviewed by the Nottawasaga Valley Conservation Authority to determine if the proposed development and site alteration would have any negative impacts to the existing natural heritage feature and /or ecological functions. The proposed development of the warehouse appears to be on table lands which fall outside the Greenlands area. The applicant has also requested the County of Simcoe to permit access onto County Road 93 at the south end of the property. The County has indicated that this item will be addressed at a site plan stage once the applicant has submitted a justification for the proposed entrance. The County has also indicated that as part of the site plan stage the applicant will be required to submit a storm water management report and servicing feasibility report. Subject to the above -noted comments and concerns being satisfactory to the applicable agencies, ministries and the Township of Oro - Medonte, the amendment of the redesignation of the subject lands from "Agricultural" to "Industrial" to permit the proposed use would conform to the Simcoe County Official Plan (2007). Provincial Policy Statement The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. DEVELOPMENT SERVICES Meeting Date: May 25, 2011 Report No. DS 2011 -020 Page 5 of 13 Page 37 of 178 10c) - Report No. DS 2011 -020, Andria Leig... Policy 1.1.1(b) provides that healthy, liveable and safe communities are sustained by accommodating an appropriate range and mix of residential, employment (including industrial, commercial and institutional uses) recreational and open spaces to meet long term needs. Policy 1.1.2 provides that sufficient land shall be made available through intensification and redevelopment to accommodate an appropriate range and mix of employment opportunities, housing and other land uses to meet projected needs for time horizon of up to 20 years. This proposal is to accommodate the expansion of an existing and established industrial use to adjacent land. Section 2.3.5 of the PPS provides a set of criteria in which Planning authorities must follow in order to exclude land from prime agricultural areas. Section 2.3.5.1 (c) lists the criteria for limited non - residential uses. These policies would allow for the removal of land from prime agricultural areas provided that the land does not comprise a specialty crop area. Upon review of the proposed 6.0 hectares being redesignated to Industrial, a specialty crop area does not appear to be located on the lands; therefore this policy would be satisfied. It is required to demonstrate that there are no reasonable alternative locations which avoid prime agricultural areas. The Planning Report that was submitted with the applications showed that the purpose for selecting these lands is that it is in close proximity to the existing Wolf Steel operations on Napoleon Road. The surrounding lands uses of the existing operation include Highway 11 to the North, County Road 93 (Penetanguishene Road) to the west and further to the west Rural designated lands are located in the Township of Springwater. In addition, the subject lands are separated from other agricultural lands to the south Willow Creek and associated flood area. The subject lands are a small isolated Agricultural designated parcel with limited connection to surrounding larger agricultural lands. The subject lands have also been identified as adjacent to a natural feature, which policy 2.1.6 does not permit any development or site alteration, unless the ecological function of the adjacent lands has been evaluated and it has demonstrated that there will be no negative impacts on the natural features. The applicant has submitted an Environmental Impact Study to address this policy, which concluded that the proposed development would not have any negative impacts on the ecological functions. To ensure that the features will be protected the lands are proposed to redesignated to Environmental Protection from Agricultural. This will enhance and existing Environmental Protection (EP) Zone, on the property. Further detailed analysis of this issue will completed during Site Plan Application stage. Planning staff are of the opinion that the proposed redesignation of the subject lands from "Agricultural" to "Industrial" and "Environmental Protection One" will not offend the policies of the Provincial Policy Statement. Places to Grow The Places to Grow Growth Plan for the Greater Golden Horseshoe has been in place since 2006. The Growth Plan calls for complete communities, whether it is urban or rural, based on a well designed mix of residential, recreational and employment uses. The Plan also helps guide decisions on a wide range of issues ranging from transportation, infrastructure planning, land use planning, urban form, housing, natural heritage and resource planning. In reviewing the proposed applications, the Growth DEVELOPMENT SERVICES Meeting Date: May 25, 2011 Report No. DS 2011 -020 Page 6 of 13 Page 38 of 178 10c) - Report No. DS 2011 -020, Andria Leig... Plan provides guidance for planning and investing for a balance of jobs and housing in communities across the Greater Golden Horseshoe. Section 2.2.6, "Employment Lands" speak to an adequate supply of land providing locations for a variety of employment use will be maintained to accommodate the growth forecasts in the Plan. Subsection 2 provides that municipalities will promote economic development and competitiveness by "providing for an appropriate mix of employment uses including industrial, commercial and institutional uses to meet long- term needs." Subsection 2c) provides municipalities will promote economic development by: planning for, protecting and preserving employment areas for current and futures uses. The proposed expansion of the industrial use on the subject lands allows for the long -term needs of Wolf Steel Ltd. and employment opportunities for the Township of Oro - Medonte to be met. Section 3.2.4, "Moving Goods" speaks to ensuring that the movement of good. Subsection (1) states "the first priority of highway investment is to facilitate efficient goods movement by linking inter -modal facilities, international gateways, and communities within the GGH ". By locating the proposed warehouse facility adjacent to the existing Wolf Steel operations, the efficient movement of goods can be achieved which would eliminate the need for storage facilities in Barrie and transportation vehicles on the highways. It is the opinion of the Planning Department that the proposed amendment to the Official Plan and Zoning By -law are consistent with the policies of the Places to Grow Growth Plan. Nottawasaga Valley Conservation Authority The Nottawasaga Valley Conservation Authority has reviewed the supporting studies and documents and has provided the following comments: Engineering Details of the stormwater management system were not provided and NVCA engineering staff cannot comment on the sizing or design of these features at this time. It is possible a modification to the Designation and Zoning may be required once stormwater management is finalized. Drawing HAZ -1 identifies the location of the hazard limits associated with the proposed development and Willow Creek, to the satisfaction of NVCA staff. Ecology During the wetland skating site visit, the landowner's ecology consultant identified that through the upcoming Site Plan process, the landowner will fence the boundary of the existing and proposed environmental protection zone, provide enhancement plantings in select areas, and allow the lands adjacent to the wetland and Willow Creek to regenerate. Other There is a drainage feature on the site adjacent to Penetanguishene Road. NVCA staff advised that if the feature is moved, it is preferred to keep the feature DEVELOPMENT SERVICES Meeting Date: May 25, 2011 Report No. DS 2011 -020 Page 7 of 13 Page 39 of 178 10c) - Report No. DS 2011 -020, Andria Leig... outside of the road side ditch due to quality concerns and the impact on the wetland and the fishery, as road side water features can be exposed to more contaminants. A treatment train approach for water quality is suggested. NVCA staff requires detailed information on what is proposed to determine if there will be impacts on adjacent lands. NVCA staff understands that these details will be addressed through the forthcoming Site Plan application. Conclusion NVCA staff does not object to the Official Plan Amendment and Zoning By -law Amendment. Please be reminded that a large portion of the property is regulated pursuant to Ontario Regulation 172/06 and permits are required from NVCA prior to conducting certain works in Regulated areas. I CONSULTATIONS: Supporting documentation was submitted in support of the proposed development and circulated to internal Township Departments and relevant external agencies. Specifically, the following supporting studies have been submitted and are on file with the Planning Department: Planning Analysis Report dated February 15, 2011 from Meridian Planning Consultants Environmental Impact Study dated February 14, 2011 from Azimuth Environmental Consulting Traffic Impact Study from C.C. Tatham & Associates Ltd. Natural Hazards Assessment- C.0 Tatham & Associates Ltd. Stage One Archaeological Background Research- AMICK Consulting Limited The Township Engineer has reviewed the above noted reports and has no major concerns with the reports. Further details will be addressed and reviewed during the Site Plan application stage of the development. The subject application and relevant studies were circulated to relevant agencies and the following responses have been received Simcoe County District School Board- No Objection County of Simcoe- No objection to the proposed amendment to the Official Plan. The request for an access onto County Road 93 will be addressed at a later time through the Site Plan stage. The County has also indicated that as part of the site plan stage the applicant will be required to submit a storm water management report and servicing feasibility report. Ministry of Transportation — No objection to the subject application in principle. As part of the Site Plan Process the applicant will be required to address the technical requirements including actual building location on site, parking and loading areas and access options. The applicant will also be required to address to the satisfaction of MTO at the Site Plan stage, an inter - change at Highway 11 and Penetanguishene Road. A detailed site plan including site servicing and grading details and a stormwater DEVELOPMENT SERVICES Meeting Date: May 25, 2011 Report No. DS 2011 -020 Page 8 of 13 Page 40 of 178 10c) - Report No. DS 2011 -020, Andria Leig... management report will be required to be submitted to the Ministry of Transportation for their review and approval. I ATTACHMENTS: Schedule #1- Location Map Schedule #2- Conceptual Site Plan Schedule #3- Proposed Official Plan Designations and Zoning Schedule# 4- Proposed Conditions I CONCLUSION: On the basis of the analysis provided above, Planning staff support the proposed Official Plan Amendment #30 to redesignate the subject lands from "Agricultural" to "Industrial" and "Environmental Protection One" and to rezone the lands from Agricultural /Rural (A/RU) to Economic Development (ED) and Environmental Protection (EP) Zone. The proposed Official Plan Amendment Application and Zoning By -law Amendment Application is consistent with the Provincial Policy Statement and Places to Grow and conforms with the policies of the County of Simcoe Official Plan and Township of Oro - Medonte Official Plan. The proposed Amendments which will permit the expansion of the existing industry in the Township is considered appropriate and represents good planning. Respectfully submitted: arqiiharson, B.URPL Intermediate Planner Reviewed by: Glenn White, MCIP, RPP Manager, Planning Services SMT Approval / Comments: C.A.O. Approval / Comments: DEVELOPMENT SERVICES Report No. DS 2011 -020 Meeting Date: May 25, 2011 Page 9 of 13 Page 41 of 178 10c) - Report No. DS 2011 -020, Andria Leig... DEVELOPMENT SERVICES Report No. DS 2011 -020 Subject Lands to be redesignated and re Meeting Date: May 25, 2011 Page 10 of 13 Page 42 of 178 10c) - Report No. DS 2011 -020, Andria Leig... P DEVELOPMENT SERVICES Report No. DS 2011 -020 r _ Schedule #2- Conceptual Site Plan a r :'iPi. Efi1Nsi $ NI7 RQAj_ Kiang 111.C. 1 - • 0 z Meeting Date: May 25, 2011 Page11 of 13 Page 43 of 178 10c) - Report No. DS 2011 -020, Andria Leig... EL to ZL e6ed LLOZ `5Z Sew :emu 6u!paaw ` .f t • evoa - 3N2}tsx15NtrISNN oZo-L Loz sa -oN La odaa S33IA1:13S 1N3WdOl3A30 // // • 0 0 CC • 1 .1 � w O O Z aa O 0 W E E Z m 2 2 c c j • w w CL ro O N 6u!uoz pue suo!Teub!saa ueld le1om0 pesodoad -€# a!npau s Page 44 of 178 10c)- Report No. DS 2011 -020, Andria Leig... EL 10 El abed 6 LOZ `sz Any :alga 6ullaaW O o a 0 a 0 W 1, c m J on m 3 a I suompuo3 pasodoad -17 #OInpayas OZO-6 60Z SCI 'oN podaa S33IAEI3S 1N31AldO13A3Q Page 45 of 178 11a) - Mayor H.S. Hughes, Councillors Craw... Oro - Medonte Environmental Roundtable (ER) Combined report from the Working Group (Crawford, Coutanche /Lancaster, Hughes) The Environmental Roundtable is established to assist in forwarding the Environmental objectives established by Oro - Medonte Council It may perform the following functions: (a) Research environmental issues (b) Education (c) Share information related to the work of Council and Staff (d) Community outreach (e) Help lead and assist residents with environmental initiatives The Environmental Roundtable (ER) is as follows: - It is to be a roundtable for sharing of information and to assist with implementation - The "steering group" will consist of 5 members from the public, with one acting as the chair and one acting as co- chair. - Sub working groups may be created for specific initiatives. It is expected that member(s) of the steering committee will lead such groups. - It will have two Councillors appointed to the group. (plus Mayor as ex- offico) - It will have a minimum of one member from Staff. - The term of appointment is for one year, renewable on a yearly basis or task time frame. - A simple majority vote of Council is required to approve members. - As this is a roundtable there is no voting and no remuneration for its members. - ER will serve as a sounding board - Members shall be required to adhere to confidentiality when requested. NOTE The Staff Liaison would be responsible for communications among the Environmental Roundtable, Council, SMT and other staff. Specific projects during the term. The ER may require technical expertise from a number of departments (Transportation and Environmental Services, Recreation and Community Services, Development Services ); the Staff liaison will be responsible for communications. Projects undertaken by the ER must be consistent with and support Township policies, initiatives, the strategic plan and council approved work objectives. SELECTION PROCESS - Publicly advertise to invite residents to apply by filling out a questionnaire that will request a profile of interest/expertise - Interviews may take place over a period of time in relation to evolving needs. - Expectation that members become involved, show leadership and actively participate in initiatives approved by Council Page 46 of 178 12a) - Announcements of Interest to the Pu... 1 2 Grab your partner and come on out to an old time SQUARE DANCE at Carley Hall! Saturday, June 4, 2011 7:30 p.m. to 10:30 p.m. $10 per person Carley Hall 396 Warminster Sideroad This event can accommodate a maximum of 60 participants only. Please reserve your space by purchasing your ticket in advance (by May 30). Call Louise at 705- 835 -2994 for tickets or more information. The Square Dance is a fundraiser for Carley Hall and is brought to our community thanks to the generous donation of time and talent from Ralph and Sandy Price of Fiddles & Squares. Easy dances...easy instructions...a fun night out for all! Carley Hall is located in Oro - Medonte at 396 Warminster Sideroad, between Lines 8 and 9, north of Horseshoe Valley Road. Page 47 of 178 12a) - Announcements of Interest to the Pu... 1 2 EadtI4t h Annual oarage , lan t & Bake Sage All donations of items to sell or baked goods would be greatly apprecieated. Please drop off items and baking at the Eady Hall or for pick -up call: Ralph Hough at 705 835 -2270 Dave MacMillan at 705 835 -5488 Bill Gray at 705 835 -3216 Your "junk" may be somebody else's treasure! Rain or Shine Saturday June 4th, 2011 8:00 a.m. to 2:00 p.m. at Eady Community Hall The Eady Hall is located on the Eady Station Road between the Oro - Medonte 10th and 11th consessions north. Lots of great deals and delicious home baking plus fresh coffee, hot dogs and pop. All proceeds go to the improvements of the Eady Community Hall and local community projects. Page 48 of 178 12b) - Correspondence dated May 12, 2011 f... CARRIED May 122011 Mr. Doug Irwin Director of Corporate Services, Clerk Township of Oro - Medonte Box 100, 148 Line 7 South Oro, ON LOL 2X0 Dear Mr. Irwin, Re: 2011 Lake Simcoe Region Conservation Authority - Budget and Municipal Levies Moved by: BOD -72 -11 Lake Simcoe Region Conservation Authority M. Baier Seconded by: E. Bull 120 Bayview Parkway Box 282, Newmarket, Ontario L3Y 4X1 Tel: 905.895.1281 1.800.465.0437 Fax: 905.853.5881 E -Mail: Info©Isrca.on.ca Web: www.lsrca.on.ca SENT BY REGISTERED MAIL MAY 1 2011 ORO-MEDONTE TOWNSHIP The Township of Oro - Medonte is an important and valued partner of the Lake Simcoe Region Conservation Authority ( LSRCA). On behalf of the LSRCA members and staff, I extend to you our sincere thanks for your support of our 2011 Budget and for the assistance provided during our budget process. The Lake Simcoe Region Conservation Authority's Board of Directors, at their meeting held on April 29, 2011, passed the following resolution: RESOLVED THAT Staff Report No. 25- 11 -BOD entitled 2011 Proposed Budget be received; and THAT the 2011 Budget Estimates, with projected revenues in the amount of $13,759,625, as presented in the 2011 Budget book be approved; and THAT the net reserve appropriations in the amount of $41,217 as outlined in the 2011 Budget book be approved as amended to include the revised statement "Net transfers from reserves (41,217); and THAT copies of the approved budget be circulated to the Lake Simcoe Region Conservation Authority watershed member municipalities; and FURTHER THAT each watershed member municipality be formally advised of their respective share of the general levy and special capital levy. The voting on the Conservation Authority budget resolution is based on a weighted majority voting procedure with votes weighted by proportionate share of the total assessment, in accordance with the Ministry of Natural Resources policy and protocol developed by the Association of Municipalities of Ontario and Conservation Ontario. The budget resolution requires a weighted majority of 51% in order to be passed. The 2011 budget resolution was unanimously passed by the Members in attendance with a 100% weighted majority. The vote was recorded as follows: /2 6j - ‘ 951* 201 Proud Past. Focused Future Page 49 of 178 12b) - Correspondence dated May 12, 2011 f... Mr. Doug Irwin May 12, 2011 Page 2 Representative Councillor Maria Baier Reg'I Councillor Jack Ballinger Reg'I Councillor Debbie Bath Mr. Eric Bull Councillor Glenn Campbell Councillor Mel Coutanche Councillor Phil Craig Councillor Del Crake Mayor Geoffrey Dawe Reg'I Councillor Bobbie Drew Councillor Avia Eek Councillor Ken Ferdinands Mayor Robert Grossi Mayor Virginia Hackson, Chair Councillor Bruce Haire Councillor Dave Kerwin Councillor John O'Donnell Councillor Barry Ward Partner Municipality Town of Innisfil Durham Region (Uxbridge) Durham Region (Brock) City of Barrie City of Kawartha Lakes Township of Oro - Medonte York Region (Georgina) Town of Bradford -West Gwillimbury York Region (Aurora) Durham Region (Scugog) York Region (King) York Region (Whitchurch - Stouffvile) York Region (at Large) York Region (East Gwillimbury) Town of NewTecumseth York Region (Newmarket) Township of Ramara City of Barrie CVA Please accept this letter as notice that Township of Oro - Medonte's portion of the general levy for 2011 is $32,685. Lake Simcoe Region Conservation Authority 5.67% 3.02% 3.02% 12.80% 0.62% 1.54% 7.14% 5.27% 7.14% 3.02% 7.14% 7.14% 7.14% 7.14% 0.61% 7.14% 1.65% 12.80% /3 Page 50 of 178 12b) - Correspondence dated May 12, 2011 f... Mr. Doug Irwin May 12, 2011 Page 3 In accordance with Sections 27(8) and 27(9) of the Conservation Authorities Act, any appeals to the Ontario Mining and Lands Commissioner must be made within thirty (30) days from the date of this letter. We would request that you advise us should you wish to make an appeal of the levy. The LSRCA also appreciates the commitment and funding support to its special capital programs. The special capital levy for 2011 is $51,218. Enclosed with this letter is a copy of our 2011 Budget Book and Staff Report, 25- 11 -BOD, both of which were presented and approved by the Board at the April 29, 2011 meeting. This budget advances the ability of staff to conduct necessary scientific research, implement protection and restoration programs and continue to engage the community through education and outreach programs with a collective view of addressing the pressures facing Lake Simcoe and its watershed. Also enclosed is a copy of the final 2010 Audited Financial Statements for the LSRCA. Further, please find enclosed an invoice in the amount of $83,903, which represents both the General and Special Capital levies. If you require clarification or any further information, please do not hesitate to contact me or Jocelyn Lee, General Manager, Corporate and Financial Services. Again, on behalf of the Lake Simcoe Region Conservation Authority, I thank you for your partnership and support. You ly, D. c .yle Wood, CMM 111 Chie Copy: Councillor Mel Coutanche, LSRCA Board Member (w /o enc.) J. Lee, CMA, General Manager, Corporate & Financial Services LSRCA (w /o enc.) P. Gravelle, Director of Finance /Treasurer, Township of Oro - Medonte (w /enc.) Robin Dunn, Chief Administrative Officer, Township of Oro - Medonte (w /enc.) Encs. /rsf dministrative Officer Lake Simcoe Region Conservation Authority Page 51 of 178 TO FROM : DATE: SUBJECT: Background: Lake Simcoe Staff Report No.: 25- 11 -BOD Region Page No. 1 of 6 Conservation Authority Agenda Item No. XII(a) BPD -04 -11 Purpose of Staff Report: Board of Directors Jocelyn Lee General Manager, Corporate & Financial Services April 29, 2011 2011 Proposed Budget RECOMMENDATIONS: THAT Staff Report No. 25- 11 -BOD entitled 2011 Proposed Budget be received; and THAT the 2011 budget estimates, with projected revenues in the amount of $13,759,625, as presented in the 2011 budget book be approved; and THAT the net reserve appropriations in the amount of $41,217 as outlined in the 2011 budget book be approved; and THAT copies of the approved budget be circulated to the Lake Simcoe Region Conservation Authority watershed member municipalities; and FURTHER THAT each watershed member municipality be formally thanked for their support and advised of their respective share of the general levy and special capital levy. The purpose of this Staff Report is to provide the Authority's Board of Directors with the 2011 Proposed Budget book which contains the 2011 proposed budget estimates for their review and approval. On June 25, 2010 the Board of Directors reviewed and approved a Staff Report regarding the proposed 2011 budget development process, assumptions and schedule. The initial budget assumptions included a proposed 6% increase to the 2010 base general levy. However due to budget pressures which included significant increases in OMERS and medical benefits, and a loss of interest revenue income, and increased legal costs associated with enforcement of regulations and permits, the 2011 general levy increase required was 7.9% along with CVA adjustments. The Board approved the changes in budget assumptions as recommended by the Administrative Committee in September 2010. 12b) - Correspondence dated May 12, 2011 f... Staff Report No.: 25- 11 -BOD Page No. 2 of 6 Agenda Item No. XII(a) BOD -04 -11 Throughout the budget process, over several months, the Staff Executive Management Team met on a number of occasions to review and develop the 2011 proposed budget. LSRCA staff attended budget meetings with several municipal partners' financial staff, and maintained ongoing dialogue with them as the budget developed. LSRCA staff also made 2011 budget presentations to various municipal councils and committees. In February 2011, staff received notification of the York Region District School Board's discontinuation of their contracted service agreement. The Authority's 2010 Strategic Marketing Plan for the Scanlon Creek Outdoor Education Program had identified necessary changes and, as such, operational changes have been included in the 2011 proposed budget for the 2011/2012 school year. The document entitled 2011 Proposed Budget reflects municipal and provincial funding projections, proposed transfers to and from reserves, inclusion of deferred revenue and updated Conservation Authority generated revenue. Qualitative information regarding the LSRCA programs and services is provided to support the quantitative budget schedules. The 2010 actuals have been finalized as part of the financial year end process and as such the 2011 proposed budget incorporates the 2010 year -end deferred revenue. It is also useful to note that the projected funding reflects the amounts actually approved by the councils of the partner municipalities and /or confirmed by municipal staff as expected for approval, with one exception. Durham Region Council has approved their staff's recommended general levy amount, which excludes the required Current Value Assessment (CVA) adjustment as outlined in the Conservation Authorities Act. Durham Region Council has requested that a report be presented to Council addressing whether or not the Region would be in compliance with the Act if they do not accept the Authority's levied amount, which includes the CVA adjustment. The conservation authorities within Durham Region have recommended to the Region's Finance Chair that the CA's lead this review to offer proactive solutions to budgeting challenges. This proposal has been accepted by Durham and the Authority's Durham Region representatives are supportive of this approach. Staff will report to the Board as this study unfolds. Additional funding from York Region was also approved for the 2011 budget, which provides the Authority with the ability to incorporate a 1% COLA and step adjustment. This increase was conditional upon all other municipalities paying their share of the general levy. All municipalities other than Durham Region have approved the additional general levy. Without the additional funding the Authority would not be able to offer a 1% COLA or step adjustment in 2011. Staff did not receive an increase in 2010. As such the 2011 budget has been prepared with the intent to levy Durham Region for the full amount of the general levy apportionment including the current value assessment adjustment in the hopes that this matter is resolved through the upcoming review. Page 53 of 178 12b) - Correspondence dated May 12, 2011 f... On April 29, the 2011 proposed budget will be presented to the Board of Directors. Key budget issues will be highlighted and the Board of Directors will be asked to vote on the approval of the proposed budget. Issues: Staff Report No.: 25- 11 -BOD Page No. 3 of 6 Agenda Item No. XII(a) BOD -04 -11 Although detailed information is provided in the attached 2011 proposed budget book, some highlights regarding the 2011 proposed budget are as follows: 1. Federal Funding for Lake Simcoe The federal government announced in 2008 a funding commitment of $30M towards projects to preserve and protect the environment of Lake Simcoe. For the 2011 budget the projects and programs that were known to be approved by the federal government have been included in the revenues and expenditures. The level of federal funding in the 2011 budget is very similar to that of the 2010 budget year. 2. Donation Revenue A significant amount of donation revenue from the Lake Simcoe Conservation Foundation has been included in the 2011 budget. The Foundation board has approved donation funding in the amount of $235,000. Other donation revenues included in the budget consists of $51,921 for the forgivable loan interest portion from York Region and $171,777 for the principal portion of the forgivable loan for the Authority's administrative building which was constructed in 2006. 3. Fee Revenue The planning and permit fee revenues have been adjusted to current trend levels. The Education & Community Connections fee revenues have been reduced to reflect the discontinuation of the York Region District School Board contract. 4. Administration Building The fully forgivable ten year loan issued by the Region of York in the amount of $1,770,059 representing their respective financial commitment towards the administrative building addition is in its fifth year in 2011. The opening balance of this loan in 2011 is $1,153,806. The expectation is that the annual principal and interest on this loan is forgiven annually each April. As such, related to this loan, the 2011 budget provides for interest expense and offsetting donation revenue in the amount of $51,921, and reflects donation revenue in the amount of $171,777 for the principal portion of the loan which will result in an accounting "surplus" in the amount of $171,777. 5. Lake Simcoe Protection Plan In 2008, the province approved the Lake Simcoe Protection Act. Under this legislation, the LSRCA plays a lead role in sub- watershed planning, water budgeting, flood plain mapping and stewardship. In 2011, the province has provided $650K for works in this regard. Page 54 of 178 12b) - Correspondence dated May 12, 2011 f... Representative Councillor Maria Baier Reg'I Councillor Jack Ballinger Reg'I Councillor Debbie Bath Mr. Eric Bull Councillor Glenn Campbell Councillor Mel Coutanche Councillor Phil Craig Councillor Del Crake Mayor Geoffrey Dawe Reg'I Councillor Bobbie Drew Councillor Avia Eek Councillor Ken Ferdinands Mayor Robert Grossi Mayor Virginia Hackson, Chair Councillor Bruce Haire Councillor Dave Kerwin Councillor John O'Donnell Councillor Barry Ward Staff Report No.: Page No. Agenda Item No. 25- 11 -BOD 4 of 6 XII(a) BOD -04 -11 6. Reserves and Deferred Revenue For purposes of developing the 2011 preliminary proposed budget, the draft Audited 2010 year end reserves, as proposed, and deferred revenue balances, have been reviewed and have been incorporated into the 2011 proposed budget. A summary of proposed reserve fund transfers and projected balances is provided in the Financial Reports section of the 2011 budget book. 7. Board Budget Approval Voting Procedures As required by the Province of Ontario, a weighted vote is required for budget approval. The following procedures will occur when considering the 2011 Proposed Budget at the April 29, 2011 LSRCA Board of Directors meeting: a) An overview of the 2011 Budget will be presented. b) A roll call of the members present will be completed by the CAO. c) The budget vote will be recorded and each Member will be requested to vote yea or nay to the attached budget, done in alphabetical order. Further, the vote will be weighted based upon the current value assessment (CVA) of each municipality within the watershed. The Region of York's vote is required to be capped at 50 %. The recorded vote will be taken as follows: Partner Municipality CVA Town of Innisfil 5.67% Durham Region (Uxbridge) 3.02% Durham Region (Brock) 3.02% City of Barrie 12.80% City of Kawartha Lakes 0.62% Township of Oro - Medonte 1.54% York Region (Georgina) 7.14% Town of Bradford -West Gwillimbury 5.27% York Region (Aurora) 7.14% Durham Region (Scugog) 3.02% York Region (King) 7.14% York Region (Whitchurch - Stouffvile) 7.14% York Region (at Large) 7.14% York Region (East Gwillimbury) 7.14% Town of New Tecumseth 0.61% York Region (Newmarket) 7.14% Township of Ramara 1.65% City of Barrie 12.80% In order to pass the budget, 51% of the votes determined by CVA are required. Based on the results of the recorded vote, the member municipalities will be advised of the outcome of the budget decision and levied accordingly subject to a 30 -day appeal period. Page 55 of 178 12b) - Correspondence dated May 12, 2011 f... Relevance to Authority Policy: Impact on Authority Finances: Staff Report No.: 25- 11 -BOD Page No. 5 of 6 Agenda Item No. XII(a) BOD -04 -11 The Authority works in partnership with its watershed municipalities to fulfill the objective of protecting and restoring Lake Simcoe and its watershed. The Board of Directors, comprised of representatives of the member municipalities, approves the budget estimates. The 2011 Proposed Budget totals $13,759,625 million in revenue as compared to the 2010 approved budget of $15,294,466 million. The major factors that influence the $1,534,841 million dollar decrease on a net basis in budgeted revenue are; • the decrease in fees for service revenue related to the planning and permit department and the education program. • the decrease in provincial funding, the majority of which is for Source Water Drinking Protection program. • the decrease in federal funding for programs and projects related to Lake Simcoe Clean -up Fund. • the economic increase in general levy of 7.9% Summary & Recommendations: The 2011 proposed budget estimates presented in this report reflect an allocation of resources that aligns with, and supports the LSRCA strategic direction and priorities. This budget maintains existing programs and services with the exception of the education program as previously noted. The budget will continue to permit staff to conduct the necessary scientific research, implement protection and restoration programs and continue to engage the community through education and outreach programs with a collective view of addressing the pressures facing Lake Simcoe and its watershed. RECOMMENDED THAT Staff Report No. 25- 11 -BOD entitled 2011 Proposed Budget be received; and THAT the 2011 Budget Estimates, with projected revenues in the amount of $13,759,625, as presented in the 2011 Budget book be approved; and THAT the net reserve appropriations in the amount of $41,217 as outlined in the 2011 Budget book be approved; and THAT copies of the approved budget be circulated to the Lake Simcoe Region Conservation Authority watershed member municipalities; and FURTHER THAT each watershed member municipality be formally thanked for their support and advised of their respective share of the general levy and special capital levy. Page 56 of 178 12b) - Correspondence dated May 12, 2011 f... Staff Report No.: 25- 11 -BOD Page No. 6 of 6 Agenda Item No. XII(a) BOD -04 -11 Pre - Submission Review: This Staff Report was reviewed by the Chief Administrative Officer. Prepared by: J. Lee, General Manager, Corporate and Financial Services. Original signed by: Original signed by: J. Lee, CMA General Manager, Corporate & Financial Services Attachments: (1) 2010 LSRCA Budget Book D. Gayle Wood Chief Administrative Officer Page 57 of 178 12b) - Correspondence dated May 12, 2011 f... Page 58 of 178 12b) - Correspondence dated May 12, 2011 f... Page 59 of 178 C 0 . 17 , N C 0 U N t LO Crl c CU N Ln t CU L CD c 0 2 CU N N t O 12b) - Correspondence dated May 12, 2011 f... Page 60 of 178 12b) - Correspondence dated May 12, 2011 f... cu s U cu o • a CU Ln 0! 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Page 62 of 178 O O C c 4J O O i H H U 12b) - Correspondence dated May 12, 2011 f... Page 63 of 178 12b) - Correspondence dated May 12, 2011 f... i Y O N O O i N N -0 a te -, ' s_ t N N t CU > N u cc E o v) t 3 U a ,�i, ' L > t O a0 t O a-, - a . vs uo c 0 0 H ao C 0 — c a -, v' - _c 3 c - O V ) c c ,n • :° u t C CU v C u r1 -0 c ,n a. ' — OO E c V) U - +, -a N 0 U o O 0 E °) L ago . E O cu cu + o :+ 0 N O N L_ co 4._, N y_ v) a te - . a c +, O ON 0 N cij N N "a a0 a "a C ,n ao c +, 0 c m— Q V, ate-, N c CU O u O i O O O O t .4-Mg O O O :II be N t E ° Ln CU CU ao > c +, c n CU M +, Fu IS LL) c a> ` c C( Ln C Q o a 0 c c n° CU -0 t O 3 +, t O 0 u CU .+, o CU c ° + . , c O N H +, +, i v c N N co > . a0 N a- E c ,n " ✓3 ~ c� N O 2 cm c O c ri O ro c� v O O O O C a-, N O N h o , > N ' E O U N S co C C 0- N vs "a N • C O 0 > "a Q ro L N a te - , - — 0 c C CU c � E 'L. ,n a=O c •' ate--' u a O C 7 t N 0 0 E u CU O C O ° O . c O ao O O C N +' cup f? C U O + a..' 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"C N _ c n c t -C.-- ,n CU C ..12 y o N 2 E - 0 n3 (0 L-•- o N ° CU _ c E o i + >' c m N c C +' n 11 1 ,n N C C "a N N O - r6 C C 'a .w N 0 ,6 r6 a C . 0 ( ( - 1? N E C �i O N N (6 cto C N .+, !_' a Q 6 ° ate-, E O (0 N a L -' °C E 1? cu ( O c c 13.0 ° c 3 o Q n o a E cu E C o o t o> N o o Q CO O vl Q 1— U , (0 N _o . in. 'a -J L_ c .F. + .E O 2 , Page 64 of 178 - c c T Ln E t o = r-1 E ,n 1.4 . X M > O E > 0 _ (o > I? bO ro o "6 0 0 Ln O N Ln v, (-6 C U Ln O O N c c _o 0 . 0 0 0 0 O O U Q .y n3 LU l a o J - a U co 0 0 c no (6 E cu .Ln > a) h0 C Op (o O C cu -cs N 4- 0 cn U 0 0 (6 E . 17-. N N CID CCS I� O N N V H CU (6 .`O c E t CU c E U Q o o 0 6 ..— +o c ao > w cu 3 w c o tD O N U cu H = .c +`� c LA O cu 2 r-, >. v a 0 CU (0 =' OC O > N 'u °' E CCI c o (o c 12b) - Correspondence dated May 12, 2011 f... N t .1 ,n C N LE 0 6 0 E. (o co L. cu a ° 0- ^. N Ca > .� ,C'. z , U (o •(—° ro E cu a. N , "a SD_ : - c C 9, 0 m 0 ra t a"' C be 3 .ICI CZ c C V o -a ' N .0 _0 v) u CL) +_ N CI O (6 Cn U Page 65 of 178 00 12b) - Correspondence dated May 12, 2011 f... Page 66 of 178 12b) - Correspondence dated May 12, 2011 f... • • O Page 67 of 178 NJ NJ C t C 0 . 17 0 N C . Q 0 0 Vf N N C C CU C Vf N t Q cu cu 12b) - Correspondence dated May 12, 2011 f... U C N U N o C Y 'Q C • f6 2 • NJ f6 CD C r (0 • z -C C • o c • c a) la E 5 w m Page 68 of 178 12b) - Correspondence dated May 12, 2011 f... CU +■ CU CU U C 0 0 E 0 CU O Q y J CC Page 69 of 178 12b) - Correspondence dated May 12, 2011 f... 0 CU C6 U C f6 CU C C N C O C c C c C 0 0 E 0 t O t c C C cu Y C6 J 0 O be . 0 C -a co C CU (6 V, co i CU C - a a) C C2 a O CU CU *' t CU C E O 0 ' U CU N u 0 s. o O E r6 • O CG C6 CU CU = - ca C C CC 0 CD U C E a • 0 v , • C 0 C6 cu O 2 c ci rt 0 U A C p. — N o iJ O • - 0 F C C C6 0 U CU • c N 0 0 ny i be O C o as • 0 c. E 0 CU (0 � 3 0 • 0 M Page 70 of 178 12b) - Correspondence dated May 12, 2011 f... Page 71 of 178 0 CU CU U 0 C 0 N CU 0 c E v, U O C 0 U (0 12b) - Correspondence dated May 12, 2011 f... • c T o cu E O 0 o U 0 CO Oa CU 0 C • ,n • N • U C6 GL 2 ▪ L ❑ m E • E bA (0 cC ' � co ▪ t p • N O Q O C6 Q U • -J • J • cij O t H Page 72 of 178 12b) - Correspondence dated May 12, 2011 f... • 1 0 c - ° -0 a o 0 o sz - C L to by co iZ > N c a--∎ — CU CU • • • • • • • N t • • CU CU t I f6 U J t • U CU z be C _c 04 .O bA a � O CO U cu U O � o "o a • cu O I N • • r Page 73 of 178 1 a te) — 0 > • h0 v) C O ro a) N .O � ; C U CU C 10 CC CU = a--' ro t O C O O N O c/1 v, v) v, as a) !_' U cc co 0 O o N O O U "— E a) f6 J r .. C 0 N a) '' a) +O-' O Q a) u 2 N 04 i O - t O E t a +� 0 •' " O O .. C 0 ci' 0 E 22 O ra O L E 0 O N 00 *, c 0 -a > t E N ro O O 0 0 ( o 3 0 N E > Y cm 0 a > o E ° A t 2 E w ° ° ti4 ° o v .� > o ° a H co Y O O N �� � � L- ill n, � � N ~ Y � O � �� O N � L � +' • f6 f6 cc f6 O Q 0 O ro E ao c 3 a° ° ° M D bD c u 0 a °� - E ° o E a Q E .a' ° 4--. c ° °C 3 Q — ° °° ° °° '+ — ° el I c E o ° r. 4_, i ° 0 3 a Y ° w ° 0 'L E a °° H a a ° `o ° a 'E O a.. H r c> cu a cu . a-T' .� C". X E Q +-' a) O rL +�-' a) a' +� N . a-' a--' C C A a) cn r6 bO a O O E O _0 _c O cn a) a'' 7, C a) C v, E .) t C c Q LL 'ro ... O 0 Q u ' no N E E E a o o a) a ro N .> E .. E r o ' ° • E u> i3. tie a c t a • _ .. +� (0 ao E ca (0 Q u ° .-' ro U O ro ao ° E L — ro c o _0 , ° U' c o o f c o o E ro c E ° c be . : 0 cu o° ° c U _C O O O L g E aT ' ro ? .‘L C Y 0 C O C u O U ate--' le t 07 a--' a) O �' +� , - O o '� °� v E c ° E „au U ti4 c 0 O "a L ) -a +`� rn c/1 _ ) a) N "a 0 00 4 0 N ' � O O _ t c O H i _ 4:13 0 O 0 a) a . 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O a O O Q cn t o -a V >, o .E m o a° • t m be b.0 O Q Y "a f6 c = a C O - O no cn a) C 3 'a . r6 U O N O a) bO U } Q ° t a O o o ° w c a) ro ro 00 E O 0 N O a) ; Y • O O a V' 2 ro LL LL - a v) CC > i ±2 •• _0 O O ' O O a ) , - 'a E • • • ma M C tie CU E- 0 • O "a 00 ro a) c > CU cu O 0 O Q t ro _0 LL O •S U 1— Z 2 Q E 12b) - Correspondence dated May 12, 2011 f... t ° +-' 3 ate--' ` t 2 _0 Q c 3 O o . t > - + C + 0) .�-' Y D o O a) — > N 0) ._ U 0 Q O n - a °U - >j . X C r6 U a--• 4 0 ) a) ro Q .E �) * , > c ' a) E ` o � � L ° = � 0 ro OOO a O-' M a o -ccc c n 0 �) 4- CL) . M ' E ° ° > 3 E M Q c m o . 3 D a) a O cn U 00 O .0 L 4., ? � cn c f "a 0 ° O H U r6 0 O r o O n CU C - _ a 0 • U ro v, (0 a a) C • " a E a) c 0 a a c u O ,n a- c 0 (0 ro - ._ v, L -0 U ro Q 0 0) i' _0 0 v 0 >, C O O .. a) 0 a' 0 LL Q ° O a) Q — c — a be LA 0 a' ,, ar Q ro ro C > > r• (/ a) z a � + a , 0) Q _ +- ro r.. O U O C .- 4- r6 O t cif) c C ro 0 O > LL H -I ° E E _o +. ro Page 74 of 178 C 0 cc -a i C N 6 C0 C E O� O t t.. 0 0 0. O 0 U O O I O cy N } 4- 0 N CA U -C 'y E y C� Y cu f6 4 f6 V J N a) N p L +-' f6 = C 0- O N U N W E r.. Q ' Cl. O t _o 3 E O 0 E m ca Q 1 Ln .L a a W W 0 J Q C N C 0_ Q 0 E U 0 C 0 ("0 C 0 LL C 0 N N C 0 U N 0 C U C_ 12b) - Correspondence dated May 12, 2011 f... Page 75 of 178 1- CU Q CU 0 N CU CU CU U 0 CU CU 0 (0 C 0 CU C > CU U _ Q 12b) - Correspondence dated May 12, 2011 f... 0 Page 76 of 178 E cu Q N C f6 be Q Vf N N be C c C c O E E O U N t C t Q E o .c a� ao E 'O O C L E o V, U y U U CA 0 u > • — E N O t CO) > y a H 12b) - Correspondence dated May 12, 2011 f... U J N t Vf CU cu S"i CU a-) no y C ^o N E ca c o E y - N CO) N c u U a.) Q i� t be 0 o z H- i.. N W C 0 0 a v, CI) N CC A T `s ( W o C y, O C.) U cu o ;. O O. a N u U L = 0 0 0 c ' o 4.d f6 RS te be C 0 0 o p ;" 0 A .L 0 ce 0 ;° c 03 p, O o a I- CU Page 77 of 178 12b) - Correspondence dated May 12, 2011 f... N t CU N L) U • C � C E E O U C C cu E f6 Q N I V) O O '0 C� ▪ U u C • E E U O N O ■■ 0 ca o O ▪ co p, 0 o U H N Page 78 of 178 • • E cu c O 0 c 0 t 0) t CU 0) C 0) 0 CU cu c E N c N v, 0) t 12b) - Correspondence dated May 12, 2011 f... • • • • • cu CU CU X • • • Page 79 of 178 12b) - Correspondence dated May 12, 2011 f... M N Page 80 of 178 12b) - Correspondence dated May 12, 2011 f... Page 81 of 178 st U N • O Z M N N 0 co M Ln O O co CO O N LO ,O O N N L� N V) V) N N N d' M ■--i , - N ■■ N O N O O O N ^ 0 0 • ,--1 Cr) M Lt] Cr, M M � .-- N Lt] ■.(5' O Lt] N CO M r1 Ln d' ■■ O d" d' N N M Lt] N ■-1 O d" N C N 0 O O rS Cr) Lt) C r-1 N Ln 117 r1 d'^ 6 C Ln N Lt] 0 O d" N M Lt] d' N LC M Z co 0 M N N7'd'�y 12b) - Correspondence dated May 12, 2011 f... Lf O Ln 0 d' N O N Z Oco 0 ' O Lt Cr 6 co N r O e Lf ,--, Ltd O N O ON N ' -1 ‘,0 O 0 .14 N M Lt] Lt] N T a 0' 0 N In T-1 O N O O d O M 6 O N N 0 CS) M N �O Ln N CO 0 In y-1 N CO y - 1 1--1 CO L N Ln , r - 1 Ln C; if) Ln T-1 T-1 0 M 0' 0 d' T-1 Page 82 of 178 co O M d" N ch �O O u] d N M N M © O N �O d CO d N N � N ct ct a -O Cd cq U a (._) • co ct '70 N • co C7v s . 0 7 crS s. 0 a C O C7 � Iv a) O rx N 'N x 0 0' 0' 12b) - Correspondence dated May 12, 2011 f... N u] N CO CO © d N 1-1 O N CO ' O N N ti O M N �--� O N rl LC C CO 1-1 Lt N N O , Lr d, N d' O d" N R co co d" © 1 d. d ■--i N N M O M N N d" M O d. ■-1 C N d" O tt] c'n N ■--■ d L bA crS O C N ca Ln 0' r-1 0' 0■ N Page 83 of 178 N d Cr N. d" ■--i N N Cr d" ■--■ O .0 CO M O N 00 N d ,--/ N N M N ▪ O O d' C N Cr O 7 r c0 N C .'7 Cr) d N O d N N O M d M O d ■--■ d d" M N N N O O u] d O N Lt] O CO ‘.O ‘.O d d u]ONO O 00 O Cr N ‘.O N N u] d © d co d N �O O N �--i �-- �--i �-- ct c L7 a - 0 Cd cq U 02 .a —o U • c� • c0 C C N 7 o 0' In Ln Ln O T-1 LC) N LC) 12b) - Correspondence dated May 12, 2011 f... CO O d' N N O d" O o �--� d'^ oo N u] © d d N M M d u] N d' N O N N ‘,O N O ON O ON ‘.O ‘.O ‘.O Cr CO O ‘.O ON ON O u] C O N d" Cr) d" ‘.O Cr) N N ("s1 N N d O u) M �O �O N M M O O N z d' Sri ■-i ■-i ■-i u] d d N Lt N .--i E co c. to o E a , bp O E CO ' " b 0 U c 0 _, • E a 023 �j � o 0 o o °" c 0 w 023 O 0 — U � _ o • r c +2 o co w c. a �` 0 i a E 0: o a-) 0 C Lt. v) O O 0 c . "0 • O • 0 a w w LT. a co c. by 0 a co 0 0 cO - 0 N co 0' M co Ln Ln co T-1 co N 0' N In LC) d" O In Ln CO O r-I 0' ■ T-1 Page 84 of 178 M co M Ln y y 1--I N tx0 O. 'O O O N a M r ' ' d' N Cr) N y +' N d ' O 014 (\I N O LC O �O O Or O N O Ln O Ln © O O �O d' d �O C, d. 0r-171.0 C S N O O , .O , .O N O N O^ N CS r-7 O O M M (- L(J L( co N c © N N co O Ln O O co c O Ln C N Ln O ∎O N O �O 1--1 12b) - Correspondence dated May 12, 2011 f... Lf Ln O co c O N N N Lt O O N d' cn N M N d' d' M LI] O N �O 0 ■ O - 0 C 0 c° o O O ct N W • O C • co C � G O 0 U U O CO M © Ln Page 85 of 178 ^ O � M r1 O N c•©© co N cs O M +'' co, r-i N N ' r--- O N M N 1--i C . 0 N N M O O O 00 N N 00 cyi tri O M d N N C7 u] r-i N N O u] '0 O cN N CO N d' Lri co cvj N N N N N u] N r-i O Lf M N N r-1 0' O T-1 - c a) _ + °) , 0 0 `! � ca LD 0 a) ▪ 0 CC C a) 0 a) cn F W 12b) - Correspondence dated May 12, 2011 f... CO to d" ` u] N O `SO ‘.0 N N u] u] N N N u] C' N M N 1--1 CO d" CO 71 d"^ N M N ' N N N O O O r1 cr co Lt �--1 N co N u] ^I N d" Ln �c M N r1 M Cr) d" N O d" N .--1 ‘.0 Cr) c., O O N Cr) N O Cr) , ,c d" M N O M N -1 7 71-' L M NN M to O Ln tic co) to �c O O tin O N O 00 N M M N d" •"^ d"^ N so Lri 6 6 Lri Lri N M cos, co d" Lt u] O N M r1 d" u] u5 M bA O T-1 N Lf N T-1 co co Lf M N �p N M C N crs N N N O N Tt. r_ d" N v N O 0 0 0 a) n H L" O 0 B crS s. O a) ` 0 G • a) 0 C r, a 4- o a) c ca 0 c�'a o c � , a) U a.) 0 •°� E - a C +, N , c' W 0 O ▪ 0 > M C a., c" -a N r. s } 0 .t C - +, v , 7 c n w ct s.. 0 O 0 O O -o O o ^O o 0 O E4-W C o 4w ›, 0 .•-,"' E n a }, ca 0 a) a) y u ass E c c wo ; W ( -.) 4C ). o cn ..0 0 o y N w S - . C y .a a 023 W , p: ' 0 is s.. 0 C'" P--..., 41 co n' C O" ` a c�w L D=0 > as Z w Page 86 of 178 3 3 0 0 0 in in a n n ,`=. o a 12b) - Correspondence dated May 12, 2011 f... E x Li O m in a � o m in m Oi N m N m N � N 0 0 0 0 0 0 0 t0 O 0 m 0 N Oei m m in in m a m m O a R . m a m N m � � N N ' C W. n m m N N m N m a m vi o 0 of ni a n 5 a° o m U Oi M V1 N c m i ' M � o x s x E ffi o v a 0 3 E o s m E o � o � L y Q Z K> o f °w N E N � n O N n Oi � � N W M a m m m m m v`�i N N m a m m in n n m m m I� N N O m N in N a o o a o m N O V1 M V1 N a ,y N m m Vt i L N N O D L2 x n a � 0 o a � n o .� N o O a o V1 a o ni - N N N � n m m m N � n a o O m o � m � N C N C tD C N N m a n o m m tD O N tD W" v N m m m a v'^i on oO a rc ' o m m .� m m mi °m m n a o of a o m .� m m m a m in N N N V1 N N m m 0 0 0 0 0 ti n m O a N -1 a a o N m^ N N n N N C m o in N D E in m m o vi � rci � 5 m O m tD V1 N I� o� vi a � 5 ni m m vi vi n ° m o E °m n °m n c N' c m' i RR I� M Page 87 of 178 O 0 O O O 0 M O O O 7 0 r ( a 0 m O O m O a O c n a O O M W O O N 7 O r ( 7 7 "n 0 0 0 0 O a O c n O O N. O O O 7 O N o0 N c N N N N N O N O 7 m E U U m 0) m 1 2 U o y N 0) C m Z Q C z Q W a y K 10 0 0 °- m m y d m a E m E " 0) 0 m O m U m U N O y U Q m U U W u C7 d > 12b) - Correspondence dated May 12, 2011 f... O 7 0 m O O a co o O 7 7 O O 0 d 0 E 0 CL 0 g E m _ D) O � E u E T O' N z li m O N 7 CO CO c O N st M (O M N c 0 7 N c N 7 N O N 7 W W O (0 h O N h N O W o0 N 0) N M 7 O N c c O d m LL j 3 0 m oz a a 0 0 0 0 E E 0 m U U m m m m J J 0) O Page 88 of 178 12b) - Correspondence dated May 12, 2011 f... Lake Simcoe Region Conservation Authority Financial Statements Year ended December 31, 2010 Contents Independent Auditor's Report 2 Financial Statements Statement of Financial Position 3 Statement of Operations 4 Statement of Changes in Net Financial Assets (Debt) 5 Statement of Cash Flows 6 Notes to the Financial Statements 7 Schedule 1 - Science and Research 13 Schedule 2 - Protection and Restoration 14 Schedule 3 - Education and Outreach 15 Schedule 4 - Program Support 16 Schedule 5 - Statement of Continuity of Reserves 17 Schedule 6 - Schedule of Accumulated Surplus 18 Schedule 7 - Schedule of Tangible Capital Assets 19 Page 89 of 178 12b) - Correspondence dated May 12, 2011 f... I IBDO Independent Auditor's Report Tel: 905 898 1221 Fax: 905 898 0028 Toll -free: 866 275 8836 www.bdo.ca To the Members of Lake Simcoe Region Conservation Authority C�•O c-.° Chartered Accountants, Licensed Public Accountants April 29, 2011 Newmarket, Ontario BDO Canada LLP The Gates of York Plaza 17310 Yonge Street, Unit 2 Newmarket ON L3Y 7R8 Canada We have audited the accompanying financial statements of Lake Simcoe Region Conservation Authority, which comprise the statement of financial position as at December 31, 2010, and the statement of operations, statement of changes in net financial assets (debt) and cash flow statement for the year then ended, and a summary of significant accounting policies and other explanatory information. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with Canadian generally accepted accounting principles, and for such internal control as management determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we comply with ethical requirements and plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Opinion In our opinion, the financial statements present fairly, in all material respects, the financial position of Lake Simcoe Region Conservation Authority as at December 31, 2010 and the results of its operations, changes in net assets (debt) and its cash flows for the year then ended in accordance with Canadian generally accepted accounting principles. BDO Canada LLP, a Canadian limited liability partnership, is a member of BDO International Limited, a UK company limited by guarantee, and forms part of the inter2tional BDO network of independent member firms. Page 90 of 178 12b) - Correspondence dated May 12, 2011 f... Lake Simcoe Region Conservation Authority Statement of Financial Position December 31, 2010 Financial Assets Cash and cash equivalents Short term investments (Note 4) Accounts receivable and other assets (Note 5) Liabilities Accounts payable and accrued liabilities $1,844,010 $ 1,658,005 Sick leave benefits plan 17,682 17,682 Deferred revenue (Note 6) 2,068,341 5,965,908 Security deposits 133,200 158,200 Vacation pay and lieu time accruals 23,154 82,385 Long term debt (Note 7) 1,153, 1,318,186 5,240,193 9,200,366 Net Financial Assets (Debt) 5,100 (454,144) Non - financial Assets Inventory of supplies 10,223 5,106 Tangible capital assets (net) (Schedule 7) 8. 440,422 8,597,654 Accumulated Surplus (Schedule 6) Contingent liabilities (Note 11) On behalf of /// L . e Board �-- Chair Chief Administrative Officer /Secretary /Treasurer See accompanying notes to the financial statements. 2010 2009 $ 506,921 $ 6,123,282 3,001,562 1,736, 2,622,940 $5,245,293 $ 8,746,222 $ 8,455,745 $ 8,148,616 3 Page 91 of 178 12b) - Correspondence dated May 12, 2011 f... Lake Simcoe Region Conservation Authority Statement of Operations Year Ended December 31, 2010 Revenue General levy Special capital levy and municipal partners Provincial and federal funding Revenue generated by Authority Other revenue Donation - forgivable loan Expenses Science and research (Schedule 1) Protection and restoration (Schedule 2) Education and outreach (Schedule 3) Program support (Schedule 4) Expenses included above relating to: Tangible capital assets Internal fee for service Expenses before amortization Amortization Loss on disposal of asset Net surplus for the year 2010 Budget (Note 3) $ 2,509,100 4,413,978 6,008,281 1,855,137 284,272 223,698 15,294,466 $ 6,745,920 6,993,671 5,623,461 5,349,015 839,890 778,466 2,476,901 2, 382,007 15,686,172 15,503,159 123,960 668,831 792,791 14,893,381 304,643 15,198,024 See accompanying notes to the financial statements. 2010 2009 Actual Actual $ 2,508,984 $ 2,457,821 3,459,900 4,676,388 7,187,678 5,484,987 1,487, 512 1,505,642 429,264 680,640 216, 218.164 15,289,639 15,023,642 6,732,372 5,643,209 875,662 2,622,617 15,873,860 150,119 547,183 677,879 894,024 827,998 1,441, 207 14, 675,161 14,432, 653 301,846 313,310 5,503 14,982,510 14,745,963 $ 96.442 $ 307,129 $ 277,679 4 Page 92 of 178 12b) - Correspondence dated May 12, 2011 f... Lake Simcoe Region Conservation Authority Statement of Changes in Net Financial Assets (Debt) December 31, 2010 Net surplus for the year Acquisition of tangible capital assets - net Proceeds of disposal of tangible capital assets Amortization of tangible capital assets Change in inventory of supplies Decrease in net debt Net debt, beginning of year Net financial assets (debt), end of year 2010 Budget (Note 3) See accompanying notes to the financial statements. 2010 Actual 2009 Actual 96,442 $ 307,129 $ 277,679 (123,960) (144,614) (546,012) (1,171) 304,643 301,846 313,310 (5,117) (2,780) 277,125 459,244 41,026 (454,144) (454,144) (495,170) $ (177,019) $ 5,100 $ (454,144) 5 Page 93 of 178 12b) - Correspondence dated May 12, 2011 f... Lake Simcoe Region Conservation Authority Statement of Cash Flows Year Ended December 31, 2010 Operations Net surplus for the year Items not involving cash Loan forgiveness Amortization Changes in non -cash operating balances (Increase) decrease accounts receivable and other assets (Increase) decrease supplies inventory Increase (decrease) accounts payable and accrued liabilities Increase (decrease) deferred revenue Increase (decrease) security deposits Increase (decrease) vacation pay, lieu time, and salary accrual (Increase) decrease in short term investments Capital Transaction Loss on disposal of tangible capital assets Purchase of tangible capital assets Net decrease in cash and cash equivalents Cash and cash equivalents, beginning of year Cash and cash equivalents, end of year See accompanying notes to the financial statements. 2010 2009 307,129 $ 277,679 (164,380) (157,300) 301,846 313,310 886,130 (5,117) 186,005 (3,897,567) (25,000) (59,231) (3,001,562) (5,471,747) (1,362,719) (2,780) 237,264 (1,419,313) 5,000 17,217 (2,091,642) 5,503 (150,117) (547,183) (144,614) (547,183) (5,616,361) (2,638,825) 6,123,282 8,762,107 $ 506,921 $ 6,123,282 6 Page 94 of 178 12b) - Correspondence dated May 12, 2011 f... Lake Simcoe Region Conservation Authority Notes to the Financial Statements December 31, 2010 1. Nature of operations The Lake Simcoe Region Conservation Authority (the "Authority ") was established on September 6, 1951 by Order - in- Council No. OC- 1723 -51, in accordance with Section 3(1) of the Conservation Authorities Act of Ontario. The objects of the Authority as stated in Section 20(1) of the Conservation Authorities Act R.S.O. 1990 are, "to establish and undertake, in the area over which it has jurisdiction, a program designed to further the conservation, restoration, development and management of natural resources, other than gas, oil, coal and minerals ". 2. Summary of significant accounting policies Management responsibility The financial statements are prepared by management in accordance with generally accepted principles for organizations operating in the local government sector as recommended by the Public Sector Accounting Board of The Canadian Institute of Chartered Accountants. Basis of accounting Revenue and expenses are recorded on the accrual basis, whereby they are reflected in the accounts in the year in which they have been earned and incurred, respectively, whether or not such transactions have been settled by the receipt or payment of money. Various revenue and expense items flow through the statement of operations based on their general nature in relation to operating activities. To the extent that these revenue and expense items relate to specific reserve balances, these items are reflected on Schedule 5 - Statement of Continuity of Reserves. Non - financial assets Non - financial assets are not available to discharge existing liabilities and are held for use in the provision of services. They have useful lives extending beyond the current year and are not intended for sale in the ordinary course of operations. Tangible capital assets Tangible capital assets are recorded at cost which includes all amounts that are directly attributable to acquisition, construction, development or betterment of the asset. Tangible capital assets received as contributions are recorded at their fair value at the date of receipt and recognized as revenue. The costs, less residual value, of the tangible capital assets are amortized on a straight -line basis over their estimated useful lives as follows: Land Improvements 20 years Building and Building Improvements 20 to 40 years Furniture and Fixtures 20 to 25 years Machinery and Equipment 4 to 10 years Vehicles 5 to 10 years Computers and Computer Software 4 to 10 years Infrastructure 20 to 55 years 7 Page 95 of 178 12b) - Correspondence dated May 12, 2011 f... Lake Simcoe Region Conservation Authority Notes to the Financial Statements December 31, 2010 2. Summary of significant accounting policies (continued) One -half of the annual amortization is charged in the year of acquisition and in the year of disposal. Assets under construction are not amortized until the asset is available for productive use. Leases Leases are classified as capital or operating leases. Leases which transfer substantially all of the benefits and risks incidental to ownership of property are accounted for as capital leases. All other leases are accounted for as operating leases and the related lease payments are charged to expenses as incurred. Cash and cash equivalents The Authority considers deposits in banks and short term investments with original maturities of three months or less as cash and cash equivalents. Vacation pay and lieu time liability Vacation credits earned but not taken and lieu time entitlements are accrued as earned. Reserves Reserves for future expenses and contingencies are established and approved for use as required at the discretion of the Board of Directors. Increases or decreases in these reserves are made by appropriations to or from operations. Government transfers Government transfers are recognized in the financial statements as revenue in the fiscal year the related expenses are incurred or services performed. Deferred revenue The Authority receives certain amounts principally from other public sector bodies, the proceeds of which may only be used in the conduct of certain programs or completion of specific work. Further, certain user charges and fees are collected but for which the related services have yet to be performed. These externally restricted amounts are recognized as revenue in the fiscal year the related expenses are incurred or services performed. Use of estimates The preparation of financial statements in accordance with Canadian generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities at the date of the financial statements, and the reported amounts of revenue and expenses during the year. The principal estimates used in the preparation of these financial statements include the useful life and valuation of capital assets and significant accruals. Actual results could differ from management's best estimates as additional information becomes available in the future. 8 Page 96 of 178 12b) - Correspondence dated May 12, 2011 f... Lake Simcoe Region Conservation Authority Notes to the Financial Statements December 31. 2010 2. Summary of significant accounting policies (continued) Retirement benefits and other employee benefit plans The Authority is an employer member of the Ontario Municipal Employees Retirement System (OMERS), which is a multi- employer, defined benefit pension plan. The Board of Trustees, representing plan members and employers, is responsible for overseeing the management of the pension plan, including investment of assets and administration of the benefits. The Authority has adopted defined contribution plan accounting principles for this Plan because insufficient information is available to apply defined benefit plan accounting principles. The Authority records the current service cost as pension expense. 3. Budget figures The approved budget for 2010 is provided for comparison purposes on the statement of operations. Certain programs or specific projects budgeted for in the year were not completed as at December 31 and therefore a direct comparison of actual versus budget amounts for expenses may not be appropriate. The 2010 budget was approved by the Board of Directors when the municipal levy was set on April 23, 2010. The budget figures are unaudited. 4. Short term investments Guaranteed 'Investment Certificate, redeemable after 30 days Interest rate 1 %, maturity December 13, 2011 2010 2009 $ 3,001,562 $ 5. Accounts receivable and other assets 2010 2009 Accounts receivable $ 1,470,675 $ 2,450,011 Due from Lake Simcoe Conservation Foundation 85,188 27,945 HST receivable 127,375 121,284 Prepaid expenses 53.572 23,700 $ 1,736,810 $ 2,622,940 9 Page 97 of 178 12b) - Correspondence dated May 12, 2011 f... L_ Lake Simcoe Region Conservation Authority Notes to the Financial Statements December 31, 2010 6. Deferred revenue Deferred revenue consists of funds held for the following projects: Province of Ontario (Ministry of the Environment) $ 698,260 $ 4,646,090 Province of Ontario (Ministry of Natural Resources) 45,361 132,021 Province of Ontario (Ministry of Transportation of Ontario) 7,721 7,721 Province of Ontario (Ministry of Northern Development and Mines) 134,910 142,441 Lake Simcoe Clean Up Fund (LSCUF) 2,169 59,507 Tree Planting - Various 98,443 160,658 Land Acquisitions - various 66,219 76,987 Lake Simcoe Conservation Foundation 150,799 144,520 Planning and Regulations 99,300 - Lake Simcoe Stewardship Program 44,000 Lower Maskinonge 4,557 Special Capital Programs: Conservation Area Maintenance York Region Catholic School Board Information Management System Thiess Riverprize York ORMCP Sub - Watershed Planning Groundwater Monitoring Water Response Surface Water Monitoring Open Lake Monitoring Natural Heritage Mapping Aquatic Beaver River Projects Durham Forest Operations Basin Wide Initiatives Natural Hazard Mapping Natural Partnership Flood Control Landowner Environmental Assistance Program Lake Simcoe Protection Plan Accessibility for Ontarions with Disabilities Act (AODA) Lake Simcoe Parking Lot Improvements 2010 2009 85,987 21,018 40,271 15,562 235,625 88,726 78,031 99 1,006 6,451 39,232 9,012 63,061 10,372 4,412 38,935 15,270 2,105 61,918 3,722 3,722 4,598 38,274 7,152 7,666 (LEAP) 213,953 2,017 17,505 17,936 178.927 $ 2,068,341 $ 5,965,908 10 Page 98 of 178 12b) - Correspondence dated May 12, 2011 f... Lake Simcoe Region Conservation Authority Notes to the Financial Statements December 31, 2010 7. Long term debt Pursuant to an Agreement effective April 18, 2006, the Regional Municipality of York ( "Region ") advanced the Authority a loan in the amount of $2,005,659 to partly fund the construction of the Authority's headquarters. The loan is unsecured and bears interest at the rate of 4.5 %. The loan was made up of a forgivable component and a repayable component. The forgivable component of $1,770,059 is repayable over a 10 year period. Provided that all of the terms and conditions of the loan are satisfied, the Region shall annually forgive the principal instalment otherwise payable in that year as well as the interest. Should the Authority be in default under the terms of the Agreement, any remaining outstanding balance of the loan shall become due and payable immediately, together with interest from the date of default. 8. Financial instruments The fair values of cash, short term investments, accounts receivables, accounts payables and accruals, security deposits and vacation pay, lieu time and payroll liability approximate their carrying values because of their expected short term maturity and treatment on normal trade terms. 9. Pension agreement The Authority makes contributions to the Ontario Municipal Employees Retirement System ( "OMERS ") which is a multi- employer plan, on behalf of full -time members of staff and eligible part time staff. The plan is a defined benefit pension plan, which specifies the amount of the retirement benefit to be received by the employees based on the length of service and rates of pay. OMERS provides pension services to more than 409,746 active and retired members and approximately 931 employers. Each year an independent actuary determines the funding status of OMERS Primary Pension Plan (the Plan) by comparing the actuarial value of invested assets to the estimated present value of all pension benefits that members have earned to date. The most recent actuarial valuation of the Plan was conducted at December 31, 2010. The results of this valuation disclosed total actuarial liabilities of $60,035 million in respect of benefits accrued for service with actuarial assets at that date of $55,568 million indication an actuarial deficit of $4,467 million. Because OMERS is a multi - employer plan, any pension plan surpluses or deficits are a joint responsibility of Ontario municipal organizations and their employees. As a result, the Authority does not recognize any share of the OMERS pension surplus or deficit. Contributions made by the Authority to OMERS for 2010 were $342,190 (2009 - $317,628). 10. Credit facility The Authority maintains an operating line facility with an operating limit of $500,000 which bears interest at prime plus .5% and is due on demand. As of December 31, 2010, no balance was payable under this facility. 11 Page 99 of 178 12b) - Correspondence dated May 12, 2011 f... Lake Simcoe Region Conservation Authority Notes to the Financial Statements December 31, 2010 11. Contingent liabilities Certain unresolved legal claims are outstanding against the Authority at December 31, 2010. No amounts have been accrued in the financial statements for any potential losses arising from these claims as the Authority anticipates any individual settlements will not exceed the limits of insurance coverage or the outcomes are not determined at this time. 12. Related party transactions The Lake Simcoe Region Conservation Authority exercises economic interest over the Lake Simcoe Conservation Foundation as the Foundation was established to raise funds and obtain resources for the exclusive use of the Authority. During the year, the Authority received $308,720 (2009 - $265,000) from the Foundation towards specific program deliverables. Additionally, the Authority received from the Foundation $216,098 (2009 - $178,337) for expense reimbursement of Foundation related expenses. 13. Comparative information Certain comparative amounts have been reclassified to conform with the financial statement presentation adopted in the current year. The comparative information was reported on by another firm of chartered accountants. 12 Page 100 of 178 12b) - Correspondence dated May 12, 2011 f... Lake Simcoe Region Conservation Authority Schedule 1 - Science and Research Year Ended December 31 Net revenue 2010 Budget 2010 2009 (Note 3) Actual Actual Revenue Special capital levy and municipal partners $ 1,986,403 $ 1,674,546 $ 2,004,956 Provincial and federal funding 4,759,517 5,248,558 4,620,646 Revenue generated by Authority 48,263 Other revenue - 22,304 73,870 6,745,920 6,993,671 6,699,472 Expenses Basin wide initiatives 292,347 182,779 400,874 Floodline /natural hazard policy and mapping 224,562 184,716 90,748 Natural heritage mapping 143,033 140,928 41,362 Drinking water source protection planning 3,900,408 4,104,655 3,489,501 Watershed health monitoring 1,654,423 1,932,599 2,241,770 Watershed planning 531,147 447,994 468,117 $ 6,745,920 $ 6,993,671 $ 6,732,372 Expenses included above relating to: Tangible capital assets 18,341 51,875 111,582 Internal fee for service - - 32,900 18,341 51,875 144,482 6,727,579 6,941,796 6,587,890 $ 18,341 $ 51,875 $ 111,582 13 Page 101 of 178 12b) - Correspondence dated May 12, 2011 f... Lake Simcoe Region Conservation Authority Schedule 2 - Protection and Restoration Year Ended December 31 Revenue General levy Special capital levy and municipal partners Provincial and federal funding Revenue generated by Authority Other revenue Expenses Conservation lands Land securement and property management Environmental planning and regulations Erosion and flood control structures Flood forecasting /flood warning Lake Simcoe Water Quality Improvement Program Watershed stewardship and forestry program Expenses included above relating to: Tangible capital assets Internal fee for service Net revenue 2010 Budget (Note 3) 1,862,032 1,244,964 1,260,726 145,496 5,546,063 512,764 404,378 1,415,355 191,066 261,014 2,541,261 297,623 5,623,461 11,150 28,286 39,436 5,584,025 2010 Actual 1,032,845 $ 1,029,827 $ 1,099,294 1,438,047 1,924,846 963,814 65,984 5,422,518 398,187 286,191 1,275,067 148,666 232,967 2,241,998 765,939 5,349,015 21,727 34,470 56,197 5.292.818 (37,962) $ 129,700 2009 Actual 2,364,501 860,541 806,249 513,441 5,644,026 312,272 733,988 1,353,208 215,509 171,558 2,563,995 292.679 5,643,209 406,033 291 406,324 5,236,885 407,141 14 Page 102 of 178 12b) - Correspondence dated May 12, 2011 f... Lake Simcoe Region Conservation Authority Schedule 3 - Education and Outreach Year Ended December 31 2010 Budget 2010 2009 (Note 3) Actual Actual Revenue General levy $ 221,343 $ 257,299 $ 99,592 Special capital levy municipal partners and municipal partners 40,271 50,824 68,287 Revenue generated by Authority: Donations 32,500 30,200 33,430 Fee for service 378,981 273,981 361,794 Interpretive fees 106,295 93,264 172,766 Other revenue 60,500 302,968 10,752 839,890 1,008,536 746,621 Expenses Community relations and outreach 221,343 174,698 130,230 Conservation education 618,547 603,768 745,432 839,890 778,466 875,662 Expenses included above relating to: Tangible capital assets 1,500 - Internal fee for service - 380 880 1,500 380 880 838,390 778,086 874,782 Net revenue $ 1,500 $ 230,450 $ (128,161) 15 Page 103 of 178 12b) - Correspondence dated May 12, 2011 f... Lake Simcoe Region Conservation Authority Schedule 4 - Program Support Year Ended December 31 Revenue General levy Special capital levy Provincial and federal funding Revenue generated by Authority Other revenue Donation - forgivable loan Expenses LSEMS operations Corporate communications Finance and administration Vacation accrual reversal Interest expense - forgivable loan Geographic Information Systems and Information Technology Human resources Office of the Chief Administrative Officer Vehicle and equipment pool Head office operations Rental properties Less: Expenses allocated to Education and Outreach Expenses included above relating to: Tangible capital assets Internal fee for service Net revenue 2010 Budget (Note 3) $ 1,254,912 525,272 3,800 76,635 78,276 223,698 2,162,593 196,643 485,885 549,766 59,318 555,375 305,226 220,450 139,405 172,476 13,700 2,698,244 (221,343) 2,476,901 92,969 640,545 733,514 1,743,387 $ 419,206 $ 2010 Actual $ 1,221,858 296,483 14,275 77,990 38,009 216,301 1,864,916 2009 Actual $ 1,258,935 238,644 3,800 131,403 82,577 218,164 1,933,523 173,963 175,534 422,264 499,471 489,732 689,501 620 55,198 61,301 556,084 699,096 331,907 215,090 208,899 222,975 120,391 44,974 173,629 124,716 19,461 4,141 2,551,528 2,737,419 (169,521) (114,802) 2,382,007 2,622,617 76,517 643,027 719,544 1,662,463 29,568 859,953 889,521 1,733,096 202,453 $ 200,427 16 Page 104 of 178 12b) - Correspondence dated May 12, 2011 f... Lake Simcoe Region Conservation Authority Schedule 5 - Statement of Continuity of Reserves Year Ended December 31 Balance Appropriations Balance December 31 Transfers to to December 31 2009 (from) reserves reserves 2010 Major Capital Asset Reserve Administration building major maintenance$ 25,445 $ (13,440) $ 16,528 $ 28,533 Beaver River Wetlands 25,881 - 25,881 Computer 50,000 50,000 Conservation Area Maintenance and Development 50,000 50,000 Education centre - capital 16,912 16,912 Flood control network and structure 24,947 - 24,947 Green space acquisition 60,490 9,000 69,490 Pangman - fencing 22,977 - 22,977 Signage 8,168 - 8,168 Vehicle and equipment 83,310 (22,445) 1,877 62,742 Sheppard's Bush - Small House 6,964 (4,832) - 2,132 Sheppard's Bush - Large House 22,107 (1,564) 18,968 39,511 397,201 (42,281) 46373 401,293 System Priorities and Programs Reserve Nutrient management 60,480 60,480 Legal 64,496 - 64,496 Human Resources - severance 30,247 30,247 Business Unit Reserve Environmental services 13,114 Finance and administration 30,636 Fundraising 1,938 Land management 8,411 Technical services 44,310 Thiess Riverprize General Operating Reserve Working Capital Reserve 155,223 155,223 (8,518) 98,409 (8,518) 200,060 (92,901) 235,625 13,114 22,118 1,938 8,411 44,310 235,625 235,625 325,516 38,127 145,286 124,382 124,382 Endowment Funds Deer Park 9,167 (426) 8,741 New Forest 9,088 (400) - 8,688 18,255 (826) 17,429 Total Reserves $ 869,148 $ (144,526) $ 444,507 $ 1,169,129 17 Page 105 of 178 12b) - Correspondence dated May 12, 2011 f... Lake Simcoe Region Conservation Authority Schedule 6 - Schedule of Accumulated Surplus Year Ended December 31 Accumulated surplus, beginning of year Net surplus for the year Accumulated surplus, end of year Accumulated Surplus consists of: Tangible capital assets Reserves (Schedule 5) Amount to be funded in future periods 2010 Actual $ 8,148,616 307,129 $ 8,455,745 $ 8,440,422 $ 8,597,654 1,169,129 869,148 (1,153,806) (1,318,186) $ 8,148,616 $ 8,455,745 2009 Actual $ 7,870,937 277,679 $ 8,148,616 18 Page 106 of 178 12b) - Correspondence dated May 12, 2011 f... .O M 0 O• O O .0 N N N CO CO 0 CC 0 M v L N N 7 Y � 7 E X ji L_ N Y 7 R a 3 E o E O o u ° � N C E a > m 00 a E 00 O. M th 00 O; N 00 00 CO IN h CO c 0 J V N 0 on O C + I0 Oil OS -0 o L)) 00 T < 0 0 00 0' O N 0 N VT 00 00 0 P N n a/f 00 0 V' N 00 O _ M N M M N 'Cr R M N 00 W C M O N) M N 0, v c ' 00 M N C' N M n O N N � M r-4 CO .o" ni N 00 N 0 Os 1 0 U rn 0 '0 00 R 0 O 00 >. O N C o E 7 'a O c W QQ 00 >. 0, irs co Lrs N 0 O O\ Page 107 of 178 13a) - Correspondence received May 16, 201... Page 108 of 178 15a) - A By -law to Adopt an Amendment to t... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2011 -075 A By -law to Adopt An Amendment to the Official Plan of the Township of Oro - Medonte (OPA No. 30 —Wolf Steel Ltd.) WHEREAS The Corporation of the Township of Oro - Medonte is empowered to Amend its Official Plan as required; AND WHEREAS Sections 17, 21, and 22 of the Planning Act, R.S.O. 1990, Chapter P. 13, as amended, provide Council such authority to amend its Official Plan; AND WHEREAS the policies of the Official Plan of the Township of Oro - Medonte are approved and in force and effect at this time; AND WHEREAS Council has considered the appropriateness of amending the Official Plan in regard to lands within Concession 1, North Part Lot 10 (former Township of Oro), municipally known as 2621 Gore Road, Township of Oro - Medonte; AND WHEREAS the Council of the Corporation of the Township of Oro - Medonte deems it necessary and desirable to adopt an amendment to the Official Plan of the Township of Oro - Medonte; NOW THEREFORE the Council of the Corporation of the Township of Oro - Medonte enacts as follows: That the attached explanatory text and Schedule "A -1 ", which constitute Amendment Number 30 to the Official Plan, is hereby adopted and; 2. That the Clerk is hereby authorized and directed to make application to the County of Simcoe for approval of the aforementioned Amendment No.30 to the Official Plan of the Township of Oro - Medonte; and 3. That this By -law shall come into effect upon the date of passage therefore subject to the provisions of the Planning Act R.S.O. 1990, c. P. 13, as amended. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 25 DAY OF MAY, 2011. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 109 of 178 15a) - A By -law to Adopt an Amendment to t... This is Schedule 'A -1' to By -Law 2011 -075 passed the 25" day of May, 2011. Mayor Clerk Schedule 'A -1' to By -Law No. 2011 -075 (Official Plan Amendment No. 30) H.S. Hughes J. Douglas Irwin ';'"; J Land to be redesignated from Agricultural to Industrial Lands to be redesignated from Agricultural to Environmental Protection One Page 110 of 178 15a) - A By -law to Adopt an Amendment to t... OFFICIAL PLAN AMENDMENT NO.30 (WOLF STEEL LTD.) TOWNSHIP OF ORO- MEDONTE Page 111 of 178 15a) - A By -law to Adopt an Amendment to t... AMENDMENT NO.30 TO THE OFFICIAL PLAN OF THE TOWNSHIP OF ORO- MEDONTE The attached explanatory text and Schedule "A -1" constituting Amendment No.30 to the Official Plan of the Township of Oro - Medonte, was prepared and adopted by the Council of the Corporation of the Township of Oro - Medonte, by By -law No. 2011 -075 in accordance with the provisions of Section 17, 21, and 22 of the Planning Act, R.S.O. 1990, Chapter P.13, as amended. Mayor Clerk 2 Page 112 of 178 15a) - A By -law to Adopt an Amendment to t... Mayor, H.S. Hughes THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Clerk, J. Douglas Irwin BY -LAW NO. 2011 -075 A By -law to Adopt An Amendment to the Official Plan of the Township of Oro - Medonte (OPA No. 30) WHEREAS The Corporation of the Township of Oro - Medonte is empowered to Amend its Official Plan as required; AND WHEREAS Sections 17, 21, and 22 of the Planning Act, R.S.O. 1990, Chapter P. 13, as amended, provide Council such authority to amend its Official Plan; AND WHEREAS the policies of the Official Plan of the Township of Oro - Medonte are approved and in force and effect at this time; AND WHEREAS Council has considered the appropriateness of amending the Official Plan in regard to lands within Concession 1, North Part Lot 10 (former Township of Oro), municipally known as 2621 Gore Road, Township of Oro - Medonte; AND WHEREAS the Council of the Corporation of the Township of Oro - Medonte deems it necessary and desirable to adopt an amendment to the Official Plan of the Township of Oro - Medonte; NOW THEREFORE the Council of the Corporation of the Township of Oro - Medonte enacts as follows: 1. That the attached explanatory text and Schedule "A-1", which constitute Amendment Number 30 to the Official Plan, is hereby adopted and; 2. That the Clerk is hereby authorized and directed to make application to the County of Simcoe for approval of the aforementioned Amendment No.30 to the Official Plan of the Township of Oro - Medonte; and 3. That this By -law shall come into effect upon the date of passage therefore subject to the provisions of the Planning Act R.S.O. 1990, c. P. 13, as amended. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 25 DAY OF MAY, 2011. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE 3 Page 113 of 178 15a) - A By -law to Adopt an Amendment to t... Certified that the above is a true copy of By -law No. 2011 -075 as enacted and passed by Council of the Corporation of the Township of Oro - Medonte on the 25 day of May, 2011. J. Douglas Irwin, Clerk CERTIFICATION 4 Page 114 of 178 15a) - A By -law to Adopt an Amendment to t... TABLE OF CONTENTS CONSTITUTIONAL STATEMENT PART 1 — THE INTRODUCTION 1.1 TITLE 1.2 COMPONENTS 1.3 BACKGROUND 1.4 LOCATION 1.5 BASIS OF THE AMENDMENT 1.5.1 Application 1.5.2 Proposal and Site History 1.5.3 Provincial Planning Policies —PPS and PTG 1.5.4 County of Simcoe Planning Policies 1.5.5 Township of Oro - Medonte Planning Policies 1.5.6 Zoning 1.5.7 Conclusions PART 2 — THE AMENDMENT 2.1 PREAMBLE 2.2 DETAILS OF THE AMENDMENT 2.3 IMPLEMENTATION 2.4 INTERPRETATION SCHEDULE `A' PART 3 — THE APPENDICES Appendix 1: Planning Report — Meridian Planning Consultants Inc. — February 15, 2011 Appendix 2: Removal of Agricultural Lands Justification Letter — Meridian Planning Consultants Inc. March 24, 2011 Appendix 3: Natural Hazard Assessment — C.C. Tatham & Associates Ltd. January 28, 2011 Appendix 4: Traffic Impact Study — C.C. Tatham & Associates Ltd. February 18, 2011 Appendix 5: Environmental impact Statement — Azimuth Environmental Consulting Inc. February 14, 2011 Appendix 6: Stage 1 Archaeological Background research AMICK Consultants Limited December 17, 2010 Appendix 7: County of Simcoe Letter May 11, 2011 Appendix 8: Ministry of Transportation email May 3, 2011 Appendix 9: Nottawasaga Valley Conservation Authority Letter May 18, 2011 5 Page 115 of 178 15a) - A By -law to Adopt an Amendment to t... THE CONSITUTIONAL STATEMENT The following amendment to the Official Plan of the Township of Oro - Medonte consists of three parts. PART I — the Preamble — consists of the purpose, location and basis for the Amendment and does not constitute part of the actual Amendment. PART I I — The Amendment — consisting of the following text and Schedule "A-1", constitute Amendment No.30 to the Official Plan of the Township of Oro - Medonte. PART III — The Appendices — consisting of the background data associated with this Amendment. This section does not constitute part of the actual Amendment. 6 Page 116 of 178 15a) - A By -law to Adopt an Amendment to t... 1.1 TITLE 1.2 COMPONENTS 1.3 BACKGROUND 1.4 LOCATION AMENDMENT No. 30 TO THE OFFICIAL PLAN OF THE TOWNSHIP OF ORO- MEDONTE "Wolf Steel Ltd." PART 1 — INTRODUCTION This Amendment when approved by the County of Simcoe, shall be known as Amendment No.30 to the Official Plan of the Township of Oro - Medonte. This Amendment consists of the text and Schedule "A -1" attached hereto. Schedule "A- 1", attached hereto, provides mapping indicating thereon the location of the lands for which a change in the land use designation is being proposed and the specific land use proposed for the site. The text provides for an amendment to permit the development of a warehouse facility for the storage and distribution of products manufactured by Wolf Steel Ltd. on the subject lands. The introduction does not constitute part of the actual Amendment, but is included for information purposes. The purpose of this Amendment to the Official Plan of the Township of Oro - Medonte, is to re- designate certain lands located in North Part of Lot 10, Concession 1 (geographic Township of Oro) from the Agricultural designation to the Industrial and Environmental Protection One designations in order to permit the development of a warehouse facility to store and distribute products manufactured by Wolf Steel Ltd. (Napoleon). The subject lands have a total land area of 20.5 hectares (50 acres) of which approximately 6 hectares (14.8 acres) are proposed to be re- designated to the Industrial Designation and additional lands are proposed to be re- designated to the Environmental Protection One designation. The lands affected by this amendment are located on the south side of Gore Road east of Penetanguishene Road (County Road 93). The property is described as being the North Part of Lot 10, Concession 1, in the former geographic Township of Oro, Township of Oro - Medonte, County of Simcoe. 7 Page 117 of 178 15a) - A By -law to Adopt an Amendment to t... 1.5 BASIS OF THE AMENDMENT 1.5.1 Application An application was made and determined by the Township to be complete as of March 24, 2011. The applications submitted on behalf of Wolf Steel Ltd. were made to amend both the Township of Oro - Medonte Official Plan and Zoning By -law for lands municipally known as 2621 Gore Road. The purpose of the applications was to amend the planning documents to permit the development of a warehouse facility for the storage and distribution of products manufactured by Wolf Steel Ltd. The proposed warehouse facility would be an expansion of the existing facilities owned and operated by Wolf Steel Ltd. currently located at 9 and 24 Napoleon Road and would permit the consolidation of the warehousing operations into one facility. Various documents were submitted in support of the application including: 1. Planning Analysis Report dated February 15, 2011 from Meridian Planning Consultants 2. Environmental Impact Study dated February 14, 2011 from Azimuth Environmental Consulting 3. Traffic Impact Study from C.C. Tatham & Associates Ltd. 4. Natural Hazards Assessment- C.0 Tatham & Associates Ltd. 5. Stage One Archaeological Background Research- AMICK Consulting Limited 1.5.2 Proposal and Site History The amendment originated from an application for appropriate planning amendments to permit the use of the subject lands for a warehouse facility for the storage and distribution of products manufactured by Wolf Steel Ltd. The proposed warehouse facility would allow Wolf Steel Ltd. To consolidate their warehousing operations into one facility, provide additional space for manufacturing in their current facilities on napoleon Drive, and allow Wolf Steel to continue their operations within the Township of Oro - Medonte. Wolf Steel Ltd. Originated operations in the Township in 1988 with the acquisition of 9 Napoleon Drive as their proposed production facility for wood and gas fireplaces. This property was the subject of additions in 1989, 1994, and 1998 at which point no additional lands were available on the south side of Napoleon Drive for future expansion. On this basis, in 1998 Wolf Steel Ltd. acquired the lands on the north side of Napoleon Drive (MAS #24) to provide for continued expansion. Three expansions to the 24 Napoleon Drive facility were completed in 2000, 2003, and 2004 again leaving the company with no additional lands available to permit additional expansion of the manufacturing operation or long term growth of the company. 8 Page 118 of 178 15a) - A By -law to Adopt an Amendment to t... While it is recognized that there are other Industrial designated lands within the Township; the intent of the proposed warehouse facility is to permit the consolidation of the company operations into one location and therefore expansion onto other Industrial designated lands in the Township is not considered to be an appropriate alternative. The proposed expansion onto the lands known as 2631 Gore Road immediately south of the existing facilities and operation at 9 Napoleon Road is considered the most logical. 1.5.3 Provincial Planning Policies — Provincial Policy Statement and Places to Grow Growth Plan Provincial Policy Statement The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. Policy 1.1.1(b) provides that healthy, liveable and safe communities are sustained by accommodating an appropriate range and mix of residential, employment (including industrial, commercial and institutional uses) recreational and open spaces to meet long term needs. Policy 1.1.2 provides that sufficient land shall be made available through intensification and redevelopment to accommodate an appropriate range and mix of employment opportunities, housing and other land uses to meet projected needs for time horizon of up to 20 years. This proposal is to accommodate the expansion of an existing and established industrial use to adjacent land. Section 2.3.5 of the PPS provides a set of criteria in which Planning authorities must follow in order to exclude land from prime agricultural areas. Section 2.3.5.1 (c) lists the criteria for limited non - residential uses. These policies would allow for the removal of land from prime agricultural areas provided that the land does not comprise a specialty crop area. Upon review of the proposed 6.0 hectares being re- designated to Industrial, a specialty crop area does not appear to be located on the lands; therefore this policy would be satisfied. It is required to demonstrate that there are no reasonable alternative locations which avoid prime agricultural areas. The Planning Report that was submitted with the applications showed that the purpose for selecting these lands is that it is in close proximity to the existing Wolf Steel operations on Napoleon Road. The surrounding lands uses of the existing operation include Highway 11 to the North, County Road 93 (Penetanguishene Road) to the west and further to the west Rural designated lands are located in the Township of Springwater. In addition, the subject lands are separated from other agricultural lands to the south Willow Creek and associated flood area. The subject lands are a small isolated Agricultural designated parcel with limited connection to surrounding larger agricultural lands. The subject lands have also been identified as adjacent to a natural feature, which policy 2.1.6 does not permit any development or site alteration, unless the ecological function of the adjacent lands has been evaluated and it has demonstrated that there will be no negative impacts on the natural features. The applicant has submitted an Environmental Impact Study to address this policy, which concluded that the proposed development would not have any negative impacts on the ecological functions. To ensure that the features will be protected the lands are proposed to be re- designated to Environmental 9 Page 119 of 178 15a) - A By -law to Adopt an Amendment to t... Protection from Agricultural. This will enhance and existing Environmental Protection (EP) Zone, on the property. Further detailed analysis of this issue will completed during Site Plan Application stage. The proposed re- designation of the subject lands from "Agricultural" to "Industrial" and "Environmental Protection One" is consistent with the policies of the Provincial Policy Statement. Places to Grow The Places to Grow Growth Plan for the Greater Golden Horseshoe has been in place since 2006. The Growth Plan calls for complete communities, whether it is urban or rural, based on well- designed mix of residential, recreational and employment uses. The Plan also helps guide decisions on a wide range of issues ranging from transportation, infrastructure planning, land use planning, urban form, housing, natural heritage and resource planning. In reviewing the proposed applications, the Growth Plan provides guidance for planning and investing for a balance of jobs and housing in communities across the Greater Golden Horseshoe. Section 2.2.6, "Employment Lands" speak to an adequate supply of land providing locations for a variety of employment use will be maintained to accommodate the growth forecasts in the Plan. Subsection 2 provides that municipalities will promote economic development and competitiveness by "providing for an appropriate mix of employment uses including industrial, commercial and institutional uses to meet long -term needs." Subsection 2c) provides municipalities will promote economic development by: planning for, protecting and preserving employment areas for current and futures uses. The proposed expansion of the industrial use on the subject lands allows for the long -term needs of Wolf Steel and employment opportunities for the Oro - Medonte to be met. Section 3.2.4, "Moving Goods" speaks to ensuring that the movement of good. Subsection (1) states "the first priority of highway investment is to facilitate efficient goods movement by linking inter -modal facilities, international gateways, and communities within the GGH ". By locating the proposed warehouse facility adjacent to the existing Wolf Steel operations, the efficient movement of goods can be achieved which would eliminate the need for storage facilities in Barrie and transportation vehicles on the highways. The proposed amendment to the Official Plan conforms with the policies of the Places to Grow Growth Plan. 1.5.4 County of Simcoe Planning Policies The site is designated Rural and Agricultural and Greenlands in the County of Simcoe Official Plan. An amendment to the County Plan is not required. The County Plan does outline various criteria for consideration for new development and these have been taken into consideration in the proposal. In the Rural and Agricultural designation, local municipalities shall determine and map areas considered prime agricultural areas in their official Plans (Section 3.6.4). Thus if the portion of the property designated "Agricultural" was re- designated (as proposed) to 10 Page 120 of 178 15a) - A By -law to Adopt an Amendment to t... "Industrial" to accommodate the proposed warehouse use, the "Rural" policies of the County of Simcoe Official Plan would apply. Rural business parks are permitted uses in the Rural designation, therefore the proposed use would be considered to be an expansion to the cluster of industrial uses in this area and would comply with the business park definition of the County Official Plan. The "Rural" policies do consider (new) single industrial development uses, where appropriate sites within settlements are not available (Section 3.6.7). The proposed Amendment contemplates the expansion of an existing industrial use, therefore the policies under section 3.6.7 do not apply. The other designation applicable to the subject lands is "Greenlands ". The lands are located within this designation on the basis of the location of Willow Creek which runs through the middle of the property. In order to address the environmental constraints, the applicant submitted an Environmental Impact Study. The proposed development of the warehouse appears to be on table lands which fall outside the Greenlands area. The amendment of the designation of the subject lands from Agricultural to Industrial permit the proposed warehouse facility would conform to the County of Simcoe Official Plan. 1.5.5 Township of Oro - Medonte Planning Policies The subject lands are presently designated "Agricultural" in the Township Official Plan. The proposed Official Plan Amendment proposes to re- designate a portion of the lands to "Industrial" and "Environmental Protection One ". Section C8 of the Official Plan contains the objectives for the Industrial designation, which include "to provide lands for the creation of industrial employment opportunities at location that maximize the use of existing infrastructure." The permitted uses in the "Industrial" designation include manufacturing, assembly, processing, fabrication, storage and /or warehousing uses. The proposed use of the lands to permit the development of a warehouse facility would conform to the permitted uses in the "Industrial" designation. Also as part of this Official Plan Amendment application, a portion of the lands are proposed to be re- designated to "Environmental Protection One ", which will further enhance the existing environmental feature on the property (Willow Creek) and the wetland on the adjacent lands. The applicant has provided a justification for the reasoning behind the removal of lands from prime agricultural areas, which was addressed in Section 1.5.3 above. Section A2.7.2 of the Official Plan provides strategic objectives in promoting economic development in the Township. Subsection (g) strives to "encourage wherever possible through the land use planning process the retention and expansion of existing business in the Township" With the existing Wolf Steel operations on the adjacent lands to the north, the proposed Official plan Amendment application is in keeping with the intent of the goals of the Economic Development areas. In considering any application for an Official Plan Amendment, consideration of Section E1.7- Amendments to the Official Plan is required. This section states that the Plan is intended to manage change in the Township for the next 20 years and that the Plan identifies enough land for residential, commercial, and industrial uses until the year 2022. On this basis, the policies state that the Plan should only be amended when the policies have been found not to address issues or alternatively issues have been raised with a site - specific proposal that are required to be addressed in a comprehensive 11 Page 121 of 178 15a) - A By -law to Adopt an Amendment to t... manner. The proposed application for an Official Plan Amendment for a proposed new industrial use is in keeping with the intent of the industrial policies. The application is also proposing to re- designate a portion of the lands to Environmental Protection One (EP1). This will identify and protect the existing watercourse (Willow Creek) on the subject lands. Section B2 of the Official Plan identifies the objectives of the Environmental Protection One which states "to maintain and enhance the ecological integrity of the natural heritage system" and "to minimize the loss or fragmentation of significant wetlands and the habitats and ecological functions they provide." The proposed re- designation would conform with the objectives of the EP1 designation in the Official Plan. In the consideration of the proposed Official Plan Amendment to re- designation of the lands from "Agricultural" to "Industrial" and "Environmental Protection One" is in keeping with the intent and conforms with the policies of the Official Plan. 1.5.6 Township of Oro - Medonte Zoning By -law 97 -95 The subject lands are zoned Agricultural /Rural (A /RU) and Environmental Protection (EP) Zones by Zoning By -law 97 -95. The applicant is proposing to rezone the 6.0 hectares of the lands to Economic Development Hold (ED (H)) Zone, while the Environmental Protection (EP) Zone along the Willow Creek is proposed to be enhanced as a result of the environmental studies. The existing EP Zone adjacent to Penetanguishene Road contains an existing MTO drainage ditch. It is proposed to be rerouted and connected to the ditch to the proposed Stormwater management pond located south -west corner of the site. These lands are proposed to be rezoned to Economic Development Hold (ED (H)) Zone. If the Official Plan and Zoning Amendment applications are approved, a Site Plan application would also be required prior to the issuance of building permits. The site plan process would review matters including: building and access locations, parking layouts, Stormwater management, landscaping, servicing and traffic movement on and off the site. The necessary permits from NVCA, County of Simcoe and MTO will be required to be obtained prior to Site Plan approval. The zoning of the lands to the north are zoned Economic Development (ED) Zone and to the east in the Township of Springwater are zone General Industrial/ Outside Storage (MO *11), which permits various industrial Uses. The subject lands are located within the Floodplain Overlay in Zoning By -law 97 -95, which prohibit development from occurring in hazardous area. Section B5.1.3.2 of the Township Official Plan states "no new development is permitted on lands subject to the Holding Provisions until the Nottawasaga Valley Conservation Authority approves the development ". The implementation of the Holding Provision will ensure that development is being directed outside of hazardous lands adjacent to the Willow Creek. The proposed application to rezone the lands to permit 6.0 hectares to Economic Development Hold (ED (H)) Zone is in keeping with the surrounding land uses. While the increased Environmental Protection (EP) Zone, will further enhance the environmental buffer along the wetland to the south and Willow Creek. The amendment only comes into force and effect upon the approval of the Official Plan Amendment by the County of Simcoe. 12 Page 122 of 178 15a) - A By -law to Adopt an Amendment to t... 1.5.7 Conclusions On the basis of the analysis provided above, Planning staff support the proposed Official Plan Amendment #30 to re- designate the subject lands from "Agricultural" to "Industrial" and "Environmental Protection One" and rezoned the lands from Agricultural /Rural (A /RU) to Economic Development (ED) and Environmental Protection (EP) Zone. The proposed Official Plan Amendment Application and Zoning By -law Amendment Application is consistent with the Provincial Policy Statement and Places to Grow and conforms with the policies of the County of Simcoe Official Plan and Township of Oro - Medonte Official Plan. The proposed Amendment which would permit and expansion of an existing Industrial use and promote economic development through the retention of an existing business in the Township is considered to be appropriate and represents good planning. 13 Page 123 of 178 15a) - A By -law to Adopt an Amendment to t... 2.1 PREAMBLE All of this part of the document entitled "Part II- The Amendment ", consisting of the attached text and map schedule constitutes Amendment No.30 to the Official Plan of the Township of Oro - Medonte. 2.2 DETAILS OF THE AMENDMENT PART II- THE AMENDMENT The Official Plan for the Township of Oro - Medonte is hereby Amended as follows: 1. Schedule A Land Use to the Official Plan is hereby amended by re- designating lands described as North Part of Lot 10, Concession 1 (geographic Township of Oro) and identified on Schedule "A -1" attached hereto and forming part of this Amendment, from the "Agricultural" designation to the "Industrial" designation and the "Environmental Protection One" designation. 2.3 IMPLEMENTATION This amendment to the Official Plan of the Township of Oro - Medonte will be implemented by an amendment to Zoning By -law 97 -95, as amended, of the Township of Oro - Medonte. The provisions of the Official Plan regarding the implementation of that Plan shall also apply to this amendment. 2.4 INTERPRETATION The provisions of the Official Plan of the Township of Oro - Medonte, as amended from time to time, shall apply to this Amendment. 14 Page 124 of 178 15a) - A By -law to Adopt an Amendment to t... Appendix 1: Planning Report — Meridian Planning Consultants Inc. — February 15, 2011 15 Page 125 of 178 15a) - A By -law to Adopt an Amendment to t... Appendix 2: Removal of Agricultural Lands Justification Letter — Meridian Planning Consultants Inc. March 24, 2011 16 Page 126 of 178 15a) - A By -law to Adopt an Amendment to t... Appendix 3: Natural Hazard Assessment — C.C. Tatham & Associates Ltd. January 28, 2011 17 Page 127 of 178 15a) - A By -law to Adopt an Amendment to t... Appendix 4: Traffic Impact Study — C.C. Tatham & Associates Ltd. February 18, 2011 18 Page 128 of 178 15a) - A By -law to Adopt an Amendment to t... Appendix 5: Environmental impact Statement — Azimuth Environmental Consulting Inc. February 14, 2011 19 Page 129 of 178 15a) - A By -law to Adopt an Amendment to t... Appendix 6: Stage 1 Archaeological Background research AMICK Consultants Limited December 17, 2010 20 Page 130 of 178 15a) - A By -law to Adopt an Amendment to t... Appendix 7: County of Simcoe Letter May 11, 2011 21 Page 131 of 178 15a) - A By -law to Adopt an Amendment to t... Appendix 8: Ministry of Transportation email May 3, 2011 22 Page 132 of 178 15a) - A By -law to Adopt an Amendment to t... Appendix 9: Nottawasaga Valley Conservation Authority Letter May 18, 2011 23 Page 133 of 178 15b) - A By -Law to Amend the Zoning Provis... Mayor, H.S. Hughes THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Clerk, J. Douglas Irwin BY -LAW NO. 2011 -076 A By -law to amend the zoning provisions On lands described as follows: North Part of Lot 10, Concession 1, 2621 Gore Road, Oro Township of Oro - Medonte, County of Simcoe Roll # 4346- 010 - 006 -15200 WHEREAS the Council of the Corporation of the Township of Oro - Medonte is empowered to pass By -laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.S.O. 1990, c.P.13. WHEREAS the Council of the Corporation of the Township of Oro - Medonte is empowered to pass By -laws to remove a Holding provision pursuant to Section 36 of the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to rezone the subject lands to permit the development of industrial uses, in accordance with Section C8 of the Official Plan; NOW THEREFORE the Council of the Corporation of the Township of Oro - Medonte enacts as follows: 1. Schedule 'A9' to Zoning By -law 97 -95, as amended, is hereby further amended by changing the zone symbol applying to the land located in North Part of Lot 10, Concession 1, municipally known as 2621 Gore Road, in the former geographic Township of Oro, now in the Township of Oro - Medonte, from the Agricultural /Rural (A/RU) and the Environmental Protection (EP) Zones to the Economic Development Holding Provision (ED(H)) and the Environmental Protection (EP) Zones as shown on Schedule "A" attached hereto and forming part of this By -law. 2. Section 7 — Exceptions of Zoning By -law 97 -95 as amended is hereby further amended by the addition of the following subsection: "7.206 *206 — NORTH PART OF LOT 10, CONCESSION 1, MUNICIPALLY KNOWN AS 2621 GORE ROAD (FORMER ORO) "Notwithstanding any other provision in this By -law, the Maximum Height is 18 metres" 3. This By -law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 25 DAY OF MAY, 2011. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Page 134 of 178 15b) - A By -Law to Amend the Zoning Provis... This is Schedule 'A' to By -Law 2011 -076 passed the 25' day of May, 2011. Mayor Clerk Schedule 'A' to By -Law No. 2011 -076 H.S. Hughes J. Douglas Irwin fr Land to be rezoned from the Agricultural/Rural (Ai RU) Zone to the Economic Development Holding Provision (ED(H)) Zone Lands to be rezoned from the Agricultu rat lRural (AM) Zone to the Environmental Protection (EP) Zone TOWNSHIP OF ORO- MEDONTE Page 135 of 178 15c) - A By -law to Authorize the Execution... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2011 -078 A By -law to Authorize the Execution of a Contract between The Township of Oro - Medonte and The Orillia Public Library Board For a Term of One Year And to Repeal By -law No. 2010 -125 WHEREAS the Public Libraries Act, R.S.O. 1990, c.P.44, as amended, Section 29(1) provides for the entering into a contract with a public library board for the purpose of providing the residents of the municipality with library services; AND WHEREAS Council deems it desirable to enter into a Contract with the Orillia Public Library Board; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. That the Mayor and Clerk are hereby authorized to execute the contract between The Corporation of the Township of Oro - Medonte and The Orillia Public Library Board, said agreement attached hereto as Schedule "A" and forming part of this by -law. 2. That By -law No. 2010 -125 is hereby repealed. 3. This by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 25 DAY OF MAY, 2011 THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 136 of 178 15c) - A By -law to Authorize the Execution... between and 2.0 Public Library Board's Warranties: Schedule "A" to By -Law No. 2011 -078 CONTRACT FOR LIBRARY SERVICE (a) Borrow circulating books; and AGREEMENT The Orillia Public Library Board 500 Gill Street Orillia, ON L3V 4L1 ( "the Public Library Board ") The Township of Oro - Medonte P.O. Box 100 Oro, ON LOL 2X0 ( "the Municipality) The Municipality and the Public Library Board agree as follows: 1.0 Description of Services: 1.1 The Public Library Board shall endeavour to provide, in cooperation with other public library boards, a comprehensive and efficient library service to the residents of the Municipality. 1.2 The Public Library Board shall not make a charge for admission to the library or for use in the library of the library's materials by the residents of the Municipality. 1.3 The Public Library Board shall allow the residents of the Municipality to: (b) Use reference and information services as the Public Library Board considers practicable, without making any charge. 1.4 The Public Library Board may impose such fees as it considers proper for services not referred to in section 1.2 and 1.3. 2.1 The Public Library Board is a corporation duly established under the Public Libraries Act (RSO 1990, Chapter P44, as amended). Page 137 of 178 15c) - A By -law to Authorize the Execution... 2.2 To ensure quality library service under this Agreement, the Public Library Board shall endeavour to: 3. 0 Cost: (a) Ensure that all materials are available for use outside the library except those used frequently for reference service, and rare and fragile items; b) Ensure circulation policies of greatest convenience to the user and maximum use of materials; (c) Ensure that the selection of materials reflects the needs of the community as defined in regular community analyses and needs studies; (d) Ensure that the information provided to public library users is accurate, up- to -date and is coordinated with other appropriate organizations; (e) Ensure that all library facilities are accessible as defined by the standards of accessibility of the Ontario Building Code; (f) Provide resources, programs and services to meet defined community needs; (g) Provide a telephone in each of their facilities in order to ensure user access and maintain communication with other library systems. 3.1 The Municipality shall pay the Orillia Public Library Board the sum of: Ninety Seven Thousand Three Hundred and Ninety Dollars ($97,390) for the year 2011. 3.2 Payments shall be quarterly on March 31, June 30, September 30, and December 31. 4.0 Municipal Representation on the Orillia Public Library Board: 4.1 The Public Library Board shall request its appointing council to appoint a member of the Township of Oro - Medonte Council (or a resident of the Township of Oro - Medonte designated by the Township of Oro - Medonte Council), recommended by the Township of Oro - Medonte Council, to the Public Library Board. 5.0 Reports: 5.1 The Public Library Board shall submit an annual report to the Municipality. 5.2 The Municipality shall make an annual financial report to the Minister and make any other reports required by the Public Libraries Act, and its regulations or requested by the Minster. Page 138 of 178 15c) - A By -law to Authorize the Execution... 6.0 Limitation of Liability: 6.1 The Municipality shall not be liable for any injury, death or property damage to the Public Library Board, its employees or agents or for any claim by any third party against the Public Library Board, its employees or agents. 6.2 The Municipality shall not be liable for any incidental, indirect, special or consequential damages or loss of use, revenue or profit of the Public Library Board arising out of or in any way related to this Agreement or the services. 7.0 Cancellation: 7.1 Either the Municipality or the Public Library Board may terminate this Agreement at any time upon six months of notice in writing. 8.0 Notices: 8.1 Notices under this Agreement shall be given in writing by personal delivery or by mail. 8.2 Notice by mail shall be deemed to have been given on the fourth business day after the date of mailing. 9.0 Signing Authority: 9.1 Contracts are to be signed on behalf of the Public Library Board, by the Chair and Secretary of the Board and, on behalf of the contracting municipality by two (2) authorized Signing Officers. 10.0 Inspection: 10.1 The Municipality shall be entitled at all reasonable times, to review any records, books, accounts and documents in the possession or under the control of the Public Library Board. 11.0 Duration: 11.1 This Agreement shall, subject to Section 7 hereof, be in force and effect for one year from the 1 day of January 2011 to the 31 day of December 2011. Page 139 of 178 15c) - A By -law to Authorize the Execution... 12.0 Entire Contract: 12.1 This Agreement constitutes the entire Agreement between the parties. There are no other agreements or understanding. DATE May 25, 2011 DATE r�� ��U i j C3� , t ( THE MUNICIPALITY (Seal) Signing Officer THE MUNICIPALITY (Seal) Signing Officer H.S. Hughes Mayor J. Douglas Irwin Clerk THE PUBLIC LIBRARY BOARD Chair r THE PUBLIC LIBRARY BOARD Secretary Page 140 of 178 15d) - Being a By -law to Authorize the Exe... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2011 -079 Being a By -law to Authorize the Execution of a Contract between the Township of Oro - Medonte and the Barrie Public Library Board for a Term of One Year and to Repeal By -Law No. 2010 -126 WHEREAS, the Public Libraries Act, R.S.O. 1990, Chapter P.44, as amended, Section 29(1) provides for the entering into a contract with a public library board for the purpose of providing the residents of the municipality with library services; AND WHEREAS, Council deems it desirable to enter into a contract with the Barrie Public Library Board; NOW THEREFORE, the Council of The Corporation of the Township of Oro - Medonte enacts as follows: 1. That the Mayor and Clerk are hereby authorized to execute the contract between The Corporation of the Township of Oro - Medonte and the Barrie Public Library Board, said agreement attached hereto as Schedule 'A' and forming part of this by -law. 2. That By -law No. 2010 -126 is hereby repealed. 3. That this By -Law shall come into force and take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 25 DAY OF MAY, 2011 THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 141 of 178 15d) - Being a By -law to Authorize the Exe... BETWEEN AND LIBRARY SERVICES AGREEMENT This agreement made in duplicate this /day of _„ 2011 THE BARRIE PUBLIC LIBRARY BOARD, in the City of Barrie THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE, in the County of Simcoe Mayor, Oro - Medonte H.S. Hughes Clerk, Oro - Medonte J. Douglas Irwin Schedule "A" to By -Law No. 2011 -079 WHEREAS the Barrie Public Library Board has agreed to provide library service. THEREFORE it is mutually understood and agreed that the Corporation of the Township of Oro - Medonte will pay the Barrie Public Library Board the sum of $128,835.00 for library service for Oro - Medonte residents and taxpayers for the year 2011 with payments to be made quarterly, commencing January 1 April 1 July 1 and October 1 2011 i,5' day of /1,, , 2011 Chair, Barrie Public L rary Board r r, Barrie Public Library Board Page 142 of 178 15e) - A By -law to Authorize the Execution... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2011 -080 A By -law to Authorize the Execution of a Contract between The Township of Oro - Medonte and The Midland Public Library Board For a Term of One Year and to Repeal By -law No. 2010 -127 WHEREAS the Public Libraries Act, R.S.O. 1990, c.P.44, as amended, Section 29(1) provides for the entering into a contract with a public library board for the purpose of providing the residents of the municipality with library services; AND WHEREAS Council deems it desirable to enter into a Contract with The Midland Public Library Board; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. That the Mayor and Clerk are hereby authorized to execute the contract between The Corporation of the Township of Oro - Medonte and The Midland Public Library Board, said agreement attached hereto as Schedule "A" and forming part of this by -law. 2. That By -law No. 2010 -127 is hereby repealed. 3. That this By -Law shall come into force and take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 25 DAY OF MAY, 2011 THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 143 of 178 15e) - A By -law to Authorize the Execution... BETWEEN AND LIBRARY SERVICES AGREEMENT This agreement made in duplicate this 25 day of May , 2011 THE MIDLAND PUBLIC LIBRARY BOARD, in the Town of Midland THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE, in the County of Simcoe Schedule "A" to By -Law No. 2011 -080 WHEREAS the Midland Public Library Board has agreed to provide library service. THEREFORE it is mutually understood and agreed that the Corporation of the Township of Oro - Medonte will pay the Midland Public Library Board the sum of $4,613.00 for library service for Oro - Medonte residents and taxpayers for the year 2011 with payments to be made quarterly, commencing January 1st April 1 July 1 and October 1 2011 Mayor, Oro - Medonte H.S. Hughes 1 day of � ���� , 2011 41 40, .land Public Library Clerk, Oro - Medonte Treasurer, Midland Public Library J. Douglas Irwin Page 144 of 178 15f) - A By -law to Authorize the Execution... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2011 -081 A By -law to Authorize the Execution of a Contract between The Township of Oro - Medonte and The Coldwater Public Library Board For a Term of One Year and to Repeal By -law No. 2010 -128 WHEREAS the Public Libraries Act, R.S.O. 1990, c.P.44, as amended, Section 29(1) provides for the entering into a contract with a public library board for the purpose of providing the residents of the municipality with library services; AND WHEREAS Council deems it desirable to enter into a Contract with The Coldwater Public Library Board; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. That the Mayor and Clerk are hereby authorized to execute the contract between The Corporation of the Township of Oro - Medonte and The Coldwater Public Library Board, said agreement attached hereto as Schedule "A" and forming part of this by -law. 2. That By -law No. 2010 -128 is hereby repealed. 3. That this By -Law shall come into force and take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 25 DAY OF MAY, 2011 THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 145 of 178 15f) - A By -law to Authorize the Execution... BETWEEN AND Schedule "A" to By -Law No. 2011 -081 LIBRARY SERVICES AGREEMENT This agreement made in duplicate this 11 day of is / , 2011 THE COLDWATER PUBLIC LIBRARY BOARD, in the Township of Severn THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE, in the County of Simcoe WHEREAS the Coldwater Public Library Board has agreed to provide library service. THEREFORE it is mutually understood and agreed that the Corporation of the Township of Oro - Medonte will pay the Coldwater Public Library Board the sum of $18,000.00 for library service for Oro - Medonte residents and taxpayers for the year 2011 with payments to be made quarterly, commencing January 1 April 1 July 1 and October ft, 2011 ti APR 26 2011 day of , 2011 Mayor, Oro - Medonte Chair, Coldwater Public Library H.S. Hughes Clerk, Oro - Medonte J. Douglas Irwin tA Treasur , Col N1P OF ater Public Library Z Page 146 of 178 15g) - A By -Law to Enter into an Agreement... Mayor, H.S. Hughes THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Clerk, J. Douglas Irwin BY -LAW NO. 2011 -082 A By -Law to Enter into an Agreement with The Ontario Society for the Prevention of Cruelty to Animals to Provide Pound Keeper Services and to Repeal By -Law No. 2010 -005 WHEREAS pursuant to Section 11(3)9 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, Council is empowered to pass by -laws respecting animals; WHEREAS pursuant to Section 5(1) of the Pounds Act, R.S.O. 1990, Chapter P.17, a Municipality is empowered to impound animals deemed to be running at large; WHEREAS the Council of The Corporation of the Township of Oro - Medonte has enacted a By -Law to Regulate, License and Control Animals within The Township of Oro - Medonte, "Animal Control By- Law "; AND WHEREAS the Council of The Corporation of the Township of Oro - Medonte deems it expedient to provide for Pound Keeping Services under Agreement with The Ontario Society for the Prevention of Cruelty to Animals (OSPCA), Orillia Branch; AND WHEREAS the Council of The Corporation of the Township of Oro - Medonte, at its May 18, 2011 meeting, declared by Motion No. C110518 -19 the execution of the Pound Services Agreement between the OSPCA — Orillia Branch and the Township of Oro - Medonte. NOW THEREFORE be it resolved that the Council of The Corporation of the Township of Oro - Medonte enacts as follows: 1. That the Mayor and Clerk be authorized to execute the Agreement, attached hereto as Schedule "A" which forms part of this By -law; 2. That the said Agreement take effect July 1, 2011 and remain in force for a period of up to 5 years unless terminated in accordance with the provisions contained within. 3. That By -law No. 2010 -005 is hereby repealed on July 1, 2011; 4. That this By -law come into full force and effect on its final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 25 DAY OF MAY, 2011 THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Page 147 of 178 15g) - A By -Law to Enter into an Agreement... This AGREEMENT made in duplicate this day of , 2011 BETWEEN: The Corporation agrees: The Corporation of the Township of Oro - Medonte (the "Corporation ") - AND - OF THE FIRST PART Ontario Society for the Prevention of Curelty to Animals (OSPCA) — Orillia Branch (the "Pound" or "Poundkeeper ") OF THE SECOND PART WHEREAS the Poundkeeper has the facilities and is prepared to act as Poundkeeper for the Corporation; NOW THEREFORE this Agreement witnesses the consideration of the mutual covenants hereinafter contained, the parties hereto agree each with the other as follows: 1. to appoint Ontario SPCA — Orillia Branch as the Poundkeeper for the Corporation commencing July 1, 2011. 2. to pay to the Poundkeeper remuneration for its services an annual sum of $18,540.00, to be billed monthly, effective the 1 day of July 2011, for the first 12 months. In the event that this agreement continues for a period of time greater than 12 months, the annual amount shall be adjusted on each anniversary date of the agreement by the Consumer Price Index for the preceding 12 month period per the Statistics Canada website. 3. to ensure the Poundkeeper is provided with a copy of the Corporation's most current Animal Control By -Law. 4. to grant to the Poundkeeper the right to collect dog licensing fees in accordance with the scale of fees authorized by the Corporations By -laws, said fees to be retained by the Township of Oro - Medonte, minus a $2.00 commission fee per licensing dog tag to be retained by the Poundkeeper. 5. to permit the Poundkeeper to retain all fees charged, in accordance with Schedule "A" attached hereto and forming part of this agreement, in relation to Claimed Dogs. Page 148 of 178 15g) - A By -Law to Enter into an Agreement... 6. to be responsible for retrieving and transporting injured dogs to a veterinarian for medical attention. In the event of a life threatening injury the transport to a veterinarian shall occur prior to delivery to the pound. In the event of a non -life threatening injury the dog will be transported by the Corporation to a veterinarian during regular business hours. The Corporation will be responsible for follow up veterinarian care during the 5 day period while the dog is in the Pound. The Corporation shall be responsible for the medical expenses incurred in these matters. 7. to reimburse the OSPCA for costs incurred as a result of their involvement, at the request of the Corporation, in a Provincial Offences investigation. The Poundkeeper agrees: To provide the Corporation with Pound Services pursuant to the Township's current Animal Control By -Law as follows; 1. to provide an animal shelter or adequate arrangements for a shelter capable of providing suitable accommodation for animals impounded, and meeting the requirements for this type of building, and of meeting the requirements of all applicable Provincial legislation. 2. to receive, impound and hold for claim by the owners, any dogs delivered to the Pound by the Municipal Law Enforcement Officers or other duly authorized persons, including residents of the Township of Oro - Medonte, or to dispose of same in accordance with provisions of the Corporation's By -laws. 3. to accept deceased dogs only when delivered to the Pound by the Township's Municipal Law Enforcement Officers. 4. to dispose of all dogs impounded which become the property of the Corporation, in accordance with the Animal Control By -laws of the Corporation and the laws of the Province of Ontario. 5. to dispose of all carcasses of all dogs lawfully impounded and lawfully destroyed in accordance with the Corporation's By -laws and the laws of the Province of Ontario. 6. to provide or to ensure all equipment necessary is available for the proper operation of the pound, and to provide or to ensure all equipment necessary is available to humanely destroy unwanted or unclaimed animals. 7. to ensure the Pound is kept open and in operation on such days and at such hours to allow the owners of impounded dogs reasonable opportunity to reclaim such animals. A list, being Schedule "A" attached hereto and forming part of this agreement, containing the days open and hours of operation shall be provided to the Corporation and may be amended as necessary from time to time. 8. to charge such Pound Fees or other fees as may be approved by the Corporation. The Corporation shall be provided with a list of all such rates, being Schedule "A" attached hereto and forming part of this agreement, that are applicable for pound or other services provided for Pound Services, that have been mutually agreed upon by the Poundkeeper and the Corporation, and as may be amended from time to time. Page 149 of 178 15g) - A By -Law to Enter into an Agreement... 9. to obtain a "Canine Release Form ", being Schedule "B" attached hereto and forming part of this agreement, from the Township of Oro - Medonte prior to the releasing any impounded dog to its owner. 10. to deliver a monthly written statement and invoice, no more than 30 days after the end of the month, of the operations of the Pound as it relates to work done or undertaken on behalf of the Corporation through this agreement. Such statement should provide information as it relates to the number of impounded dogs received, how the dog arrived at the Pound, the length of time detained, if claimed by the owners or once in the control of the Poundkeeper, of their ultimate disposition if possible. In the event that the written statement is not received within the specified time period, the invoice shall not be paid until the statement is received. Any invoice that is not paid by reason of non- receipt of the statement within the specified time period, shall not be subject to interest charges. 11. to indemnify and save harmless the Corporation with respect to all charges, costs, expenses and claims whatsoever, in connection with the operation of the Pound. 12. to keep any and all buildings, equipment and vehicles insured for fire and shall keep themselves and the Corporation properly insured with respect to public liability and property damage, including claims in respect to injury or loss and /or death of any animals while in their care, to the following amounts; Public Liability $3,000,000 Property Damage $ 25,000 Proof of such insurance coverage shall be supplied to the Corporation within 30 days of the commencement of this agreement, and then annually on the anniversary date for the duration of the agreement. 13. to release dog owner's information to the Corporation as needed. 14. to provide telephones at the Pound for the purpose of the public to be able to phone the Pound and to provide a twenty four (24) hour answering service to assist the public. 15. to provide twenty four (24) hour Poundkeeping as required. 16. to pay all costs of operating and maintaining the said Pound. Page 150 of 178 15g) - A By -Law to Enter into an Agreement... This Agreement shall only apply to dogs and shall not apply to any other domestic animals or wildlife. Term of Agreement 1. This Corporation and the Poundkeeper agree, as follows: 1.1. that this agreement shall commence on July 1, 2011 and remain in place for up to 5 years, unless; 1.1.1. both parties agree to renegotiate the terms of said agreement, in which event the agreement shall be terminated; or 1.1.2. either party provides ninety (90) days notice, in writing, of its intention to terminate the agreement, in which even the agreement shall terminate at the end of the said ninety (90) days notice. IN WITNESS WHEREOF this Agreement was executed and signed this day of , 2011. The Corporation of the Township of Oro - Medonte; The Poundkeeper Mayor, H.S. Hughes Clerk, J. Douglas Irwin Ontario Society for the Prevention of Cruelty to Animals (OSPCA) Chief Financial Officer Page 151 of 178 15g) - A By -Law to Enter into an Agreement... Pound Name: Address: Telephone: HOURS Schedule "A" — Poundkeeper Services Ontario SPCA — Orillia Branch 467 West Street North Orillia ON L3V 5G1 (705) 325 -1304 The Poundkeeper shall locate the owner of a dog through rabies tags or license tags not issued by the Corporation and the owner pays all costs associated to retrieve the dog from the pound. The Municipal Law Enforcement Officer will locate the owner of a dog wearing a license tag issued by the Corporation and the owner pays all costs associated to retrieve the dog from the pound. CLAIMED DOGS Admission /Administration fee per animal admitted to Pound Daily Board Euthanize and Disposal $ 50.00 /dog $ 25.00 /day $ 155.00 Rabies Suspect/Isolation fee $ 300.00 /animal for 10 days Regular Pound Hours: Mon. 11:00 am — 5:00 pm Thurs. 11:00 am — 5:00 pm Tues. 11:00 am — 5:00 pm Fri. 11:00 am — 5:00 pm Wed. 11:00 am — 5:00 pm Sat. 11:00 am — 5:00 pm Sun. 11:00 a.m. -2:00 pm Days Closed: Statutory Holidays Page 152 of 178 15g) - A By -Law to Enter into an Agreement... Date: To: Orillia Branch - O.S.P.C.A. The owner of a dog being held at your pound has attended at this office and all matters concerning the apprehension of this animal have been dealt with and the Township has no further reason to hold this animal, and consent to its release. Owner's name: Dog's name: Current Tag # Description of dog: Signature Municipal Law Enforcement Print Name Schedule "B" — Poundkeeper Services drik �/7Tit�lf��GQ/ Proud Heritage, Exciting Future Canine Release Form Municipal Law Enforcement Page 153 of 178 15h) - A By -law to Enter into a Water Serv... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2011 -083 A By -law to Enter into a Water Service Connection Agreement between The Corporation of the Township of Oro - Medonte and Modco Investments Ltd. Being all of PIN 74057 -0536 (Lt) Roll # 4346- 010 - 003 -14800 (Lot 2) 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 25 DAY OF MAY, 2011. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 154 of 178 15h) - A By -law to Enter into a Water Serv... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE WATER SERVICE CONNECTION AGREEMENT THIS Agreement made, in triplicate, this day of , 2011, BETWEEN: 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 M -9, Part 1 on Plan 51 R- 37479, S/T Easements in LT354320, LT441545 & SC27085 Being all of PIN 74057 -0536 (LT) Roll # 4346 -010- 003 -14800 (Lot 2) The Municipality has entered into this Agreement on the day of , 2011. 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 theft 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. �11 Rene DeMartini , CSO THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Harry Hughes, Mayor Doug Irwin, Clerk Page 155 of 178 15h) - A By -law to Enter into a Water Serv... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2009 -082 Being a By -law to Regulate Municipal Water Systems within The Township of Oro - Medonte and to Repeal By -law No.'s 2003 -25 and 2004-024 WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality may pass By -laws respecting matters related to water production, treatment, storage and distribution; AND WHEREAS Section 79 of the Municipal Act, 2001, c.25, as amended, provides that if a municipality has the consent of an Owner or occupant to connect a public utility to a part of a building and other parts of the building belonging to different Owners, or are in possession of different occupants, the municipality may, at reasonable times, without consent, enter on their land and install, construct and maintain pipes, wires, equipment, machinery, and other works necessary to make the connection; AND WHEREAS Section 80 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality may, at reasonable times, enter on land to which it supplies a public utility; • To inspect, repair, alter or disconnect the service pipe or wire, machinery, equipment and other works used to supply the public utility; • To inspect, install, repair, replace or alter a public utility meter; • To shut off the supply of the public utility and remove any property of the municipality if the customer discontinues the use of a public utility on land, or a municipality lawfully decides to cease supplying the public utility to the land; • To determine whether the public utility has been or is being unlawfully used. AND WHEREAS the Council of The Corporation of the Township of Oro - Medonte deems it desirable and necessary to pass a By -law to regulate the Municipal Water Systems within the Township; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. Definitions For the purpose of this By -law: 1.1 "Council" shall mean the Council of The Corporation of the Township of Oro - Medonte. 1.2 "Fire Chief" shall mean the Fire Chief of the Township of Oro - Medonte Fire and Emergency Services Department. 1.3 "Municipal Water Area" shall mean a subdivision or designated area within The Corporation of the Township of Oro - Medonte, serviced by a Municipal Water System. 1.4 "Municipal Water Supply" shall mean the water supplied from a Municipal Water System. 1.5 "Municipal Water Systems" shall include all water works established within the present Township of Oro - Medonte, and shall further include any present or future extensions to the water works under any Act or under an agreement between the Township or its predecessors, but shall not include any private waterworks which have not been acquired, established, maintained or operated by the Township or its predecessors. Page 156 of 178 15h) - A By -law to Enter into a Water Serv... 1.6 "Owner" shall mean the assessed Owner(s) as identified on the Assessment Roll for Taxation Purposes during the current year, as amended. 1.7 "Person" shall mean an individual human being, his /her personal agent, heir, successors and assigns, and shall include a corporation with or without share capital. 1.8 "Director of Transportation and Environmental Services" shall mean the Director of Transportation and Environmental Services of the Township of Oro - Medonte and /or his designate. 1.9 "Duly Authorized Employee" shall mean any employee authorized by Council. 1.10 "Township" shall mean The Corporation of the Township of Oro - Medonte. 1.11 ''Unit" shall mean an assessed or assessable unit within a Residential, Commercial or Industrial building and shall include an apartment located within a single family dwelling, which is serviced by the Township Water System, as permitted under the applicable Zoning By -law. 1.12 "Water Works" means any works for the collection, production, treatment, storage, supply, and distribution of water, or any part of such works, but does not include plumbing or other works to which the Ontario Building Code Act and its regulations apply. 2. GENERAL PROVISIONS 2.1 This By -law shall apply to all Municipal Water Systems located within the geographical boundaries of the Township. 2.2 No person shall lay, or cause to be laid, any pipe or main to communicate with any pipe or main of the Municipal Water System, or in any way obtain or use the Municipal Water Supply without consent of the Township. 2.3 Any extensions or connections to a Municipal Water System shall be constructed in accordance with the Township of Oro- Medonte Engineering Standards. 2.4 No person, being an Owner, tenant, occupant or inmate of any house or building or other place supplied with water from the Municipal Water System, shall improperly waste water or, without the consent of the Director of Transportation and Environmental Services, lend, sell or dispose of water, give water away, permit water to be taken or carried away, use or apply water to the use or benefit of another, or to any use and benefit other than the person's own, or increase the supply of water. This shall include the furnishing of water from one building connected to the Municipal Water System, to another building. 2.5 All pipes, valves, fittings and other equipment between the water main and the street line shall remain the property of the Township. 2.6 The Township does not guarantee the continuous supply, quality, or pressure of water from a Municipal Water System. The Township is not liable for damage caused by the breaking of any services pipe or attachment, or for shutting off of water to repair or to tap mains, if reasonable notice of the intention to shut off the water is given. The Township is not liable for damage caused by emergency water main breaks or service breaks or attachments for shutting water off to repair the emergency situation, No notice of intention to shut water off is required during emergency repair activities. 2.7 The Director of Transportation and Environmental Services shall be responsible for the operation and maintenance of all Municipal Water Systems, including required testing, servicing, and the removal of snow from around all hydrants, as deemed necessary. Page 157 of 178 15h) - A By -law to Enter into a Water Serv... 2.8 The Director of Transportation and Environmental Services, or other duly authorized employee, in the case of an emergency, which may imperil the supply or quality of water, may shut off the Municipal Water Supply and take such remedial action as may be necessary. Such remedial action may include limiting or slopping 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. 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 less than the actual amount of the public utility that passes through it, is guilty of an offence and on conviction, is liable to a fine, to the use of the Township, and for the expenses of repairing or replacing the meter, service pipe, conduit, wire, rod, or fitting and double the value of the surplus public utility so consumed, all of which is recoverable under the Provincial Offences Act, R.S.O. 1990, C.P. 33, as amended. 3.9 Any Owner who desires a change in the location, arrangement or size of a Municipal Water Supply Service, shall apply, in writing, to the Director of Transportation and Environmental Services. If a request is granted by the Director of Transportation and Environmental Services, costs incurred by the Township shall be payable as a condition of the granting of the request and shall be collectable by the Township as a charge against the benefiting lands. Page 158 of 178 15h) - A By -law to Enter into a Water Serv... 3.10 Where any auxiliary water supply exists in any building connection to a Municipal Water System, approved backflow protection shall be installed. This requirement shall include the handling of processed waters, and waters originating from the Municipal Water system, which may have been, or may be subjected to, deterioration in sanitary quality. Backflow protection devices shall be installed where internal cross connections exist. All property Owners with swimming pools, in ground or above ground, shall install a backflow prevention device on all outside water taps. 3.11 Any Owner desiring to have the Municipal Water Supply turned off or on for any reason whatsoever, shall apply, in writing, to the Director of Transportation and Environmental Services, who may direct that the water be turned on or off. 3.12 A Disconnection /Re- Connection Fee, as established by By -law, shall be charged by the Township for turning off or on the Municipal Water Supply, where such action is necessitated by: 3.12.1 — a written request by the Owner; or 3.12.2 — non - payment of a water bill; or 3.12.3 — failure to provide access to a meter 4. WATER USEAGE AND RESTRICTIONS 4.1 No Person shall willfully let off or discharge water so that the water runs waste or useless out of the Municipal Water System. 4.2 The Township reserves the right to turn off the Municipal Water Supply to any house, building or other place supplied with water from the Water Works, as deemed necessary by the Director of Transportation and Environmental Services, to stop and prevent waste. 4.3 Failure to comply with any requirements relative to the protection of a Municipal Water Supply shall be sufficient reason for immediate discontinuance of water service by the Township, until such time as it is determined that the requirements of the Township, Ontario Building Code Act, any order or approval by a Medical Officer of Health, Public Health Inspector, or Ministry of the Environment, have been met. 4,4 The Director of Transportation and Environmental Services, or other duly authorized employee, may take such measures, as it is deemed necessary, to regulate or suspend any or all use of water distributed through a hose, or any other attachment, for street, lawn or garden watering, or for any fountain or object, or for any other similar purpose. The watering of lawns or gardens, or filling of swimming pools, are not deemed to be a domestic use under the terms of the By -law and may be prohibited, from time to time, by Resolution of Council, and the Director of Transportation and Environmental Services is hereby authorized to take all such action, as may be necessary, to immediately terminate the supply of water to any property served by the Municipal Water System in the event of a breach of such an order. 4.5 No person shall, from a Municipal Water System, water or sprinkle, or cause or permit the watering or sprinkling of any lawn, garden, tree, shrub or other outdoor plant, or fill swimming pools, in the Township of Oro - Medonte through a hose or other attachment except between the hours of 7:00 p.m. — 11:00 p.m. subject to the following: a) Owners or tenants of properties with a municipal address with an even number are permitted to water lawns and gardens, or fill swimming pools within the designated times, on even - numbered days of the month; b) Owners or tenants of properties with a municipal address with an odd number are permitted to water lawns and gardens, or fill swimming pools within the designated times, on odd - numbered days of the month; c) Owners of newly seeded and /or sodded lawns, upon proof of installation and subject to the approval of the Director of Transportation and Environmental Services or his designate, may be permitted to water their lawn for fourteen (14) consecutive days regardless of the day designated under these water restrictions; Page 159 of 178 15h) - A By -law to Enter into a Water Serv... d) Owners of properties which have been sprayed for insects, upon proof of such spraying and subject to the approval of the Director of Transportation and Environmental Services or his designate, may be permitted to water their lawn for seven (7) consecutive days regardless of the day designated under these water restrictions. e) Owners of properties with mechanized automated irrigation systems may, subject to 4.5 a) and b), be exempt from watering between 7:00 p.m. and 11 :00 p.m. and by written request to the Director of Transportation and Environmental Services be permitted to water between the hours of 12:01 a.m and 4:00 a.m. 5. METERS 5.1 The Township shall require meters for the purpose of measuring the supply of water to any building, subject to the following; 5.1.1 Meters shall be required for all new Residential, Commercial and Industrial buildings to be constructed on properties lying within a Municipal Water Area at the cost of the Owner. 5.1.2 Meters shall be required for al 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 Sy-law. 5.2 Interior and exterior meters shalt remain the property of the Township and shall not be boxed in such a manner as to prohibit them from being read, examined or removed. 5.3 Interior meters shall be located in a safe and convenient space, free from charge or rent, in a heated room suitable for this purpose, as close as possible to the entrance of the service pipe into the building. The inside meter shall be mounted in such a manner as to be fully braced to prevent movement. 5.4 Free access shall be afforded to such meters and their connections for Persons authorized by the Township whenever such access is required. 5.5 Where the Township has reason to believe that a meter is inoperable and is unable to gain access thereto for inspection and repair, the following steps will be taken; 1) Written notice will be left at the premises requesting access to the meter 2) A phone call will be made requesting access to the meter 3) A Registered letter will be sent requesting access to the meter Upon confirmation of receipt of the registered letter the property will be moved to an annual flat rate of $1200 /unit until such time as access is granted and the meter operable. Page 160 of 178 15h) - A By -law to Enter into a Water Serv... 5.6 The owner shall be responsible for the security of the meter, and other Township equipment, and shall pay the Township the value of such meter and equipment should any damage or loss occur which is, in the opinion of the Director of Transportation and Environmental Services, due to circumstances beyond normal wear and tear. 5.7 No Person other than an authorized employee or agent of the Township shall be permitted to remove, inspect or repair the meter or other equipment of the Township's Wafer Works. 5.8 No Person shall willfully alter a meter placed on any service pipe or connected therewith, within or outside any building or other place, so as to lessen or alter the amount of water registered. 6. FIRE HYDRANTS 6.1 No Person shall use hydrants connected to any Municipal Water System, other than; 6.1.1 employees or volunteer firefighters authorized by the Fire Chief; 6.1.2 employees authorized by the Director of Transportation and Environmental Services. 6.1.3 persons having written permission from the Township to use the hydrants, under the supervision of the Director of Transportation and Environmental Services. 6.2 No Person shall, without approval of the Director of Transportation and Environmental Services or Fire Chief, willfully open or close any hydrant. 6.3 No Person shall, obstruct the access to any hydrant; curb stop, chamber, pipe or hydrant or sample station. 7. OFFENCES AND PENALTIES 7.1 Every Person is guilty of an offence and upon conviction, shall be liable to the fines and penalties prescribed by the Provincial Offences Act; 7.1.1 who willfully hinders or interrupts, or causes or procures to be hindered or interrupted, the Township, its officers, contractors. agents, servants or workers in the exercise of any of the powers conferred under this By -law; or; 7.1.2 who contravenes or fails to comply with any provision of this By -law 7.2 The conviction of an offender upon the breach of any provisions of this by -law shall not operate as a bar to a prosecution against the same offender upon any continued or subsequent breach of any provision. Section 442 of the Municipal Act, 2001, S.O. 2001, c.25, as amended from time to time, shall further apply to any continued or repeated breach of this By -law. 7.3 If any court of competent jurisdiction finds that any of the provisions of this By- law are ultra vires the jurisdiction of council, or are invalid for any reason, such provision shall be deemed to be severable and shall not invalidate any of the other provisions of the By -law, which shall remain in full force and effect. 8. MISCELLANEOUS 8.1 If any provision of this By -law is inconsistent with the Municipal Act, or any other Act, the Provisions of the applicable Act shall prevail. 8.2 A word interpreted in the singular number has a corresponding meaning when used in the plural. Where a word references the masculine gender it shall also include. female. 8.3 That this By -law may be cited as the' Water Regulation By- law ". Page 161 of 178 15h) - A By -law to Enter into a Water Serv... 9. REPEAL 9.1 That the Township of Oro - Medonte hereby repeals By -law No.'s 2003 -25 and 2004 -024. 10. ENACTMENT That this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST AND SECOND TIME THIS 29 DAY OF JUNE, 2009. BY -LAW READ A THIRD TIME AND FINALLY PASSED THIS 29 DAY OF 2009. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Page 162 of 178 15h) - A By -law to Enter into a Water Serv... 1. Definitions For the purpose of this Schedule: SCHEDULE 'J' TO BY -LAW NO. 2010-093 WATER 1.1 "Municipal Water Area" shall mean a subdivision within The Corporation of the Township of Oro - Medonte. 1.2 "Municipal Water Systems" shall include all water works established within the present Township of Oro- Medonte, and shall further include any present or future extensions to the water works under any Act or under an agreement between the Township or its predecessors, but shall not include any private water works which have not been acquired, established, maintained or operated by the Township or its predecessors. 1.3 "Owner" shall mean the assessed owner(s) as identified on the Assessment Roll for taxation purposes during the current year, as amended. 1.4 "Treasurer" shall mean the Treasurer of The Corporation of the Township of Oro - Medonte. 1.5 "Unit" shall mean an assessed or assessable unit within a residential, commercial or industrial building, and shall include an apartment located within a single family dwelling which is serviced by the Township Water System, as permitted under the applicable Zoning By -law. 1.6 "Vacant Lot" means any property not connected to a municipal water system to which water service is available. 1.7 'Water Works" means any works for the collection, production, treatment, storage, supply and distribution of water, or any part of such works, but does not Include plumbing or other works to which the Ontario Building Code Act and its regulations apply. 2. Water Charges, Billing and Collection 2.1 As soon as the water connection installation is approved by the Township Inspector, he shall forthwith turn the water on for the owner. The owner will then be charged at the appropriate water rate, as per Schedule `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 mat at the Oro - Medonte Administration Office, 148 Line 7 South, Sox 100, Oro, On LOL 2X0, or at most financial institutions. Water payments made at a financial institution shall be deemed to be paid on the date shown by the Teller's stamp on the bill stub. The Township shall not be responsible for any applicable service charge payable to the bank. Cheques only can be dropped at the drop boxes located at the Administration Office and Moonstone Fire Hall. Page 19 of 22 Page 163 of 178 15h) - A By -law to Enter into a Water Serv... SCHEDULE "J' TO BY -LAW NO. 2010 -093- WATER continued... 2.6 The Treasurer shall impose a five (5) percent late charge on all unpaid accounts on the day after the due date. 2.7 S an account remains unpaid, the Township may collect amounts payable pursuant to Section 398(2) of the Municipal Act, 2001, c. 25, as amended. 3. Water Rates and Charges 3.1 Consumption Charge Each unit shall be assessed a consumption charge at the rate of $1.90 per cubic meter (m 3.2 Infrastructure Renewal Charge Each unit and vacant lot shall be assessed on infrastructure renewal charge of $50 per quarter ($200 annually). 3.3 Flat Rate - Non - Metered Units Owners on municipal water systems who do not allow access to their homes for the purpose of the installation or repair of water meters will, after three notices, be charged $300 per quarter ($1,200 annually). 3.4 Flat Rate (a) Horseshoe - Oro Plan 1587 $150 per quarter ($600 annually) (b) Horseshoe - Medonte Plan 1531, M -10, M -11 M -23 $150 per quarter ($600 annually) (c) Pine Ridge Ski Club $900 per quarter ($3,600 annually) 3.5 Other Charges (a) Connection Fee Inspection - $200 (b) Disconnection and Reconnection Charge - $50 each 3.6 Where no quarterly water meter reading can be obtained, the unit shall be automatically charged a consumption charge of $100.00, per quarter, until the meter reading is obtained or the requirements under Section 3.3 have been completed by the municipality. 4. Water Meter Package 4.1 Includes meter, back flow preventer, angle meter valve, expansion tank, wire and MXU - $394.50 plus applicable taxes Page 20 of 22 Page 164 of 178 15h) - A By -law to Enter into a Water Serv... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE. BY -LAW NO. 2011 -064 A By -law to Amend By -Law, 2010 -093, "A By -law of The. Corporation of the Township of Oro - Medonte to Provide for the Imposition of Fees or Charges" (Fees and Charges By -law) WHEREAS Part XI1, Section 391(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, authorizes a municipality to impose fees or charges on persons, for services or activities provided or done by or on behalf of 6; for costs payable by it for services or activities provided or done by or on behalf of any other municipality or local board; and for the use of its property including property under its control; AND WHEREAS Section 391(2) of the Municipal Act 2001, S.O. 2001 c.25, as amended, provides that a fee or charge for capital costs related to services or activities may be imposed on persons not receiving an immediate benefit from the services or activdies but who will receive a benefit at some later point in time; AND WHEREAS Section 11(3) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality may pass by -laws respecting matters relating to public utilities; AND WHEREAS The Corporation of the Township of Oro - Medonte operates and maintains municipal water systems; AND WHEREAS Council of the Township of Oro - Medonte did, on the 23 day of June, 2010, enact By -law No. 2010.093 to provide for the imposition of fees or charges; AND WHEREAS pursuant to Motion No. Cl 1 0406 -1 5 Council has deemed it necessary to amend Schedule `J ", Water, of By -law No. 2010 -093. NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. That "Schedule "J" to By -law No. 2010 -093 — Water be amended by deleting and replacing Sections 3.1 and 3.2 with: "3.1 Consumption Charge Each unit shall be assessed a consumption charge at the rate of $1.90 per cubic meter (m Effective July 1, 2011, each unit shall be assessed a consumption charge at the rate of $2.02 per cubic meter (m 3.2 Infrastructure Renewal Charge Effective January 1, 2011, each unit and vacant lot shall be assessed on Infrastructure renewal charge of $51.50 per quarter ($206 annually). The Infrastructure Renewal Charge shall increase by $6.00 annually on January 1a of each subsequent year, commencing January 1, 2012." This by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 27 DAY OF APRIL, 2011. THE COR ATI OF THE TOWNSHIP OF ORO- MEDONTE tyor, H. °'H CI - k, J. c •s Irwin Page 165 of 178 15i) - A By -law to Enter into a Water Serv... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2011 -084 A By -law to Enter into a Water Service Connection Agreement between The Corporation of the Township of Oro - Medonte and Modco Investments Ltd. Being all of PIN 74057 -0551 (Lt) Roll # 4346 - 010 - 003 -20900 (Lot 14) 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 25 DAY OF MAY, 2011. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 166 of 178 15i) - A By -law to Enter into a Water Serv... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE WATER SERVICE CONNECTION AGREEMENT THIS Agreement made, in triplicate, this day of , 2011. BETWEEN: 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: Part Block D, Plan M -8, Being Part 1 on Plan 51R-37175, S/T Easement as in LT354320 & LT441545 Being all of PIN 74057 -0551 (LT) Roll # 4346- 010 - 003 -20900 (Lot 14) The Municipality has entered into this Agreement on the day of , 2011. 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 Page 167 of 178 15i) - 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 and 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 bean or is being unlawfully used. AND WHEREAS the Council of The Corporation of the Township of Oro - Medonte deems it desirable and necessary to pass a By -law to regulate the Municipal Water Systems within the Township; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. Definitions For the purpose of this By -law: 1.1 "Council" shall mean the Council of The Corporation of the Township of Oro - Medonte. 1.2 "Fire Chief shall mean the Fire Chief of the Township of Oro - Medonte Fire and Emergency Services Department. 1.3 "Municipal Water Area" shall mean a subdivision or designated area within The Corporation of the Township of Oro - Medonte, serviced by a Municipal Water System. 1.4 "Municipal Water Supply" shall mean the water supplied from a Municipal Water System. 1.5 "Municipal Water Systems" shall include all water works established within the present Township of Oro - Medonte, and shall further include any present or future extensions to the water works under any Act or under an agreement between the Township or its predecessors, but shall not include any private waterworks which have not been acquired, established, maintained or operated by the Township or its predecessors. Page 168 of 178 15i) - A By -law to Enter into a Water Serv... 1.6 "Owner" shall mean the assessed Owner(s) as identified on the Assessment Roll for Taxation Purposes during the current year, as amended. 1,7 "Person" shall mean an individual human being, his /her personal agent, heir, successors and assigns, and shall include a corporation with or without share capital. 1.8 "Director of Transportation and Environmental Services" shall mean the Director of Transportation and Environmental Services of the Township of Oro - Medonte and /or his designate. 1.9 "Duly Authorized Employee" shall mean any employee authorized by Council. 1.10 "Township" shall mean The Corporation of the Township of Oro - Medonte. 1,11 "Unit" shall mean an assessed or assessable unit within a Residential, Commercial or Industrial building and shall include an apartment located within a single family dwelling, which is serviced by the Township Water System, as permitted under the applicable Zoning By -law. 1.12 "Water Works" means any works for the collection, production, treatment, storage, supply, and distribution of water, or any part of such works, but does not include plumbing or other works to which the Ontario Building Code Act and its regulations apply. 2. GENERAL PROVISIONS 2.1 This By -law shall apply to all Municipal Water Systems located within the geographical boundaries of the Township. 2.2 No person shall lay, or cause to be laid, any pipe or main to communicate with any pipe or main of the Municipal Water System, or in any way obtain or use the Municipal Water Supply without consent of the Township. 2.3 Any extensions or connections to a Municipal Water System shall be constructed in accordance with the Township of Oro - Medonte Engineering Standards. 2.4 No person, being an Owner, tenant, occupant or inmate of any house or building or other place supplied with water from the Municipal Water System, shall improperly waste water or, without the consent of the Director of Transportation and Environmental Services, lend, sell or dispose of water, give water away, permit water to be taken or carried away, use or apply water to the use or benefit of another, or to any use and benefit other than the person's own, or increase the supply of water. This shall include the furnishing of water from one building connected to the Municipal Water System, to another building. 2.5 All pipes, valves, fittings and other equipment between the water main and the street line shall remain the property of the Township. 2.6 The Township does not guarantee the continuous supply, quality, or pressure of water from a Municipal Water System. The Township is not liable for damage caused by the breaking of any services pipe or attachment, or for shutting off of water to repair or to tap mains, if reasonable notice of the intention to shut off the water is given. The Township is not liable for damage caused by emergency water main breaks or service breaks or attachments for shutting water off to repair the emergency situation. No notice of intention to shut water off is required during emergency repair activities. 2.7 The Director of Transportation and Environmental Services shall be responsible for the operation and maintenance of all Municipal Water Systems, including required testing, servicing, and the removal of snow from around all hydrants, as deemed necessary. Page 169 of 178 15i) - A By -law to Enter into a Water Serv... 2.8 The Director of Transportation and Environmental Services, or other duly authorized employee, in the case of an emergency, which may imperil the supply or quality of water, may shut off the Municipal Water Supply and take such remedial action as may be necessary. Such remedial action may include limiting or stopping up the supply of water in any area or restricting the use of water for any specific purpose. 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. 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 less than the actual amount of the public utility that passes through it, is guilty of an offence and on conviction, is liable to a fine, to the use of the Township, and for the expenses of repairing or replacing the meter, service pipe, conduit, wire, rod, or fitting and double the value of the surplus public utility so consumed, all of which is recoverable under the Provincial Offences Act, R.S.O. 1990, C.P. 33, as amended. 3.9 Any Owner who desires a change in the location, arrangement or size of a Municipal Water Supply Service, shall apply, in writing, to the Director of Transportation and Environmental Services. If a request is granted by the Director of Transportation and Environmental Services, costs incurred by the Township shall be payable as a condition of the granting of the request and shall be collectable by the Township as a charge against the benefiting lands. Page 170 of 178 15i) - A By -law to Enter into a Water Serv... 3.10 Where any auxiliary water supply exists in any building connection to a Municipal Water System, approved backflow protection shall be installed. This requirement shall include the handling of processed waters, and waters originating from the Municipal Water system, which may have been, or may be subjected to, deterioration in sanitary quality. Backtlow protection devices shall be installed where internal cross connections exist. All property Owners with swimming pools, in ground or above ground, shall install a backflow prevention device on all outside water taps. 3.11 Any Owner desiring to have the Municipal Water Supply turned off or on for any reason whatsoever, shall apply, in writing, to the Director of Transportation and Environmental Services, who may direct that the water be turned on or off. 3.12 A Disconnection/Re- Connection Fee, as established by By -law, shall be charged by the Township for turning off or on the Municipal Water Supply, where such action is necessitated by: 3.12.1 — a written request by the Owner; or 3.12.2 — non- payment of a water bill; or 3.12.3 — failure to provide access to a meter 4. WATER USEAGE AND RESTRICTIONS 4.1 No Person shall willfully let off or discharge water so that the water runs waste or useless out of the Municipal Water System. 4.2 The Township reserves the right to turn off the Municipal Water Supply to any house, building or other place supplied with water from the Water Works, as deemed necessary by the Director of Transportation and Environmental Services, to stop and prevent waste. 4.3 Failure to comply with any requirements relative to the protection of a Municipal Water Supply shall be sufficient reason for immediate discontinuance of water service by the Township, until such time as it is determined that the requirements of the Township, Ontario Building Code Act, any order or approval by a Medical Officer of Health, Public Health Inspector, or Ministry of the Environment, have been met. 4.4 The Director of Transportation and Environmental Services, or other duly authorized employee, may take such measures, as it is deemed necessary, to regulate or suspend any or all use of water distributed through a hose, or any other attachment, for street, lawn or garden watering, or for any fountain or object, or for any other similar purpose. The watering of lawns or gardens, or filling of swimming pools, are not deemed to be a domestic use under the terms of the By -law and may be prohibited, from time to time, by Resolution of Council, and the Director of Transportation and Environmental Services is hereby authorized to take all such action, as may be necessary, to immediately terminate the supply of water to any property served by the Municipal Water System in the event of a breach of such an order. 4.5 No person shall, from a Municipal Water System, water or sprinkle, or cause or permit the watering or sprinkling of any lawn, garden, tree, shrub or other outdoor plant, or fill swimming pools, in the Township of Oro - Medonte through a hose or other attachment except between the hours of 7:00 p.m. — 11:00 p.m. subject to the following: a) Owners or tenants of properties with a municipal address with an even number are permitted to water lawns and gardens, or fill swimming pools within the designated times, on even - numbered days of the month; b) Owners or tenants of properties with a municipal address with an odd number are permitted to water lawns and gardens, or fill swimming pools within the designated times, on odd - numbered days of the month; c) Owners of newly seeded and/or sodded lawns, upon proof of installation and subject to the approval of the Director of Transportation and Environmental Services or his designate, may be permitted to water their lawn for fourteen (14) consecutive days regardless of the day designated under these water restrictions; Page 171 of 178 15i) - A By -law to Enter into a Water Serv... d) Owners of properties which have been sprayed for insects, upon proof of such spraying and subject to the approval of the Director of Transportation and Environmental Services or his designate, may be permitted to water their lawn for seven (7) consecutive days regardless of the day designated under these water restrictions. e) Owners of properties with mechanized automated irrigation systems may, subject to 4.5 a) and b), be exempt from watering between 7:00 p.m. and 11:00 p.m. and by written request to the Director of Transportation and Environmental Services be permitted to water between the hours of 12:01 a.m and 4:00 a.m. 5. METERS 5.1 The Township shall require meters for the purpose of measuring the supply of water to any building, subject to the following; 5.1.1 Meters shall be required for all new Residential, Commercial and Industrial buildings to be constructed on properties lying within a Municipal Water Area at the cost of the Owner. 5.1.2 Meters shall be required for all existing Residential, Commercial and Industrial buildings located within a Municipal Water Area. (1) When the Township determines that water meters shall be installed in existing buildings located within a Municipal Water Area, meters shall be installed by the Township and the cost, therefore, shall be charged to the applicable Municipal Water Area. 5.1.3 One (1) meter shall be required for each unit within any Residential, commercial and /or Industrial building. The Director of Transportation and Environmental Services may waive the requirement for separate meters where, in the opinion of the Director of Transportation and Environmental Services, the existing water service prevents the installation of multiple meters. The waiving of this requirement does not relieve the Owner from any minimum rate which may be assessed against each unit under this By -law. 5.2 Interior and exterior meters shall remain the property of the Township and shall not be boxed in such a manner as to prohibit them from being read, examined or removed. 5.3 Interior meters shall be located in a safe and convenient space, free from charge or rent, in a heated room suitable for this purpose, as close as possible to the entrance of the service pipe into the building. The inside meter shall be mounted in such a manner as to be fully braced to prevent movement. 5.4 Free access shall be afforded to such meters and their connections for Persons authorized by the Township whenever such access is required. 5,5 Where the Township has reason to believe that a meter is inoperable and is unable to gain access thereto for inspection and repair, the following steps will be taken; 1) Written notice will be left at the premises requesting access to the meter 2) A phone call will be made requesting access to the meter 3) A Registered letter will be sent requesting access to the meter Upon confirmation of receipt of the registered letter the property will be moved to an annual flat rate of $1200 /unit until such time as access is granted and the meter operable. Page 172 of 178 15i) - A By -law to Enter into a Water Serv... 5.6 The owner shall be responsible for the security of the meter, and other Township equipment, and shall pay the Township the value of such meter and equipment should any damage or Toss occur which is, in the opinion of the Director of Transportation and Environmental Services, due to circumstances beyond normal wear and tear. 5.7 No Person other than an authorized employee or agent of the Township shall be permitted to remove, inspect or repair the meter or other equipment of the Township's Water Works. 5.8 No Person shall willfully alter a meter placed on any service pipe or connected therewith, within or outside any building or other place, so as to lessen or alter the amount of water registered. 6. FIRE HYDRANTS 6.1 No Person shall use hydrants connected to any Municipal Water System, other than; 6.1.1 employees or volunteer firefighters authorized by the Fire Chief; 6.1.2 employees authorized by the Director of Transportation and Environmental Services. 6.1.3 persons having written permission from the Township to use the hydrants, under the supervision of the Director of Transportation and Environmental Services. 6.2 No Person shall, without approval of the Director of Transportation and Environmental Services or Fire Chief, willfully open or close any hydrant. 6.3 No Person shall, obstruct the access to any hydrant; curb stop, chamber, pipe or hydrant or sample station. 7. OFFENCES AND PENALTIES 7.1 Every Person Is guilty of an offence and upon conviction, shall be liable to the fines and penalties prescribed by the Provincial Offences Act; 7.1.1 who willfully hinders or interrupts, or causes or procures to be hindered or interrupted, the Township, its officers, contractors, agents, servants or workers in the exercise of any of the powers conferred under this By -law; or, 7.1.2 who contravenes or fails to comply with any provision of this By -law 7.2 The conviction of an offender upon the breach of any provisions of this by -law shall not operate as a bar to a prosecution against the same offender upon any continued or subsequent breach of any provision. Section 442 of the Municipal Act, 2001, S.O. 2001, c.25, as amended from time to time, shall further apply to any continued or repeated breach of this By -law. 7.3 If any court of competent jurisdiction finds that any of the provisions of this By- law are ultra vires the jurisdiction of council, or are invalid for any reason, such provision shall be deemed to be severable and shall not invalidate any of the other provisions of the By -law, which shall remain in full force and effect. 8. MISCELLANEOUS 8.1 If any provision of this By -law is inconsistent with the Municipal Act, or any other Act, the Provisions of the applicable Act shall prevail. 8.2 A word interpreted in the singular number has a corresponding meaning when used in the plural. Where a word references the masculine gender it shall also include female. 8.3 That this By -law may be cited as the' Water Regulation By -law". Page 173 of 178 15i) - A By -law to Enter into a Water Serv... 9. REPEAL 9.1 That the Township of Oro- Medonte hereby repeals By -law No.'s 2003 -25 and 2004 -024. 10. ENACTMENT That this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST AND SECOND TIME THIS 29 DAY OF JUNE, 2009. BY -LAW READ A THIRD TIME AND FINALLY PASSED THIS 29 DAY OF 2009. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE 1 Page 174 of 178 15i) - A By -law to Enter into a Water Serv... 1. Definitions For the purpose of this Schedule: SCHEDULE 'J' TO BY -LAW NO. 2010 -093 WATER 1.1 "Municipal Water Area" shall mean a subdivision within The Corporation of the Township of Oro - Medonte. 1.2 "Municipal Water Systems" shall include all water works established within the present Township of Oro - Medonte, and shall further include any present or future extensions to the water works under any Act or under an agreement between the Township or its predecessors, but shall not include any private water works which have not been acquired, established, maintained or operated by the Township or its predecessors. 1.3 "Owner" shalt 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 'J'. 2.2 At the end of each quarter, the duly authorized employee shall read, or cause to be read, at 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 The Treasurer shall, for each calendar quarter, issue bills to each unit or vacant lot based on the applicable water charge or rate. Water bills shall be due and payable not less than twenty -one (21) days from the date of mailing. 2.5 Water payments shall be payable to The Corporation of the Township of Oro - Medonte and may be paid during office hours in person or by mail at the Oro - Medonte Administration Office, 148 Line 7 South, Box 100, Oro, On LOL 2X0, or at most financial institutions. Water payments made at a financial institution shall be deemed to be paid on the date shown by the Teller's stamp on the bill stub. The Township shall not be responsible for any applicable service charge payable to the bank. Cheques only can be dropped at the drop boxes located at the Administration Office and Moonstone Fire Hall. Page 19 of 22 Page 175 of 178 15i) - A By -law to Enter into a Water Serv... SCHEDULE "J" TO BY -LAW NO. 2010-093 — WATER continued... 2.6 The Treasurer shall impose a five (5) percent late charge on all unpaid accounts on the day after the due date. 2.7 If an account remains unpaid, the Township may collect amounts payable pursuant to Section 398(2) of the Municipal Act, 2001, c. 25, as amended. 3. Water Rates and Charges 3.1 Consumption Charge Each unit shall be assessed a consumption charge at the rate of $1.90 per cubic meter (m 3.2 Infrastructure Renewal Charge Each unit and vacant lot shall be assessed on infrastructure renewal charge of $50 per quarter ($200 annually). 3.3 Flat Rate - Non - Metered Units Owners on municipal water systems who do not allow access to their homes for the purpose of the installation or repair of water meters will, after three notices, be charged $300 per quarter ($1,200 annually). 3.4 Flat Rate (a) Horseshoe - Oro Plan 1587 $150 per quarter ($600 annually) (b) Horseshoe - Medonte Plan 1531 M -10 M -11, M -23 $150 per quarter ($600 annually) (c) Pine Ridge Ski Club $900 per quarter ($3,600 annually) 3.5 Other Charges (a) Connection Fee Inspection - $200 (b) Disconnection and Reconnection Charge - $50 each 3.6 Where no quarterly water meter reading can be obtained, the unit shall be automatically charged a consumption charge of $100.00, per quarter, until the meter reading is obtained or the requirements under Section 3.3 have been completed by the municipality. 4. Water Meter Package 4.1 Includes meter, back flow preventer, angle meter valve, expansion tank, wire and MXU - $394.50 plus applicable taxes Page 20 of 22 Page 176 of 178 15i) - A By -law to Enter into a Water Serv... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW N0. 2011 -064 A By -law to Amend By -Law, 2010 -093, "A By -law of The Corporation of the Township of Oro-Medonte to Provide for the Imposition of Fees or Charges" (Fees and Charges By -law) WHEREAS. Part XII, Section 391(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, authorizes a municipality to impose fees or charges on persons, for services or activities provided or done by or on behalf of it; for costs payable by it for services or activities provided or done by or on behalf of any other municipality or local board; and for the use of its property including properly under its control; AND WHEREAS Section 391(2) of the Municipal Act, 2001, S.O. 2001 c.25, as amended, provides that a fee or charge for capital costs related to services or activities may be imposed on persons not receiving an immediate benefit from the services or activities but who will receive a benefit at some later point in time; AND WHEREAS Section 11(3) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality may pass by -laws respecting matters relating to public utilities; AND WHEREAS The Corporation of the Township of Oro-Medonte operates and maintains municipal water systems; AND WHEREAS Council of the Township of Oro - Medonte did, on the 23 day of June, 2010, enact By -law No. 2010 -093 to provide for the imposition of fees or charges; AND WHEREAS pursuant to Motion No. C110406 -15 Council has deemed it necessary to amend Schedule 'X, Water, of By -law No. 2010 -093. NOW THEREFORE the Council of the Township of Oro- Medonte hereby enacts as follows: 1. That "Schedule "J" to By -law No. 2010 -093 — Water° be amended by deleting and replacing Sections 3.1 and 3.2 with: "3.1 Consumption Charge Each unit shall be assessed a consumption charge at the rate of $1.90 per cubic meter (m'). Effective July 1, 2011, each unit shall be assessed a consumption charge at the rate of $2.02 per cubic meter (in'). 3.2 Infrastructure Renewal Charge Effective January 1, 2011, each unit and vacant lot shall be assessed on infrastructure renewal charge of $51.50 per quarter ($206 annually). The Infrastructure Renewal Charge shall increase by $6.00 annually on January 1" of each subsequent year, commencing January 1, 2012." 2. This by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 27 DAY OF APRIL, 2011. THE COR ATI OF THE TOWNSHIP OF ORO- MEDONTE A 4 ' o, Mayor, H CI k, J. Irwin Page 177 of 178 18a) - Being a By -Law to Confirm the Proce... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2011 -077 Being a By -Law to Confirm the Proceedings of the Council Meeting held on Wednesday, May 25, 2011 WHEREAS Section 5 of the Municipal Act, 2001, S.O. 2001, C. 25, as amended provides that the powers of the Municipal Council shall be exercised by By -Law, unless the municipality is specifically authorized to do otherwise; AND WHEREAS The Council of The Corporation of the Township of Oro - Medonte deems it expedient that the proceedings at this Council Meeting be confirmed and adopted by By -Law; NOW THEREFORE the Council of The Corporation of the Township of Oro - Medonte hereby enacts as follows: 1. That the actions of the Council at its Council Meeting held on Wednesday, May 25, 2011, 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. 3. That the Mayor and Clerk are hereby authorized and directed to execute and affix the corporate seal to all necessary documents. 4. And That this by -law shall come into force and take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 25 DAY OF MAY, 2011. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 178 of 178