09 07 2011 Council AgendaTownship of
Proud Heritage, Excitbkr Future
THE TOWNSHIP OF ORO- MEDONTE
COUNCIL MEETING AGENDA
COUNCIL CHAMBERS
Wednesday, September 7, 2011
9:00 a.m. - Closed Session
10:00 a.m. - Open Session
Page
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) Andria Leigh, Director of Development Services, re: Litigation affecting the
municipality (2011 -B -09, Crawford).
d) Doug Irwin, Director of Corporate Services, re: Acquisition /disposition of lands
(Ingram Road Lands).
e) Doug Irwin, Director of Corporate Services /Clerk, re: Personal matters about
an identifiable individual (Environmental Roundtable).
f) Doug Irwin, Director of Corporate Services /Clerk, re: Acquisition and
disposition of land (Foxmead Road Lands).
g) Doug Irwin, Director of Corporate Services /Clerk, re: Litigation affecting the
municipality (Use of Municipal Property).
5. IDENTIFICATION FROM THE PUBLIC OF AN AGENDA ITEM OF
INTEREST:
6. MINUTES OF COUNCIL AND COMMITTEES:
5 -45 a) Minutes of Council meeting held on August 17, 2011.
46 -52 b) Minutes of Committee of Adjustment meeting held on August 18, 2011.
53 -57 c) Minutes of Recreation Technical Support Group meeting held on August 25,
2011.
7. RECOGNITION OF ACHIEVEMENTS:
None.
8. PUBLIC MEETINGS:
None.
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9.
DEPUTATIONS:
None.
10.
REPORTS OF MUNICIPAL OFFICERS:
58 -59 a)
Report No. CS2011 -25, Doug Irwin, Director of Corporate Services /Clerk, re:
Ontario Geospatial Data Exchange (OGDE) Agreement [refer to Item 15f)].
60 -69 b)
Report No. DS2011 -027, Andria Leigh, Director of Development Services,
re: John Duddy, 3886 Line 11 North, Concession 11 East Part of Lot 4
(Medonte) [deferred from August 17, 2011 meeting][to be distributed at the
meeting].
70 -75 c)
Report No. DS2011 -035, Andria Leigh, Director of Development Services, re:
Site Plan Agreement 2011 - SPA -21 (Hilliard) 856 Horseshoe Valley Road
East, Part of West 1/2 Lot 1, Concession 11 Being all of PIN 58529 -0120 (LT)
(Former Township of Oro) [refer to Item 15e)].
11.
REPORTS OF MEMBERS OF COUNCIL:
76 -77 a)
Mayor H.S. Hughes, re: AMO Conference & Related Waste Management.
78 -106 b)
Mayor H.S. Hughes, re: County of Simcoe Waste Management Update.
c)
Deputy Mayor Hough, re: Alternate Representation at NVCA Board Meeting of
September 30, 2011.
107 d)
Councillor Crawford re: Lakeshore Road East and Line 7 South Intersection.
12.
CONSENT AGENDA:
a)
Announcements of Interest to the Public - None.
108 -109 b)
Correspondence dated August 4, 2011 from Sharon Goerke, Deputy Clerk,
Township of Severn, re: Common Interest Committee.
Staff Recommendation: Receive.
110 -111 c) Correspondence received August 23, 2011 from Don Head, Commissioner,
Correctional Service Canada, re: Request to Proclaim November 13 -20,
2011 Restorative Justice Week 2011.
Staff Recommendation: Receive.
112 -113 d) Correspondence dated August 22, 2011 from Dawn McAlpine, City Clerk, City
of Barrie, re: Inter - Municipal Service Agreement - Barrie and Orillia Court
Service Area.
Staff Recommendation: Receive.
13. COMMUNICATIONS:
114 a) Correspondence dated August 16, 2011 from Steve Charbonneau,
Superintendent of Schools - Elementary, Simcoe Muskoka Catholic District
School Board ( SMCDSB) re: Municipal Representation Requested, SMCDSB
North Barrie Elementary School Pupil Accommodation Review Committee &
Process.
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13. COMMUNICATIONS:
115 -116 b) Correspondence dated August 18, 2011 from Michelle Hudolin, Wetlands &
Habitat Biologist, Severn Sound Environmental Association (SSEA) re: Early
Response Funding Available for Projects to Protect Municipal Water Sources
in the Severn Sound Source Protection Area.
117 -133 c) Correspondence dated August 18, 2011 from Angela County, Ontario
Recycling, re: 18 Small Crescent - Ontario Recycling Facility.
134 -146 d) Correspondence dated August 31, 2011 from Brian Pearson, re: Proposed
Settlement Agreement for the Coldwater Narrows Specific Claim.
147 e) Correspondence dated September 4, 2011 from Karrie Semple and Homer
Frank, re: Request for Exemption to Noise By -law.
[Addenda]
14. NOTICE OF MOTIONS:
15. BY -LAWS:
148 a) By -Law No. 2011 -138 A By -law to Repeal By -law No. 2010 -145 "A By -law
to amend the zoning provisions which apply to lands
within Part West Half of Lot 24, Concession 7
(Former Township of Oro); Part Lot 25, Concession
7 (Former Township of Oro) as in R0662159;
Except Part 1, 51 R -6080, Oro - Medonte and Except
Part 1, 51 R- 37419, Save and Except Part 1 & 2,
51 R- 37365, Township of Oro - Medonte, County of
Simcoe Roll# 4346- 010 - 009 - 00120 ".
149 -156 b) By -Law No. 2011 -139 A By -law to Authorize the Execution of An
Agreement Between The Corporation of the
Township of Oro - Medonte and Ivanka Welykanycz.
157 c) By -Law No. 2011 -140 A By -law to Authorize the Acquisition of Lands
described as Part Lot 20, Concession 5, (Part of
PIN 58545 -0154 (LT)), designated as Part 3, Plan
51 R- 37993, (geographic Township of Oro),
Township of Oro - Medonte, County of Simcoe for
Municipal Purposes.
158 -159 d) By -Law No. 2011 -141 A By -law to Exchange the lands described as Part
Lot 20, Concession 5, (Part of PIN 58545 -0155
(LT)), designated as Part 6, Plan 51R-37993,
(geographic Township of Oro), Township of Oro -
Medonte, County of Simcoe For The lands
described as Part Lot 20, Concession 5, (Part of
PIN 58545 -0154 (LT)), designated as Part 2, Plan
51R-37993, (geographic Township of Oro),
Township of Oro - Medonte, County of Simcoe for
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15. BY -LAWS:
Municipal Purposes.
160 -171 e) By -Law No. 2011 -142
A By -law to Authorize the Execution of a Site Plan
Control Agreement between The Corporation of the
Township of Oro - Medonte and Timothy Jay Hilliard
and Donna Louise Hilliard described as lands as
follows: Concession 11, West Part Lot 1 Being all
of PIN 58529 -0120 (LT), 856 Horseshoe Valley
Road East TOWNSHIP OF ORO- MEDONTE
Former Township of Medonte PIN 58529 -0120 (LT)
Roll# 4346- 020 - 010 -14300 Township of Oro -
Medonte, County of Simcoe.
172 -184 f) By -Law No. 2011 -143
A By -law to Authorize the Execution of the Ontario
Geospatial Data Exchange (OGDE) Membership
Application and to Repeal By -law No. 2006 -115.
185 g) By -Law No. 2011 -145
A By -law to Appoint An Auditor and to Repeal By-
Law 2007 -107.
186 h) By -Law No. 2011 -146
Being a By -law to Delegate Powers and Duties for
the Township of Oro - Medonte with respect to the
Granting of Temporary Parking in "No Parking"
Zones on Highways under the Jurisdiction of the
Township of Oro - Medonte.
187 -188 i) By -Law No. 2011 -147
A By -law to Authorize the Execution of an
Addendum to a Lease Agreement Between The
Corporation of the Township of Oro - Medonte and
the Huronia Nurse Practitioner — Led Clinic And to
Amend By -law No. 2011 -129.
16. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM:
17. CLOSED SESSION ITEMS (UNFINISHED ITEMS):
18. CONFIRMATION BY -LAW:
189 a) By -Law No. 2011 -144 Being a By -Law to Confirm the Proceedings of the
Council Meeting Held on Wednesday, September
7, 2011.
19. ADJOURNMENT:
a) Motion to Adjourn.
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6a) - Minutes of Council meeting held on August 17, 2011.
THE TOWNSHIP OF ORO- MEDONTE
REGULAR COUNCIL MEETING MINUTES
TPP�hu�11p0 Council Chambers
Proud Heritage, Extit xg Future
Wednesday, August 17, 2011
Present:
Staff Present:
2010 - 2014 COUNCIL'.,
Mayor H.S. Hughes
Deputy Mayor Ralph Hougl-
Councillor Mel Coutanche
Councillor Kelly Meyer
Councillor Marty Lancaster
Councillor John rrawford
Councillor Dwig. ins
Time: 9:07 a.m.
Robin Dunn, Chief, �ministrative Officer; Paul Gravelle, Director of
Finance /Treasurer /D.. uty CAO; Doug Irwin, Director of Corporate
Ser, ... `. rk; Andria '-eigh, Director of Development Services; Jerry
B �)irecto�' of Transportation and Environmental Services; Donna
He. ` Director of Corporate & Strategic Initiatives; Shawn Binns,
Direct of Recreation and Community Services; Hugh Murray; Deputy
Fire Chip Tamara Obee, Manager Health & Safety, Human
Resources, 'iarie Brissette, Committee Coordinator; Samah Othman,
Executive Assistant / Corporate Communications Specialist; Glenn
White, Manager of Planning; Alan Wiebe, Planner; Chris Williams and
Jody Johnson, Aird & Berlis LLP, Knox Henry.
Also Present: Mark Lockwood, Dara Carpenter, Heather Mack, Ted Beaton, Ann
Truyens, Joan Ellis, Klaus Kuch, David Daminten, Steve Rehling,
Nancy McHardy, Barry Leigh, Bob Ripley, Lise Corbett, Sampson
Whitechurch, Jerry Noble, Burcu Arigsoy, Angela Rudy, Melanie
Moore, Dunc Zllis
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.
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6a) - Minutes of Council meeting held on August 17, 2011.
Councillor Lancaster declared a pecuniary interest on Item 14h) Andria Leigh, Director
of Development Services, re: Litigation affecting the municipality (Zoning Infraction) as
he is a property owner. Councillor Lancaster left the Chambers and did not participate
in the discussion and left the table during the vote.
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6a) - Minutes of Council meeting held on August 17, 2011.
Council Meeting Minutes — August 17, 2011.
4. CLOSED SESSION ITEMS:
a) Motion to go In Closed Session.
Motion No. C110817 -3
Moved by Meyer, Seconded by Coutanche
Be it resolved that we do now go in Closed Session 9:10 a.m.
• acqjii- itinn /disnnsitinn of land•
• pers
• litig'
• soli(
to discuss
Carried.
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6a) - Minutes of Council meeting held on August 17, 2011.
Council Meeting Minutes — August 17, 2011.
b) Motion to Rise and Report.
Motion No. C110817 -4
Moved by Crawford, Seconded by Evans
Be it resolved that we do now Rise at 10:01 a.m. and Report on the Closed Session
Items
c) Robin Dunn, CAO, and Andria Leigh, Director of Development Services, re: Solicitor -
client privilege information (Tri -Party MOU Update).
d) Robin Dunn, CAO, re: Personal matters about an identifiable individual (Fire &
Emergency Services).
e) Robin Dunn, CAO, re: Litigation affecting the municipality (Landfill Site).
f) Robin Dunn, CAO, re: Acquisition /disposition of land (Fairway Court).
g) Donna Hewitt, Director of Corporate and Strategic Initiatives, and Shawn Binns,
Director of Recreation and Community Services, re: Acquisition /disposition of land
(Nurse Practitioner Clinic).
s) Mayor H.S. Hughes, Litigation affecting the municipality (Growth Plan Amendment
1).
and that Closed Session Items
h) Andria Leigh, Director of Development Services, re: Litigation affecting the
municipality (Zoning Infraction).
i) Jerry Ball, Director of Transportation and Environmental Services, re:
Acquisition /disposition of land (Old Barrie Road).
j) Jerry Ball, Director of Transportation and Environmental Services, re: Potential
litigation affecting the municipality (Driveway Repairs).
k) Doug Irwin, Director of Corporate Services /Clerk re: Acquisition /disposition of land
(Shanty Bay Boathouse).
1) Doug Irwin, Director of Corporate Services, re: Acquisition /disposition of lands
(Ingram Road Lands).
m) Doug Irwin, Director of Corporate Services, re: Acquisition /disposition of land
(Guthrie Lands).
n) Doug Irwin, Director of Corporate Services, re: Acquisition /disposition of land (Line 4
Water Supply).
o) Doug Irwin, Director of Corporate Services, re: Acquisition /disposition of land
(Unopened Section of Bay Street).
q) Doug Irwin, Director of Corporate Services /Clerk, re: Solicitor - client privilege
(Lakeshore Promenade Encroachments).
r) Doug Irwin, Director of Corporate Services /Clerk re: Acquisition /disposition of land
(Line 11 North & 15/16 Sideroad - Part 3, Plan 51 R- 36354).
be brought forward to Item 17 Closed Session Items (Unfinished Items).
Carried.
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6a) - Minutes of Council meeting held on August 17, 2011.
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6a) - Minutes of Council meeting held on August 17, 2011.
Council Meeting Minutes — August 17, 2011.
e) Robin Dunn, CAO, re: Litigation affecting the municipality (Landfill Site).
The following staff were present: Robin Dunn, Chief Administrative Officer; Doug Irwin,
Director of Corporate Services /Clerk; Paul Gravelle, Director of
Finance /Treasurer /Deputy CAO; Andria Leigh, Director of Development Services;
Shawn Binns, Director of Recreation and Community Services; Donna Hewitt, Director
of Corporate and Strategic Initiatives.
Motion No. C110817 -7
Moved by Crawford, Seconded by Lancaster 40'0
Be it resolved that the confidential verbal information presented by Robin Dunn, CAO,
re: Litigation affecting the municipality (Landfill Site) be received; And that staff proceed
as directed.
Carried.
f) Robin Dunn, CAO, re: Acquisition /disposition of land (Fairway Court) (from July 13, 2011
meeting].
The following staff were present: Robin Dunn, Chief Administrative Officer; Doug Irwin,
Director of Corporate Services /Clerk; Andria Leigh, Director of Development Services;
Shawn Binns, Director of Recreation and Community Services; Donna Hewitt, Director
of Corporate and Strategic Initiatives.
Motion No. C110817 -8 ffi
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6a) - Minutes of Council meeting held on August 17, 2011.
Council Meeting Minutes — August 17, 2011.
g) Donna Hewitt, Director of Corporate and Strategic Initiatives, and Shawn Binns, Director
of Recreation and Community Services, re: Acquisition /disposition of land (Nurse
Practitioner Clinic).
The following staff were present: Robin Dunn, Chief Administrative Officer; Doug Irwin,
Director of Corporate Services /Clerk; Andria Leigh, Director of Development Services;
Shawn Binns, Director of Recreation and Community Services; Donna Hewitt, Director
of Corporate and Strategic Initiatives.
Motion No. C110817 -9
Moved by Coutanche, Seconded by Meyer
Be it resolved that Confidential Memorandum dated August 17, 2011 from Donna
Hewitt, Director of Corporate and Strategic Initiatives, and Shawn Binns, Director of
Recreation and Community Services, re: Acquisition /disposition of land (Nurse
Practitioner Clinic) be received.
Carried.
h) Andria Leigh, Director of Development Services, re: Litigation affecting the municipality
(Zoning Infraction).
Councillor Lancaster declared a pecunjiary interest on Item 14h) Andria Leigh, Director
of Development Services, re: Litigation affecting the municipality (Zoning Infraction) as
he is a property owner. Councillor Lancaster left the Chambers, did not participate in
the discussion and left the table during the vote.
The following staff were present: Robin Dunn, Chief Administrative Officer; Doug Irwin,
Director of Corporate Services /Clerk; Andria Leigh, Director of Development Services;
Jerry Ball, Director of Transportation and Environmental Services; Donna Hewitt,
Director of Corporate and Strategic Initiatives; Tamara Obee, Manager, Health & Safety,
Human Resources; Chris Williams, Jody Johnson, Aird & Berlis LLP.
Motion No. C110817 -10
Moved by Crawford, Seconded by Evans
Be it resolved that Confidential Memorandum dated August 17, 2011 from Andria Leigh,
Director of Development Services, re: Litigation affecting the municipality (Zoning
Infraction) be received.
Carried.
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6a) - Minutes of Council meeting held on August 17, 2011.
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6a) - Minutes of Council meeting held on August 17, 2011.
Council Meeting Minutes — August 17, 2011.
k) Doug Irwin, Director of Corporate Services /Clerk re: Acquisition /disposition of land
(Shanty Bay Boathouse).
The following staff was present: Doug Irwin, Director of Corporate Services /Clerk.
Motion No. C110817 -13
Moved by Coutanche, Seconded by Meyer
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6a) - Minutes of Council meeting held on August 17, 2011.
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6a) - Minutes of Council meeting held on August 17, 2011.
Council Meeting Minutes — August 17, 2011
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6a) - Minutes of Council meeting held on August 17, 2011.
Council Meeting Minutes — August 17, 2011.
Memorandum correspondence was distributed to Council and staff in Open Session.
Motion No. C110817 -19
Moved by Coutanche, Seconded by Meyer
Be it resolved that the memorandum dated August 17, 2011, Donna Hewitt, Director of
Corporate and Strategic Initiatives, re: Review of Outsourced Legal Services be
received.
Carried.
The following staff were present: Robin Dunn, Chief Administrative Officer; Doug Irwin,
Director of Corporate Services /Clerk.
Motion No. C110817 -21
Moved by Evans, Seconded by Crawford
Be it resolved that the confidential correspondence dated August 15, 2011, 2011 and
presented by Doug Irwin, Director of Corporate Services /Clerk, re:
Acquisition /disposition of land (Line 11 North & 15/16 Sideroad - Part 3, Plan 51 R-
36354) be received; And That staff proceed accordingly.
Carried.
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6a) - Minutes of Council meeting held on August 17, 2011.
b) Minutes of Committee of Adjustment meeting held on July 21, 2011
Moved by Coutanche, Seconded by Meyer
Be it resolved that the draft minutes of the Committee of Adjustment meeting held on
Thursday, July 21, 2011, be received.
Carried.
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6a) - Minutes of Council meeting held on August 17, 2011.
Council Meeting Minutes — August 17, 2011.
c) Minutes of Recreation Technical Support Group meeting held on July 28, 2011.
Motion No. C110817 -25
Moved by Evans, Seconded by Crawford
Be it resolved that the draft minutes of the Recreation Technical Support Group meeting
held on Thursday, July 28, 2011, be received.
Carried.
7. RECOGNITION OF ACHIEVEMENTS:
Motion No. C110817 -27
Moved by Crawford, Seconded by Lancaster
Be it resolved that the correspondence dated July 26, 2011 from Joan M. Goldsmith, re:
Letter of Appreciation be received; And That the Transportation Staff be recognized
under the Mayor's signature,
Carried.
c) Correspondence dated July, 2011 from The Hutchins re: Letter of Appreciation to Station
2 Firefighters (Hawkestone).
Motion No. C110817 -28
Moved by Coutanche, Seconded by Meyer
Be it resolved that the correspondence dated July, 2011 from The Hutchins, re: Letter of
Appreciation to Station 2 Firefighters (Hawkestone) be received; And That the Oro -
Medonte Station 2 Firefighters (Hawkestone) be recognized for their service under the
Mayor's signature.
Carried.
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6a) - Minutes of Council meeting held on August 17, 2011.
Council Meeting Minutes — August 17, 2011.
d) Correspondence from Glenn Currie, Currie's Heavy Towing, re: Letter of Appreciation to
Station 6 Firefighters (Moonstone).
Motion No. C110817 -29
Moved by Lancaster, Seconded by Crawford
Be it resolved that the correspondence from Glenn Currie, Currie's Heavy Towing, re:
Letter of Appreciation to Station 6 Firefighters (Moonstone) be received; And That the
Oro - Medonte Station 6 Firefighters (Moonstone) be recognized for their service under
the Mayor's signature.
Carried
Moved by Coutanche, Seconded by Meyer
fiW
Be it resolved that the correspondence dated August 11, 2011 from Ken Ewens, re:
Letter of Appreciation to Station 4 Firefighters (Rugby) be received; And That the Oro -
Medonte Station 4 Firefighters (Rugby) be recognized for their service under the
Mayor's signature.
Carried.
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6a) - Minutes of Council meeting held on August 17, 2011.
Council Meeting Minutes — August 17, 2011.
8. PUBLIC MEETINGS:
a) Proposed Amendment to the Zoning By -law, Application 2011 - ZBA -12, Plan 51R-37934,
Parts 1, 2, 3, 7, 8, 9, 12, and 13, located on the north and south sides of Ingram Road in
between Line 3 North and Line 4 North in the Township of Oro - Medonte (Township of
Oro - Medonte).
Deputy Mayor Hough called the meeting to order at 11:30 a.m. and explained the public
meeting has been called under the authority of the Planning Act, Section 34, R.S.O.
1990 c. P.13, to obtain public comment with respect to a proposed Amendment to the
Zoning By -law 97 -95, Application 2011 - ZBA -12 (Township of Oro - Medonte), Plan 51R-
37934, Parts 1, 2, 3, 7, 8, 9, 12, and 13, located on the north and south sides of Ingram
Road in between Line 3 North and Line 4 North in the Township of Oro - Medonte
(Township of Oro - Medonte).
Notice of the Public Meeting was mailed to landowners within 120m (400 feet) of the
specified site on July 28, 2011 and signs posted on the subject property on the same
day.
The following correspondence was receivedµ at the meeting: None.
Alan Wiebe, Planner, explained the purpose and effect of the proposed Amendment. A
Power Point presentation was presented.
The following public persons offered verbal comments with respect to the proposed
Amendments: None.
Deputy Mayor Hough advised that written submissions will be received at the Township
office until August 29, 2011 and that no additional deputations to Council will be
permitted with respect to the proposed amendment.
A digital recording of the meeting is available for review at the Township Administration
Centre, 148 Line 7 South.
There being no further comments or questions, the meeting adjourned at 11:40 a.m.
"NO
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6a) - Minutes of Council meeting held on August 17, 2011.
Council Meeting Minutes — August 17, 2011.
9. DEPUTATIONS:
a) Andrea Walli, re: Dog Kennel Application.
Motion No. C110817 -31
Moved by Crawford, Seconded by Lancaster
Motion No. C110817 -32
Moved by Crawford, Seconded by Lancaster
N4;
Carried.
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6a) - Minutes of Council meeting held on August 17, 2011.
Council Meeting Minutes — August 17, 2011.
b) Heather Mack and Dara Carpenter, Intact Insurance, on behalf of The Insurance Bureau
of Canada, re: By -Law No. 2011 -093, "Towing By- Law ".
Motion No. C110817 -33
Moved by Coutanche, Seconded by Meyer
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6a) - Minutes of Council meeting held on August 17, 2011.
Council Meeting Minutes — August 17, 2011.
c) Report No. F12011 -18, Paul Gravelle, Director of Finance /Treasurer /Deputy CAO, re:
Audit Services.
Motion No. C110817 -36
Moved by Crawford, Seconded by Lancaster
Be it resolved
1. That Report F12011 -18, Paul Gravelle, Director of Finance /Treasurer /Deputy CAO,
re: Audit Services be received and adopted.
2. That Gaviller & Company be appointed the municipality's auditors for the fiscal years
2011, 2012, 2013 and 2014.
3. And that the Clerk bring forward the appropriate by -law for Council's consideration.
Carried.
d) Report No. F12011 -19, Paul Gravelle, Director of Finance /Treasurer /Deputy CAO, re:
Statement of Accounts — July 31, 201
Motion No. C110817 -37
Moved by Coutanche, Seconded by Meye
Be it resolved
1. That Report No. F12011 -19 be recejiveu.
2. The accounts for the month of July 2011
totalling $ 1,697,486.37 are received.
Carried.
e) Report No. CS12011 -04, Donna Hewitt, Director of Corporate and Strategic Initiatives, re:
Ontario's Lake Country (OLC).
Motion No. C110817 -38'
Moved by Crawford, Secori` ed by Lancaster
Be it resolved
1. That Report No. CSI 2011 -04, Donna Hewitt, Director of Corporate and Strategic
Initiatives, re: Ontario's Lake Country (OLC) be received and adopted.
2. That staff be authorized to release the Township of Oro - Medonte's contribution of
$15,000 to Ontario's Lake Country as approved in the 2011 Budget.
3. And That John Hammill, President, Ontario's Lake Country be notified of Council's
decision under the Director of Corporate and Strategic Initiatives' signature.
Carried.
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6a) - Minutes of Council meeting held on August 17, 2011.
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6a) - Minutes of Council meeting held on August 17, 2011.
Council Meeting Minutes — August 17, 2011.
Motion No. C110817 -40
Moved by Coutanche, Seconded by Meyer
Be it resolved that the Council meeting of August 17, 2011 be recessed at 3:45 p.m.
and reconvened at 7:30 a.m. on August 18, 2011 to consider the following Items:
10g) Report No. CS2011 -19, Doug Irwin, Director of Corporate Services, re: Livestock
Damage Program — Significant Changes Effective July 1, 2011 [refer to Items
15h), i), j)].
10h) Report No. CS2011 -20, Doug Irwin, Director of Corporate Services /Clerk, re:
Request to Delegate Authority to Clerk to Grant Temporary Parking Exemptions
in No Parking Zones.
10q) Report No. TES2011 -09, Jerry Ball, Director of Transportation and Environmental
Services, re: Water Service Connection Agreement for Lot 3 (8 Algonquin Trail) -
Jeffrey and Erin Jackson [refer to Item 151)].
10r) Memorandum dated August 3, 2011 from Jerry Ball, Director of Transportation
and Environmental Services, re: New Lot at the African Church.
10s) Report No. RC2011 -14, Shawn Binns, Director of Recreation and Community
Services, re: Unity United Church Subsidy Request.
10t) Report No. RC2011 -15, Shawn Binns, Director of Recreation and Community
Services, re: Administration Office Landscaping.
10u) Report No. RC2011 -16, Shawn Binns, Director of Recreation and Community
Services, re: Recreation Program Update.
10v) Report No. RC2011 -17, Shawn Binns, Director of Recreation and Community
Services, re: Administration Office HVAC Retrofit.
10w) Memorandum correspondence dated August 17, 2011 from Shawn Binns,
Director of Recreation and Community Services, re: 50 Fairway Court.
10x) Hugh Murray, Deputy Fire Chief, re: Fire & Emergency Services Operations
Update.
11 b) Councillor Lancaster, re: Request for Road Closure - Shanty Bay Festival -
September 10, 2011.
11c) Mayor H.S. Hughes, re: correspondence dated August 7, 2011 from Bob Lowe,
re: Driveway Concerns.
12a) Announcements of Interest to the Public - None.
12b) Barrie Public Library, Minutes of Meeting held on May 24, 2011.
12c) Nottawasaga Valley Conservation Authority, Minutes of Meeting held on June 17,
2011 and Highlights of July 22, 2011.
12d) Lake Simcoe Region Conservation Authority, Minutes of Meeting held on June
24, 2011 and Highlights of July 22, 2011.
12e) Correspondence dated June 29, 2011 from Kathy Crowhurst, Lupus Foundation
of Ontario, re: Proclamation Request, October as Lupus Awareness Month.
12f) Correspondence dated June 21, 2011 from Twyla Nicholson, Clerk, Town of
Wasaga Beach, re: Resolution - Declaration of Voting Day as Professional
Activity Day.
12g) Correspondence dated July 15, 2011 from Brenda Clark, Clerk, County of
Simcoe, re: Green Energy Act.
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6a) - Minutes of Council meeting held on August 17, 2011.
Council Meeting Minutes — August 17, 2011.
12h) Correspondence dated July 21, 2011 from Tony Katarynych, Chair, Orillia & Area
Physician Recruitment & Retention Committee re: Financial, Activity and
Recruitment Overview Report.
12i) Correspondence dated July 22, 2011 from Mike Williams, Crime Stoppers, re:
Update on Crime Stoppers Activities.
12j) Correspondence dated July 25, 2011 from Wayne Wilson, CEO /Secretary-
Treasurer and Brian Smith, Water Resource Engineer, Nottawasaga Valley
Conservation Authority re: NVCA Water Response Team.
12k) Correspondence dated August 5, 2011 from John Coleman, Chief Federal
Negotiator, Indian and Norther Affairs, re: Proposed Settlement Agreement for
the Coldwater Narrows Specific Claim.
13a) Correspondence dated July 20, 2011 from Sue Bragg, Gaviller & Company LLP
re: 2010 Year End Audit.
13b) Correspondence dated July 21, 2011 from Brenda Clark, Clerk, County of
Simcoe re: County Waste Diversion Program be received.
13c) Correspondence dated August 2, 2011 from Lisa Groves, Burl's Creek Family
Event Park, re: Barrie Automotive Flea Market, September 8 -11, 2011, Request
to Designate Event as "Municipally Significant ".
13d) Correspondence received August 8, 2011 from Residents of Mill Pond Side
Road, re: Petition for Speed Reduction - Mill Pond Side Road.
13e) Correspondence received July 28, 2011 from Jerry Noble, Steve's Towing, re:
Collision Tow Rates.
13f) Correspondence dated August 10, 2011 from Wayne (Sampson) Whitechurch,
Whitechurch Towing, re: Collision Tow Rates.
15a) By -Law No. 2011 -126: A By -law to Repeal By -law No. 2011 -120, A By -law to
Appoint a Chief Municipal Law Enforcement Officer And By -law No. 2011 -121, A
By -law to Amend By -law No. 2011 -063, Being a By -law to Appoint Municipal Law
Enforcement Officers /Provincial Offences Officers.
15b) By -Law No. 2011 -127: A By -law to Amend Schedule "A" of By -law No. 2004 -119,
A By -law to Prohibit the Use of Motorized Vehicles on Highways within the
Township of Oro - Medonte.
15c) By -Law No. 2011 -128: A By -Law to Amend By -Law No. 2011 -092, "A By -law to
authorize certain capital works of The Corporation of the Township of Oro -
Medonte (The Municipality); to authorize the submission of an application to the
Ontario Infrastructure Projects Corporation (OIPC) for financing such capital
works; to authorize temporary borrowing from OIPC to meet expenditures in
connection with such works; and to authorize long term borrowing from OIPC for
such works through the issue of debentures ".
15d) By -Law No. 2011 -129: A By -law to Authorize the Execution of a Lease
Agreement Between The Corporation of the Township of Oro - Medonte and the
Huronia Nurse Practitioner— Led Clinic From September 1, 2011 to August 31,
2014.
15e) By -Law No. 2011 -130: A By -law to Appoint a Chief Municipal Law Enforcement
Officer.
15f) By -Law No. 2011 -131: A By -law to Amend By -law No. 2011 -063, Being a By -law
to Appoint Municipal Law Enforcement Officers /Provincial Offences Officers.
Page 22 of 41
Page 26 of 189
6a) - Minutes of Council meeting held on August 17, 2011.
Council Meeting Minutes — August 17, 2011.
.._
Present: Mayor H.S. Hughes
Staff Present: Robin Dunn, Chief Administrative Officer; Paul Gravelle, Director of
Finance /Treasurer /Deputy CAO; Doug Irwin, Director of Corporate
Services /Clerk; Jerry Ball, Director of Transportation and
Environmental Services; Shawn Binns, Director of Recreation and
Community Services; Marie Brissette, Committee Coordinator.
Also Present: None.
Page 23 of 41
Page 27 of 189
6a) - Minutes of Council meeting held on August 17, 2011.
Council Meeting Minutes — August 17, 2011.
g) Report No. CS2011 -19, Doug Irwin, Director of Corporate Services, re: Livestock
Damage Program — Significant Changes Effective July 1, 2011 [refer to Items 15h), i), j)].
Motion No. C110817 -41
Moved by Crawford, Seconded by Evans
Be it resolved that Report No. CS 2011 -19, Doug Irwin, Director of Corporate
Services /Clerk, re: Livestock Damage Program — Significant Changes Effective July 1,
2011 be received for information only.
Carried.
h)
Report No. CS2011 -20, Doug Irwin, Director of Corporate Services /Clerk, re: Request to
Delegate Authority to Clerk to Grant Temporary Parking Exemptions in No Parking
Zones. ' ' A
Carried.
Page 24 of 41
Page 28 of 189
6a) - Minutes of Council meeting held on August 17, 2011.
Council Meeting Minutes — August 17, 2011.
i) Report No. DS201 1 -27, Andria Leigh, Director of Development Services, re: John Duddy,
3886 Line 11 North, Concession 11 East Part of Lot 4 (Medonte) [deferred from July 13,
2011 meeting].
This item was deferred to the September 7, 2011 Council meeting.
Page 25 of 41
Page 29 of 189
6a) - Minutes of Council meeting held on August 17, 2011.
Council consented to allow Angela Rudy, Rudy and Associates, to make comments
Motion No. C110817 -46
Moved by Coutanche, Seconded by Meyer,.,
Page 26 of 41
Page 30 of 189
6a) - Minutes of Council meeting held on August 17, 2011.
Page 31 of 189
6a) - Minutes of Council meeting held on August 17, 2011.
Council Meeting Minutes — August 17, 2011.
p) Report No. DS2011 -32, Glenn White, Manager of Planning, re: Zoning By -law
Amendment 2011 - ZBA -05 Barry Leigh Part West 1/2 Lot 24 Concession 7 ORO; Part
Lot 25 Concession 7 ORO AS IN R0662159, EXCEPT Part 1, 51R6080; ORO-
MEDONTE & EXCEPT PART 1, 51 R37419, SAVE AND EXCEPT PARTS 1 & 2, 51 R-
37365 North Side of Ridge Road West.
Andria Leigh, Director of Development Services, left the Chambers during consideration
of this item.
Motion No. C110817 -48
Moved by Meyer, Seconded by Coutanche
Be it resolved
1. That Report DS2011 -032, Glenn White, Manager of Planning, re: Zoning By -law
Amendment Application 2011 - ZBA -05 for Barry Leigh, Part West 1/2 Lot 24
Concession 7 ORO; Part Lot 25, Concession 7 ORO AS IN R0662159, Except Part
1, 51 R6080; Oro - Medonte & Except Part 1, 51 R37419, Save and Except Parts 1 &
2, 51 R -37365 North Side of Ridge Road West (Oro), be received and adopted.
2. That Zoning By -law Amendment Application 2011 - ZBA -05 to amend the zoning of
Part West 1/2 Lot 24 Concession 7 ORO; Part Lot 25 Concession 7 ORO AS IN
R0662159, Except Part 1, 51 R6080; Oro - Medonte & Except Part 1, 51 R37419, Save
and Except Parts 1 & 2, 51 R- 37365, North Side of Ridge Road West (Oro) from
Agricultural /Rural Exception 201 (A /RU *201) Zone to Agricultural /Rural Exception
(ARU *) Zone, be denied.
3. And That the applicant be advised under the Manager of Planning's signature.
Defeated.
Recorded Vote Reauested by Deputy Mayor Houah
Deputy Mayor Hough
Yea'
Councillor Coutanche
Nay
Councillor Crawford
Nay
Councillor Evans
Nay
Councillor Lancaster
Yea
Councillor Meyer
IN
Yea'
Mayor H.S. Hughes
Nay
Page 28 of 41
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6a) - Minutes of Council meeting held on August 17, 2011.
Council Meeting Minutes — August 17, 2011.
Motion No. C110817 -49
Moved by Crawford, Seconded by Evans
Council recessed at 12:53 p.m. and resumed at 1:20 p.m.
IM
Page 29 of 41
Page 33 of 189
6a) - Minutes of Council meeting held on August 17, 2011.
Page 34 of 189
6a) - Minutes of Council meeting held on August 17, 2011.
Council Meeting Minutes — August 17, 2011.
s) Report No. RC2011 -14, Shawn Binns, Director of Recreation and Community Services,
re: Unity United Church Subsidy Request.
Motion No. C110817 -52
Moved by Lancaster, Seconded by Evans
u) Report No. RC2011 -16, Shawn Binns, Director of Recreation and Community Services,
re: Recreation Program Update.
Motion No. C11081 T=5
Moved by Evans, Seconded by Lancaster
Be it resolved
1. That Report No. RC2011 -16, Shawn Binns, Director of Recreation and Community
Services, re: Recreation Program Update be received.
2. And That the expense of $5,750 for on -line registration software be referred to the
2012 Budget Deliberations.
Carried.
Page 31 of 41
Page 35 of 189
6a) - Minutes of Council meeting held on August 17, 2011.
Council Meeting Minutes — August 17, 2011.
v) Report No. RC2011 -17, Shawn Binns, Director of Recreation and Community Services,
re: Administration Office HVAC Retrofit.
Motion No. C110817 -55
Moved by Coutanche, Seconded by Meyer
Be it resolved
1. That Report No. RC2011 -17, Shawn Binns, Director of Recreation and Community
Services, re: Administration Office HVAC Retrofit be received and adopted.
2. That the funding requirement of $13,025 to complete the detailed HVAC system
design be approved and financed through the budget stabilization reserve fund.
3. And That staff issue the project for tender and report back with tender pricing for
consideration in the 2012 Capital Budget.
Carried.
Be it resolved that the verbal information presented by Robin Dunn, CAO, re: Fire and
Emergency Services Operations Update be received.
Carried.
Page 32 of 41
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6a) - Minutes of Council meeting held on August 17, 2011.
Council Meeting Minutes — August 17, 2011.
11. REPORTS OF MEMBERS OF COUNCIL:
a) Mayor H.S. Hughes, re: Council Feedback from Colleagues Form [to be distributed at
meeting].
This item was withdrawn.
b) Councillor Lancaster, re: Request for Road Closure - Shanty Bay Festival - September
10, 2011.
Be it resolved that the information presented by Mayor H.S. Hughes, re:
correspondence dated August 7, 2011 from Bob Lowe, re: Driveway Concerns be
received; And That a response be forwarded to the applicant under the Director of
Transportation and Environmental Services' signature.
Carried.
Page 33 of 41
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6a) - Minutes of Council meeting held on August 17, 2011.
Council Meeting Minutes — August 17, 2011.
12. CONSENT AGENDA:
a) Announcements of Interest to the Public - None.
b) Barrie Public Library, Minutes of Meeting held on May 24, 2011.
Staff Recommendation: Receive.
c) Nottawasaga Valley Conservation Authority, Minutes of Meeting held on June 17, 2011
and Highlights of July 22, 2011.
Staff Recommendation: Receive.
i) Correspondence dated July 22, 2011 from Mike Williams, Crime Stoppers, re: Update on
Crime Stoppers Activities.
Staff Recommendation: Receive.
j) Correspondence dated July 25, 2011 from Wayne Wilson, CEO /Secretary- Treasurer and
Brian Smith, Water Resource Engineer, Nottawasaga Valley Conservation Authority re:
NVCA Water Response Team.
Staff Recommendation: Receive.
k) Correspondence dated August 5, 2011 from John Coleman, Chief Federal Negotiator,
Indian and Norther Affairs, re: Proposed Settlement Agreement for the Coldwater
Narrows Specific Claim.
Staff Recommendation: Receive.
Page 34 of 41
Page 38 of 189
6a) - Minutes of Council meeting held on August 17, 2011.
Council Meeting Minutes — August 17, 2011.
Motion No. C110817 -60
Moved by Coutanche, 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) Barrie Public Library, Minutes of Meeting held on May 24, 2011. Received.
c) Nottawasaga Valley Conservation Authority, Minutes of Meeting held on June 17,
2011 and Highlights of July 22, 2011. Received.
d) Lake Simcoe Region Conservation Authority, Minutes of Meeting held on June 24,
2011 and Highlights of July 22, 2011. Received.
e) Correspondence dated June 29, 2011 from Kathy Crowhurst, Lupus Foundation of
Ontario, re: Proclamation Request, October as Lupus Awareness Month. Received,
Proclaimed and Post on Website.
f) Correspondence dated June 21, 2011 from Twyla Nicholson, Clerk, Town of
Wasaga Beach, re: Resolution - Declaration of Voting Day as Professional Activity
Day. Received.
g) Correspondence dated July 15, 2011 from Brenda Clark, Clerk, County of Simcoe,
re: Green Energy Act. Received.
h) Correspondence dated July 21, 2011 from Tony Katarynych, Chair, Orillia & Area
Physician Recruitment & Retention Committee re: Financial, Activity and
Recruitment Overview Report. Received.
i) Correspondence dated July 22, 2011 from Mike Williams, Crime Stoppers, re:
Update on Crime Stoppers Activities. Received.
j) Correspondence dated July 25, 2011 from Wayne Wilson, CEO /Secretary- Treasurer
and Brian Smith, Water Resource Engineer, Nottawasaga Valley Conservation
Authority re: NVCA Water Response Team. Received.
k) Correspondence dated August 5, 2011 from John Coleman, Chief Federal
Negotiator, Indian and Norther Affairs, re: Proposed Settlement Agreement for the
Coldwater Narrows Specific Claim. Received.
Carried.
13. COMMUNICATIONS:
a) Correspondence dated July 20, 2011 from Sue Bragg, Gaviller & Company LLP re: 2010
Year End Audit.
Motion No. C110817 -61
Moved by Lancaster, Seconded by Evans
Be it resolved that the correspondence dated July 20, 2011 from Sue Bragg, Gaviller &
Company LLP re: 2010 Year End Audit be received.
Carried.
Page 35 of 41
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6a) - Minutes of Council meeting held on August 17, 2011.
Council Meeting Minutes — August 17, 2011.
b) Correspondence dated July 21, 2011 from Brenda Clark, Clerk, County of Simcoe re:
County Waste Diversion Program.
Motion No. C110817 -62
Moved by Coutanche, Seconded by Meyer
Be it resolved that the correspondence dated July 21, 2011 from Brenda Clark, Clerk,
County of Simcoe re: County Waste Diversion Program be received.
Carried.
d) Correspondence received August 8, 2011 from Residents of Mill Pond Side Road, re:
Petition for Speed Reduction - Mill Pond Side Road.
Motion No. C110817 -64
Moved by Meyer, Seconded by Coutanche
Be it resolved that the correspondence received August 8, 2011 from Residents of Mill
Pond Side Road, re: Petition for Speed Reduction - Mill Pond Side Road be received
and referred to the Director of Transportation and Environmental Services for a report.
Carried.
Page 36 of 41
Page 40 of 189
6a) - Minutes of Council meeting held on August 17, 2011.
Council Meeting Minutes — August 17, 2011.
e) Correspondence received July 28, 2011 from Jerry Noble, Steve's Towing, re: Collision
Tow Rates.
Motion No. C110817 -65
Moved by Crawford, Seconded by Lancaster
Be it resolved that the correspondence received July 28, 2011 from Jerry Noble, Steve's
Towing, re: Collision Tow Rates be received.
Carried.
14. NOTICE OF MOTIONS:
V*44 k 1,
Carried.
A By -law to Repeal By -law No. 2011 -120, A By -law to Appoint
a Chief Municipal Law Enforcement Officer And By -law No.
2011 -121, A By -law to Amend By -law No. 2011 -063, Being a
By -law to Appoint Municipal Law Enforcement
Officers /Provincial Offences Officers.
b) By -Law No. 2011 -127 A By -law to Amend Schedule "A" of By -law No. 2004 -119, A
By -law to Prohibit the Use of Motorized Vehicles on Highways
within the Township of Oro - Medonte.
c) By -Law No. 2011 -128 A By -Law to Amend By -Law No. 2011 -092, "A By -law to
authorize certain capital works of The Corporation of the
Township of Oro - Medonte (The Municipality); to authorize the
submission of an application to the Ontario Infrastructure
Projects Corporation (OIPC) for financing such capital works;
to authorize temporary borrowing from OIPC to meet
expenditures in connection with such works; and to authorize
long term borrowing from OIPC for such works through the
issue of debentures ".
Page 37 of 41
Page 41 of 189
6a) - Minutes of Council meeting held on August 17, 2011.
Council Meeting Minutes — August 17, 2011.
d) By -Law No. 2011 -129 A By -law to Authorize the Execution of a Lease Agreement
Between The Corporation of the Township of Oro - Medonte and
the Huronia Nurse Practitioner— Led Clinic From September 1,
2011 to August 31, 2014.
e) By -Law No. 2011 -130 A By -law to Appoint a Chief Municipal Law Enforcement
Officer.
f) By -Law No. 2011 -131 A By -law to Amend By -law No. 2011 -063, Being a By -law to
Appoint Municipal Law Enforcement Officers /Provincial
Offences Officers.
g) By -Law No. 2011 -132 A By -law to Appoint Municipal Weed Inspectors And to Repeal
By -law No. 2011 -036.
h) By -Law No. 2011 -133 A By -law to Appoint Valuers and to Repeal By -Law No. 2010-
079.
j) By -Law No.
2011 -135
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).
k) By -Law No.
2011 -136
Being a By -law to amend By -law 97 -95 to add "Medical Clinic"
as an additional use in Table A2 — Commercial Zones in the
"General Commercial" Zone.
1) By -Law No. 2011 -137 A By -law to Enter into a Water Service Connection Agreement
between The Corporation of the Township of Oro - Medonte and
Jeffrey Jackson and Erin Jackson Being all of PIN 74057 -0569
(Lt) Roll # 4346- 010 - 003 - 14800 -0000 (Lot 3) 8 Algonquin Trail.
Page 38 of 41
Page 42 of 189
6a) - Minutes of Council meeting held on August 17, 2011.
Council Meeting Minutes — August 17, 2011.
Motion No. C110817 -67
Moved by Crawford, Seconded by Lancaster
Be it resolved that the following by -laws:
a) By -Law No. 2011 -126: A By -law to Repeal By -law No. 2011 -120, A By -law to Appoint a
Chief Municipal Law Enforcement Officer And By -law No. 2011 -121, A By -law to Amend
By -law No. 2011 -063, Being a By -law to Appoint Municipal Law Enforcement
Officers /Provincial Offences Officers.
b) By -Law No. 2011 -127: A By -law to Amend Schedule "A" of By -law No. 2004 -119, A By-
law to Prohibit the Use of Motorized Vehicles on Highways within the Township of Oro -
Medonte.
c) By -Law No. 2011 -128: A By -Law to Amend By -Law No. 2011 -092, "A By -law to
authorize certain capital works of The Corporation of the Township of Oro - Medonte (The
Municipality); to authorize the submission of an application to the Ontario Infrastructure
Projects Corporation (OIPC) for financing such capital works; to authorize temporary
borrowing from OIPC to meet expenditures in connection with such works; and to
authorize long term borrowing from OIPC for such works through the issue of
debentures ".
d) By -Law No. 2011 -129: A By -law to Authorize the Execution of a Lease Agreement
Between The Corporation of the Township of Oro - Medonte and the Huronia Nurse
Practitioner — Led Clinic From September 1, 2011 to August 31, 2014.
e) By -Law No. 2011 -130: A By -law to Appoint a Chief Municipal Law Enforcement Officer.
f) By -Law No. 2011 -131: A By -law to Amend By -law No. 2011 -063, Being a By -law to
Appoint Municipal Law Enforcement Officers /Provincial Offences Officers.
g) By -Law No. 2011 -132: A By -law to Appoint Municipal Weed Inspectors And to Repeal
By -law No. 2011 -036.
h) By -Law No. 2011 -133: A By -law to Appoint Valuers and to Repeal By -Law No. 2010-
079.
i) By -Law No. 2011 -134: A By -law to Repeal By -Law No. 99 -131, "Being a By -Law to
Establish User Fees for Livestock Claims in the Township of Oro - Medonte "; By -Law No.
2002 -073, "Being a By -Law to Amend By -Law No. 99 -131, Being a By -Law to Establish
User Fees for Livestock Claims in the Township of Oro - Medonte "; and By -Law No.
2005 -047, "Being a By -Law to Amend By -law No. 1999 -131, A By -law to Establish User
Fees for Livestock Claims in the Township of Oro - Medonte ".
j) By -Law No. 2011 -135: 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).
k) By -Law No. 2011 -136: Being a By -law to amend By -law 97 -95 to add "Medical Clinic" as
an additional use in Table A2 — Commercial Zones in the "General Commercial" Zone.
I) By -Law No. 2011 -137: A By -law to Enter into a Water Service Connection Agreement
between The Corporation of the Township of Oro - Medonte and Jeffrey Jackson and Erin
Jackson Being all of PIN 74057 -0569 (Lt) Roll # 4346- 010 - 003 - 14800 -0000 (Lot 3) 8
Algonquin Trail.
be read a first, second and third time, passed, be engrossed by the Clerk, signed and
sealed by the Mayor.
Carried.
Page 39 of 41
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6a) - Minutes of Council meeting held on August 17, 2011.
Council Meeting Minutes — August 17, 2011.
16. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM:
17. CLOSED SESSION ITEMS (UNFINISHED ITEMS):
a) Motion to go In Closed Session.
Motion No. C110817 -68
Moved by Coutanche, Seconded by Meyer
Be it resolved that we do now go in Closed Session 1:2
• acquisition /disposition of land;
• personal matter affecting an identifiable individual;
• litigation affecting the municipality;
• solicitor - client privilege.
b) Motion to Rise and Report.
Motion No. C110817 -69
■
Moved by Lancaster, Seconded by C
to discuss
Carried.
Be it resolved that we do now Rise at 2:52 p.m. and Report on the Closed Session Items 4
h) Andria Leigh, Director of Development Services, re: Litigation affecting the municipality
(Zoning Infraction).
i) Jerry Ball, Director of Transportation and Environmental Services, re:
Acquisition /disposition of land (Old Barrie Road).
j) Jerry Ball, Director of Transportation and Environmental Services, re: Potential litigation
affecting the municipality (Driveway Repairs).
k) Doug Irwin, Director of Corporate Services /Clerk re: Acquisition /disposition of land
(Shanty Bay Boathouse).
1) Doug Irwin, Director of Corporate Services, re: Acquisition /disposition of lands (Ingram
Road Lands).
m) Doug Irwin, Director of Corporate Services, re: Acquisition /disposition of land (Guthrie
Lands).
n) Doug Irwin, Director of Corporate Services, re: Acquisition /disposition of land (Line 4
Water Supply).
o) Doug Irwin, Director of Corporate Services, re: Acquisition /disposition of land (Unopened
Section of Bay Street).
q) Doug Irwin, Director of Corporate Services /Clerk, re: Solicitor - client privilege (Lakeshore
Promenade Encroachments).
r) Doug Irwin, Director of Corporate Services /Clerk, re: Acquisition /disposition of land (Line
11 North & 15/16 Sideroad — Part 3, Plan 51 R- 36354).
Refer to Items 4h), 4i), 4j), 4k), 41), 4m), 4n), 40), 4q) and 4r).
Carried.
Page 40 of 41
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6a) - Minutes of Council meeting held on August 17, 2011.
Council Meeting Minutes — August 17, 2011.
%CONFIRMATION BY -LAW:
a) By -law No. 2011 -124 Being a By -Law to Confirm the Proceedings of the Council
Meeting Held on August 17 and 18, 2011.
Motion No. C110817 -70
Moved by Coutanche, Seconded by Meyer
Be it resolved that By -Law No. 2011 -124, being a by -law to confirm the proceedings of
the Council meeting held on August 17 and 18, 2011 be read a first, second and third
time, passed, be engrossed by the Clerk, signed and sealed by the Mayor.
Carried.
19.ADJOURNMENT:
Motion to Adjourn.
Motion No. C110817 -71
Moved by Lancaster, Seconded by Crawford
Be it resolved that we do now adjourn at 9:35 a.m.
Mayor, H.S. Hughes
Douglas Irwin
Carried.
Page 41 of 41
Page 45 of 189
6b) - Minutes of Committee of Adjustment meeting held on Aug...
Psi
TouauJiip o�
Proud Heritage, Exrifing Future
Thursday, July 21, 2011
Present:
Staff present
Larry Tupling, Chair
Bruce Chappell
Scott Macpherson
THE TOWNSHIP OF ORO- MEDONTE
COMMITTEE OF ADJUSTMENT
MEETING MINUTES
Council Chambers
Allan Johnson
Roy Hastings
10:02 a.m.
Steven Farquharson, Secretary Treasurer /Intermediate Planner
Marie Brissette, Deputy Secretary Treasurer /Committee Coordinator
1. OPENING OF MEETING:
Larry Tupling assumed the Chair and called the meeting to order.
2. ADOPTION OF THE AGENDA:
a) Motion to Adopt the Agenda.
Moved by Macpherson, Seconded by Hastings
It is recommended that the agnaa for the Committee of Adjustment meeting of Thursday,
July 21; 2011 be received and adopted.
Carried.
3. DISCLOSURE OF PECUNIARY INTEREST:
None declared.
4. ADOPTION OF MINUTES:-
a) Minutes of Committee of Adjustment meeting held on Thursday, June 16, 2011.
Motion No. CA110721 -2
Moved by Chappell, Seconded by Johnson
It is recommended that the minutes of the Committee of Adjustment meeting of Thursday,
June 16, 2011 be adopted as printed and circulated.
Carried.
Page 1 of 9
Page 46 of 189
6b) - Minutes of Committee of Adjustment meeting held on Aug...
Committee of Adjustment Minutes —August 18, 2011
5. PUBLIC MEETINGS:
a) 2011 -A -11 (Revised) -Todd and Natalie Hiles
25 Alpine Drive, Plan M -29, Lot 105
Relief from Condition 4(a) of the Committee of Adjustment Motion No. CA110519 -9 (May
19, 2011 meeting), which limited the first story floor area to 90.6 square metres.
Dave Carruthers, builder, present on behalf of the applicants
Motion No. CA0110818 -3
Moved by Macpherson, Seconded by Hastings
It is recommended that the Committee of Adjustment approves Variance Application 2011 -
A -11 Revised, specifically, being to amend Condition 4(a) on the Committee of Adjustments
decision on May 19, 2011 meeting, to increase the first story floor area to 97.3 square
metres (including covered porch), subject to the following conditions:
1. That notwithstanding Condition 4(a) of the Committee of Adjustment Notice of Decision
dated May 16, 2011, that the proposed detached accessory building, comply with all
other conditions Committee's decision
2. That the setbacks be in conformity with the dimensions as set out in the application and
on the sketch submitted with the application and approved by the Committee;
3. That an Ontario Land Surveyor provide verification to the Township of compliance with
the Committee's decision by verifying in writing that:
a. The ground floor area (including covered porch) of the detached accessory building not
exceed approximately 97.3 square metres;
4. And That the appropriate zoning certificate and building permit be obtained from the
Township only after the Committee's decision becomes final and binding, as provided for
within the Planning Act R.S.O. 1990, c.P. 13.
Carried.
b) 2011 -A -16 (Revised) - Doug Austgarden and Michelle Cellucci
191 Lakeshore Road West, Plan 807, Lot 27 (Former Township of Oro)
Relief from non - complying buildings /structures: does not in any other way increase a
situation of non - compliance (height of boathouse) and maximum total area of deck and
boathouse.
Ron Clark, contractor, Adrian Cammaert, Planner, were present on behalf of the applicants.
Motion No. CA110818 -4
Moved by Chappell, Seconded by Macpherson
It is recommended that the Committee of Adjustment defers Variance Application 2011 -A -16
Revised.
Carried.
Page 2 of 7
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6b) - Minutes of Committee of Adjustment meeting held on Aug...
Committee of Adjustment Minutes —August 18, 2011
c) 2011 -A -23 - Mullabrack Inc.
1811 Ridge Road West, Concession 3, East Part Lot 28
Relief from minimum required interior side yard setback.
Ted Handy, architect, was present on behalf of the applicant
Motion No. CA110818 -5
Moved by Hastings, Seconded by Macpherson
It is recommended that the Committee of Adjustment approves Variance Application 2011 -
A-23, specifically, to permit the construction of an addition to the existing dwelling on the
subject property, located as near as 2.00 metres from the interior side lot line to the west,
subject to the following conditions:
1. That, notwithstanding Table B1, and Sections 5.16.1 b) and c) of Zoning By -law 97 -95,
the single detached dwelling on the subject property shall comply with all other
applicable provisions of Zoning By -law 97 -95;
2. That an Ontario Land Surveyor provide verification to the Township of compliance with
the Committee's decision by verifying in writing prior to pouring of the foundation by way
of survey /real property report, that:
a. the exterior face of the exterior wall of the proposed addition to the existing dwelling be
no closer than approximately 2.0 metres from the interior side lot line to the west; and
b. pursuant to Section 5.9.1 of Zoning By -law 97 -95, any stairs and landing used to access
the dwelling not encroach into the minimum required 2.0 metre interior side yard to the
west by any more than 1.0 metre.
3. That the setbacks be in conformity with the dimensions a s set out on the application and
sketches submitted and approved by the Committee;
4. That the situation of encroachment of the existing deck beyond the interior side lot line to
the west of the subject property be eliminated;
5. That the applicant obtain any permits and /or approvals, if required, from Lake Simcoe
Region Conservation Authority; and
6. And That the appropriate zoning certificate and building permit be obtained from the
Township only after the Committee's decision becomes final and binding, as provided for
within the Planning Act R.S.O. 1990, c.P. 13.
1W Carried.
Page 3 of 7
Page 48 of 189
6b) - Minutes of Committee of Adjustment meeting held on Aug...
Page 49 of 189
6b) - Minutes of Committee of Adjustment meeting held on Aug...
Committee of Adjustment Minutes —August 18, 2011
e) 2011 -B -13, 2011 -B -14, 2011 -B -15, 2011 -B -16, 2011 -B -17, 2011 -B -18 - UCCI
Consolidated Companies
16, 18, 20, 22, 24, 26 Windfields Drive, Concession 5, Part Lot 28, Plan 51 M -187, Lots
24 -29
To realign the boundaries of the 6 contiguous lots in order to widen Lot 24, at 16
Windfields Drive in order to reflect its location in proximity to a watercourse.
Ray Duhamel, Planner, was present on behalf of the applicant.
Motion No. CA110818 -7
Moved by Chappell, Seconded by Johnson
It is recommended that the Committee of Adjustment grants provisional approval to Consent
Applications 2011 -B -13 to 2011 -B -18 inclusive, subject to the following conditions:
2.
3.
4.
5.
Page 5 of 7
Page 50 of 189
6b) - Minutes of Committee of Adjustment meeting held on Aug...
Committee of Adjustment Minutes —August 18, 2011
6. NEW BUSINESS:
a) Appeal to Ontario Municipal Board - 2011 -A -04 (Catharine Joan Bass), 2675 Lakeshore
Road East.
Motion No. CA110818 -8
Moved by Chappell, Seconded by Johnson
Steven Farquharson informed the Committee that an appeal to the Ontario Municipal Board
had been received.
Motion No. CA110818 -9
Moved by Chappell, Seconded by Johnson
It is recommended that the verbal information presented by Steven Farquharson,
Intermediate Planner, re: Appeal to the Ontario Municipal Board - 2011 -A -17 (Garry and
Marie Potter), 18 Lakeshore Road East be received.
Carried.
Page 6 of 7
Page 51 of 189
6b) - Minutes of Committee of Adjustment meeting held on Aug...
Committee of Adjustment Minutes — August 18, 2011
7. NOTICE OF MOTION:
None.
8. NEXT MEETING DATE:
Thursday, September 15, 2011 at 10:00 a.m.
Motion No. CA110818 -10
Moved by Hastings, Seconded by Macpherson
It is recommended that we do now adjourn at 12:18 p.m.
Larry Tupling, Chair
Carried.
Steven Farquharson, Secretary Treasurer
Page 7 of 7
Page 52 of 189
6c) - Minutes of Recreation Technical Support Group meeting
Psi
TouauJiip o�
Proud He =rio,r�e, f:'.ri iai�i.� V101fere
Thursday, August 25, 2011
Present: Reta Regelink
Tim Crawford
Council
Regrets
Staff
THE TOWNSHIP OF ORO- MEDONTE
RECREATION TECHNICAL
SUPPORT GROUP
MEETING MINUTES
Council Chambers
Tracey Ryn 7 -d
Nancy St,. rt
Mayor H.S. Hughes
Councillor Kelly Meyer, Chair
Councillor Marty Lancaster
Rick Madden
7:07 p.m.
Shawn Binns, Director of Recreation and Community Services
Marie Brissette, . . nittee Coordinator
Also Present: Councillor John CrL .ford, Councillor Dwight Evans, Earl Dertinger,
It is recommended that the Recreation Technical Support Group agenda for Thursday,
August 25, 2011 be received and adopted.
Carried.
2. DISCLOSURE OF PECUNIARY INTEREST
None declared.
Page 1 of 5
Page 53 of 189
6c) - Minutes of Recreation Technical Support Group meeting
Recreation Technical Support Group Minutes — Thursday, August 25, 2011
3. ADOPTION OF MINUTES OF PREVIOUS MEETING:
a) Minutes of Recreation Technical Support Group meeting held on July 28, 2011.
Motion No. RTSG110825 -2
Moved by Reynard, Seconded by Relink
It is recommended that the minutes of the Recreation Technical Support Group meeting
held on Thursday, July 28, 2011 be adopted as printed and circulated.
4. DEPUTATIONS:
None.
5. COMMUNICATIONS:
Carried.
a) Correspondence dated June 6, 2011 from Paul Weber, re: Request for Walking Path to
Line 4 Park. N& 140fth, 110k,
Motion No. RTSG110825 -3
Moved by Regelink, Seconded by C
It is recommended by the Recreation Technical Support Group
1. That the correspondence dated June 6, 2011 from Paul Weber, re: Request for
Walking Path to Line 4 Park be received.
2. That costs for a walking trail on the east side on Line 4 from Highland Drive to
Horseshoe Valley Road be investigated and brought back to the Recreation
Technical Support Group.
3. And That the Recreation Technical Support Group recommends to Council that the
merits of a three way stop to be placed at Highland Drive and Line 4 be investigated.
Carried.
Page 2 of 5
Page 54 of 189
6c) - Minutes of Recreation Technical Support Group meeting
Page 55 of 189
6c) - Minutes of Recreation Technical Support Group meeting
Recreation Technical Support Group Minutes — Thursday, August 25, 2011
d) Shawn Binns, Director of Recreation and Community Services, re: All Terrain Vehicles
on Municipal Roads.
The Group reviewed the safety and liability implications of allowing the use of all terrain
vehicles on the municipal roads and what has been successful practice in the past to
allow access to Lake Simcoe for winter recreation activities.
Motion No. RTSG110825 -6
Moved by Crawford, Seconded by Stoddart
Page 4of5
Page 56 of 189
6c) - Minutes of Recreation Technical Support Group meeting
Recreation Technical Support Group Minutes — Thursday, August 25, 2011
6. NEXT MEETING DATE
Thursday, September 29, 2011 at 7:00 p.m.
7. ADJOURNMENT
a) Motion to Adjourn
Motion No. RTSG110825 -8
Moved by Stoddart, Seconded by Crawford
It is recommended that we do now adjourn at 8:31 p.m.
Councillor Meyer, Chair
Carried.
Marie Brissette. Committee Coordinator
Page 5 of 5
Page 57 of 189
10a) - Report No. CS2011 -25, Doug Irwin, Director of Corpora...
7ounship ot�
REPORT
Proud Heritage, Exciting Facture
Report No.
To:
Prepared By:
CS2011 -25
Council
Harold Daynard,
Manager of Information
Technology
Meeting Date:
Subject:
Motion #
September 7, 2011
Ontario Geospatial Data
Exchange (OGDE) Agreement
Roll #:
R.M.S. File #:
RECOMMENDATION(S): Requires Action For Information Only
It is recommended that:
1. That Report CS2011 -25 be received and adopted.
2. That the Township of Oro - Medonte enter into a renewed Ontario Geospatial Data
Exchange Agreement with The Minister of Natural Resources to facilitate the
continued sharing of land based information.
3. And that the Clerk bring forward the appropriate by law for Council s consideration.
BACKGROUND:
The Ontario Geospatial Data Exchange (OGDE) is a community of organizations that
share and use digital geographic data about Ontario. The OGDE allows organizations to
voluntarily share data at no cost through a standard licence agreement, metadata
directory and optional LIO Warehouse.
The Township of Oro - Medonte entered into an agreement with OGDE in 2006.
This agreement has allowed the Township access to important mapping and data from
the County of Simcoe and other data sources.
ANALYSIS:
The Township's OGDE agreement has expired and needs to be renewed.
Corporate Services
Report No. CS2011 -25
September 7, 2011
Page 1 of 2
Page 58 of 189
10a) - Report No. CS2011 -25, Doug Irwin, Director of Corpora...
FINANCIAL:
No financial implications with this agreement.
POLICIES /LEGISLATION:
Not applicable.
CONSULTATIONS:
Director Corporate Services /Clerk
ATTACHMENTS:
None.
CONCLUSION:
It is recommended that the Township of Oro - Medonte enter into a renewed OGDE
agreement.
Respectfully submitted:
Harold Daynard,
Manager of Information Technology
C.A.O. Approval / Comments:
Corporate Services
Report No. CS2011 -25
September 7, 2011
Page 2 of 2
Page 59 of 189
10b) - Report No. DS2011 -027, Andria Leigh, Director of Deve...
7owresl1ip of
REPORT �&dalffwl
Proud Heritage, Exciting Future
Report No.
To:
Prepared By:
DS2011 -027
Council
Andria Leigh, Director of
(Revised)
Development Services
Meeting Date:
Subject: Proposed Zoning By-
Motion #
September 7, 2011
law Amendment Application
2011 - ZBA -06, Duddy, 3886
Line 11 North, Concession 11,
Roll #:
R.M.S. File #:
4346- 020 - 003 -15101
East Part Lot 4, RP 5188032,
D14 41714
Part 1 ( Medonte), Township of
Oro - Medonte
RECOMMENDATION(S): Requires Action For Information Only
It is recommended:
1. THAT Report DS 2011 -027, regarding Zoning By -law Amendment Application 2011 -
ZBA-06 for John Duddy, 3886 Line 11 North, Concession 11, East Part Lot 4, RP
51 R8032, be received and adopted; and
2. THAT Zoning By -law Amendment Application 2011 - ZBA -06 for John Duddy, 3886
Line 11 North, Concession 11, East Part Lot 4, RP 5188032 ( Medonte), on
Schedule A21 from Agricultural /Rural (A/RU) Zone to Agricultural /Rural Exception
(A/RU *) Zone, be approved; and
3. THAT the Clerk bring forward the appropriate By -law for Council's consideration.
BACKGROUND:
The purpose of this report is to consider a proposed amendment to the Township's
Comprehensive Zoning By -law, and to make recommendations to Council regarding the
disposition of Zoning By -law Amendment application 2011 - ZBA -06. The lands affected
are located in between Horseshoe Valley Road East and Warminster Sideroad, on the
west side of Line 11 North, municipally known as 3886 Line 11 North, as shown in
Attachment #1 to this report.
The application for an Amendment to the Township's Comprehensive Zoning By -law
2011 - ZBA -06 proposes to amend the zoning of the subject property from the
Agricultural /Rural (A/RU) Zone to an Agricultural /Rural Exception (A/RU *) Zone, to allow
the operation of a commercial vehicle inspection station on the subject property,
DEVELOPMENT SERVICES
Report No. DS2011 -027
September 7, 2011
Page 1 of 10
Page 60 of 189
10b) - Report No. DS2011 -027, Andria Leigh, Director of Deve...
proposed to be operated within an existing detached accessory building. Specifically,
the applicant has indicated their intention to inspect, and conduct any necessary repairs
to commercial vehicles, farm vehicles, farm machinery, dump vehicles, [and] trailers. A
site visit was conducted with Mr. Duddy in mid -July to review the existing detached
accessory building and discuss with Mr. Duddy the proposed clients for the commercial
vehicle inspection station. Mr. Duddy provide Township staff a list of some of his
existing clients which include several of the farms, residents, and business operators in
the surrounding community to the subject lands. The June 21, 2011 County of Simcoe
letter states they have no objection to the proposed commercial use provided it is
specifically related to the agricultural community in which it is situated. In reviewing the
proposed commercial use and the list of partial customers that would utilize the
proposed commercial vehicle inspection station it would be consistent with the County's
letter of support.
The application was circulated to internal Departments at the Township, and to external
agencies, including the Nottawasaga Valley Conservation Authority (NVCA), the Simcoe
County District School Board ( SCDSB), and the County of Simcoe. Staff with the NVCA
has indicated that they have no objection to the approval of the proposed amendment,
and staff at the SCDSB has advised of two schools who are being served by busses
travelling through the immediate area surrounding the subject property. Internal
Departments at the Township have not stated any objections with respect to the
proposed amendment.
Staff with the County of Simcoe has provided comments by letter dated June 21, 2011,
with a relevant extract contained in the County of Simcoe Official Plan subsection of the
Policies /Legislation section to this Report.
A Public Meeting, as required under Section 34(12) of the Planning Act, was held on
June 22, 2011, in order to receive comments from members of the public and relevant
agencies. During this required Public Meeting, several members of the public provided
comment to Council on the proposed amendment.
Members of the public expressed support for the proposed amendment related to:
• its opportunity to provide employment;
• its ability to serve the surrounding area; and
• the building proposed to be used for the operation maintaining a suitable buffer
between neighbouring residential uses.
Members of the public expressed concern over the proposed amendment related to:
• increase in traffic in the area;
• reduction in property values;
• effluent entering a nearby watercourse; and
• the use being inconsistent or incompatible with the surrounding area.
DEVELOPMENT SERVICES September 7, 2011
Report No. DS2011 -027 Page 2 of 10
Page 61 of 189
10b) - Report No. DS2011 -027, Andria Leigh, Director of Deve...
ANALYSIS:
The applicant proposes to operate a commercial vehicle inspection station on the
subject property, municipally known as 3886 Line 11 North. The property has
approximately 161.5 metres of frontage on Line 11 North, 125.8 metres of depth, and a
lot area of 2.04 hectares. The proposed commercial vehicle inspection station would be
regulated by the Ministry of Transportation and would require Mr. Duddy, as a licensed
mechanic, to complete some repairs to vehicle in order to provide the necessary yellow
sticker /safety for the commercial vehicle prior to the vehicle being able to be removed
from the premises.
The "Plan Site" drawing submitted by the applicant (Attachment #2 to this Report)
identifies the location of the existing building proposed to be used for the proposed
operation, as well as the locations of an existing dwelling on the lot, and the
approximate location of the beginning of a heavily vegetated area on the property.
The Application for an Amendment to the Township's Comprehensive Zoning By -law
proposes to amend the zoning of the subject property from the Agricultural /Rural (A/RU)
Zone to an Agricultural /Rural Exception (A/RU *) Zone, to permit a commercial vehicle
inspection station. The property would be subject to Site Plan Control for the
establishment of such a use, as well as for the modification to, or construction of,
buildings and structures on the lot, to ensure that proposed changes to the use of the
property can be addressed and enforced (per Section 2.3 of By -law 2009 -062, the
Township's By -law designating Site Plan Control Areas).
FINANCIAL:
Not applicable.
POLICIEWLEGISLATION:
Township of Oro - Medonte Official Plan
The subject lands are designated "Agricultural" in the Official Plan for the Township of
Oro - Medonte. Pursuant to Section C1.2 of the Official Plan, "[the] principle use of land
in [this] designation ... shall be agriculture ... [and other] permitted uses include single
detached dwellings ... home occupations, home industries ... [and] agriculturally - related
commercial uses".
Home industries are defined as: being "small -scale industrial uses that are accessory to
agricultural operations or single detached dwellings on large rural lots ... [which] should
not detract from the primary use of the property'. This Section contains further
definition of Home Industries, and states that the "repair, storage or sale of motor
vehicles is not considered to be a home industry'. As discussed with Mr. Duddy, his
proposed operation does potentially include some repair of commercial vehicles;
however this is not the primary use which is the commercial inspection station and
DEVELOPMENT SERVICES September 7, 2011
Report No. DS2011 -027 Page 3 of 10
Page 62 of 189
10b) - Report No. DS2011 -027, Andria Leigh, Director of Deve...
therefore the proposed use would not be defined as a home industry in accordance with
the Official Plan.
Section C1.3.4 of the Official Plan (Agricultural designation policies) contains the
policies related to Commercial Development Policies and states that "New agriculturally -
related commercial development may be permitted subject to an amendment to the
implementing Zoning By -law and may be subject to Site Plan Control." This is the
purpose for the submission of Mr. Duddy's zoning by -law amendment application.
The policies further state that, before considering such an amendment, Council shall be
satisfied that the proposed use:
(a) is small in scale;
(b) is required in close proximity to the farming operations in the area;
(c) is intended to serve agricultural uses;
(d) is located where it would have the least impact on existing and future
agricultural operations;
(e) cannot be sited in a nearby settlement area or rural area because it
requires a large land area and /or may be incompatible with residential
uses;
(f) can be serviced with an appropriate water supply and means of
sewage disposal;
(g) is to be accessed by municipal roads that can accommodate the
increased traffic generated by the proposed use;
(h) will not cause a traffic hazard as a result of its location on a curve or a
hill; and
(i) can be appropriately buffered from adjacent residential uses.
The policies further state that any expansions to existing commercial uses in the
Agricultural designation may be subject to Site Plan Control in order to minimize
potential impacts on adjacent uses.
Upon reviewing the above policies and criteria, through the review of the site and
discussions with Mr. Duddy regarding his operation the proposed use is intended to
serve the surrounding agricultural uses /community, is located within an existing building
that will not impact surrounding agricultural operations, has an existing access from Line
11 North, does not require water and sewage servicing, is already buffered from
neighbouring uses with the existing vegetation to the north and east and the applicant's
existing dwelling to the west. The applicant is the sole mechanic and therefore the
increase in traffic for the proposed use is limited; and the Transportation and
Environmental Services Department did not provide any objections to the proposed
zoning by -law amendment. The nature of the proposed use for a commercial vehicle
inspection station would require the larger building /land area based on the size of
vehicle /farm equipment that would attend the site and therefore the use would not be
considered appropriate for a nearby settlement area, in which a motor vehicle repair
garage is already located and provides services for motor vehicles however does not
currently have the land area for the larger commercial vehicles.
DEVELOPMENT SERVICES September 7, 2011
Report No. DS2011 -027 Page 4 of 10
Page 63 of 189
10b) - Report No. DS2011 -027, Andria Leigh, Director of Deve...
On this basis the proposed use for a commercial vehicle inspection station would be
considered an agriculturally- related commercial development and it is the opinion of
staff that the proposed use Zoning By -law Amendment does conform to the policies of
the Official Plan for the Township of Oro - Medonte.
Provincial Policy Statement, 2005
The purpose of the Provincial Policy Statement (PPS) is to provide direction to
municipalities in Ontario for appropriate land use planning and development, "while
protecting resources of provincial interest, public health and safety, and the quality of
the natural environment'. Section 1.1 of the PPS states that "[healthy], livable and safe
communities are sustained by ... promoting efficient development and land use patterns
... accommodating an appropriate range and mix of residential [and] employment [uses]
... to meet long term needs... ".
Section 2.3 of the PPS contains policies for Agriculture and, specifically, Section 2.3.3
of the PPS states that: "In prime agricultural areas, permitted uses and activities are:
agricultural uses, secondary uses and agriculture - related uses. Proposed new
secondary uses and agriculture - related uses shall be compatible with, and shall not
hinder, surrounding agricultural operations. These uses shall be limited in scale, and
criteria for these uses shall be included in municipal planning documents as
recommended by the Province, or based on municipal approaches which achieve the
same objective." (2.3.3.1) (emphasis added).
Therefore, on the basis that the PPS defers to municipal planning documents for
"secondary uses and agriculture- related uses" considered appropriate in prime
agricultural areas, and that the Township of Oro - Medonte's Official Plan permits the
proposed commercial inspection station as an agriculturally - related commercial use on
land in the Agricultural designation, it is the opinion of Planning staff for the Township
that the proposed Zoning By -law Amendment is considered to conform to the Provincial
Policy Statement, 2005.
Places to Grow: Growth Plan for the Greater Golden Horseshoe, 2006
The purpose of the Places to Grow policies is to provide direction to municipalities in
Ontario for managing growth to ensure the efficient use of land and infrastructure
resources, and to protect agricultural lands and other natural resources from
incompatible development.
Section 2.2.2.1 of the Places to Grow policies, "Managing Growth ", states that
"Population and employment growth will be accommodated by'(i) directing development
to settlement areas except where necessary for rural land uses that cannot be
accommodated in settlement areas.
Section 2.2.9 of the Places to Grow policies, "Rural Areas ", continues in stating that
"Rural settlement areas are key to the vitality and economic well -being of rural
communities [and] Municipalities are encouraged to plan for a variety of... economic
opportunities within rural settlement areas to serve the needs of rural residents and area
DEVELOPMENT SERVICES September 7, 2011
Report No. DS2011 -027 Page 5 of 10
Page 64 of 189
10b) - Report No. DS2011 -027, Andria Leigh, Director of Deve...
businesses." It states further that development outside of settlement areas may be
permitted in rural areas in accordance with Policy 2.2.2.1 (i) (quoted above)
Therefore, based on the above points, the proposed use which requires a larger land
area for the size of vehicles proposed to be inspected and would therefore be
should be directed to a "rural settlement area ", in conformity with the Places to Grow
policies of the Province of Ontario.
County of Simcoe Official Plan
The subject application has been circulated to the County of Simcoe Planning
Department, who have provided comments by letter dated June 21, 2011, for which a
relevant extract is as follows:
County of Simcoe Official Plan 3.6.6 states that prime agricultural areas will be
protected for agriculture and compatible uses and permitted uses include
agriculture, agriculture related uses, secondary uses, natural heritage
conservation and forestry, aggregate developments (subject to Section 4.4),
processing of agricultural products, and agricultural produce sales outlets
generally relating to production in the local area.
The basis of the County Official Plan and Oro - Medonte's Official Plan, is the
Provincial Policy Statement (PPS). Section 2.3.3.1 of the PPS states "In prime
agricultural areas, permitted uses and activities are: agricultural uses, secondary
uses and agriculture- related uses. Proposed new secondary uses and
agriculture- related uses shall be compatible with, and shall not hinder,
surrounding agricultural operations and shall be limited in scale".
Secondary uses means "uses secondary to the principle use of the property,
including but not limited to, home occupations, home industries, and uses that
produce value -added agricultural products from the farm operation on the
property. "Agriculture -related means "those farm - related commercial and farm -
related industrial uses that are small scale and directly related to the farm
operation and are required in close proximity to the farm operation ".
Based on the information provided and the policies of the current County of
Simcoe Official Plan and the Provincial Policy Statement, County planning staff
advise that the proposed commercial uses be specifically related to the
agricultural community in which it is situated. The County, therefore does not
object to the proposed zoning by -law amendment application to permit
commercial vehicle inspection and accessory repairs provided it is distinctively
related to the agricultural operations in the local area, provides a service to the
agricultural industry, and is small in scale in order to conform to the policies of
the County of Simcoe Official Plan and remain consistent with the Provincial
Policy Statement.
DEVELOPMENT SERVICES
Report No. DS2011 -027
nber 7, 2011
Page 6 of 10
Page 65 of 189
10b) - Report No. DS2011 -027, Andria Leigh, Director of Deve...
Township of Oro- Medonte Zoning By -law 97 -95
The subject property is presently zoned Agricultural /Rural (A/RU) Zone, and the
proposed Zoning By -law Amendment seeks to establish a site - specific Agricultural /Rural
Exception (A /RUB') Zone, to permit a commercial vehicle inspection station.
Per Table A4 to the Zoning By -law, Permitted Uses in the Agricultural /Rural (A /RU)
Zone presently include "single detached dwellings" and "home occupations ". A
commercial vehicle inspection station is not identified as a permitted use in the
Agricultural /Rural (A /RU) Zone; and therefore the applicant has submitted the zoning
by -law amendment to permit this use in addition to the current list of permitted uses.
The "Site Plan" drawing submitting by the applicant (Attachment #2 to this Report),
identified that the existing dwelling on the lot occupies 172.24 square metres, whereas
the existing detached accessory building to be used for the proposed inspection station
occupies 278.70 square metres.
CONSULTATIONS:
® Township Departments — no objection
• County of Simcoe — see County of Simcoe Official Plan section
® Simcoe County District School Board — no objection stated
® Nottawasaga Valley Conservation Authority — no objection
ATTACHMENTS:
Attachment #1 - Location Map
Attachment #2 - Site Plan Drawing
CONCLUSION:
Upon review of the proposed application to amend the Zoning By -law, to permit the
operation of a commercial vehicle inspection station, it is noted that the Official Plan for
the Township permits agriculturally - related commercial development, as proposed
(Section C1.3.4 of Official Plan). The County of Simcoe and the Nottawasaga Valley
Conservation Authority have both identified they have no objection to the proposed
zoning by -law amendment.
DEVELOPMENT SERVICES September 7, 2011
Report No. DS2011 -027 Page 7 of 10
Page 66 of 189
10b) - Report No. DS2011 -027, Andria Leigh, Director of Deve...
On this basis, it is recommended that Zoning By -law Amendment Application 2011 -
ZBA-06, to amend the zoning of the subject property to permit a commercial vehicle
inspection station be approved.
Respectfully submitted:
V
Andria Leigh, MCVRPP
,
Director, Development Services
SMT Approval / Comments: I C.A.O. Approval / Comments:
r-�
DEVELOPMENT SERVICES September 7, 2011
Report No. DS2011 -027 Page 8 of 10
Page 67 of 189
10b) - Report No. DS2011 -027, Andria Leigh, Director of Deve...
ATTACHMENT 1: LOCATION MAP
2011- Z ®A -06 (Duddy)
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SUBJECT PROPERTY
(3886 Line 11 North)
DEVELOPMENT SERVICES September 7, 2011
Report No. DS2011 -027 Page 9 of 10
Page 68 of 189
10b) - Report No. DS2011 -027, Andria Leigh, Director of Deve...
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Page 69 of 189
10c) - Report No. DS2011 -035, Andria Leigh, Director of Deve...
�'
Proud Heritage, Exciting Future
Report No.
To: Council
Prepared By:
DS 2011 -035
Alan Wiebe, Planner
Meeting Date:
Subject: Site Plan Agreement
Motion #
September 7, 2011
2011 - SPA -21 (Hilliard)
856 Horseshoe Valley Road
East, Part of West 1/2 Lot 1,
Roll #:
R.M.S. File #:
4346 - 020 - 010 -14300
Concession 11
Being all of PIN 58529 -0120
D11 41984
(LT)
Former Township of Oro
RECOMMENDATION(S): Requires Action For Information Only
It is recommended:
1. THAT Report No. DS 2011 -035 be received and adopted.
2. THAT the Township of Oro- Medonte enters into a Site Plan Agreement with Timothy Hilliard
and Donna Hilliard, to construct a 62.4 square metre (672 square foot) one storey addition
to an existing two storey building with a ground floor area of 173.9 square metres (1,872
square feet) used for a motor vehicle repair garage.
3. THAT the Clerk prepares a By -law for Council's consideration to enter into a Site Plan
Agreement with Timothy Hilliard and Donna Hilliard.
4. AND THAT the owner be notified of Council's decision.
BACKGROUND:
The owners are proposing to construct a 62.4 square metre (672 square foot) one storey
addition to an existing two storey building with a ground floor area of 173.9 square metres
(1,872 square feet) used for a motor vehicle repair garage. In accordance with By -law 2009-
062 (Site Plan Control Area for the Township), all classes of industrial /commercial development
are subject to the requirement for landowners to enter into a Site Plan Agreement prior to the
issuance of a Zoning Certificate and Building Permit.
ANALYSIS:
The subject lands are designated "Rural Settlement Area" by the Township's Official Plan, and
are located northeast of the intersection of Line 10 North and Horseshoe Valley Road East,
municipally known as 856 Horseshoe Valley Road East. Pursuant to Section C3.2 of the
Township's Official Plan, permitted uses in the Rural Settlement Area designation include: low
density residential uses, small scale commercial uses, small scale industrial development in the
form of repair garages, warehouses, workshops or manufacturing and /or fabrication plants. The
repair garage use is considered to conform with the Official Plan policies.
The subject lands are zoned Agricultural /Rural (A/RU) Zone by Zoning By -law 97 -95, and are
used for operating a motor vehicle repair garage. Pursuant to By -law 2009 -062, "all legal and
non - conforming industrial and commercial uses in any Zone are ... subject to Site Plan Control."
In March of 2011, the Committee of Adjustment for the Township approved Variance Application
DEVELOPMENT SERVICES Meeting Date September 7, 2011
Report No. DS 2011 -035 Page 1 of 6
Page 70 of 189
10c) - Report No. DS2011 -035, Andria Leigh, Director of Deve...
2011 -A -03 (see Schedule 3), to permit the proposed expansion of the non- conforming use of
the property for a motor vehicle repair garage, with such addition to be located as near as 0.97
metres from the interior side lot line to the west.
The subject application has been circulated to internal departments and to the County of
Simcoe, none of whom have stated any concerns with regard to the applicant's proposal.
FINANCIAL:
N /A.
POLICIES /LEGISLATION:
Township of Oro - Medonte Official Plan and Zoning By -law 97 -95
The Planning Act, Section 41
CONSULTATIONS:
Internal department review completed during Site Plan review process, and no concerns were
raised by internal departments at the Township.
The County of Simcoe has indicated that it has no comments or concerns.
I ATTACHMENTS: I
Schedule 1: Location Map
Schedule 2: Site Plan Drawing, dated August 31, 2011
Schedule 3A -B: Committee of Adjustment Notice of Decision, dated March 17, 2011
CONCLUSION:
The purpose of this application is to register a Site Plan Agreement with respect to the
construction of a 62.4 square metre (672 square foot) one storey addition to an existing two
storey building with a ground floor area of 173.9 square metres (1,872 square feet) used for a
motor vehicle repair garage. It is recommended to Council that Site Plan Application 2011 -SPA-
21, applying to the subject lands, be approved.
Respectfully submitted: Reviewed by:
Ian Wiebe Glenn White, MCIP, RPP
Planner Manager, Planning Services
SMT Approval / Comments: C.A.O. A roval / Comments:
.—,4. --ell �e
DEVELOPMENT SERVICES Meeting Date September 7, 2011
Report No. DS 2011 -035 Page 2 of 6
Page 71 of 189
10c) - Report No. DS2011 -035, Andria Leigh, Director of Deve...
HORSESHOE VALLEY
SCHEDULE 1: LOCATION MAP
2011 - SPA -21 (Hilliard)
SUBJECT PROPERTY
DEVELOPMENT SERVICES Meeting Date September 7, 2011
Report No. DS 2011 -035 Page 3 of 6
Page 72 of 189
10c) - Report No. DS2011 -035, Andria Leigh, Director of Deve...
SCHEDULE 2: SITE PLAN DRAWING, DATED AUGUST 31, 2011
2011 - SPA -21 (Hilliard)
BUI )ING LOCATION SURVEY f)F
PART OF W1/2 LOT 1, CONCESSION 11
TOWNSHIP OF MEDONTE
COUNTY OF SIMCOE
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DEVELOPMENT SERVICES Meeting Date September 7, 2011
Report No. DS 2011 -035 Page 4 of 6
Page 73 of 189
10c) - Report No. DS2011 -035, Andria Leigh, Director of Deve...
SCHEDULE 3A: COMMITTEE OF ADJUSTMENT NOTICE OF DECISION DATED
MARCH 17, 2010
2011 - SPA -21 (Hilliard)
t9 �s../�doitte
COMMITTEE OF ADJUSTMENT
NOTICE OF DECISION
Application No. 2011 -A -03- Timothy and Donna Hilliard, Concession 11, Wert Part of Lot 1
856 Horseshoe Valley Road East
IN THE MATTER OF the Planning Act, R.S.O. 1990, C.P. 13 as amended, Section 45 (1)(2)(8)(9) and (10), and
IN THE MATTER OF 2011 -A -03- Timothy and Donna Hilliard, Concession 11, West Part of Lot I, 856 Horseshoe Valley
Road East Township of Oro- Medonte.
WHEREAS The applicant is The applicant to requesting the following relief from Table B 1 of Zoning By -law 97-95:
Tone: Astricultural/Rural (AIRID Zone Regu -red Proposed
1. Minimum required interior side 097 metres
yard setback
2. Section 5.16.1 c) - Non- A noncomplying building ... may be Floor area increase of
complying buildings entarged ... provided that the 62A m'(672 feet
enlargement ... does not in any other (apprnx. from 1739 m= to 236.3 mr)
way increase a situation of non-
compliance Volume increase of:
295A m3 (10,080 feet)
WHEREAS the subject property is designated "Rural Settlement Area" in the Official Plan, and Zoned "AgticulturaliRura1
(A/Rln Zone" by By-law 97 -95; and
WHEREAS having had regard to those matters addressed by The Planning Act, in accordance with the rules and procedures
prescribed under Ontario Regulation 2011196, as amended, and having considered all relevant information as presented at the
public hearing on the 17°i day of March, 2011.
The following is the Decision of the Committee:
"Tina[ the Committee of Adjustment approves Variance Application 2011 -A -03, to permit the construction of m addition to
the existing building on the subject property, located as near as approximately 0.97 metres from the interior side lot line to the
west. occupying approximately an additional 614 square metres of floor area and approximately an additional volume of
285.4 cubic metres, subject to the following conditions:
1. That notwithstanding Sections 5.16.1 c) and 5.18 of Zoning By -law 97 -95, the buildiog/stmcture shall otherwise
comply with all other applicable provisions of the Zoning By -Law;
1 That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by
verifying. in writing by way of survey or real property report, that the proposed addition to the existing building on the
subject property will not:
a. Be located any closer to the interior side lot line to the west than approximately 0.97 metres;
b. Occupy any more tban approximately 62.4 square metres of additional floor area; and
c. Occupy any more than approximately 285.4 cubic metres of Additional volume.
3. That the owner of the property at 856 Horseshoe Valley Road East; Concession 11. West Part Lot 1 (roll no. 4346-
020-010-14300) apply for, and enter into a Site Plan Agreement with Council for the Township for the existence of,
and expansion to, the non - conforming use and the trot[- complying building, on the subject property (pursuant to
Section 2.3 of By -Law 2009-062).
4. That the appropriate rotting certificate and building permit be obtained from the Township only after the
Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, cP. 13.
Dated this 17a day of Match, 2011. Carried."
C_Sfeven'Farcluharson
Members concreting in this decision: Secretary Treasurer
La
t
u ling, hair B oe Chopp oyjj stings
s� vv
Scott Mac on an yo o f
TAKE OTICE that pursuant to Section J1(12) of the Planning Act, R.S.O. 1990, cP. 13, as amended, the above decision
and/or conditions may be appealed to the Ontario Municipal Board. Only individuals, corporations and public bodies may
appeal decisions in respect of applications for variance to the Ontario Municipal Board. A notice of appeal may not he filed
by an unincorporated association or group. However, a notice of appeal may he filed in the name of an individual who is a
member of the association or group.
THE LAST DATE FOR FILING A NOTICE OF APPEAL IS WEDNESDAY, THE 6° DAY OF APRIL 2011.
DEVELOPMENT SERVICES Meeting Date September 7, 2011
Report No. DS 2011 -035 Page 5 of 6
Page 74 of 189
1Oc) - Report No. DS2O11 -035, Andria Leigh, Director of Deve...
SCHEDULE 313: COMMITTEE OF ADJUSTMENT NOTICE OF DECISION DATED
MARCH 17, 2010
2011- SPA -21 (Hilliard)
A "NOTICE OF APPEAL" setting out in writing the supporting reasons for the appeal should be received on or before the
last date for "Appeal" accompanied by a complete the OMB Appellant Form (A I) Planning Act and a certified cheque or
money order in the amount of ONE HUNDRED AND TWENTY FIVE DOLLARS payable to the MINISTRY OF
FINANCE. The notice is to be submitted to: Secretary - Treasurer of the Committee of Adjustment, 148 Line 7 South, PO
Box 100, Oro, ON LOL 2X0.
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DEVELOPMENT SERVICES
Meeting Date September 7, 2011
Report No. DS 2011 -035
Page 6 of 6
Page 75 of 189
n�
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Page 75 of 189
11 a) - Mayor H.S. Hughes, re: AMO Conference & Related Waste...
11a)
TRY Recycling Tour Summary Notes
Mayor Hughes
Tuesday, August 23, 2011
• Deputy Mayor Hough, Councillors Lancaster and Meyer were part of the tour
• Visited 3 different locations
1. First visit was environmental centre
•
Close to the same footprint size as the one proposed for Oro - Medonte
•
Features:
• Monitoring wells
• Storm management pond (dry hydrant)
•
TRY Pave evident, pile located, consists shingles & gravel mixture
•
TRY works with educational partners to develop and perfect products
revisions depending on make -up of recyclables
•
TRY takes extensive measures to prevent non - recyclables from being
accepted
• Cameras at scales
• Greeters who monitor and help sort materials with the public
• Take license plate numbers and addresses at the scales
• Significant financial impact of allowing non - recyclables on -site
• Extensive monitoring and reporting required in CA
• Non - recyclable materials are put in bins, can only remain on -site
for a short time
•
Noted very little dust from processing machines that are similar to those
used by aggregate industry
•
At this site there were no berms based on input from neighbours
•
Actual working zone has land around it with agricultural crops; no debris
evident; daily monitoring
2. Second
site was older and larger
•
Located on a former aggregate site and had berms
•
Drywall processed and sold to farmers especially for specialized crops
•
Glass is processed and used for sand operations (has significant
advantages)
•
Sand from sand blasting
•
On opposite side of road composting only for leaf and yard waste
•
Aerated pond
•
Adjacent park on mined out aggregate site
Page 76 of 189
11 a) - Mayor H.S. Hughes, re: AMO Conference & Related Waste...
• Heavily utilized by Boys & Girls Club London
• Has buildings, recreational fields, fishing pond
• Held Special Olympics, tree planted for each of the participants,
numbering in the hundreds
3. Third site: waste transfer with components of an environmental centre. Try
operates it for the City of London, One of four sites Try operates for City
• Site was very pristine
• Greeters helping and directing families to sort
• Highlight was a young family with two young children working with
parents and staff to sort; education and environmental values being
instilled
• One harder to place workers' full time job is to go over the site with a
strong magnet to pick up all metals, especially nails
• TRY works with Habitat for Humanity for product acquisitions and store,
as well as Goodwill shop for reusing materials
• Site located in built up residential area with no berms, some fencing
• Other feedback:
• All sites had gardens and products available to the public
• Had a lengthy discussion with Mayor of London who gave an unqualified ringing
endorsement of TRY and the outstanding environmental successes, as well as
positive corporate support of the area
• Mayor and CAO of Middlesex accompanied us on the tour, were extremely
pleased with the work of TRY and their waste management role in the
municipality
• Two staff from Golder and Associates, who will be involved in the environmental
assessments in Oro- Medonte, accompanied us on the tour
• Mayor of Severn Township also accompanied the tour and provided positive
comments about who he heard and what he saw
• The sites are kept open for long hours (7:30pm)
• Significant employment — "Green jobs" are created
• TRY is /was significantly involved in helping with Goderich clean up following the
tornado.
Page 77 of 189
11 b) - Mayor H.S. Hughes, re: County of Simcoe Waste Managern
The Barrie Examiner
°� ����
No time to waste: county
`Not enough is being recycled'
Posted 13 hours ago
There's no time to waste.
Page 1 of 2
u Back
Simcoe County councillors are considering further restrictions on curbside waste pickup in their member
municipalities (excluding Barrie and Orillia, which are separated cities).
With less than seven years of life remaining in its landfills, the county must continue to strive for more waste
reduction, more participation and higher capture rates in the blue box and green bin (organics) programs,
director of solid waste management Rob McCullough told councillors Wednesday afternoon.
McCullough and consultants laid out various options for council to consider around different types of garbage
collection and waste diversion.
Staff will gather input from the meeting and comments from councillors and a report will be brought back to
council next month to determine new future waste strategies.
"The decision will lie on county council's shoulders in September," McCullough said.
Short landfill life spans in the county make quick decision making a must, councillors heard.
"The big picture is we have to do something now," said Clearview Township Mayor Ken Ferguson.
Mike Birett, of Waste Diversion Ontario, told council they don't have the luxury of time when it comes to
implementing their waste strategies.
"If you only have six - and -a -half years left (in your landfills), you have to make some decisions now," he said.
"Tackling industrial, commercial and institutional (ICI) waste is critical. And a major problem is not enough is
being recycled."
Different curbside pickup options were discussed.
The pay as you throw option, preferred by staff, would see residents having to affix tags to all garbage bags.
Council is also considering increasing the cost of a tag from $2 to $4.
Another option would be the status quo, which is a partial user -pay system (except for the Township of Adjala-
Tosorontio) with one bag a week allowed per household and additional bags requiring a tag.
A fixed one bag limit (similar to Adjala - Tosorontio) was also discussed. Extra bags, even tagged, would not be
picked up. Councillors heard that option may result in more waste going into landfills.
A clear bag program was considered, in the event one of the first three options weren't selected. Clear bags
would allow for visual inspections to ensure no divertible material was being put out. Staff described this as more
of an enforcement based program than an incentive based one and an option that could have privacy issues.
Bi- weekly garbage collection and bi- weekly garbage and recycling collection options were also discussed.
Maximum bag limits will also be examined.
httn' / /www.theharrie,examine.r cem /Print ArtirlP 050 Q/t /7n1 1
Page 78 of 189
11 b) - Mayor H.S. Hughes, re: County of Simcoe Waste Managern
The Barrie Examiner Page 2 of 2
According to staff, excessive waste is not generally an issue at the residential level, but industrial, commercial
and institutional waste is another matter.
"Some ICI locations produce significant volumes (in excess of 50 bags weekly) of garbage over and above what
should reasonably be collected curbside.
"in some cases, it is impractical for the county to continue collection of large amounts of garbage at ICI locations
for a variety of reasons, including health and safety, space limitations, traffic and roadside aesthetics," the staff
report stated.
Larger generators of garbage may find it more economical to use a private contractor for front end or bin
collections rather that purchasing tags, the report stated.
Councillors were also asked to ponder the garbage tag mail out option — similar to one used by the City of
Orillia which mails out 30 tags annually — and an American incentive program called RecyleBank, which uses a
reward points program that allows residents to collect points to be used at local participating stores and partners.
The county's Waste Management Strategy has recommended the transition to a uniform collection service prior
to the next collection contracts being settled. A single contractor for the entire county's four areas of waste
pickup was encouraged by McCullough.
"It seems to make the most sense," he said, adding a single contractor can use economies of scale and route
optimization to be more cost effective.
He was also in favour of a proposed, centrally located blue box recyclables transfer facility for the county. "It
would increase efficiency and the county would receive revenue for recyclables."
Expansion of the blue box program was also encouraged.
"We're going to get the majority of extra plastics into the program," McCullough said.
Innisfil Deputy -mayor Dan Davidson said he supported the garbage tag increase to $4, "or even $5. We could
slowly start to educate people about recycling. We need to expand the blue box program to accept more items."
County councillors will make their decisions about future waste management programs next month. To read the
options for waste collection services report, visit the county's website at www.county.simcoe.on.ca.
imcinroy @thebarrieexaminer.com
Copyright @ 2011 The Barrie Examiner
httn- / /www.theharrieexaminer cnm /PrintArtir.le acnx ?P ='3 ?R1 OSO 0/111MI 1
Page 79 of 189
11 b) - Mayor H.S. Hughes, re: County of Simcoe Waste Managern
Background SIMCOEy -3
Council resolution #2011 — 112 directed:
"THAT the direction to proceed with a full user pay waste collection
system not be implemented until further consideration and direction by
County Council;
AND THAT staff be requested to continue to research and report on all
options for waste collection, including full user pay;
AND THAT staff be instructed to rescind the current Request for
Proposals for waste collection services;
AND THAT staff be directed to negotiate extensions to the existing
collection contracts."
Page 80 of 189
11 b) - Mayor H.S. Hughes, re: County of Simcoe Waste Managern
CUUIYTY ()F
Background SIMCOE ^y
The Purpose of today's Information Session is to respond to
Resolution #2011 — 112
Report CO 11 -025 provides summary of a variety of options for
collection service to reduce waste generation and increase waste
diversion
Presentation will review each option, provide pros & cons and cost
estimates
Update on Collections RFP
The RFP was rescinded as per Council's direction
Negotiations for re- extension are ongoing with extensions expiring
March 31, 2013 - Timeline:
• April 2013 — contract commencement
• April 2012 — contract award
• March 2012 — report to Council
• January - February 2012 — proposal evaluation
• January 2012 — bid closes
• November 2011 — RFP release
l
COUNTYOF
Diversion vs. Reduction SIMCOE �y
Diversion
Requires the separation
of materials
Achieved by removing
recyclable and reusable
materials from waste
stream
The driving force behind
development of Blue Bin
and Organics programs
Reduction
Requires decreasing the
overall amount of waste
generated
Achieved by educating
consumers to rethink at
point of purchase
One of the primary
components of the Zero
Waste initiative
Page 81 of 189
2
11 b) - Mayor H.S. Hughes, re: County of Simcoe Waste Managern
covm� Y BF � ^
Diversion SIMCOE�{ l
15
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Reduction SIMCOE y
USE
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3
Page 82 of 189
11 b) - Mayor H.S. Hughes, re: County of Simcoe Waste Managern
COUNTY OF
Relationship to the WMS SIMCOE y
The WMS recommended transition to a truly uniform
collection service with next collection contract.
Current in- equities for basic service are:
• Adjala- Tosorontio - no tags
• Seasonal areas - inconsistent service levels, not eligible for
green bin & remain at 2 bag
limit, bins /common drop points '
• Industrial, Commercial &
Institutional (IC &I) - varying
levels of service from none to
excessive, little diversion;
extremely difficult to track
who gets what
�4
Relationship to the WMS SIMCOE _�
The WMS recommended that with the next collection
contract further restrictions on curbside garbage be
implemented in order to:
• decrease the waste requiring disposal
(Jan. 2011 - 7 years of capacity remaining)
• reduce waste generation
• increase participation & capture rates in
blue box and green bin programs
WMS estimated diversion rates (if all
recommendations were implemented):
■ 71 % in 10 years
■ 77% by end of planning period
Page 83 of 189
al
11 b) - Mayor H.S. Hughes, re: County of Simcoe Waste Managern
W
WDO and the CIF SIMCy 'Pa
Waste Diversion Ontario (WDO)
• Non -crown corporation created under the Waste Diversion Act (WDA)
in 2002 to develop, implement and operate waste diversion programs
for blue box, electronics, HHW & tires
• County 2011 blue box funding = $2.2 million
The Continuous Improvement Fund (CIF)
• Mandated to help Ontario municipalities undertake best practices
initiatives to improve the effectiveness and efficienc of blue box
recycling programs
• Recently funded: ; � T
• County Waste Strategy $40,000
• Learning & Living Green $101,800
• Mobile Education Unit $45,800
• Total = $187,600
i
cn�avnt�r I -r
Best Practices S1MCOE y
■ 25% of 2012 blue box funding will be allocated based on municipal
responses to Best Practices questions in datacall:
■ 12.5% - Development and implementation of an up to date blue box recycling
plan as part of a Waste Diversion System of Integrated Waste Management
System (12.5 %)
■ 12.5% - Optimization of operations in collections and processing by following
generally accepted principles (GAP) for effective procurement and contract
management
■ 8.3% - Multi- municipal Planning
■ 25% - Established and enforced policies that induce waste diversion including:
■ policies to restrict garbage — Bag limits, PAYT, Garbage collection frequency less
than recycling collection frequency
5
Page 84 of 189
11 b) - Mayor H.S. Hughes, re: County of Simcoe Waste Managern
Best Practices SIMC y
■ How the County is doing ...
■ 2009 2nd in Ontario with a 57.1 % diversion rate based on municipal datacall
■ 2010 (unaudited) diversion rate of 58.4%
■ 2010 Capture Rate Blue Box Program (overall) = 83% (residential curbside
collection)
■ Many successful and progressive programs
Room for improvement ...
■ Collection inefficiencies
■ Separate collection and processing agreements
■ Lack of infrastructure /blue box processing inefficiencies
Best Practices SIMCOE- S
Pending Applications for funding ...
■ proposed centrally located blue box recyclables transfer facility
• Allow for the County to assume greater control over the processing
of recyclable materials
• Increase efficiencies and decrease costs
• Receive revenue for recyclables to partially offset program costs
• Potential CIF funding up to approximately $2M towards capital cost
of the facility
■ Conclusions ...
• Focus on key best practices, create a bag of tools to reach goals
• Focus on uniformity, inconsistency leads to confusion
• What gets measured gets managed 4
• Allocate resources appropriately
�t
u
Page 85 of 189
11 b) - Mayor H.S. Hughes, re: County of Simcoe Waste Managern
COUNTY OF
Current Program SIMCOF�y
Partial User Pay System
■ Generally 1 garbage bag limit weekly (except IC &I and seasonal areas)
■ $2.00 tag for additional garbage bags (except Adjala- Tosorontio)
Weekly curbside collection
of dual stream recycling
Weekly curbside collection
_. of organics (except IC &I and
many seasonal locations)
Current Program
r
1111"T1111 0\
SIMCOE -yam
Baseline:
■ No changes to existing programs
■ Same collection frequency and materials
Cost Estimates:
2011 Cost 2012
Budgeted
Cost
New Baseline
Waste Levy $145.18
$157.60
$149.25
($ /hh /yr)
Bag Tag Cost $4.00
$4.00
$4.00
($ /hh /yr)
TTL Cost $149.18
$161.60
$153.25
($ /hh /yr )
Diversion Rate 45%
45%
46%
(% estimated)
7
Page 86 of 189
11 b) - Mayor H.S. Hughes, re: County of Simcoe Waste Managern
Relative Difference SIMC y 14�
- Figures shown are estimates only
■ actual costs based on new collection contract & performance of the diversion
system employed
■ Costs include changes in capital & operating for each system
■ Models include cost ($ /hh) on waste levy and true cost to average hh based
on anticipated bag tags
■ System costs model the estimated differences between collection
systems in terms of cost and diversion rate
■ What is important is the relative difference between the systems
Factors common to all systems:
■ Single collection contract (estimate 5% collection cost savings)
■ County arranges processing for all recyclables (estimate benefit $10 /hh /yr
assuming good markets)
■ Organics still exported for outside processing
■ Garbage disposed rate set by Council for 2012 ($135 /tonne).
coun^rr OP _
Option 1 - Pay As You Throw S1MCOEA� L�
All garbage bag(s) must be County branded bags or have a tag
affixed in order to be collected
Purchase tags or bags at local outlets
• Residents pay for the waste that they are actually generating.
• Currently- residents generating little waste and maximizing use of
diversion programs are subsidizing those who do not.
Variety of choices on how to balance value between waste levy and
tag value.
■ $2.00 / tag used for demonstration
■ Waste Levy reduced accordingly
Page 87 of 189
S
11 b) - Mayor H.S. Hughes, re: County of Simcoe Waste Managern
11111T1111 #\
Option 1 - Pay As You Throw SIMCOE_`�
PROS
■ Potential reduction in waste
generation
Potential significant increase in
waste diversion
Flexibility
■ Helps address issues with
IC &I, seasonal residents and
small quantity generators
Removal of portion of garbage
cost from waste levy
CONS
• Significant change to residents
• Potential for perception of "tax grab"
• Potential for increased illegal
dumping — statistics don't
substantiate
• Impact to Customer Service
Department & enforcement
• Potential significant funding shortfall
by reduced garbage tipping fee
revenues ($1.4 million /yr)
Page 88 of 189
9
coven° r aF lam'
SIMCOE�{
Option 1 - Pay As You Throw
Cost Estimates:
• Using a Hybrid PAYT which sets tag cost at $2 to cover portion of garbage
disposal and collection and remainder is covered from Waste Levy.
Baseline
Option
PAY T
Waste Levy ($ /hh /yr) $149.25
$102.10
Bag Tag Cost ($ /hh /yr) $4.00
$58.00
TTL Cost/hh /yr ($) $153.25
$160.10
Direct Diversion Rate 46%
57%
(% estimated)
11111T1111 #\
Option 1 - Pay As You Throw SIMCOE_`�
PROS
■ Potential reduction in waste
generation
Potential significant increase in
waste diversion
Flexibility
■ Helps address issues with
IC &I, seasonal residents and
small quantity generators
Removal of portion of garbage
cost from waste levy
CONS
• Significant change to residents
• Potential for perception of "tax grab"
• Potential for increased illegal
dumping — statistics don't
substantiate
• Impact to Customer Service
Department & enforcement
• Potential significant funding shortfall
by reduced garbage tipping fee
revenues ($1.4 million /yr)
Page 88 of 189
9
11 b) - Mayor H.S. Hughes, re: County of Simcoe Waste Managem...
Option 2 — Status Quo with t_0
^
Tag Increase SIMCOE
1=. .W..
Keep existing one eligible bag limit but significantly
increase the cost of bags for additional garbage
The Strategy suggests increase from $2 to $4 per tag
Existing usage of bag tags in the County is low; average
of 2 tags /hh purchased in 2010
■ Estimate bag tag usage decreases to 1 /hh /yr.
Option 2 — Status Quo with
Taa Increase
Cost Estimates:
1111'IT 1 111 - - -r
SIMCOE y —4�
Waste Levy ($ /hh /yr)
$149.25
$148.64
Bag Tag Cost ($ /hh /yr)
$4.00
$4.00
TTL Cost ($ /hh /yr)
$153.25
$152.64
Diversion Rate
46%
46%
(% estimated)
10
Page 89 of 189
11 b) - Mayor H.S. Hughes, re: County of Simcoe Waste Managern
Option 2 — Status Quo with t.O-
--
Tag Increase SIMCOE ^yam
�— ....M
PROS
Minimal change to residents
Flexibility (at a higher cost)
Minor short term cost
impacts
CONS
Minimal reduction in waste
generation & diversion
Does not address issues with
IC &I, seasonal residents or
small quantity generators
Longer term cost impacts
related to transfer of garbage
to external facility
Potential for some impact to
waste management facilities
Option 3 — Fixed One Bag 1u1--
Limit SIMCOE y ;
Strict one bag /week limit with no option for purchasing
tags for additional garbage
Is the current program in Adjala - Tosorontio which has
the best curbside diversion rate in the County (54% vs
46% County average)
Adjala - Tosorontio residents
deliver an average of
16.3 kgs of garbage /hh /month
to the landfill compared with
the County average of
8.7 kgs /hh /month
Page 90 of 189
11
11 b) - Mayor H.S. Hughes, re: County of Simcoe Waste Managem...
Option 3 — Fixed One Bag
Limit
Cost Estimates:
ON TVOu� —�
S'IMCOE y
Waste Levy ($ /hh /yr)
$149.25
$150.35
Bag Tag Cost ($ /hh /yr)
$4.00
$0
TTL Cost ($ /hh /yr)
$153.25
$150.35
Diversion Rate
46%
47%
(% estimated)
Option 3 — Fixed One Bag 10111T,,,, , ��
Limit SIMCOE y
PROS
Some potential for
reduction in waste
generation
Some potential for
increase in waste diversion
Minor impact to waste levy
CONS
Change for residents
No flexibility
No incentive for those meeting
one bag limit to divert more
Does not address issues with
IC &I, seasonal residents and
small quantity generators
Potential for significant impacts
to waste management facilities
Diversion gains at curbside
could simply be shifted to
garbage increases at facilities
Page 91 of 189
12
11 b) - Mayor H.S. Hughes, re: County of Simcoe Waste Managem...
Option 4 — Clear Bag t.01 -- ,�
Program SIMCQE ^
All garbage must be placed curbside in a clear bag
• Unresolved privacy issues
• Can be successful in driving waste diversion, but does not assist
in reducing waste generation
Requires collection staff to visually inspect material and
refuse collection if the garbage contains divertible
materials
■ Higher collection costs due to increased stop time, requirement
for inspection, reporting & enforcement
Is an enforcement based program rather than incentive
based
■ Likely would need to implement a mandatory diversion by -law
which states zero divertible materials allowed in garbage
Option 4 — Clear Bag
.1
Program
��,,��,,11 _
SIMCOE S
7w�
Cost Estimates:
Baseline
Option
Clear Bag Prograrni
Waste Levy ($ /hh /yr)
$149.25
$153.50
Bag Tag Cost ($ /hh /yr)
$4.00
$3.00
TTL Cost ($ /hh /yr)
$153.25
$156.50
Diversion Rate
46%
51%
(% estimated)
13
Page 92 of 189
11 b) - Mayor H.S. Hughes, re: County of Simcoe Waste Managem...
Option 4 — Clear Bag t�
Program SIMCOE y
PROS
Potential increase in
waste diversion
Flexibility
CONS
Privacy Concerns
Significant change to
residents
Impact to Customer Service
Department
Interpretation
Increased collection costs
Increased enforcement for
collections staff & County
staff
Option 5a — Bi- weekly tut
Garbage Collection SIMCOE y�
Change curbside collection of garbage to an every other
week schedule (County split in half for collection)
• Week 1 — Recycling & Organics,
• Week 2 — Garbage, Recycling & Organics
Change to single stream recycling required
Garbage limit 1 bag bi- weekly (tags for additional)
Fewer garbage trucks required = cost savings
The WMS identified that this option should not be
considered until the green bin program could be
expanded to include more odorous waste materials
(diapers, feminine hygiene products and pet waste).
14
Page 93 of 189
11 b) - Mayor H.S. Hughes, re: County of Simcoe Waste Managem...
Option 5a — Bi- weekly
• Potential reduction in waste
covmr of
SiMCO 4s t'
Garbage Collection
■ Issues with weather impacts
Cost Estimates:
■ Odorous material remains in garbage
Baseline
Option
Garbage
Waste Levy ($ /hh /yr) $149.25
Collection
$131.99
Bag Tag Cost ($ /hh /yr) $4.00
$14.00
TTL Cost ($ /hh /yr) $153.25
$145.99
Diversion Rate 46%
60%
(% estimated)
■ Potential significant funding shortfall by reduced
Week 1
garbage tipping fee revenues ($1.4 million /yr)
WWeek 2
Option 5a — Bi- weekly tom• —•
Garbage Collection SIMCOOE�
r
PROS
CONS
• Potential reduction in waste
Issues for seasonal residents
generation
■ Issues with weather impacts
• Potential increase in waste
■ Odorous material remains in garbage
diversion
■ Increased contamination in blue box and green
• Some flexibility (tags)
bin programs
• Collection cost savings as
' Higher processing cost and lower revenue for
fewer garbage trucks
single stream recycling
required
. Significant change for residents — confusion
■ Potential significant funding shortfall by reduced
Week 1
garbage tipping fee revenues ($1.4 million /yr)
WWeek 2
15
Page 94 of 189
11 b) - Mayor H.S. Hughes, re: County of Simcoe Waste Managem...
Option 5b – Bi- weekly Garbage & «�— --- #I\ Recycling Collection SIMCOE S
Change curbside collection of garbage and Recycling to
an every other week schedule (County split in half for
collection).
• Week 1 — Recycling & Organics,
• Week 2 — Garbage & Organics
• Change to single stream recycling required
• Garbage limit to one bag bi- weekly (plus tags)
• Only one (split) truck required to collect each week
The WMS identified that this option should not be
considered until it is possible to expand the green bin
program to process the more odorous waste materials
(diapers, feminine hygiene products and pet waste).
Option 5b – Bi- weekly Garbage & t,,,.,,,1,, �
Recycling Collection
S1
Recycling r�
Cost Estimates:
Waste Levy ($ /hh /yr)
$149.25
$122.14
Bag Tag Cost ($ /hh /yr)
$4.00
$14.00
TTL Cost/hh /yr ($)
$153.25
$136.14
Direct Diversion Rate
46%
59%
(% estimated)
16
Page 95 of 189
11 b) - Mayor H.S. Hughes, re: County of Simcoe Waste Managem...
Option 5b — Bi- weekly Garbage & (pIJN7YOF- -w -}
Recycling Collection
$IMCOE�{
Baseline
Option 7
PROS
CONS
■ Potential reduction in waste
' Issues for seasonal residents
generation
■ Issues with weather impacts
Potential increase in waste
' Odorous material remains in garbage
diversion
■ Increased contamination in blue box and green
Reduces Waste Generafion?
bin programs
* Flexibility
■ Higher processing cost and lower revenue for
Collection cost savings as
single stream recycling
fewer trucks required
■ Significant change for residents — more
confusion
no
■ Not a best practice
Week 1 Week 2
■ Potential significant funding shortfall by reduced
sli htl
rbage tipping fee revenues ($1.4 million /yr)
c No
Analysis of Various Programs $IMCOE
Collection Method Analysis
2072
Budget
costs
Baseline
Option 7
Option 2
Option 3
Option 4
Option Sa
Option Sb
Biweekly
Garbage &
Rec clin
PAYT
Bag Tag
Increase
Fixed One
Ba limit:
Clear Ba
Biweekly
GaNa a
Reduces Waste Generafion?
no
no
yes
no
sli htl
Increases Waste Diversion?
no
sli htl
sli htl
sli htl
oteniial for increased illegal dumping?
no
no
tem
and
tem r
tem minor and
and
temporary minor
temporary
tem
niici aced Customer Service raps cts:
very
nifcant
minor and
tem
tem minor and
nificant
very
nifcant
very
nifcant
niici ated Waste Facility im acts:
very
nifcant
veryar
nifcant
very
nifcant
stimaied diversion rate:
�50T
59%
stimaied total cost per household:
$ 1fi1.60
$ 753.25
$ 1fi0.1fi
$ 152.fi4
$ 150.35
$ 136 14
17
Page 96 of 189
17
Page 96 of 189
11 b) - Mayor H.S. Hughes, re: County of Simcoe Waste Managern
Option 6 - Uniform Collection 1011117Y0E-�,
Service Seasonal Collections $IMCOEs
The WMS recommended that the definition of an `eligible' unit be re-
examined, particularly with respect to seasonal areas.
■ Historically, the County has provided curbside collection only on roads
which received service prior to County assumption of waste management.
■ Provide service to seasonal areas using specialized vehicles in order to
service small and difficult to access roads.
• Some seasonal roads use a common collection point where their road
meets an accessible route; however, without "ownership of waste" these
units were not eligible for the green bin program and have remained at a
two bag limit.
• Would require that all highly seasonal areas receive waste collection
service early in the week.
- Islands and roads unable to be accessed even by a smaller truck would
require direction for one of the following scenarios:
■ No collection service & removal of tax levy
■ Permit system (similar to some areas of Severn)
Option 6 - Uniform Collection Service CUUN7YOF
Industrial, Commercial & Institutional SIMCOE�
Industrial. Commercial & Institutional (I
• The County has legislated authority to provide waste collection
services to residential locations with up to 5 units /location
• The County generally continued with same level of IC &I service as
was provided by each local municipality prior to 1990 (significant
disparity)
• 2007 direction to "maintain the status quo" in IC &I sector
• WMS recommended that collection services (including diversion
programs) be provided where REASONABLE
• Currently the list of locations that are serviced is incomplete and there
is much disparity between what is on the listing and what is actually
receiving collection. Status quo is unknown in most cases.
• The bag limits for locations currently receiving service are also an
area of inconsistency, ranging from 2 bags to almost unlimited
• The current system is inequitable and does not encourage
diversion in the IC &I sector.
.;
Page 97 of 189
11 b) - Mayor H.S. Hughes, re: County of Simcoe Waste Managem...
Option 6 - Uniform Collection Service Indust ,. ,,
Commercial & Institutional SIMCOE y
Need direction to ensure an equitable system
Provide collection services where REASONABLE
• Must be simple for collections staff to adhere to
• Consider if there are sectors to include /exclude
• Consider in conjunction with a maximum bag limit
Improve access to diversion programs
■ Consider mandatory diversion bylaw ie in order for garbage to be
collected location must actively participate in curbside diversion
programs
Option 6 - Uniform Collection t.
Service S1MC`OE
AW
PROS
Truly uniform collection
service
Provide curbside diversion
programs where currently
not provided
Increase waste diversion
rates in the seasonal &
IC &I sectors
Potential increase in
recycling revenues
CONS
Some increased cost for
provision of recycling & organics
bins
Diversion and waste generation
rates of the majority of the
populace would not be impacted
Islands and limited # of
inaccessible roads would
continue to not be serviced
IC &I difficult to enforce without
maximum bag limit
Page 98 of 189
19
11 b) - Mayor H.S. Hughes, re: County of Simcoe Waste Managern
Option 7- Maximum Bag COUNTYOF-_
SIMCOE y
Establish a limit to the number of tagged bags placed out
for curbside collection
■ Currently there is no limit to the number of tagged bags collected
Those who choose not to participate in the County's diversion
programs or just produce larger than normal amounts of garbage
can simply affix tags to multiple bags of garbage
Minor issue in residential sector but major issue in the IC &I sectors
Examination of data indicates that a reasonable maximum number
of bags per property is 10.
Option 7- Maximum Bag COUNTY`
SIMCOE y
PROS
Uniform service
Makes a statement that
waste management is
taken seriously
Increased incentive to
reduce waste generation
& increase diversion in
locations producing
excessive waste
Potential increase in
recycling revenues
Reduced garbage to
CONS
Short term Customer Service
impacts
Diversion and waste
generation rates of the majority
of the populace would not be
impacted
Some larger generators will be
required to source private
service
Page 99 of 189
ME
11 b) - Mayor H.S. Hughes, re: County of Simcoe Waste Managem...
CUUNTY ()F
Option 8 - Tag Mail Out SIMCQE ^
Municipality mails residents a prescribed number of tags
annually to each household
• Essentially a variation on our existing partial user pay program
• Every bag of garbage placed at the curb must have a tag in
order to be eligible for collection
Once residents use all 'free' tags would then purchase remainder of
tags for the balance of the year
• Does not reduce waste generation or waste diversion rates
unless there is a significant reduction in the number of tags
provided from the current one eligible bag /week.
l
C.11IYTY ()F
Option 8 - Tag Mail Out SIMCOE y
PROS
Can encourage increased
diversion if the number of
tags provided is restrictive
Flexibility: ability to
purchase more tags if
necessary
CONS
Mail out of tags is extremely
difficult — many logistical issues
Local municipalities would be
responsible for mail out as the
County does not have access
to the tax roll information
Potential for undesirable results
in seasonal areas as can use
year supply of tags over
summer
Significant cost impacts for
Customer Service and
enforcement
Page 100 of 189
21
11 b) - Mayor H.S. Hughes, re: County of Simcoe Waste Managem...
--t-
1011T11111
Option 9 - RecycleBank SIMCOE ^y
- :.� ==;z
RecycleBank helps create a more sustainable future by
rewarding people for taking everyday actions with discounts and
deals from rewards partners
The program provides an incentive to increase recycling
participation and capture rates through a reward points program.
■ Has had significant success in some US cities where recycling programs
and waste management legislation in general is different than Ontario.
■ 300 communities, 2 million served
chi �
r-
Information and data regarding RecycleBank is subject to change
tn��NTY trr
Option 9 - RecycleBank S1MCDE--!"1
■ The program works by measuring the amount of material each home
recycles at curbside then issuing Recyclebank points based on the
amount of material collected.
R
RlL9
VON
Recycle Earn --+ Reward
■ The points can be used at participating national reward partners and
local retailers such as:
Information and data
k is subject to
Page 101 of 189
22
11 b) - Mayor H.S. Hughes, re: County of Simcoe Waste Managem...
PROGRAM MODELS
ITS"`• f\
SrMCO,E y�
INDIVIDUAL
RFID +Truck Scales RFIDorGPS
None
No No
Yes
AM $$$ $$
$
45
Program Components
SIMCOOF y �
... "RIM .�...
Implementation Installation
n/a
• Asset Roll -Out
Marketing Welcome Letter
Community Events
• Subscription Mailer
Bill Inserts
• Phone Outreach
Local Advertising
• Community Launch
Email Newsletters
• Local Events
Ongoing Promotions
Customer Care Subscription Calls
Support Calls
• Program Queries
Rewards Orders
• Customer Support
Data & Insights Address Initialization
Data
• Data Standardization
Aggregation /Analysis
• Metrics /Performance
Reporting
• Member Insights
Rewards Partner Enrollment
Partner Maintenance
• Rewards Fulfillment
• Redemption tracking
Account Management Client/Partner Relations
Client /Partner Relations
23
Page 102 of 189
11 b) - Mayor H.S. Hughes, re: County of Simcoe Waste Managern
Option 9 - Recyclebank
SIMCOE .�
Cost:
Waste Levy ($ /hh /yr)
Baseline
$149.25
RecycleBank
$165.20
Bag Tag Cost ($ /hh /yr)
$4.00
$4.00
TTL Cost ($ /hh /yr)
$153.25
$169.20
Diversion Rate
46%
50%
(% estimated)
cn+avn'ty - -r
Option 9 - Recyclebank SimcoE y
--10 M
PROS
Rewards waste diversion
Potential increase in waste
diversion
CONS
Significant Cost
Logistics — provision of RFID
tags, implementation,
maintenance
No change in waste generation
rates
Increased promotion &
education costs at
implementation
Increased staffing requirements
for contract management an
Customer Service
Page 103 of 189
V :!
11 b) - Mayor H.S. Hughes, re: County of Simcoe Waste Managem...
Option 10 - Expansion of Blue t-0�� ----- 11\ Box Program SIMCOE,�
The WMS recommended that the County take direct
control for the processing of blue box materials
■ Would allow for increased efficiencies and better facilitate
program changes (including the expansion of items collected)
Recently North American markets for some plastic
materials have improved significantly
■ Staff estimates that the inclusion if some additional plastics to
the County's blue box program would result in an approximate
3.6% increase in blue box tonnages
Option 10 - Expansion of Blue tu1l;
Box Program S1MC`OE y
PROS
Potential increase in
waste diversion
Decreased
contamination rates
Increased revenues from
recycling tonnages
CONS
Promotion and Education
Costs
Does not decrease waste
generation
La— aaLak moll
Page 104 of 189
25
11 b) - Mayor H.S. Hughes, re: County of Simcoe Waste Managern
Option 11 - Increase Recycling COUNT �--- ,�
Container Capacity SIMCOE S
The Blue Box Program Enhancement and Best Practices
Assessment Project states that if sufficient container capacity
is not provided to match the set out volume and frequency of
collection, then there is the potential that additional
recyclables might be placed in the garbage ".
Data indicates that County residents containers are at or near
capacity when set out
• Paper fibres boxes full 94% of the time
• Blue boxes for containers stream full 89% of the time
Should be consider provision of larger blue boxes in
conjunction with expansion of blue box program �M
Option 11 - Increase Recycling tom` �\
Container Capacity SIMCOE y
r m FM
PROS CONS
Some increase in capture Cost of bins and delivery
rates No decrease in waste
Some increase in waste generation rates
diversion
50% funding for new bins
if done in conjunction with
new plastics
Page 105 of 189
i
11 b) - Mayor H.S. Hughes, re: County of Simcoe Waste Managem...
COUNTY OF
Summary $IMCOE ^y
In the approved Item CS 11 - 042 Establishing a per
Capita Waste Reduction Target, staff noted that a
miniumum 1 % per capita /year reduction in waste
generation would not be easily achieved.
• Changing behaviors with respect to avoiding disposable and
convenience (single -use) items takes time and commitment.
• Requires an incentive based program to reduce waste in
conjunction with long -term promotion and education to
successfully achieve and maintain.
--
r
C(IUNTYOF �
Requirements �-
for September SIMCOE y
Provide direction on one or more of the following options:
• Option 1 — Pay As You Throw
• Option 2 — Status Quo with Tag Increase
• Option 3 — Fixed One Bag Limit
• Option 4 — Clear Bag Program
• Option 5a — Bi- weekly Garbage Collection (split county in halt)
• Option 5b — Bi- weekly Garbage & Recycling Collection (split county in halo
Provide direction for each of the following items:
• Option 6a - Uniform Collection Service — Seasonal
• Option 6b - Uniform Collection Service — IC &I
• Option 7 - Maximum Bag Limit
• Option 8 - Tag Mail Out
• Option 9 - Recyclebank
• Option 10 - Expansion of Blue Box Program
• Option 11 - Increase Recycling Container Capacity
27
Page 106 of 189
11 d) - Councillor Crawford re: Lakeshore Road East and Line ...
11d) Councillor Crawford re: Lakeshore Road East and Line 7 South Intersection.
Councillor Crawford's speaking notes:
Lakeshore Road East — resident requested the stop sign to the lake side of Line 7 and a
yield sign to be added to Lakeshore Road East.
Discussion with Jerry Ball, Director of Transportation and Environmental Services prior
to bringing item to Council, went back to resident and explained that staff would not
support it. Resident made a request that this goes forward to Council.
Council directed staff to not proceed with a staff report.
Page 107 of 189
12b) - Correspondence dated August 4, 2011 from Sharon Goerk...
August 4, 2011
Township of Oro - Medonte
148 Line 7 South
ORO, Ontario
LOL 2X0
TOWNSHIP OF SEVERN
THE CORPORATION OF THE TOWNSHIP OF SEVERN
P.O. Box 159, Orillia, Ontario, L3V 6J3
ATTENTION: Doug Irwin
Director of Corporate Services /clerk
Dear Mr. Irwin:
RE: Common Interest Committee
AUG 1 2 2011
ORO- MEDONTE
Council at their meeting held August 4, 2011, enacted the following resolution:
" THAT Administration Report No. A11 -037, dated July 8, 2011, with respect to
the Common Interest Committee be received;
AND FURTHER THAT Resolution No. 000203 -24, dated February 3, 2000,
which adopted a Committee with area municipalities to discuss issues of mutual
interest be and it is hereby rescinded.
CARRIED "
A copy of the aforementioned report in attached for your reference.
Yours truly,
Sharon R. Goerk , CMO
Deputy Clerk
/mph
Municipal Office: 1024 Hurlwood Lane
Telephone: (705) 325 -2315 Fax: (705) 327 -5818
Email: severn@encode.com Web Site: www.townshipofsevern.com
Page 108 of 189
12b) - Correspondence dated August 4, 2011 from Sharon Goerk...
Report A11 -037
TO: Mayor and Members of Council
FROM: W. Henry Sander
Chief Administrative Officer
DATE: July 8, 2011
RE: Common Interest Committee
Recoi a drnrc' eidati twin
THAT ADMINISTRATION Report A11 -037, dated July15, 2011 regarding the Common
Interest Committee be received;
AND FURTHER THAT the Common interest Committee Bylaw be repealed.
Background
At a recent Common Interest Committee meeting a review of the original Terms and
Reference for the Common Interest Committee was conducted. It was noted during the
meeting that other mayors of municipalities within Simcoe County have meal meetings
on an adhoc basis to discuss items of a common interest to them. After considerable
discussion the Common Interest Committee has decided to repeal the Terms and
Reference Bylaw for the Common Interest Committee and move to meal meetings.
Financial Impact
The is no financial impact to this report.
Respectf y submitted,
W. Henry S der
Chief Admi istrative Officer
SEVER TOWNSHIP I
COUNCIL AGENDA I
AUG042011
......................
1 M ®TIoN N0....... .................
Page 109 of 189
12c) - Correspondence received August 23, 2011 from Don Head...
fie- vi.s%�a►��►�cJ
It gives me great pleasure to call upon all Mayors, Chiefs, Reeves, Councillors and community leaders from across
Canada to proclaim Restorative Justice Week 2011. The Correctional Service of Canada (CSC) has been an
active partner in the restorative justice community for more than a decade and has been proud to provide
leadership to the annual celebration since 1996.
Restorative Justice Week 2011 will be held in Canada, and throughout the world, from November 13th - 20th for the
purpose of sharing the concrete learning and results that have come from the growing experience of practitioners
and stakeholders in the application of a restorative justice approach and processes.
The theme this year is "Re- visioning Justice ". This theme calls upon all of us to envision how a restorative justice
approach can be applied and implemented within existing systems. It is a challenge to the health care systems,
educational systems, justice systems, correctional systems, and all other systems and /or levels of government, to
be creative and innovative in looking at 'justice' through a restorative justice lens.
Municipal recognition of Restorative Justice Week increases from year to year. In 2010, 378 municipalities across
Canada proclaimed Restorative Justice Week; an increase of 130% from 2009. In addition, the provinces of Nova
Scotia, Manitoba, Saskatchewan, and British Columbia proclaimed the Week. Restorative Justice Week was also
celebrated in at least 19 other countries. This year, with your support, we hope to build on this success. Here are
some ideas of things you could do as leaders in your community:
• Declare / proclaim Restorative Justice Week 2011. We have included with this letter a copy of the
proclamation. A printable version can also be found on our website:
www .csc- scc.gc.caitext/r* /rj2011 /genproc- eng.shtml;
• Host a town hall meeting to promote an awareness of how restorative justice is expressed in your
communities;
• Challenge your community partners to create a local planning committee for Restorative Justice Week 2011
activities;
• Invite a guest speaker from your community, who is involved in restorative justice, to share their perspectives.
Should you require someone to talk to your city council or if you would like more information, please contact CSC's
Restorative Justice Division at restorative iustice (a)csc- scc.gc.ca. Please fax a copy of the proclamation or the
minutes of the meeting declaring /proclaiming Restorative Justice Week 2011, as well as your contact
information, to (613) 943 -2171.
For more information on Restorative Justice Week 2011 and available resources, or to let us know if your city, town
or village is planning an event, visit www.csc- scc.gc.ca /text/ro /index - eng.shtml. Not only will your Restorative Justice
Week event be posted online, it will also be published in the Restorative Justice Week National Report.
Don Head
Commissioner
Correctional Service Service correctionnel
Canada Canada
RE E®
AUG 2 3 1011
ORO- MEDONTE
TOWNSHIP
Canada
Page 110 of 189
12c) - Correspondence received August 23, 2011 from Don Head...
e- VLSLOKi kAC%
IV fEV_E,,4S, in the face of crime or conflict, restorative justice offers a philosophy and
approach that views these matters principally as harm done to people and relationships; and
U&EP,f,XS, restorative justice approaches strive to provide support and opportunities for
the voluntary participation and communication between those affected by crime and conflict
(victims, offenders, community) to encourage accountability, reparation and a movement
towards understanding, feelings of satisfaction, healing and a sense of closure; and
`W.- LEAS, this year's theme for Restorative Justice Week is Ve- visioning Justice , it is
an opportunity to learn about restorative justice, educate and celebrate along with other
communities across the country during the week.
VIEUTFOU, I,
(Title and Name),
do here6y
proclaim Novem6er13 - Yovem6er20, 2011 as &storative7ustice Weekin the
Of
(type of municipality) (name of municipality)
Page 111 of 189
12d) - Correspondence dated August 22, 2011 from Dawn MCAIpi...
DIRECT LINE (705) 739 -4291
FAX. (705) 739 -4292
August 22, 2011,
The GO of
�
, MTC1I THE CORPO RATIOF BARRIE
City Clerk's Office
Court Services Branch
"Committed to Service Excellence"
All Catchment Area Partners
Barrie and Orillia Court Service Area
Dear Catchment Area Partner
45 CEDAR POINTE DRIVE
BARRIE, ONTARIO L4N 5R7
File: P00 — -POA Partners
Pursuant to Section 6 (e) of the Inter - Municipal Service Agreement (IMSA) entered into on or
about the 9'h day of June 1999, please be advised that the City of Barrie is pleased to be
providing the Catchment Area Partners with a change in service levels.
The Attorney General by way of our local Crown Attorney's office has recently confirmed that as
the Municipal Partner, the City of Barrie has authority to prosecute offences under the Fire Code
and the Fire Protection and Prevention Act on its own behalf and on the behalf of the Catchment
Area Partners, in accordance with the Transfer Agreement. As a result, the City of Barrie will
provide the administration, court support and prosecution services relating to proceedings Commenced
under the Fire Code and the Fire Protection and Prevention Act effective September 1, 2011 with no
separate fees being charged for prosecutorial services.
The City of Barrie will also provide Third Party Collection Services for all outstanding, past due
by -law files held by the City of Barrie on behalf of all Catchment Area Partners to enforce their
payment. Such collection and enforcement shall be carried out in accordance with section 165
of the Provincial Offences Act, section 304 of the Municipal Act, the Transfer Agreement and the
Inter- Municipal Service Agreement. As the cost of third party collections is recoverable from the
defendant, this service is anticipated to have a positive impact on revenues for all partners with
Outstanding by -law fines.
The City of Barrie confirms that the Inter - Municipal Service Agreement and Transfer Agreement
are in full force and effect, unchanged except for the increased level of service being provided.
Each Catchment Area Partner is asked to acknowledge receipt of this information along with the
service information details. Written acknowledgement and concurrence with same is required to
be received by the Service Partner prior to the services being provided.
If you have any questions, please contact either Rodger Bates, Manager of Court of Services at
705- 739 -4220 ext. 4432 or the undersigned at 705- 739 -4220 Ext. #4421.
Sincerely,
Dawn Mc (pine
City Clerk
"THE PEOPLE ARE THE CITY"
Page 112 of 189
12d) - Correspondence dated August 22, 2011 from Dawn McAlpi...
Service Information Details
Details of FPPA and Fire Code prosecution matters — Auaust 22. 2011
The Catchment Area Partner will retain the right to proceed with obtaining private prosecution of
any Fire Protection and Prevention Act or Fire Code charge arising from an occurrence within
their municipal boundaries. All costs of such private prosecution will be borne by the Catchment
Area Partner and not form any shared expense within the terms of the Inter - Municipal Service
Agreement.
The Catchment Area Partner acknowledges and agrees to notify the Municipal Partner (Manager
of Prosecution Services) if they chose to retain private prosecution services.
Details of current collection activity on unpaid past due fines— August 22 2011
The Municipal Partner will utilize the Court Administration Management System (CAMS) software
solution for administering collection activity for all outstanding past due Provincial Offence by -law
fines for all Catchment Area Partners.
The Municipal Partner will submit all outstanding past due by -law fines for all Catchment Area
Partners in the same manner as all other outstanding past due Provincial Offence fines.
Approved fees for collection services will be added to all outstanding past due by -law fine
amounts prior to being submitted to a third party agency for collection in accordance to the third
party collection agency agreements.
All reasonable attempts will be made by the third party to collect the costs of collection as part of
the total outstanding fine amount. All partners acknowledge and agree any unrecoverable costs
of collection will form part of the ongoing operational costs and will be shared by all Catchment
Area Partners as per the Inter - Municipal Service Agreement.
All partners acknowledge HST amounts are applicable to but not yet recoverable on collection
costs and as such will form part of the ongoing operational costs and will be shared by all
partners as per the Inter - Municipal Service Agreement.
The Catchment Area Partner will retain the right to proceed civilly in the Civil Courts with any of
their own unpaid past due by -law fine matters. All costs of any civil action in these circumstances
will be borne by the Catchment Area Partner and not form any shared expense within the terms
of the Inter - Municipal Service Agreement.
The Catchment Area Partner acknowledges and agrees to notify the Municipal Partner if they
chose to proceed in the Civil Courts with a file prior to proceeding civilly so the file may be
retracted for the third party agency and any additional collection costs not be borne by all
Catchment Area Partners.
Page 113 of 189
13a) - Correspondence dated August 16, 2011 from Steve Charb...
t IN �ii 1, 1 F Q7
North Barrie Elementary
Simcoe Muskoka Catholic District School Board
46 Alliance Boulevard Barrie, ON 1_4M 5K3
Telephone: 705. 722.3555 Fax: 705. 722.6534
www.smcdsb.on.ca
August 16, 2011
Township of Oro - Medonte
148 Line 7 South
Oro- Medonte, ON LOL 2X0
Telephone: 705.487.2171
Email: irfo@oro- medonte.ca
SIAICOR MUSKOKA CATHOLIC
DISTRICT SCHOOL BOARD
RE: Municipal Representation Reauested
SMCDSB North Barrie Elementary School Pupil Accommodation Review Committee & Process
Dear City Clerk, Mayor and Members of Council:
The Simcoe Muskoka Catholic District School Board is seeking Municipal representation for the North Barrie
Area Elementary School Pupil Accommodation Review Committee (PAC). This Committee will meet regularly
between fall 2011 and spring 2012. The details pertaining to this Committee are as follows:
At the regular Board meeting of June 8, 2011, the Board approved the following recommendation:
"That the Board approve the fonnation of a Pupil Accommodation Committee for the North Barrie
Elementary Schools which Include; St. Monica's, Monsignor Clair, Sister Catherine Donnelly, St.
Marguerite d'Youville, St. Mary's Baffle, and The Good Shepherd."
The Board's Pupil Accommodation Review Policy and Procedures LE -14 prescribe the study process that the
North Barrie Area Elementary Area Review will follow, and is based on the Ministry of Education's Guidelines
which can be found on the Simcoe Muskoka Catholic District School Board's web -site at
http: /Ismcdsb.on.calcommunity /pupil accommodation review /.
The Mandate of the Pupil Accommodation Review Committee (PAC) is to provide a structured consultation
process with full local community involvement, based on a specific Terms of Reference. The PAC will be
responsible for representing the interests of the school and providing input, both as individual members & as a
Committee. The PAC will attend Working Group & Public Meetings. The work of the PAC will end once the
Committee submits the PAC School Accommodation Report to the Director of Education.
The Pupil Accommodation Review Policy provides for the following membership on the PAC:
* One or more Trustees
* Appropriate Board Staff
* From each affected school;
• The school principal or designate
• One teacher
• One non - teaching staff member
• Three parents, one of whom will be the school council chair or designate
' Representative from local parish (parish priest or representative)
* Municipal Councilor or delegate to be invited by the PAC
' Member of the Business Community to be invited by the PAC
At this time, we are seeking representation from the City of Barrie. Please contact me by September 9, 2011 in
order to confirm your representation, as we have a detailed timeline to follow. On behalf of the Simcoe Muskoka
Catholic District School Board, we appreciate your consideration and look forward to speaking with you.
Yours
Steve Charbonneau
Superintendent of Schools — Elementary
Our Vision: We are a faith-filled Catholic leaming community dedicated to excellence
Page 114 of 189
13b) - Correspondence dated August 18, 2011 from Michelle Hu...
Severn Sound Environmental Association
67 Fourth Street
Midland Ontario L4R 3S9
- Tel: 705 - 527 -5166 Fax: 705 - 527 -5167
Email: mhudolin(Dmidland.ca Web -site: www.severnsound.ca
August 18, 2011
Mayor Hughes & Council:
Re: Early Response Funding Available for Projects to Protect Municipal
Water Sources in the Severn Sound Source Protection Area
Severn Sound Environmental Association has begun to promote and deliver the Ontario
Drinking Water Stewardship Early Response funding program in our area, which
includes vulnerable zones near the Horseshoe Highlands, Medonte Hills, Robin Crest,
Sugarbush and Warminster municipal water systems.
Who is eligible for Early Response grants?
Only property owners with conditions or activities on their property (as identified in the
Source Water Protection Assessment Report) that could pose a significant threat to a
municipal drinking water source are eligible to apply for funding.
To confirm eligibility and discuss potential project(s), grant rates, and conditions, contact
Michelle Hudolin at Severn Sound Environmental Association (705- 527 -5166 x 202).
What types of projects are eligible for Early Response grants?
Projects must remove or reduce a significant threat to municipal water sources.
Project Type
Grant Rate **
Maximum Grant
Wells:
80%
$4,000
• Upgrade existing water well
• Seal and cap abandoned /unused water well
• Connect to municipal water service (where available)
$8,000
and decommission existing well
Septic Systems:
80%
$7,000
• Septic tank pumping and inspection
(conventional system)
• Upgrade /repair or replace existing system
$15,000
(advanced system)
$14,000
• Connect to municipal sewer line (where available) and
decommission existing septic system
Runoff & Erosion Protection
25 -70%
$1,500 to $60,000
(primarily foragricultural properties)
(depends on project)
(depends on project)
Other Approved Risk Management Measures
80%
$80,000
Such as improved storage & management of:
• Pesticides & commercial fertilizer
• Fuel, solvents & dense non - aqueous phase liquids
• Road salt
Conditions apply. Total value of all projects on property must be less than $100,000.
** Grant rate is 50% for a business with more than 500 total employees or a municipality with more than 20,000 residents.
Page 1 of 2
Page 115 of 189
13b) - Correspondence dated August 18, 2011 from Michelle Hu...
Other important notes about the Early Response Program
• Projects must be voluntary. Mandatory septic pump -outs and inspections, or
repairs /upgrades that a property owner has been ordered to undertake, or other
projects initiated because of legal requirements are not eligible for Early Response
grants.
• Projects initiated, or expenses incurred before Early Response funding is
approved will NOT receive grants.
• Approved projects must be complete and all required documents submitted before
December 1, 2012.
• Funding is limited. The Early Response program ends in December 2012, or
sooner, if all grant funds are spent before this deadline.
Please contact me (705- 527 -5166 x 202) with any questions you may have about the
Early Response program.
Sincerely,
m4i��
Michelle Hudolin
Wetlands & Habitat Biologist,
Severn Sound Environmental Association
Page 2 of 2
Page 116 of 189
13c) - Correspondence dated August 18, 2011 from Angela Coun...
August 18, 2011
ONTARIO RECYCLING
156 DISCO RD
TORONTO, ONTARIO
M9W 1M4
Ph: 416-213-0444 Fax: 416-213-9684
Attn: Mayor, Council, and Planning Staff Township of Oro Medonte
Re: 18 Small Cres — Ontario Recycling Faciltiy
Ontario Recycling has expended significant effort and resources to date to do this
project and we were hoping that the Township approval process could have been a lot
more efficient and cost effective so we could have already completed construction and
begun operations. Ontario Recycling was committed to proceeding with this project. We
have used a reputable and experienced engineering firm (Conestoga- Rovers &
Associates) to prepare the design and all submittals, and we have been open with the
Township and the public as demonstrated by the January 2011 public meeting and
numerous subsequent discussions and correspondence.
Ontario Recycling wants to proceed with this development but the Township
approval charges have become too much and we haven't been able to start construction
yet, almost a full year after the original application. It now is too late to complete
construction in 2011. The MOE review and approval process for three Certificates of
Approvals that have been finalized and issued was much more effective and efficient.
These C of As govern all aspects of Facility operation and the MOE's approval
demonstrates the adequacy of the Facility plans.
As indicated to the Township previously, we believe that the
Township/ engineering charges above the $5,000 deposit are not reasonable. This
determination is based on additional, different comments being provided that should
have been provided in one first set of comments. Addressing each of the four sets of
comments received as they were made has delayed the process and caused Ontario
Recycling to incur unnecessary costs by providing revised drawings and then having to
revise them all over again for a few minor comments. This approach has been
unnecessary, unproductive and inefficient and all at Ontario Recycling's expense.
For future costs, Ontario Recycling should have the right to review charges for
reasonableness before they are incurred and the Agreement should reflect this review
process. It's not reasonable for the Township to solely make this determination when
Ontario Recycling is paying for it. Furthermore everything being submitted is coming
from Conestoga- Rovers & associates (reputable company) directly and /or the Ministry
of the Environment (provincial government).
Page 117 of 189
13c) - Correspondence dated August 18, 2011 from Angela Coun...
Additionally, we have reviewed the Site Plan requirements for a cost estimate on
which to base a Letter of Credit for Facility features such as Landscaping, Drainage,
Culvert, Driveway Access /Roadway Internal Roadways and Parking Areas, Fencing,
Lighting and Municipal Services (Street Lighting, Road Construction, Sewer, Water,
Sidewalk, Traffic Signage). Based on cost estimates that we have prepared with CRA, we
estimate that in strict accordance with Township requirements the Letter of Credit
should be on the order of $100,000 not even including Site road and parking lot paving.
This additional outlay of funds before construction can proceed, is the last straw and
makes this project a no go from Ontario Recycling's point of view. Ontario Recycling
has demonstrated our commitment to design, permit, build, and to operate this Facility
in a proper manner in accordance with all laws and requirements. Ontario Recycling
will agree to provide a security deposit in the amount of $25,000 for the project, to be
returned upon completion of Site landscaping. This is so that we can afford to
proceed with construction and operation rather than having more monies set
aside not doing anything.
If these changes to the Agreement are not made then Ontario Recycling has no
choice but to stop this project.
Angela County
Ontario Recycling
Cc d Fred Taylor
Conestoga- Rovers & Associates
Page 118 of 189
13c) - Correspondence dated August 18, 2011 from Angela Coun...
APPENDIX "A"
SITE PLAN AGREEMENT
- between -
2133005 ONTARIO LIMITED
-and -
THE CORPORATION OF THE
TOWNSHIP OF ORO- MEDONTE
DESCRIPTION OF LANDS
PART OF LOT 16, CONCESSION 14, ORO, PARTS 6 & 7,51R19270;
BEING ALL OF PIN 58548 -0082 LT
Roll # 4346 - 010 - 005 - 201580
II;e]h9,M:IIZe]ffe]Y619 h I=19I6Pk9
COUNTY OF SIMCOE
June 2011
By -Law No. * * **
Page 119 of 189
13c) - Correspondence dated August 18, 2011 from Angela Coun...
THE TOWNSHIP OF ORO- MEDONTE
SITE PLAN AGREEMENT
TABLE OF CONTENTS
Section 1
Covenants by the Owner
Section 2
Covenants by the Township
Section 3
Development Restrictions
Section 4
Development Changes
Section 5
Security
Section 6
Compliance
Section 7
Co- operation
Section 8
Binding Effect
Section 9
Severability of Clauses
Section 10
Save Harmless
Section 11
Certificate of Approval
SCHEDULES
Schedule "A"
Legal Description of Lands
Schedule "B"
Site Plan
Schedule "C"
Deeds and Easements to be Conveyed
Schedule "D"
Itemized Estimate of Cost of Construction
z
Page 120 of 189
13c) - Correspondence dated August 18, 2011 from Angela Coun...
SITE PLAN CONTROL AGREEMENT
This Agreement made, in triplicate, this day of 2011, in
accordance with Section 41 of the Planning Act.
BETWEEN: 2133005 ONTARIO LIMITED.
Hereinafter called the "Owner"
LY-11 4VA61ara:11111191 iaaLY-11 it
-and-
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Hereinafter called the "Township"
PARTY OF THE SECOND PART
WHEREAS the Owner has applied to the Township of Oro - Medonte to permit the
establishment and operation of Waste Disposal Site (Processing and Transfer) to be
used for the receipt, processing, temporary storage and transfer of solid, non - hazardous
construction and demolition waste described in Schedule "A ", attached hereto;
AND WHEREAS the Township has enacted a By -law to provide for the designation of the
lands as a "Site Plan Control Area ":
AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan
attached hereto as Schedule "B ":
NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual
covenants hereinafter contained, the parties hereto hereby covenant and agree as
follows:
Page 121 of 189
13c) - Correspondence dated August 18, 2011 from Angela Coun...
1. COVENANTS BY THE OWNER
The Owner covenants and agrees as follows:
a) The Owner owns the subject lands described in Schedule "A ", attached hereto,
and has provided the Township with a Registered Deed containing the legal
description of the subject lands.
b) This Agreement may be registered against title to these subject lands and shall
take priority over any subsequent registrations against the title to the subject lands.
C) No work shall be performed on the lands, nor any use made of the subject lands
with respect to the proposed development, except in conformity with all the
provisions of this Agreement.
d) The Owner shall, prior to the execution of this Agreement, obtain all necessary
permits and approvals from the Township and from all Ministries and Agencies,
including, but not limited to, the Ministry of the Environment. The Owner has
obtained three final Certificates of Approval (Waste /Air /Stormwater) from the MOE
to govern operations of the Waste Transfer and Recycling Facility. The Township
provided comments to the MOE on draft C of As and these comments were
incorporated in the final C of As.
e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes
and charges related to obtaining the approval of these lands for the intended use.
f) The Owner shall pay a refundable deposit for such reasonable costs as may be
involved to the Township in having its solicitor, engineer, planner and staff, perform
any work in connection with this Agreement, including the preparation, drafting,
execution, and registration of this Agreement. The Owner acknowledges and
agrees that the Owner shall be responsible for the cost of performance of all the
Owner's obligations hereunder, unless the context otherwise requires. Every
provision of this Agreement, by which the Owner is obligated in any way, shall be
deemed to include the words "at the expense of the Owner ", unless specifically
stated otherwise. The refundable deposit for expenses and actual cost shall be
$5000.00. The Owner shall replenish the refundable deposit, to its full amount,
when the expenses and actual costs are submitted by the Township. The Owner
reserves the right to approve reasonable costs before they are incurred.
g) The Owner shall have delivered to the Township, all Transfers /Deeds, Discharges
and Easements, or other documents required by Schedule "C ", as well as
certification from the Owner's solicitor that the Transfer /Deeds and Easements
shall provide the Township with good title, free and clear from all encumbrances.
h) The Owner agrees that prior to issuance of a Building Permit, a Sewage System
Permit approval must be received by the Township 4iRi°+.., of the F...,,.,..... PRt
2. COVENANTS BY THE TOWNSHIP
The Township covenants and agrees as follows:
a) That the Township has enacted a By -law to permit only the establishment and
operation of a Waste Disposal Site (Processing and Transfer) to be used for the
receipt, processing, temporary storage and transfer of solid, non - hazardous
construction and demolition waste (wood, concrete, drywall, glass, metals, asphalt,
insulation, styrofoam, plastic, cardboard) described on the Site Plan.
b) That the Township agrees that subject to compliance by the Owner with all
relevant Municipal By -laws and Provincial Statutes and Regulations, the Owner
may proceed to develop the subject lands, as indicated on the Site Plan attached
hereto as Schedule "B ", subject to the development restrictions contained herein.
Page 122 of 189
13c) - Correspondence dated August 18, 2011 from Angela Coun...
3. DEVELOPMENT RESTRICTIONS
The Parties hereto acknowledge and agree that any use of the subject lands by the
Owner shall be on and subject to the following terms and conditions:
a) Site Plan
The use and development of the subject lands shall be in accordance with and as
set out on the Site Plan, attached hereto as Schedule "B ".
b) Lighting
All lighting systems installed outside, such as floodlights, shall be directed away
from any adjacent residential use and /or roadway, not to cause interference in any
way.
C) Parking Areas and Driveways
All parking areas and driveways shall be constructed in conformity with Sections
5.19 and 5.20 of By -law No. 97 -95, as amended, and the Ontario Building Code
Regulation #419/86, and such parking areas, loading, and access areas shall be
kept free and clear of snow and ice and kept adequately drained. All entrances
shall be constructed, as in Schedule "B" attached. The Owner agrees to obtain
all necessary approvals from the Ministry of Transportation, and
Township of Oro - Medonte.
d) Outside Storage
No outside storage shall be permitted between any buildings on the premises and
any street. Any other outside storage shall be contained in the uncovered storage
area , as identified on Schedule "B ".
e) Garbage Storage
The Owner agrees to provide suitable storage areas for garbage and waste, as
shown on the Site Plan, and to install and maintain litter containers in and around
development on the lands. All metal scrap and associated refuse contained in the
fenced compound shall be removed on a weekly basis.
f) Garbage Collection
The Owner acknowledges and agrees that any Industrial, Commercial and
Institutional (I. C. & 1) and multi -unit locations (six (6) units and over) will not
receive curb side waste collection services from the County of Simcoe. Each I. C.
& I location and multi -unit residential location will be responsible for their own
garbage and recycling disposal.
g) Landscaping
The Owner shall complete all landscaping and landscaped areas shown on the
Site Plan, attached as Schedule "B ", as soon as weather permits, and all grading
and sodding required, according to any Engineering drawings submitted, shall be
done on all lawn areas.
h) Erosion and Siltation Control
The Owner must take all necessary precautions to prevent erosion and
sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and
downstream prior to and during construction. The Owner agrees to maintain all
Page 123 of 189
13c) - Correspondence dated August 18, 2011 from Angela Coun...
erosion and siltation control devices in good repair until vegetative cover has been
successfully established.
i) Fire Routes
The Owner shall construct and maintain fire routes and signage for access for fire
fighting and fire fighting vehicles in conformity with the approved site plan attached
hereto as Schedule "B" to the satisfaction of the Fire Chief.
j) Debris on Township Streets
The Owner shall employ measures during the course of development such that
dirt, glass, paper or other rubbish or refuse is not deposited on any street in the
vicinity of the development by vehicles delivering materials to or removing
materials from the development or, if unavoidably deposited on any such street, is
removed as soon as practicable and the street restored to a clean condition.
k) Certificate of Approval -
The Owner is required to maintain compliance with Certificate of Approval number
4732- 89HR45 issued by the Ministry of Environment for the operation of a Waste
Disposal Site (Processing and Transfer) to be used for the receipt, processing,
temporary storage and transfer of solid, non - hazardous construction and
demolition (C & DO waste, generated within the Province of Ontario with no more
than 500 tonnes of water per day being accepted and no more than 850 tonnes of
waste being storage or present on the site at any time.
1) Lake Simcoe Region Conservation Authority
That the owner agrees to carry out or cause to be carried out the
recommendations and measures contained within the plans and reports as
approved by the conservation authority and the Township. That the owner shall
agree to ensure that all stormwater management facilities and sediment and
erosion control measures will be in place prior to any site alteration. That the owner
shall agree to engage a qualified professional to certify in writing that the works
were constructed in accordance with the plan, reports and specifications, as
approved by the conservation authority and the Township. That the owner shall
agree to ensure that a qualified company maintain the oil /grit separators in
accordance with the manufacturer's schedules.
4. DEVELOPMENT CHANGES
The parties acknowledge and agree that there shall be no changes to this Agreement or
the Schedules attached hereto, unless and until such changes have been approved by all
parties. It is the intention of the parties that material amendments to this Agreement be
properly recorded. Such amendments may take the form of a registered Amending
Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of
Confirmation, or notations on Engineering drawings. The nature of such record of
amendment shall depend on circumstances.
5. SECURITY
Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the
Township, to cover the faithful performance of the obligations of the Owner arising under
this Agreement, including but not limited to the construction of the works and services
identified in Schedule "D" to this Agreement (the "said Work "), the following securities:
6
Page 124 of 189
13c) - Correspondence dated August 18, 2011 from Angela Coun...
a) Cash in the amount of one hundred percent (100 %) of the estimated cost of the
said work, as approved by the Township Engineer and Township Council, or:
b) An irrevocable Letter of Credit from a chartered bank, issued in accordance with
the requirements of Schedule "E ", with an automatic renewal clause in the amount
of one hundred percent (100 %) of the estimated costs of the said works, and as
approved by the Township Engineer. The Letter of Credit shall be for a minimum
guaranteed period of one (1) year, or such time as the Township decides, and
shall be renewed automatically, as necessary, thirty (30) days prior to expiration.
G) The Township reserves the right to accept or reject any of these alternative
methods of providing securities. Prior to depositing the securities, the Owner's
Engineer shall submit an estimate of the cost of the works to the Township
Engineer for approval. When the cost estimate has been approved, it will be set
out in Schedule "D" of this Agreement and will become the basis for the limits of
the securities.
d) Any Letter of Credit or security filed with the Township is based upon the estimated
cost of completing the various matters prescribed by this Agreement. However, all
Letters of Credit and security received by the Township may be used as security
for any item or any other matter which, under the terms of this Agreement, is the
responsibility of the Owner, including without limiting the generality of the
foregoing, payment of engineering, legal, planning or other costs incurred by the
Township, which are the responsibility of the Owner, under the terms of this
Agreement.
e) Upon written notification by the Owner's agent, certifying that all required works
for which the Letter of Credit was submitted have been completed in accordance
with the plans submitted and upon confirmation by the Township or its agent that
the Owner's obligations under this Agreement have been completed, the
Township will return said Letter of Credit.
f) If in the event of default of the Owner under any of the provisions of this
Agreement, it becomes necessary for the Township to realize on its security or
deposits, then the Township shall give, by registered mail, twenty -one (21) day's
notice, its intent to draw down on the security or deposit.
,.WK@] I'd "Ell [d d
Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in
addition to and without prejudice to any security or other guarantee given on behalf of the
Owner for the performance of its covenants and agreements herein, and upon default on
the part of the Owner hereunder, the Township shall, in addition to any other remedy
available to it, be at liberty to utilize the provisions of Section 466 of the Municipal Act,
2001, S.O. 2001, c. 25, as amended.
The Owner consents to the registration of this Agreement by the Township, upon the title
of the subject lands, at the expense of the Owner and agrees to execute such further and
other documents, consents or applications, as required, for the purpose of securing
registration and giving effect to the provisions of this Agreement.
8. BINDING EFFECT
This Agreement, and everything contained herein, shall be binding upon the successors
and assigns of the parties hereto, and upon the lands described in Schedule "A ", attached
Page 125 of 189
13c) - Correspondence dated August 18, 2011 from Angela Coun...
hereto, such Schedule being a legal description of the lands, and it is further agreed that
this Agreement shall be prepared, approved and registered on title.
9. SEVERABILITY OF CLAUSES
Should any section, subsection, clause, paragraph, or provision of this Agreement be
declared by a Court of competent jurisdiction to be invalid, the same shall not affect the
validity of the Agreement as a whole or any part thereof, other than the provision so
declared to be invalid.
10. SAVE HARMLESS
The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save
harmless, the Township from and against any and all claims, suits, actions and demands
whatsoever, which may arise either directly or indirectly by reason of any work or service
performed by the Township, its servants or sub - contractors in order to complete the work
or services required to be completed under this Agreement, provided the subject matter
of such action, suits, claims or demands was not caused intentionally or through gross
negligence on the part of the Township, its servants or agents or sub - contractors.
IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals
under the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
) Owner: Colin Rutledge
)2133005 Ontario Limited
I have the ability to bind the Corporation
)
)
The Corporation of the
Township of Oro - Medonte
per:
H.S. Hughes, Mayor
J. Douglas Irwin, Clerk
Page 126 of 189
13c) - Correspondence dated August 18, 2011 from Angela Coun...
SCHEDULE "A"
NOTE: It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro - Medonte and 2133005 Ontario
Limited
LEGAL DESCRIPTION OF LANDS
PART OF LOT 16, CONCESSION 14, ORO, PARTS 6 & 7,51R19270;
BEING ALL OF PIN 58548 -0082 LT
Roll # 4346 - 010 - 005 - 201580
TOWNSHIP OF ORO- MEDONTE
COUNTY OF SIMCOE
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SCHEDULE "B"
NOTE: It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro - Medonte and 2133005 Ontario
Limited
SITE PLAN
Site Plan Drawing
Legal Survey. Prepared by C.T. Strongman Surveying Ltd., dated May 26,
2008.
C -01 Existing Conditions Site Plan June 1, 2011 and received by the Township on
June 7, 2011. Prepared by Conestoga- Rovers & Associates Accepted for
construction, Approved for construction June 7, 2011.
C -02 Site Layout Plan June 1, 2011 and received by the Township on June 7, 2011.
Prepared by Conestoga- Rovers & Associates Accepted for construction,
Approved for construction June 7, 2011.
C -03 Grading and Drainage Plan June 1, 2011 and received by the Township on
June 7, 2011. Prepared by Conestoga- Rovers & Associates Accepted for
construction, Approved for construction June 7, 2011.
C -04 Sediment and Erosion Control Staging Plan June 1, 2011 and received by the
Township on June 7, 2011. Prepared by Conestoga- Rovers & Associates
Accepted for construction, Approved for construction June 7, 2011.
C -05 Excavation for Foundation June 1, 2011 and received by the Township on
June 7, 2011. Prepared by Conestoga- Rovers & Associates Accepted for
construction, Approved for construction June 7, 2011.
C -06 Site Servicing Plan. June 1, 2011 and received by the Township on June 7,
2011. Prepared by Conestoga- Rovers & Associates Accepted for construction,
Approved for construction June 7, 2011.
C -07 Final Grading Plan. June 1, 2011 and received by the Township on June 7,
2011. Prepared by Conestoga- Rovers & Associates Accepted for construction,
Approved for construction June 7, 2011.
C -08 Sections. June 1, 2011 and received by the Township on June 7, 2011.
Prepared by Conestoga- Rovers & Associates Accepted for construction,
Approved for construction June 7, 2011.
C -09 Water Supply and Septic System Details June 7, 2011 and received by the
Township on June 7, 2011. Prepared by Conestoga- Rovers & Associates
Accepted for construction, Approved for construction June 7, 2011.
C -10 Miscellaneous Details 1 of 2 June 1, 2011 and received by the Township on
June 7, 2011. Prepared by Conestoga- Rovers & Associates Accepted for
construction, Approved for construction June 7, 2011.
C -11 Miscellaneous Details 2 of 2 June 1, 2011 and received by the Township on
June 7, 2011. Prepared by Conestoga- Rovers & Associates Accepted for
construction, Approved for construction June 7, 2011.
10
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13c) - Correspondence dated August 18, 2011 from Angela Coun...
C -12 Landscaping Plan. June 1,2011 and received by the Township on June 7,
2011. Prepared by Conestoga- Rovers & Associates Accepted for construction,
Approved for construction June 7, 2011.
A -01 Architectural OBC Data Matrices. January 4, 2011 and received by the
Township on January 6, 2011Notes and Details. Prepared by Conestoga -
Rovers & Associates Accepted for construction, Approved for construction and
date (to be determined).
A -02 Architectural Schedule and Notes. January 4, 2011 and received by the
Township on January 6, 2011Notes and Details. Prepared by Conestoga -
Rovers & Associates Accepted for construction, Approved for construction at
issuance of building permit.
A -03 Sorting Building Floor Plan and Sections. January 4, 2011 and received by the
Township on January 6, 2011Notes and Details. Prepared by Conestoga -
Rovers & Associates Accepted for construction, Approved for construction at
issuance of building permit.
A -04 Storage Building Floor Plan and Section. January 4, 2011 and received by the
Township on January 6, 2011Notes and Details. Prepared by Conestoga -
Rovers & Associates Accepted for construction, Approved for construction at
issuance of building permit.
A -05 Storage Building Elevations. January 4, 2011 and received by the Township
on January 6, 2011Notes and Details. Prepared by Conestoga- Rovers &
Associates Accepted for construction, Approved for construction at issuance of
building permit.
A -06 Storage Building Elevations. January 4, 2011 and received by the Township
on January 6, 2011Notes and Details. Prepared by Conestoga- Rovers &
Associates Accepted for construction, Approved for construction at issuance of
building permit.
A -07 Plans, Section and Details. January 4, 2011 and received by the Township on
January 6, 2011Notes and Details. Prepared by Conestoga- Rovers &
Associates Accepted for construction, Approved for construction at issuance of
building permit.
A -08 Architectural Standard Details Sheet 1 of 2. January 4, 2011 and received by
the Township on January 6, 2011 Notes and Details. Prepared by Conestoga -
Rovers & Associates Accepted for construction, Approved for construction at
issuance of building permit.
A -09 Architectural Standard Details Sheet 2 of 2. January 4, 2011 and received by
the Township on January 6, 2011 Notes and Details. Prepared by Conestoga -
Rovers & Associates Accepted for construction, Approved for construction at
issuance of building permit.
S -01 Structural Notes. January 4, 2011 and received by the Township on January 6,
2011Notes and Details. Prepared by Conestoga- Rovers & Associates
Accepted for construction, Approved for construction at issuance of building
permit.
S -02 Sorting Building Foundation and Slab Floor Plans. January 4, 2011 and
received by the Township on January 6, 2011 Notes and Details. Prepared by
Conestoga- Rovers & Associates Accepted for construction, Approved for
construction at issuance of building permit.
III
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S -03 Storage Building Foundation and Slab Floor Plans. January 4, 2011 and
received by the Township on January 6, 2011 Notes and Details. Prepared by
Conestoga- Rovers & Associates Accepted for construction, Approved for
construction at issuance of building permit.
S -04 Foundation Plans and Footing Schedule. January 4, 2011 and received by the
Township on January 6, 2011Notes and Details. Prepared by Conestoga -
Rovers & Associates Accepted for construction, Approved for construction at
issuance of building permit.
S -05 Foundation Plans and Details. January 4, 2011 and received by the Township
on January 6, 2011Notes and Details. Prepared by Conestoga- Rovers &
Associates Accepted for construction, Approved for construction at issuance of
building permit.
S -06 Sorting Building Mezzanine Frame Plan. January 4, 2011 and received by the
Township on January 6, 2011Notes and Details. Prepared by Conestoga -
Rovers & Associates Accepted for construction, Approved for construction at
issuance of building permit.
S -07 Structural Standard Details. January 4, 2011 and received by the Township on
January 6, 2011Notes and Details. Prepared by Conestoga- Rovers &
Associates Accepted for construction, Approved for construction at issuance of
building permit.
M -01 Sorting Building Mechanical Floor Plan. January 4, 2011 and received by the
Township on January 6, 2011 Notes and Details. Prepared by Conestoga -
Rovers & Associates Accepted for construction, Approved for construction at
issuance of building permit.
M -02 Sorting Building Mechanical Sections and Details. January 4, 2011 and
received by the Township on January 6, 2011 Notes and Details. Prepared by
Conestoga- Rovers & Associates Accepted for construction, Approved for
construction at issuance of building permit.
M -03 Storage Building Mechanical Floor Plan. January 4, 2011 and received by the
Township on January 6, 2011Notes and Details. Prepared by Conestoga -
Rovers & Associates Accepted for construction, Approved for construction at
issuance of building permit.
E -01 Electrical Site Plan. January 4, 2011 and received by the Township on January
6, 2011Notes and Details. Prepared by Conestoga- Rovers & Associates
Accepted for construction, Approved for construction at issuance of building
permit.
E -02 Sorting Building Electrical Power Plan. January 4, 2011 and received by the
Township on January 6, 2011Notes and Details. Prepared by Conestoga -
Rovers & Associates Accepted for construction, Approved for construction at
issuance of building permit.
E -03 Sorting Building Lighting Plan and Building Services. January 4, 2011 and
received by the Township on January 6, 2011 Notes and Details. Prepared by
Conestoga- Rovers & Associates Accepted for construction, Approved for
construction at issuance of building permit.
E -04 Storage Building Lighting Plan. January 4, 2011 and received by the Township
on January 6, 2011Notes and Details. Prepared by Conestoga- Rovers &
Associates Accepted for construction, Approved for construction at issuance of
building permit.
12
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E -05 Electrical Schedules and Details. January 4, 2011 and received by the
Township on January 6, 2011 Notes and Details. Prepared by Conestoga -
Rovers & Associates Accepted for construction, Approved for at issuance of
building permit.
Site Plan is not in a registerable form and is available from the Township of Oro - Medonte.
13
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SCHEDULE "C"
NOTE: It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro - Medonte and 1628004 Ontario
Inc.
DEEDS AND EASEMENTS TO BE CONVEYED
All title documents shall be properly drawn and executed by the parties, with the
appropriate Lot or Block Number inserted in the description of the document, and the
registered Plan Number shall be left blank, to be inserted by the solicitors for the parties
after the Plan is registered and a Plan Number assigned.
The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the
cost of preparation, execution and registration thereof, shall be borne by the Owner.
All documents to be registered shall be prior approved by the solicitor for the Township
The following land and easement shall be conveyed:
1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP
N/A
2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP
N/A
14
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SCHEDULE "D"
NOTE: It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro - Medonte and 2133005 Ontario
Limited
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION
1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT
A) Driveway installation and parking areas
B) Stormwater management facility & drainage works
complete, including storm sewers, ditch inlet catch basins,
culverts, swales, detention pond, topsoil, seed and mulch,
sod and ditching
C) Waterworks, including watermains, valves, fire hydrants and
valves, and water services
D) Miscellaneous items such as ...regulatory signs, siltation and
erosion control, and pole gate
E) Sanitary works, including sanitary manholes,
mains and connections
F) Landscaping, including grading, trees, garbage
enclosures and bollards
SUB -TOTAL
G) 10 % Allowance for Engineering and supervision
TOTAL
13% H.S.T.
TOTAL COST $25,000
2. LETTERS OF CREDIT AMOUNT
Letter of Credit to be provided by the Owner $25.000
to ensure completion of all works required
under the terms of this Agreement, as noted
in Section 5 herein.
15
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13d) - Correspondence dated August 31, 2011 from Brian Pears...
From: Brian Pearson
Sent: Wednesday, August 31, 2011 3:52 PM
To: Hough, Ralph;
Subject: Coldwater Narrows Land Claim
Hello Ralph
Thank you for our phone discussion today.
Recently I learned that the federal government has offered to settle a land claims dispute with 4
First Nations bands. The settlement has two parts: a cash component; and a land component.
The cash component of the settlement offer is not surprising. The land component part of the
settlement offer has come as a surprise to me. I have done my best to retrace the history of this
claim on the Government of Canada website (Indian and Northern Affairs). There is a blurry
map of the subject corridor of land in one of the files. While the boundaries are somewhat
vague, it seems the corridor includes your house and borders our property.
The IANC website gives details of the proposed settlement, and suggests that this kind of
settlement is common. In the Frequently Asked Questions section they infer that nothing
changes for current owners of land in the corridor (ie. currently land owners don't have to sell).
But it seems to me that the subject lands in and bordering the corridor are now subject to a 30
year incumbrance; specifically, a group of possible owners have been offered the financing and
legal framework to accumulate and rezone the lands to become a reservation and thereby be
excluded from township jurisdiction.
One would expect that this proposed settlement could have quite a distortive effect on property
values in and around the corridor. But I am of the understanding that the negotiations are in a
"closed door format" between IANC and the First Nations. The most recent meeting was August
23. Is there no seat in the room for someone to speak for the local citizens and property
owners?
Thank you for your offer to raise this issue with other members of council. It would be
appropriate for Oro - Medonte to host a forum for residents and property owners to understand
the implications of this situation.
I would appreciate hearing what you learn.
With thanks,
Brian Pearson
PS. In my research I came across an interesting paper on the subject of Land Claims and
Canadian Municipalities. I have attached it as a PDF. Note page 5: "Urban Councils are not third
parties"
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13d) - Correspondence dated August 31, 2011 from Brian Pears
The Impact of Aboriginal Land Claims
and Self-Government on Canadian Municipalities:
The Local Government Perspective
Theresa M. Dust, Q.C.
City Solicitor
Saskatoon, Saskatchewan, Canada
77ze following is an excerpt from a book which I wrote in
1995 which was published by ICURR (Intergovernmental
Committee on Urban and Regional Research) and the
research was funded by them. This excerpt is published with
their permission. A copy of the book may be purchased
t h r o u g h M u it I . s c 0 p e a t
http://Iibraxyi-nuniscope.ca/E-nglish/PublicationsList.aspx
Part I - Execrative Summary
This study is written from the perspective of the cities, towns and villages of Canada which
have been, or are, affected by aboriginal land claims and self-government, It is not intended
to be a comprehensive report. Rather, it describes communities and land claims agreements
which are illustrative of the common issues which arise wherever land claims affect an
urban centre.
The study includes a description of the Federal Government's Additions to Reserve Policy
which applies to all urban centres, large and small, across Canada. It also lists those cities,
towns and villages which have tong -term existing relationships with First Nations,, and
reviews the provincial tax treatment of non-reserve, aboriginal-owned urban land. The
study ends with a summary of urban issues and concerns about aboriginal land claims and
self-government, and some suggested solutions.
The Case Studies
Three case studies are included which are illustrative of the different ways in which land
claims can affect an urban centre. Each case study is an example of a different mode of
aboriginal self-government. Each involves an Urban Council and a First Nation working
together to create solutions. (The term "Urban Council" is used throughout this report to
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mean the elected government of a city, town or village, and the author's rationale is
explained on p. 3)
Saskatoon, Saskatchewan is an example of a "stand.- alone" (meaning not adjacent to any
existing reserve land) urban reserve, created under the Federal Additions to Reserve Policy.
It is illustrative of the issues which arise when reserve land under the Indian Act, governed
by a Band Council, exists within urban boundaries. The Saskatoon case study is an
illustration of an Urban Council and a First Nation negotiating written agreements to cover
such issues as tax lass compensation, sale of municipal services, bylaw compatibility and
dispute resolution. It also describes the difficulties which cities encounter because of the
lack of clarity regarding the application of Provincial laws to reserve land.
Temagami, Ontario is an example of a community which depends for its livelihood on the
Crown land which surrounds it A umv form of aboriginal self - government was proposed
for the Temagami area, called shared stewardship or co- management, which was intended
to give all residents, both aboriginal and non - aboriginal, a say in the use and management
of Crown land. The Temagami case study is also illustrative of the concerns and
frustrations of Urban Councils, regarding their participation, or lack of participation, in land
claim negotiations. The Temagami Agreement was never signed and implemented. It is,
nevertheless, an important example of an Urban Council and a First Nation resolving their
differences and finding workable solutions. The ultimate failure of the .Agreement was not
because of problems between local aboriginal and non- aboriginal people.
lnuvik, Northwest Territories is an example of a self - government model which arises in the
North where aboriginal people constitute a significant part of the population of a land
claims area. In the Western Arctic this model is called "public government ", by which they
mean a "regular" one - person, one -vote government for all residents, aboriginal and non-
aboriginal alike. The First Nation, rather than creating a separate aboriginal government,
wants to negotiate a regional government for the region where aboriginal people make up
the majority of the population. The local Urban Councils have been invited to participate
in those negotiations. This model raises wider questions of the appropriateness of
negotiating a regional government through the land claims process, and the role of territorial
or provincial central governments, vis -a -vis regional governments.
The Federal Additions to Reserve Policy
The federal Department of Indian Affairs and Northern Development has a policy, called
the Additions to Reserve Policy, which applies whenever a First Nation asks that new
reserve land be created. There is no absolute prohibition against First Nations claiming
additional reserve land in larger cities not immediately contiguous to reserves.
Theoretically at least, surplus federal Crown land within urban areas is available for land
claim settlements. This was the situation in Saskatoon, Saskatchewan.
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The Additions to Reserve Policy has a specific section (Article 9.3.2.2) which applies when
land to be granted reserve status is located within urban boundaries. The Urban Council
must be informed of the proposed reserve land and asked to respond. An Urban Council
may ask to negotiate a formal agreement with the First Nation before the reserve is created.
In that case, the issues to be negotiated are: measures to compensate for tax loss;
arrangements for the provision of, and payment for municipal services; bylaw application
and enforcement; and dispute resolution. The one exception to this is Ontario. In that
province, the federal Department of Indian Affairs and Northern Development does not
require negotiations for tax loss. Their reasoning is that the Province of Ontario already
exempts non - reserve aboriginal -owned land from urban taxation, therefore there is no loss
to compensate when the land is given reserve status. This difference is of considerable
concern to Urban Councils in Ontario.
Unfortunately, the existence of the Additions to Reserve Policy is not well known at the
local level. The Department of Indian Affairs and Northern Development has no organized
procedure for publicizing the Policy outside its regular constituency. In particular, most
Urban Councils do not become aware that they can require a negotiated formal agreement
before the reserve is created within their boundaries. The exception is Saskatchewan where
all new urban reserves which result from specific claims are preceded by Urban
Council/First Nation negotiations.
The Yukon and Saskatchewan Comprehensive Land Claims
Two examples of recent comprehensive land claim settlements are the Saskatchewan Treaty
Land Entitlement Framework Agreement which was signed in September of 1992; and the
Yukon Umbrella Final Agreement which was proclaimed into law in February, 1995. This
study contains a detailed analysis of the sections of those Agreements which specifically
relate to new aboriginal land within urban centres. In Saskatchewan, these are "urban
reserves "under the Indian Act. In the Yukon, these are urban "Settlement Lands" which
are not under the Indian Act but are subject to the Self - Government Agreements which are
being negotiated in tandem with the land claims.
The two Agreements are illustrative of the two current "streams" of comprehensive land
claims being pursued by First Nations. Southern Canada faces claims for new reserve land,
with the land claims agreements leaving the wider issues of self - government for that land
to a later date. The North is largely subject to claims for "traditional" land areas which are
not dedicated as reserve, but which have new self - government powers in Provincial areas
of jurisdiction. From an urban perspective, the issues are largely the same, regardless of
where the urban centre is located, and regardless of size. Those issues are: the application
of laws (both provincial and municipal), the compatibility of those laws with aboriginal
laws within the urban boundaries, and the enforcement of laws, both aboriginal and non-
aboriginal, on :land claims land; taxation powers on laud claims land for both aboriginal and
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non - aboriginal residents, compensation for any loss of tax revenue, and payment for the
provision of municipal services to land claims land; and dispute resolution mechanisms,
including effective procedures for enforcing Urban Council/First Nation agreements.
Provincial Survey
This chapter includes a province -by- province list of communities recommended by
provincial officials as being urban centres which had established existing relationships with
First Nations. The chapter also covers the question of whether or not urban land which is
owned by a First Nation, but is not reserve land (described as "land held in trust for a band
of Indians ") is exempt from municipal taxation. British Columbia has.special exemptions
for Crown land in this category. Manitoba and Saskatchewan have recently repealed the
legislation which gave such an exemption. Finally, the chapter provides a brief summary
of the British Columbia situation, which is unique in Canada because of the extent of the
land claims there, and the history and number of reserves which are adjacent to, or within,
urban boundaries.
Conclusions
Some 70 individuals were interviewed for this study, either in person or bytelephone. Most
were elected urban representatives, urban officials and provincial officials. All had some
experience of aboriginal land claims in their area. Circumstances varied from community
to community, but the issues and concerns which emerged were consistent across the
country. The final chapter lists conclusions based on those concerns and proposes solutions
to them. They are as follows:
The primary impact of aboriginal land claims on urban municipalities is aboriginal
self-government.
Every land claim includes, or is immediately followed by, some form of aboriginal
self - government, whether it is urban reserve land, shared stewardship, or public
government. Whatever the form of self - government, it will immediately and
directly affect Urban Councils for the simple reason that "local affairs" arc those
which a First Nation already controls on its existing lands said wants to continue to
control on new lands.
2. .Land claims negotiations cannot be done in secret,
Holding land claims negotiations in secret breeds suspicion and fear because the
local community has no information or input. Secret negotiations also delay the
implementation of any agreement because they delay the period of genuine public
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discussion and information - sharing which trust take place within the affected
community. The discussion needs the active participation of Urban Councils.
Public information sessions by federal and provincial officials are no substitute.
3. Urban Councils are not third parties.
Federal, and to a lesser extent provincial, officials have adopted the practice of
lumping together all groups which are affected by aboriginal land claims, from
tourist camp operators to mining companies to Urban Councils, and treating them
as one "third party" constituency. This narrow constitutional law approach ignores
the reality that Urban Councils are the elected governments of their communities,
and are not just the Fish and Game League. This approach causes significant
resentment at the local level, and that resentment is turned against the entire land
claims process.
This problem is compounded when Provincial governments claim that Urban
Councils do to need to play a role in land claims negotiations because the Province
is acting for them, and then the Province ignores or denies the local government's
concerns. Local concerns and issues are legitimate and need to be resolved if
aboriginal and non- aboriginal people are going to be able to live together in
harmony in the same community. The negotiation table is the place to resolve them.
The Provinces should either be clearly representing the Urban Councils, or they
should allow the Urban Councils to freely represent themselves.
4. Direct negotiations between Urban Councils and First Nations are important.
Both Urban Councils and First Nations express a desire, despite their frustrations,
to have a good working relationship within their. community. Direct negotiations on,
a specific issue of mutual benefit or concern, are an opportunity for First Nation and
Urban Councils to get to know each other and develop ways of working together for
the future. Such negotiations are not a substitute for Federal/Provincial/First Nation
negotiations but they can be an important parallel process. Both the Provinces and
the Federal government could create opportunities for such. negotiations.
3. Taxation is a key issue.
The number one issue which Urban Councils want to negotiate is tax loss
compensation and/'or the sale of municipal services. This concern is not just a
question of money but is fundamental to concepts of fairness and equity within the
non - aboriginal community. Its importance should not be underestimated. Where
good relationships between Urban. Councils and First Nations exist, the tax issue has
been dealt with in a way that is acceptable to both sides. Where the tax issue
remains outstanding, it acts as a barrier to the resolution of other issues.
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5. Local agreements require effective enforcement mechanisms.
Urban Councils are concerned with the enforcement of agreements which they make
with First Nations. Comprehensive land claims agreements, such as the Yukon
Agreement, address this problem by creating an alternate dispute resolution
mechanism for issues, such as money, which are of particular concern to senior
governments. Urban issues such as land use and environmental concerns are
equally important. It would be of assistance to Urban Councils if they had access
to the alternate dispute resolution bodies for enforcement of Urban Council/First
Nation agreements.
Part II « Three Case Studies
Saskatoon, Saskatchewan
Urban Reserves
In November of 1984, the Chief of the Muskeg Lake Cree Nation approached the Mayor
of The City of Saskatoon regarding a possible land claim. The Muskeg Lake Cree Nation,
which is based some sixty to seventy miles northwest of Saskatoon, wished to create a new
reserve within the boundaries of the City for the purposes of economic development. They
asked for the City's support and proposed discussions to pursue a possible agreement with.
the City.
The Council members of The City of Saskatoon agreed to discussions. "Thus began a
process that led to the creation of the first "stand - alone" commercial urban reserve in
Canada.
Background
Saskatoon, Saskatchewan is a city of some 200,000 people. The land identified by the
Muskeg bake Cree Nation was a thirty -five acre parcel on the eastern edge of the City. It
had been originally purchased by the Federal government as the location for a federal
institution. The Federal government eventually built in another location and the land
became "surplus" Crown land. It was thus available for selection by First Nations with land
claims. In 1984, the land was totally undeveloped, with no internal roads or services or
subdivided parcels, The zoning was industrial, in keeping with the adjacent properties.
At the time that Muskeg Lake approached the City, there was no established precedent for
creating a new urban reserve within city limits.' Most reserves within city limits (e.g.
Vancouver, Fredericton.) existed as a result of the urban centre growing up around the pre-
existing reserve, rather than as the result of the creation of a new reserve. The few "stand-
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alone" (meaning separate from the main reserve) urban reserves that did exist tended to be
very small parcels dedicated as reserve land by the Federal government because of unique
circumstances.
In. 1984, the Federal Additions to Reserve Policy, was still in the process of being created.
The negotiations between the City and Muskeg Lake, which began late that year, were one
of the first experiments in having an urban council. and a First Nation work out an
agreement prior to the creation of a reserve.
Negotiations proceeded, off and on, over a period of some three-and-one-half years,
culminating in what is known as the Original Agreement. dated October 1, 1988' Most
negotiations took place directly between the City and Muskeg Lake, although the Federal
government was definitely involved and is a party to the Agreement. The Province was not
involved.
Since 1988, further and other agreements have been signed, particularly a Development and
Servicing Agreement' to provide for the orderly development of the property and for
connections to City water and sewer mains; and a Municipal Services Agreement' to
provide for standard municipal services such as firefighting, garbage collection and street
maintenance to the property, and to settle how these should be paid for.
The issues raised during the Saskatooru-Muskeg Lake negotiations are common to such
situations throughout southern Canada. They are primarily concerns of jurisdiction, land
use and development, and taxation and sale of services. The key factor that brings theist
into play is the dedication of the land claimed by the First Nation as reserve land. (Land
that has been dedicated by an order of the Federal Cabinet becomes reserve [and under the
Indian Act and subject to the jurisdiction, and lack of jurisdiction, established by the Indian
Act. Land owned by a First Nation and not dedicated, but simply held in fee simple, is not
reserve land and does not come under the Indian Act.)
Jurisdiction
One of Saskatoon's primary concerns regarding a new urban reserve was that the land and
its occupants should be subject to the same or similar laws as applied throughout the City.
This was not a=jor issue as far as the application of the Criminal Code, of Canada was
concerned. The more difficult question was in the area of provincial and urban jurisdiction.
The Indian Act (particularly sections 81 and 83) gives the Council of a First Nation much
the same power to make local legislation over reserve lands as urban councils have over
urban land. More important, the Federal government has retained for itself exclusive
authority to legislate over "Indians and lands reserved for Indians."
Laws of general application (those not specific to "Indians or lands reserved for Indians,"
even though they may affect them) apply to reserve lands, unless and until federal laws or
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First Nation laws are enacted that are in conflict. In that situation, the new federal laws or
First Nation laws may supersede the provincial or urban laws.
However, provincial and urban laws regarding "lands reserved for Indians" do not apply to
reserve lands, even though there may be no federal laws or First Nation laws to replace
them. The courts have interpreted laws regarding "lands reserved for Indians" to include
provincial and urban laws regarding land use planning, building standards and health
regulations.' The status of provincial environmental legislation is not clear.
The Muskeg Lake Cree Nation was adamant that it wished to retain and exercise such
limited jurisdiction as it had, and not concede jurisdiction to either the Province or
Saskatoon City Council. The City was equally adamant that an urban reserve and its
occupants were a part of the urban environment and needed to "fit" that urban environment,
particularly as regards land use and development, which could affect surroundingproperties.
In the end, the Muskeg Lake Cree Nation retained all of its jurisdiction but agreed that the
use and development of the reserve land would be in accordance with the laws of the
Province of Saskatchewan and the bylaws of the City of Saskatoon. This could be
accomplished in various ways.
For example, the Muskeg Lake Cree Nation agreed that, when it exercised its right to pass
laws under the Indian Pict, those laws would be consistent with provincial and urban
legislation in the same area. In other words, a Muskeg Lake zoning bylaw would be the
governing zoning legislation on the reserve, but the terms of any such bylaw, when passed,
would be consistent with the Saskatoon Zoning Bylaw_ hi the absence of a Muskeg Lake
zoning bylaw, it was still the :First Nation's responsibility to ensure that land use and
development consistency was enforced in so ate fashion. One method Muskeg Lake has
used is to make lease agreements with sub - tenants, written so as to include terms that
control what is built on the property, and what uses are allowed in the buildings.
The City was also concerned about enforcement of the Original Aa eement. This was
especially problematic because the Muskeg Lake Cree Nation, in order to carry out
economic development, had to surrender the land and have it leased to a First Nation-
controlled development corporation. The City believed that no effective mechanism existed
to deal with a situation cohere the development corporation did not properly control land
use. The Original Agreement therefore included a clause whereby the Federal government
agreed to cancel the development company's lease upon receiving proof that the use and
development of the land were not in accordance with the Agreement.
This provision was only possible because the Federal government was a party to the
Agreement, which is not usually the case. It is also not the most desirable solution, for it
leaves final control with the Federal government, rather than with the City and the First
Nation, the parties most directly involved. To date, the Agreement has in tact worked
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because Muskeg Lake and Saskatoon have made it work. However, there continues to be
no efficient method of enforcing the Agreement in the unlikely event that this should
become necessary.
Land Use and Development
The site chosen by the Muskeg Lake Cree Nation was "raw" land, which was not divided
into saleable parcels and had no internal roads or services. A significant part of the
negotiations between the parties was devoted to the subdivision and servicing of the land,
and the question of "off- site" levies. Saskatoon's concern was two -fold. Firstly, it wanted
the land to "look" very much like the .rest of the urban environment in terms of streets,
sidewalks, layout of lots, etc. Muskeg Lake was in agreement with this, particularly as it
was developing an economic development reserve capable of attracting all types of
commercial tenants. Muskeg Lake therefore agreed to subdivide the land and construct all
internal services (e.g. local streets) to the same standard as was used in similarly zoned
areas of Saskatoon.
Secondly, Saskatoon wanted to collect its usual off -site levies when the property was
developed. {off- -site levies are a charge collected by urban. councils on all newly developed
properties, to pay the cost of those services that benefit the property but are not exclusive
to the property. Common off -site levies are arterial roads, trunk sewers, lift stations and
primary watermains. Off -site levies differ from on -site services (such as internal roads,
sidewalks, etc.) which are paid for by the developer of the site. Muskeg Lake agreed to pay
all normal off -site levies in return for the right to connect to Saskatoon's water and sewer
mains. A "pay -as- you -go" funding arrangement was negotiated, but the rates paid were the
same as for all other properties,
in both of the above cases, the issue of jurisdiction was dealt with by the parties negotiating
an agreement regarding specifies for that site. This is important because Muskeg Lake was
primarily concerned not to cede any jurisdiction, whereas the City was primarily concerned
that the results on the ground (the layout of lots, the level of services provided and the
amount paid for those services, adherence to basic building, fire and health codes) be
compatible with surrounding urban land, This trade -off re- ocettrred throughout the
negotiations.
Taxation and .Sale of `Services
When land is dedicated as reserve it becomes exempt from property 'tax. Saskatoon, like
all urban councils, was very concerned about this. The only way for urban councils to raise
the money needed to provide essential services such as firefighting and snow clearing is
through property taxes. Each time a piece of property is exempted from paying taxes, the
remaining properties have to pay an increased amount to cover the cost of services. in
Saskatoon's case, the Federal government had been paying a grant -in -lieu, equivalent to
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property taxes; on the land chosen by Muskeg Lake. This would end when the land was
dedicated as reserve. Saskatoon wanted to continue to receive tax revenue from the
property in some fashion. It also wanted to provide a full package of urban services to the
reserve, rather than having Muskeg Lake pick and choose only a few services.
Moreover, Saskatoon sought a "level" taxation system. If Muskeg Lake was to be the sole
taxing authority, Saskatoon wanted the total tax collected from any business on the reserve
to be at least as much as an equivalent business would have to pay elsewhere in the city.
In other words, there should be no tax advantage to locating on reserve.
Muskeg Lake's primary demand in negotiations was that it have sole and exclusive taxing
authority on the reserve and that its jurisdiction be recognized. This would be the case for
both property and business tax, and for both aboriginal and non - aboriginal occupants.'
The Municipal Services Agreements tied tax loss compensation directly to the sale of civic
services. The Agreement provided that Saskatoon would receive a lump sum from Muskeg
Lake in each year equivalent to the property, business and library taxes which would have
been payable had the land not been a reserve. in return, Saskatoon would provide the full
range of civic services. Muskeg Lake would be the sole and exclusive taxing authority on
the reserve, even for non - exempt occupants. The minimum total tax bill for a business
would be the equivalent of a Saskatoon tax bill, including the school board portion,
although Muskeg Lake did not pass on this portion to the Saskatoon School Board. Direct
services such as water and electricity would also be provided by Saskatoon, but these would
be billed in the usual manner.
The issue of collection of provincial takes on items such as gasoline and liquor was not
discussed, as this is beyond Saskatoon's jurisdiction. The local business community
expressed a concern that businesses on the reserve should not sell items such as gasoline
to non - aboriginal people at a price lower than that offered by competitors, if this difference
was due exclusively to differences in taxes collected. This was a concern of In fact, no
such situation has arisctl to date in Saskatoon..
In the 1993 Agreement, Saskatoon and Muskeg Lake also contracted to hold a joint meeting
of their respective councils at least once each year, to ensure the harmonious operation of
the Agreement, and to resolve such issues as might arise.' By 1995, three such meetings
had taken place. These .provided opportunities for council members from the two
jurisdictions to get to know each other, as well as to team how their respective councils
operate. It is fair to say that these meetings have been a success.
Conclusion
In 1995, the urban reserve in Saskatoon exists as a partially developed commercial centre.
The main development is the McKnight Centre, a large office building with a variety of
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commercial and government tenants. The Saskatoon Tribal Council also has its office
building on the property. Finally, the City and Muskeg Lake are jointly financing the
„local" share of a federal infrastructure project, which will improve access to both the
Muskeg Lake property and the surrounding urban lands.
The Muskeg Lake Cree Nation is developing a zoning bylaw. Actual land use is also
controlled through the leases. All buildings are constructed to current building, fire and
health code standards.
The Saskatoon/Muskeg Lake experiment is not complete. It is an example of an aboriginal
jurisdiction and an urban jurisdiction working together to create practical solutions to the
unique issues of the urban environment. This is being done at a time when the wider
questions of aboriginal self - government, and the replacement of the outdated Indian Act,
remain unresolved.
Two factors stand out in this story. One is the unwillingness of both parties to wait for
someone else to create solutions, but, instead, to take a chance on being first, and to do
things before all the relevant questions are answered. The other is the fact of direct
negotiations between a first Nation and an urban council. Muskeg Lake's cooperative
approach to Saskatoon, and Saskatoon's positive response, were rare in 1984 and remain
rare to this day.
Endnote References
7 . Interview with Lester Lafond quoted in the Saskatoon Star Phoenix newspaper
supplement dated. November 18, 1993,
2. See Chapter Ill.
3. Agreement between The Muskeg Lake Indian Stand No. 102, Her Majesty the
Queen in Right of Canada and The City of Saskatoon dated October 18, 1988.
(Copy available in the ICURR Library.)
4. Agreement between The City of Saskatoon and Aspen Developments Inc, dated
October 2, 1992. (Copy available in the ICURR Library.)
5. Agreement between The Muskeg Lake Indian Band No. 375 and The City of
Saskatoon dated September 15, 1993. (Copy available in the ICURR Library.)
5. Corl). of Surrey v. Peace Arch EnterRrisec Ltd and Surfside Recreations Ltd.,
(1970) 74 W.W.R. 380.
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7. Reserve land is exempt from urban taxation. However, someone who is not a status
Indian but who is located on a reserve is not automatically exempt. Therefore, an
Urban Council could levy a tax against a non-aboriginal tenant, even though it
might have difficulty collecting.
In 1988 the Federal government passed Bill C-115 to ensure that First Nations had
the right to tax all occupants of reserve land, including non-aboriginal leaseholders.
Saskatoon's position was that this legislation gave Muskeg Lake the right to tax all
businesses on the reserve, but that it did not eliminate the Urban Council's right to
also tax non-exempt occupants. Both could tax, which would be a problem as a
business cannot afford to pay twice. The Federal government did not agree with
this position.
8. 1993 Agreement, Section 10.
9. 1993 Agreement, Section 28.
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13e) - Correspondence dated September 4, 2011 from Karrie Se...
Brissette, Marie
Subject: RE: Noise By -law Exemption Request
From: Karrie Semple [mailto:]
Sent: Sunday, September 04, 2011 1:46 PM
To: Irwin, Doug
Cc: Teeter, Janette; Brissette, Marie; Shelswell, Curtis; Belsey, Robert; Karrie Semple
Subject: Noise By -law Exemption Request
TO: Doug Irwin, Director Corporate Services /Clerk
Dear Mr. Irwin,
My apologies for the lateness of this request, as you asked me to submit this to your attention by August 31 so
you could include it in your Town Council agenda. As you might imagine, with the very long list of chores I
need to complete before the wedding, this very important task somehow slipped away from me. Please accept
my application for an exemption to the Township's Noise Bylaw as outlined below.
We, Karrie Semple and Homer Frank, are getting married on Saturday, September 10', 2011 at the St. Thomas
Church in Shanty Bay, and we are having the reception at our home: 30 Bay Street Shanty Bay. We are
requesting the noise by -law be waived for music and general crowd noise from 3pm to midnight on the 10th of
September. We plan to inform and invite all our nearby neighbors. We want to try and cover all angles to
ensure this celebration is not interrupted or inconveniencing anyone. We respect our neighbors. We expect
approximately 150 guests throughout the evening. The DJ will lower the music and stop playing between
midnight and 1:00 A.M at the latest. We would greatly appreciate it if the Council could grant this request for
our very special day. If you require more information, please do not hesitate to contact us.
Best Regards and thank you,
Karrie Semple and Homer Frank
Home
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15a) - A By -law to Repeal By -law No. 2010 -145 "A By -law to a...
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2011 -138
A By -law to Repeal By -law No. 2010 -145
"A By -law to amend the zoning provisions which apply to lands within Part West
Half of Lot 24, Concession 7 (Former Township of Oro); Part Lot 25, Concession 7
(Former Township of Oro) as in RO662159; Except Part 1, 51 R -6080, Oro - Medonte
and Except Part. 1, 51 R- 37419, Save and Except Part 1 & 2, 51 R- 37365,
Township of Oro - Medonte, County of Simcoe
Roll# 4346- 010 - 009 - 00120"
WHEREAS the Council of the Corporation of the Township of Oro - Medonte is
empowered to pass By -laws to regulate the use of land pursuant to Section 34 of the
Planning Act, R.S.O. 1990, C.P 13;
AND WHEREAS Council deems it appropriate to rezone the lands to permit the
development of a specialized agricultural use, which includes a residential use.
NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as
follows:
1. THAT By -law No. 2010 -145 be repealed in its entirety
2. THAT this By -Law shall take effect on the final passing thereof
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 7T" DAY
OF SEPTEMBER, 2011.
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
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15b) - A By -law to Authorize the Execution of An Agreement B...
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2011 -139
A By -law to Authorize the Execution of An Agreement Between
The Corporation of the Township of Oro - Medonte and
Ivanka Welykanycz
WHEREAS Council of the Township of Oro - Medonte did on the 19th day of May 1999,
enact By -law No. 99 -50, Being a By -law to provide policy for encroachments on road
allowances and municipally owned property;
AND WHEREAS Council of the Township of Oro - Medonte did enact By -law No. 2004-
119, as amended, being a By -law to Prohibit the Use of Motorized Vehicles on
Highways within the Township of Oro - Medonte;
AND WHEREAS the Township, pursuant to By -law No. 99 -50, has granted permission
to maintain the said Encroachment(s) upon the condition of entering into an
Encroachment and License Agreement;
AND WHEREAS the Municipal Act, 2001,S.O. 2001, c.25, Section 224, as amended,
states that it is the role of Council to ensure that administrative practices and
procedures are in place to implement the decisions of Council;
AND WHEREAS the Council of The Corporation of the Township of Oro - Medonte
deems it desirable to enter into an Encroachment and License Agreement with Ivanka
Welykanycz;
NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as
follows:
THAT the Mayor and Clerk be authorized to execute the Agreement attached
hereto as Schedule "A" and forming part of this By -Law.
This by -law shall take effect on the final passing thereof.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 7T" DAY
OF SEPTEMBER, 2011.
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
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15b) - A By -law to Authorize the Execution of An Agreement B...
Schedule "A" to By -law No. 2011 -139
ENCROACHMENT AND LICENSE AGREEMENT made this day of September,
2011.
BETWEEN:
THE CORPORATION OF
THE TOWNSHIP OF ORO- MEDONTE
(the "Township ")
OF THE FIRST PART
- and -
IVANKA WELYKANYCZ
(the "Owner")
OF THE SECOND PART
WHEREAS the Owner is the owner of certain lands and premises situated in the
Township of Oro - Medonte, which lands are more particularly described in Schedule "A"
attached hereto (the "Owner's Lands ");
AND WHEREAS the Township is the owner of the Road Allowance shown as Lakeshore
Promenade in accordance with Registered Plan 626, in the Township of Oro - Medonte
(the "Township's Lands ");
AND WHEREAS the Owner maintains encroachments on the Township's Lands to the
extent described in Schedule "B" attached hereto (hereinafter collectively referred to as
"the Encroachments) ");
AND WHEREAS as Council has exercised its option to close a Part of the Road
Allowance to vehicular traffic, and has passed By -law ( #2004 -119, as amended) being a
By -law to Prohibit the Use of Motorized Vehicles on Highways within the Township of
Oro - Medonte with respect to the lands upon which the said Encroachment(s) is located;
AND WHEREAS the Township, pursuant to By -law No. 99 -50, being a By -law to Provide
Policy for Encroachments on Road Allowances and Municipally Owned Property, has
granted to the Owner permission to maintain the said Encroachment(s) upon the
condition that the Owner enters into this Agreement, which the Owner has agreed to do;
NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the
premises, and of the covenants and agreements hereinafter contained on the part of the
Owner to be observed, fulfilled and performed, the Township hereby grants to the
Owner permission to maintain the said Encroachment(s) automatically terminating at
the earlier of:
(i) the date of removal of the Encroachment(s) from the Township's
Lands; or
(ii) the sale or transfer of the Owner's Lands; or
(iii) five (5) years from the date of execution of this Agreement.
In the event the Owner wishes to renew this Agreement upon the expiry of the
five (5) year term herein granted, the Owner may, provided he is not in default of
his obligations hereunder and upon sixty (60) days prior written notice to the
Township, apply to renew same, taking all necessary steps and paying all
appropriate fees in effect at the time to do so. Such Application shall be
considered in accordance with the Township's policies and practices in place at
that time.
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Upon the sale or transfer of the Owner's Lands, the Owner shall forthwith notify
the Township in writing thereof and shall provide the Township with the name
and address of such Transferee or Purchaser who shall be required to enter into
a new Agreement with the Township (and which Agreement shall be in like form
and content as herein) and pay all appropriate fees as are required by the
Township in entering into such replacement Agreement. In the event the
Transferee or Purchaser fails to enter into a replacement Agreement with the
Township, the Encroachment(s) shall forthwith be removed by the Owner at his
sole expense; and failing which the Township may do so, and the Owner and
Purchaser or Transferee shall be jointly and severally liable to the Township for
the cost of demolition or removal. In no case shall this Agreement be assignable
by the Owner.
2. During the term of this Agreement, all open air structures located on the
Township's Lands remain subject to the public's right of access.
IN CONSIDERATION OF the granting by the Township of such permission, the Owner
hereby covenants and agrees with the Township as follows:
The Owner agrees to pay to the Township an annual fee as stipulated in the
Township's current Fees and Charges Bylaw for Encroachment Agreements.
The annual fee will be payable no later than the 1st day of May in each year, and
may be added to the tax roll for the Owner's Lands, if required, by the Township.
The Owner shall, forthwith upon execution of this Agreement, provide the
Township with an independent Engineer's report as to the structural integrity of
the encroaching structure(s) to the satisfaction of the Township's Chief Building
Official. Such report shall include clear photographic evidence of the
Encroachment(s) identified thereon.
The Owner will at its own expense and to the satisfaction of the Township's Chief
Building Official, keep and maintain the said Encroachment(s) in good and proper
state of repair and will not make any related modifications to the
Encroachment(s), without first obtaining the consent of the Township, which
consent may be arbitrarily withheld. Should the Owner fail or neglect in
maintaining the Encroachment(s) in a good and safe state of repair to the
satisfaction of the Township's Chief Building Official, on thirty (30) days prior
written notice to the Owner, the Owner will, at its own expense, notwithstanding
any other provision in this Agreement, remove the said Encroachment(s) from
the Township's Lands, without being entitled to any compensation whatsoever for
such removal and the permission given herein for the maintenance of the
Encroachment(s) shall be revoked and shall be deemed at an end. If the
Encroachment(s) are not removed by the Owner as aforesaid, the Township may
do so, and the cost of demolition and removal shall be at the sole expense of the
Owner.
4. Nothing herein contained shall be construed as giving to the Owner anything
more than permission to maintain the said Encroachment(s) until such time as
the removal of such Encroachment(s) from the Township Lands. The Owner
agrees that under no circumstances shall additional Encroachment(s) be
constructed or placed on the Township's Lands.
5. The Owner hereby releases, waives and forever discharges the Township and its
respective agents, officials, servants, contractors, representatives, elected and
appointed officials, successors and assigns, of and from all claims, demands,
damages, costs, expenses, actions and causes of action, whether in law or
equity, in respect of death, injury, loss or damage to the person or any property
of the Owner howsoever caused, arising or to arise by reason of the permission
granted pursuant to this Agreement.
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6. Notwithstanding any consent or approval given by the Township with respect to
any plans, specifications or other construction - related matters, the Township will
not be in any way liable for the design or construction of any structure, and the
party that has obtained the consent or approval of the Township shall be wholly
liable for such design and construction.
The Owner shall facilitate the construction of any and all utilities over or under
the said Encroachment(s), as may be required from time to time. The parties
acknowledge and agree that the permission granted in this Agreement does not
in any way whatsoever diminish the rights of the Township, or any gas,
telephone, telegraph, electric light or other public utility company, their respective
officers, servants, workers, employees, agents, and contractors, to enter at all
times upon the Encroachment(s) for the purpose of constructing, repairing,
maintaining, replacing or removing any sewers, mains, culverts, drains, water
pipes, gas pipes, poles, wires or other services and installations and
appurtenances thereto. The Owner shall not be entitled to any damages or
compensation as a result of the reasonable exercise of the Township's or utility
company's rights contained in this paragraph.
8. The Owner will from time to time and at all times hereafter will and truly save,
defend and keep harmless and fully indemnify the Township, its officers,
directors, servants, workers, employees, agents, and contractors, and any other
corporations, boards, commissions or bodies having utilities or services which
may in any manner be affected by the having utilities or services which may in
any manner be affected by the erection or maintenance of the said
Encroachment(s) and their respective officers, directors, servants, workers,
employees, agents, and contractors, from and against all actions, suits, claims
and demands whatsoever which may be brought against or made upon any or all
of them and from and against all loss, costs, charges, damages and expenses
whatsoever which may be sustained, incurred or paid by any or all of them,
regardless of whether or not they be parties hereto, for or by reason of or on
account of the granting by the Township to the Owner of the permission hereby
granted and /or the exercise by the Owner of such permission and /or the erection
and maintenance of the said Encroachment(s) and appurtenances thereto and /or
anything in any manner relating thereto should any such action, suit, claim or
demand be brought against or made upon the Township, or any of its officers,
servants, workers or employees, the Township may, upon written notice to the
Owner, and if not forbidden by the Owner within fourteen days thereafter, if the
Township shall see fit, compromise any such actions, suits, claims or demands
on such terms as the Township shall see fit, and the Owner shall thereupon
forthwith pay to the Township the sum or sums to be paid together with such sum
as shall represent the reasonable costs of the Township or its Solicitor in
defending or settling any such actions, suits, claims or demands, but if the Owner
forbids such compromise within the said period, or if no such compromise be
effected, then the Owner may be made a party to such actions, suits, claims or
demands and will in every case fully indemnify the Township, its respective
officers, servants, workers or employees.
9. The construction, installation, occupation, operation and maintenance of the
Encroachment(s) shall comply with all applicable statutes, by -laws and
regulations including, but not limited to, the issuance of a building permit(s).
10. The Owner shall obtain and maintain public liability (personal injury and property
damage) insurance covering the maintenance of the Encroachment(s) in the
amount of at least Two Million Dollars ($2,000,000.00), naming the Township of
Oro - Medonte as additional named insured. The Owner will provide evidence of
such insurance annually, to the Township no later than the 1 st day of May in each
year, naming the Township as an additional named insured. In the event the
Owner's insurer is unable or unwilling to add the Township as an additional
named insured to the Owner's policy, the Township agrees to add the Owner as
an additional insured to its public liability policy, and any incurred premium,
surcharge or administration fee occasioned thereby shall be the responsibility of
and paid by the Owner in addition to those fees set out in paragraph 1.
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11. In addition, all such sums and costs so paid, sustained or incurred by the
Township, as aforesaid, and all such annual fees, or further or other fees to be
paid by the Owner as set out herein, shall form and constitute a charge or lien on
the Owner's Lands until fully discharged by payment thereof and may be
collected in a like manner as taxes.
12. The Township, its officers, servants, workers, employees, agents and contractors
under its control or supervision shall have the right from time to time and at all
reasonable times during the currency of this Agreement, to enter in and upon the
said lands or any part thereof, with all necessary workers, plant, equipment and
material for the purpose of inspecting the said Encroachment(s) provided that
such inspection shall not free or relieve the Owner in any way whatsoever from
the liability under the covenant hereinbefore set forth to keep and maintain the
said Encroachment(s) in good and proper repair and condition.
13. (a) All notices, consents, approvals or other communications permitted or
required to be given under this Agreement (collectively "Notices ") shall be in
writing, shall not be unreasonably withheld or delayed unless otherwise
specifically provided for in this Agreement, and shall be: personally delivered;
sent by prepaid registered mail (except during a postal disruption or threatened
postal disruption), or; sent by facsimile, in each case to the applicable address
set out below:
(i) in the case of the Township:
148 Line 7 South, Box 100,
Oro, ON LOL 2X0
Attention: Clerk
(ii) in the case of the Owner:
Ivanka Welykanycz
22 Dewitt Road
Toronto, ON M913 3E1
(b) Any Notice shall be deemed to have been validly and effectively given and
received: if personally delivered, on the date of delivery; if sent by prepaid
registered mail, on the third (3rd) business day next following the date of mailing,
provided, however, that during any postal disruption or threatened postal
disruption, delivery shall be in person; and if sent by facsimile, on the business day
next following the day on which it was sent.
(c) Either party under this Agreement may from time to time by Notice to the
other party change its address for service under this Agreement.
14. Nothing in this Agreement derogates from, interferes with, or fetters the exercise
by the Township of all of its rights and obligations as a municipality (whether
discretionary or mandatory), or imposes any obligations on the Township in its
role as a municipality, and the Township shall not be prevented from or
prejudiced in carrying out its statutory rights and responsibilities, including its
planning rights and responsibilities. Nothing in this Agreement derogates from,
interferes with, or fetters the exercise by the Township's officers, employees,
agents, representatives or elected and appointed officials of all of their rights, or
imposes any obligations on the Township's officers, employees, agents,
representatives or elected and appointed officials, other than as expressly set out
in this Agreement.
15. This Agreement may be registered on title to the Owner's Lands and the cost of
preparation as stipulated in the Township's current Fees and Charges By -law as
the application fee for encroachment agreements, and registration of the same
shall be borne by the Owner.
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16. This Agreement is not assignable by the Owner and shall not enure to the benefit
of the successor and assigns of the Owner.
IN WITNESS WHEREOF the Township has caused to be affixed its corporate seal
under the signatures of its duly authorized officers.
EXECUTED at this day of I _
THE CORPORATION OF
THE TOWNSHIP OF ORO- MEDONTE
Per:
Name: H.S. Hughes
Title: Mayor
Per:
Name: J. Douglas Irwin
Title: Director of Corporate Services /Clerk
]/We have authority to bind the Corporation.
IN WITNESS WHEREOF the Owner hereto has hereunto affixed its hand.
EXECUTED at Q•-� � %= this ,� � day of .
7
Wit ss Ivanka e ykanyc
Page 154 of 189
15b) - A By -law to Authorize the Execution of An Agreement B...
SCHEDULE "A"
Owner's Lands
Lt 64 PI 626 Oro; Oro - Medonte, 58561 -0153 (LT),
Municipally known as 34 Myrtle Avenue.
Page 155 of 189
15b) - A By -law to Authorize the Execution of An Agreement B...
SCHEDULE "B"
Part of the Lakeshore Promenade Northeast of Owen Street, Registered Plan 626,
designated as Parts 9 and 10, Plan 51 R- 35604, (Geographic Township of Oro),
Township of Oro - Medonte, County of Simcoe, being Part of PIN #58561- 0002(LT)
Existing Encroachments as approved by
Township of Oro - Medonte Chief Building Official
1. Wood Stairs
2. Wood Deck
All as shown on Compile Plan of Plan of Survey 51 R -35604
designated as Parts 9 and 10 thereon.
Page 156 of 189
15c) - A By -law to Authorize the Acquisition of Lands descri...
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2011 -140
A By -law to Authorize the Acquisition of
Lands described as Part Lot 20, Concession 5, (Part of PIN 58545 -0154 (LT)),
designated as Part 3, Plan 51 R- 37993, (geographic Township of Oro),
Township of Oro - Medonte, County of Simcoe for Municipal Purposes
WHEREAS Section 9 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that a municipality has the capacity, rights, powers and privileges of a natural
person for the purpose of exercising its authority under this or any other Act;
AND WHEREAS Section 224 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that it is the role of Council to ensure that administrative policies, practices and
procedures and controllership policies, practices and procedures are in place to
implement the decisions of council;
AND WHEREAS Council of The Corporation of the Township of Oro - Medonte is
desirous in acquiring additional lands for municipal purposes;
NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as
follows:
Acquisition of Land for Municipal Purposes — Council does hereby authorize the
acquisition of the lands described as Part Lot 20, Concession 5, (Part of PIN
58545 -0154 (LT)), designated as Part 3, Plan 51 R- 37993, (geographic Township
of Oro), Township of Oro - Medonte, County of Simcoe, for municipal purposes.
Consideration — The owners of the lands described as Part Lot 20, Concession 5,
(Part of PIN 58545 -0154 (LT)), designated as Part 3, Plan 51 R- 37993,
(geographic Township of Oro), Township of Oro - Medonte, County of Simcoe,
shall convey the aforementioned lands to The Corporation of the Township of
Oro - Medonte, for which the owners shall be issued an Official Receipt for Income
Tax Purposes, by the Township, pursuant to the Income Tax Act, R.S.C., 1985,
c. 1, for the donation of the aforementioned lands, at the rate of $4,000.00 per
acre.
Execution of Documents — The Mayor, Clerk and Treasurer are hereby
authorized to execute all documents necessary to carry out the intent of this By-
law.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 7T" DAY
OF SEPTEMBER, 2011.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 157 of 189
15d) - A By -law to Exchange the lands described as Part Lot ...
1971* 8191 NaQCT-1 AI[ 9].[ 0] am: I:1111OITAk g697II19]:K9]CZ919 M4119].194
BY -LAW NO. 2011 -141
A By -law to Exchange the lands described as Part. Lot 20, Concession 5, (Part of
PIN 58545 -0155 (LT)), designated as Part 6, Plan 51R- 37993, (geographic
Township of Oro), Township of Oro - Medonte, County of Simcoe
For
The lands described as Part Lot 20, Concession 5, (Part of PIN 58545 -0154 (LT)),
designated as Part 2, Plan 51 R- 37993, (geographic Township of Oro), Township of
Oro - Medonte, County of Simcoe for Municipal Purposes
WHEREAS Section 270 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
authorizes a Council of a municipality to sell or otherwise dispose of land in accordance
with policies adopted and maintained by the municipality in respect thereof;
AND WHEREAS Council passed By -law No. 2007 -083 on the 18th day of July, 2007,
being a By -law to establish a policy /procedure with respect to the sale and other
disposition of land;
AND WHEREAS Council has determined that the lands described as Part Lot 20,
Concession 5, (Part of PIN 58545 -0155 (LT)), designated as Part 6, Plan 51 R- 37993,
(geographic Township of Oro), Township of Oro - Medonte, County of Simcoe are no
longer required for municipal purposes and has by resolution declared the lands to be
surplus to the needs of the municipality;
AND WHEREAS Council is desirous in acquiring the lands described as Part Lot 20,
Concession 5, (Part of PIN 58545 -0154 (LT)), designated as Part 2, Plan 51 R- 37993,
(geographic Township of Oro), Township of Oro - Medonte, County of Simcoe, for
municipal purposes and has agreed with the owner of those lands to exchange those
lands with those designated as Part 6, Plan 51 R- 37993;
AND WHEREAS the proposed by -law came before Council of The Corporation of the
Township of Oro - Medonte for consideration at its meeting on the 7th day of September,
2011, and at that time Council received no notice of objection to the proposed exchange
of land from any party;
NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as
follows:
Authorization for Dispostion - Council does hereby authorize the conveyance of
the lands described as Part Lot 20, Concession 5, (Part of PIN 58545 -0155 (LT)),
designated as Part 6, Plan 51R-37993, (geographic Township of Oro), Township
of Oro - Medonte, County of Simcoe, to the registered owner of the abutting lands
as follows and that the title to the transferred lands merge with those lands
owned by the respective abutting owner:
Registered Owner Cumming, Paul Eric
Cumming, Laurie Jean
Owner's Lands PIN #58545 -0154 (LT)
Part Lot 20, Concession 5 (Oro) designated as
Parts 1, 2, 3 and 4, Plan 51R -37993
Lands to be Transferred Part of PIN #58545 -0155 (LT)
To Owner Part Lot 20, Concession 5 (Oro) designated as
Part 6, Plan 51 R -37993
Upon registration of the Transfer, the respective owners be required, at their sole
expense, to bring an Application under The Land Titles Act, R.S.O. 1990, as
amended, to consolidate the parcel with their abutting property to one Property
Identifier Number.
Page 158 of 189
15d) - A By -law to Exchange the lands described as Part Lot ...
2. Sale Price and Consideration — In accordance with By -law No. 2007 -083, as
amended, Council hereby sets the sale price for the lands described as Part Lot
20, Concession 5, (Part of PIN 58545 -0155 (LT)), designated as Part 6, Plan
51 R- 37993, (geographic Township of Oro), Township of Oro - Medonte, County of
Simcoe, at "nil'.
3. Acquisition of Land for Municipal Purposes — Council does hereby authorize the
acquisition of the lands described as Part Lot 20, Concession 5, (Part of PIN
58545 -0154 (LT)), designated as Part 2, Plan 51 R- 37993, (geographic Township
of Oro), Township of Oro - Medonte, County of Simcoe, for municipal purposes, in
exchange for those lands set out to be transferred in Paragraph 1 herein.
4. Purchase Price and Consideration - In accordance with By -law No. 2007 -083, as
amended, Council hereby sets the purchase price for the lands described as Part
Lot 20, Concession 5, (Part of PIN 58545 -0154 (LT)), designated as Part 2, Plan
51 R- 37993, (geographic Township of Oro), Township of Oro - Medonte, County of
Simcoe, at "nil'.
5. Execution of Documents — The Mayor and Clerk are hereby authorized to sign all
documents to carry out the intent of this By -law.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 7T" DAY
OF SEPTEMBER, 2011.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 159 of 189
15e) - A By -law to Authorize the Execution of a Site Plan Co...
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2011 -142
A By -law to Authorize the Execution of a Site Plan Control Agreement
between The Corporation of the Township of Oro - Medonte
and
Timothy Jay Hilliard and Donna Louise Hilliard
described as lands as follows:
Concession 11, West Part Lot 1
Being all of PIN 58529 -0120 (LT), 856 Horseshoe Valley Road East
TOWNSHIP OF ORO- MEDONTE
Former Township of Medonte
PIN 58529 -0120 (LT)
Roll# 4346- 020 - 010 -14300
Township of Oro - Medonte, County of Simcoe
WHEREAS authority to enter into Site Plan Control Agreements is provided for in
Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council
deems it necessary to enter into a Site Plan Control Agreement on the lands described
herein;
AND WHEREAS By -Law No. 2009 -062, a By -Law to Designate Areas of the Township
as Site Plan Control Areas, was passed by Council for the Township of Oro - Medonte,
pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended;
AND WHEREAS the lands referred to in this By -Law are subject to Site Plan Control,
pursuant to By -Law No. 2009 -062;
NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as
follows:
1. THAT the Township enter into the Site Plan Control Agreement attached hereto as
Appendix "A ", on lands described on the attached Schedule "A ";
2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control
Agreement on behalf of the Corporation of the Township of Oro - Medonte;
3. THAT the attached Appendix "A" and Schedules "A, B, C and D" shall form part of
this By -Law;
4. THAT this By -Law shall take effect on the final passing thereof.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 7T" DAY
OF SEPTEMBER, 2011.
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 160 of 189
15e) - A By -law to Authorize the Execution of a Site Plan Co...
APPENDIX "A"
SITE PLAN AGREEMENT
- between -
TIMOTHY JAY HILLIARD
and
DONNA LOUISE HILLIARD
- and -
THE CORPORATION OF THE
TOWNSHIP OF ORO- MEDONTE
DESCRIPTION OF LANDS
Part of West % Lot 1, Concession 11
(Former Township of Medonte)
856 Horseshoe Valley Road East
PIN 58529- 0120(LT)
Roll# 4346 - 020 - 010 -14300
TOWNSHIP OF ORO- MEDONTE
ell] kq k Irdd6l:1
September 7, 2011
By -Law No. 2011 -142
Page 161 of 189
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THE TOWNSHIP OF ORO- MEDONTE
SITE PLAN AGREEMENT
TABLE OF CONTENTS
Section 1
Covenants by the Owner
Section 2
Covenants by the Township
Section 3
Development Restrictions
Section 4
Development Changes
Section 5
Security
Section 6
Compliance
Section 7
Co- operation
Section 8
Binding Effect
Section 9
Severability of Clauses
Section 10
Save Harmless
I+Y8171=1111f111*y
Schedule "A"
Legal Description of Lands
Schedule "B"
Site Plan
Schedule "C"
Deeds and Easements to be Conveyed
Schedule "D"
Itemized Estimate of Cost of Construction
z
Page 162 of 189
15e) - A By -law to Authorize the Execution of a Site Plan Co...
SITE PLAN CONTROL AGREEMENT
This Agreement made, in triplicate, this 7th day of September 2011, in accordance with
Section 41 of the Planning Act.
BETWEEN: TIMOTHY JAY HILLIARD and DONNA LOUISE HILLIARD
Hereinafter called the "Owner"
PARTY OF THE FIRST PART
-and-
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Hereinafter called the "Township"
PARTY OF THE SECOND PART
WHEREAS the Owner has applied to the Township of Oro - Medonte to construct a 62.4
square metre (672 square foot) one storey addition to an existing two storey building with
a ground floor area of 173.9 square metres (1,872 square feet) used for a motor vehicle
repair garage purpose on lands described in Schedule "A ", attached hereto;
AND WHEREAS the Township has enacted a By -law to provide for the designation of the
lands as subject to "Site Plan Control ";
AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan
attached hereto as Schedule "B ":
NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual
covenants hereinafter contained, the parties hereto hereby covenant and agree as follows:
Page 163 of 189
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1. COVENANTS BY THE OWNER
The Owner covenants and agrees as follows:
a) The Owner owns the subject lands described in Schedule "A ", attached hereto,
and has provided the Township with a Registered Deed containing the legal
description of the subject lands.
b) This Agreement may be registered against title to these subject lands and shall take
priority over any subsequent registrations against the title to the subject lands.
C) No work shall be performed on the lands, nor any use made of the subject lands
with respect to the proposed development, except in conformity with all the
provisions of this Agreement.
d) The Owner shall, prior to the execution of this Agreement, obtain all necessary
permits and approvals from the Township and from all Ministries and Agencies,
including, but not limited to, the County of Simcoe.
e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes
and charges related to obtaining the approval of these lands for the intended use.
f) The Owner shall pay a refundable deposit for such reasonable costs as may be
involved to the Township in having its solicitor, engineer, planner and staff, perform
any work in connection with this Agreement, including the preparation, drafting,
execution, and registration of this Agreement. The Owner acknowledges and
agrees that the Owner shall be responsible for the cost of performance of all the
Owner's obligations hereunder, unless the context otherwise requires. Every
provision of this Agreement, by which the Owner is obligated in any way, shall be
deemed to include the words "at the expense of the Owner", unless specifically
stated otherwise. The refundable deposit for expenses and actual cost shall be
N /A. The Owner shall replenish the refundable deposit, to its full amount, when the
expenses and actual costs are submitted by the Township.
g) The Owner shall have delivered to the Township, all Transfers /Deeds, Discharges
and Easements, or other documents required by Schedule "C, as well as
certification from the Owner's solicitor that the Transfer /Deeds and Easements shall
provide the Township with good title, free and clear from all encumbrances.
h) The Owner shall have delivered to the County of Simcoe, all Transfers /Deeds,
Discharges and Easements, or other documents required by Schedule "C, as well
as certification from the Owner's solicitor that the Transfer /Deeds and Easements
shall provide the County with good title, free and clear from all encumbrances.
i) The Owner agrees that prior to issuance of a Building Permit, a Sewage System
Permit approval must be received by the Township /Ministry of the Environment, if
applicable.
2. COVENANTS BY THE TOWNSHIP
The Township covenants and agrees as follows:
a) That the Township has enacted a By -law to permit the construction of a 62.4
square metre (672 square foot) one storey addition to an existing two storey
building with a ground floor area of 173.9 square metres (1,872 square feet) used
for a motor vehicle repair garage purpose as described on the Site Plan.
b) That the Township agrees that subject to compliance by the Owner with all relevant
Municipal By -laws and Provincial Statutes and Regulations, the Owner may
Page 164 of 189
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proceed to develop the subject lands, as indicated on the Site Plan attached hereto
as Schedule `B ", subject to the development restrictions contained herein.
3. DEVELOPMENT RESTRICTIONS
The Parties hereto acknowledge and agree that any use of the subject lands by the
Owner shall be on and subject to the following terms and conditions:
a) Site Plan
The use and development of the subject lands shall be in accordance with, and as
set out on, the Site Plan drawing dated August 31, 2011, attached hereto as
Schedule "B ". Only the buildings and structures as identified on Schedule "B" shall
be permitted on site.
b) Lighting
All lighting systems installed outside, such as floodlights, shall be directed away
from any adjacent residential use and /or roadway, not to cause interference in any
way.
C) Parking Areas and Driveways
All parking areas and driveways shall be constructed in conformity with Sections
5.19 and 5.20 of By -law No. 97 -95, as amended, and the Ontario Building Code
Regulation #419/86, and such parking areas, loading, and access areas shall be
kept free and clear of snow and ice and kept adequately drained. All entrances
shall be constructed, as in Schedule "B" attached. The Owner agrees to obtain
all necessary approvals from the Township of Oro - Medonte.
d) Outside Storage
No outside storage of any materials or supplies shall be permitted between any
buildings on the premises and any street, unless specifically identified on Schedule
„B„
e) Erosion and Siltation Control
The Owner must take all necessary precautions to prevent erosion and
sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and
downstream prior to and during construction. The Owner agrees to maintain all
erosion and siltation control devices in good repair until vegetative cover has been
successfully established.
4. DEVELOPMENT CHANGES
The parties acknowledge and agree that there shall be no changes to this Agreement or
the Schedules attached hereto, unless and until such changes have been approved by all
parties. It is the intention of the parties that material amendments to this Agreement be
properly recorded. Such amendments may take the form of a registered Amending
Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of
Confirmation, or notations on Engineering drawings. The nature of such record of
amendment shall depend on circumstances.
5. SECURITY
Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the Township,
to cover the faithful performance of the obligations of the Owner arising under this
Agreement, including but not limited to the construction of the works and services identified
in Schedule "D" to this Agreement (the "said Work"), the following securities:
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a) Cash in the amount of one hundred percent (100 %) of the estimated cost of the said
work, as approved by the Township Engineer and Township Council, or:
b) An irrevocable Letter of Credit from a chartered bank, issued in accordance with the
requirements of Schedule "E ", with an automatic renewal clause in the amount of
one hundred percent (100 %) of the estimated costs of the said works, and as
approved by the Township Engineer. The Letter of Credit shall be for a minimum
guaranteed period of one (1) year, or such time as the Township decides, and shall
be renewed automatically, as necessary, thirty (30) days prior to expiration.
C) The Township reserves the right to accept or reject any of these alternative methods
of providing securities. Priorto depositing the securities, the Owner's Engineer shall
submit an estimate of the cost of the works to the Township Engineer for approval.
When the cost estimate has been approved, it will be set out in Schedule "D" of this
Agreement and will become the basis for the limits of the securities.
d) Any Letter of Credit or security filed with the Township is based upon the estimated
cost of completing the various matters prescribed by this Agreement. However, all
Letters of Credit and security received by the Township may be used as security for
any item or any other matter which, under the terms of this Agreement, is the
responsibility of the Owner, including without limiting the generality of the foregoing,
payment of engineering, legal, planning or other costs incurred by the Township,
which are the responsibility of the Owner, under the terms of this Agreement.
e) Upon written notification by the Owner's agent, certifying that all required works
for which the Letter of Credit was submitted have been completed in accordance
with the plans submitted and upon confirmation by the Township or its agent that
the Owner's obligations under this Agreement have been completed, the
Township will return said Letter of Credit.
f) If in the event of default of the Owner under any of the provisions of this
Agreement, it becomes necessary for the Township to realize on its security or
deposits, then the Township shall give, by registered mail, twenty -one (21) day's
notice, its intent to draw down on the security or deposit.
6. COMPLIANCE
Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in
addition to and without prejudice to any security or other guarantee given on behalf of the
Owner for the performance of its covenants and agreements herein, and upon default on
the part of the Owner hereunder, the Township shall, in addition to any other remedy
available to it, be at liberty to utilize the provisions of Section 427 of the Municipal Act,
2001, S. 0. 2001, c. 25, as amended.
The Owner consents to the registration of this Agreement by the Township, upon the title of
the subject lands, at the expense of the Owner and agrees to execute such further and
other documents, consents or applications, as required, for the purpose of securing
registration and giving effect to the provisions of this Agreement.
E:M- IRgII]I."=19a =lot I
This Agreement, and everything contained herein, shall be binding upon the successors
and assigns of the parties hereto, and upon the lands described in Schedule "A ", attached
hereto, such Schedule being a legal description of the lands, and it is further agreed that
this Agreement shall be prepared, approved and registered on title.
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9. SEVERABILITY OF CLAUSES
Should any section, subsection, clause, paragraph, or provision of this Agreement be
declared by a Court of competent jurisdiction to be invalid, the same shall not affect the
validity of the Agreement as a whole or any part thereof, other than the provision so
declared to be invalid.
10. SAVE HARMLESS
The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save
harmless, the Township from and against any and all claims, suits, actions and demands
whatsoever, which may arise either directly or indirectly by reason of any work or service
performed by the Township, its servants or sub - contractors in order to complete the work
or services required to be completed under this Agreement, provided the subject matter of
such action, suits, claims or demands was not caused intentionally or through gross
negligence on the part of the Township, its servants or agents or sub - contractors.
IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals
under the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
Timothy Jay Hilliard
Owner
Donna Louise Hilliard
Owner
The Corporation of the
Township of Oro- Medonte
per:
H.S. Hughes, Mayor
1
) J. Douglas Irwin, Clerk
Page 167 of 189
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SCHEDULE "A"
NOTE: It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro - Medonte and Timothy Jay Hilliard
and Donna Louise Hilliard.
LEGAL DESCRIPTION OF LANDS
856 Horseshoe Valley Road East
Part of West % Lot 1, Concession 11, Medonte
(Former Township of Medonte)
TOWNSHIP OF ORO- MEDONTE
COUNTY OF SIMCOE
PIN 58529- 0120(LT)
Roll# 4346 - 020 - 010 - 14300 -0000
Page 168 of 189
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SCHEDULE "B"
NOTE: It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro - Medonte and Timothy Jay Hilliard
and Donna Louise Hilliard.
SITE PLAN
Building Location Survey of Part of W1/2 Lot 1, Concession 11, Township of Oro - Medonte,
County of Simcoe, dated November 16, 1988, as annotated August 31, 2011 is not in a
registerable form and is available from the Township of Oro - Medonte.
Page 169 of 189
15e) - A By -law to Authorize the Execution of a Site Plan Co...
SCHEDULE "C"
NOTE: It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro - Medonte and Timothy Jay Hilliard
and Donna Louise Hilliard.
DEEDS AND EASEMENTS TO BE CONVEYED
All title documents shall be properly drawn and executed by the parties, with the
appropriate Lot or Block Number inserted in the description of the document, and the
registered Plan Number shall be left blank, to be inserted by the solicitors for the parties
after the Plan is registered and a Plan Number assigned.
The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the
cost of preparation, execution and registration thereof, shall be borne by the Owner.
All documents to be registered shall be prior approved by the solicitor for the Township
The following land and easement shall be conveyed:
1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP
N/A
2.0 LANDS TO BE CONVEYED TO THE COUNTY OF SIMCOE
N/A
3.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP
N/A
to
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SCHEDULE "D"
NOTE: It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro - Medonte and Timothy Jay Hilliard
and Donna Louise Hilliard.
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION
ITEMIZE CONSTRUCTION ESTIMATE AMOUNT
N/A
2. LETTER OF CREDIT AMOUNT
$ 1000.00
Security to be provided by the Owner
to ensure completion of all works required
under the terms of this Agreement, as noted
in Section 5 herein.
Page 171 of 189
15f) - A By -law to Authorize the Execution of the Ontario Ge...
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2011 -143
A By -law to Authorize the Execution of the Ontario Geospatial Data Exchange
(OGDE) Membership Application
and to Repeal By -law No. 2006 -115
WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, Section 224, as amended,
provides that it is the role of Council to ensure that administrative practices and
procedures are in place to implement the decisions of Council;
AND WHEREAS Council of The Corporation of the Township of Oro - Medonte did on
the 20th day of December 2006, enact By -law No. 2006 -115, Being a By -law to
authorize the execution of the Ontario Geospatial Data Exchange Agreement with The
Minister of Natural Resources to facilitate the sharing of land -based information;
AND WHEREAS the Township of Oro - Medonte has been advised that the Ontario
Geospatial Data Exchange Agreement authorized by By -law No. 2006 -115 has expired
and that the Township is required to sign an updated agreement;
NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as
follows:
That the Clerk be authorized to execute the Ontario Geospatial Data Exchange
(OGDE) Membership Application Form to facilitate the continued sharing of land -
based information, attached hereto as Schedule "A" and forming part of this By-
law;
That By -law No. 2006 -115 is hereby repealed in its entirety;
And That this by -law shall take effect on the final passing thereof.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 7Th DAY
OF SEPTEMBER, 2011.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 172 of 189
15f) - A By -law to Authorize the Execution of the Ontario Ge...
Schedule "A ", By -law 2011 -143
Ontario Geospatial Data Exchange (OGDE)
Membership Application Form
June 2010 v1
Page 173 of 189
Complete Legal Name of Organization (Applicant)
Organization Information
The Corporation of the Township of Oro - Medonte
Is your Organization a not for profit corporation? Yes * *Q No 0
** If Yes, attach documentation that satisfies OGRE membership eligibility
requirements (e.g. a certified copy of the Letters Patent and a certificate of status for
your Organization with the certificate being issued by the applicable Ministry of the
Ontario Government (if incorporated in Ontario) not more than thirty (30) days before
your Organization's OGDE membership application is submitted indicating your
Organization is active
OGDE Agreement
Name Harold Daynard
Contact
Position Manager of Information Technology
organization Township of Oro- Medonte
This person will administer the
Address (include Street Address, City, Province and Postal Code)
148 Line 7 South, Box 100, Oro, ON LOL 2X0
OGRE Agreement within your
Organization and advise the
OGDE Administrator who
within your Organization may
access Data through OGDE
and update such information
as necessary, this person
should also have a good
Telephone Number (705) 487 -2171
Fax Number 705 -487 -0133
Email Address
hdaynard @oro -medo nte.ca
understanding of how the
OGDE works.
OGDE Technical Contact
Name Harold Daynard
This person should have
Position Manager of Information Technology
geographic information
systems knowledge and an
Organization Township Of Oro - Medonte
Address (include StreetAddress, City, Province and Postal Code)
148 Line 7 South, Box 100, Oro, ON LOL 2X0
understanding of geospatial
data.
Telephone Number (705) 487 -2171
Fax Number (705) 487 -0133
Email Address
hdaynard @oro- medonte.ca
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SUBSCRIBER INFORMATION (Add as many subscribers as required for Data
available for licensing indirectly through the Ontario Ministry of Natural Resources'
Central Distribution Facility to other OGDE members)
Name
Primary Subscriber
Harold Daynard
Position
This person will be
Manager of Information Technology
authorized to access the
Organization
Ontario Ministry of Natural
Resources' Central
Distribution Facility and
Township of Oro - Medonte
Address (include Street Address, City, Province and Postal Code)
148 Line 7 South
order Data over the
Internet.
Box 100
Oro, ON LOL 2X0
Telephone Number
(705) 487 -2171
Email Address
hdaynard @oro- medonte.ca
Name
Secondary Subscriber
Patrick Howse
Position
This person will be
Information Technology Technician
authorized to access the
Ontario Ministry of Natural
Organization
Resources' Central
Township of Oro - Medonte
Distribution Facility and
order Data over the
Address (include Street Address, City, Province and Postal Code)
Internet.
148 Line 7 South
Box 100
Oro, ON LOL 2X0
Telephone Number
(705) 487 -2171
Email Address
phowse @oro- medonte. ca
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Applicant has read the OGDE Membership Application Form and the OGDE Membership
Terms and Conditions attached to that Form. By completing and signing the OGDE
Membership Application Form and submitting it to the Ontario Ministry of Natural Resources,
Applicant applies for OGDE membership and accepts and agrees to be bound by and comply
with such OGDE Membership Terms and Conditions, as amended from time to time, if its
application is accepted by the Ministry. The Corporation of the Township of
Oro - Medonte
(Applicant's Legal Name)
Per:
Signature
J. Douglas Irwin
Name (Print)
Director Corp. Svs /Clerk
Position
Date
I have authority to bind Applicant.
Accepted by the Ontario Ministry of Natural Resources
Per:
June 2010 v1
Signature
Name (Print)
Position
Date
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Ontario Geospatial Data Exchange (OGDE) Membership Terms and Conditions'
1.0 APPLICATION FOR OGDE MEMBERSHIP
1.1 An Organization which is eligible for OGDE membership and wishes to become an
OGDE member must complete and sign the OGDE Membership Application Form and
submit it to the Ontario Ministry of Natural Resources (OMNR) for acceptance. By
completing and signing that Form and submitting it to OMNR, the Organization
( "Member ") applies for OGDE membership and accepts and agrees to be bound by and
comply with these OGDE Membership Terms and Conditions, as amended from time to
time, referred to in the Membership Application Form if its application is accepted.
1.2 The following Organizations are eligible for membership in the OGDE:
a) Ministries of the Ontario Government and Classified Agencies subject to the Ontario
Management Board of Cabinet's Agency Establishment & Accountability Directive,
as may be amended or replaced from time to time;
b) Departments and Agencies of the Federal Government of Canada;
c) Ministries, Departments and Agencies representing Canadian provincial or United
States federal or state jurisdictions outside the Province of Ontario;
d) Regional and local Municipal Governments (not restricted to Ontario);
e) Broader public sector organizations (not restricted to Ontario) such as conservation
authorities provided they are legal entities;
f) Post - secondary educational institutions and school boards (not restricted to
Ontario);
g) First Nations and aboriginal communities and their representative organizations (not
restricted to Ontario);
h) Not for profit corporations with a public interest mandate (not restricted to Ontario);
and
i) Organizations which provide energy, water or sewer services to Ontario residents,
including without limitation Hydro One and Ontario Power Generation Inc.
Note: Organizations must demonstrate that they are eligible for OGDE membership.
Until an Organization provides adequate evidence that it satisfies an eligibility
requirement(s), such as non - profit corporate status with a public interest mandate, it will
not become a member.
2.0 OGDE MEMBER DATA LICENSING RIGHTS AND OBLIGATIONS
2.1 Member has the following rights and is subject to the following obligations relating to Data
licensing through the OGDE:
1. Capitalized terms used in this Attachment which are defined in Appendix A (Ontario Geospatial Data Exchange
Data Licence Agreement) of the OGDE Membership Application Form have the same meaning given to them in this
Attachment unless the context otherwise requires.
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a) Understanding that some OGDE members will voluntarily make Data available for
licensing to other members while other members will only receive Data made available
for licensing by other members, Member is encouraged without obligation to make
Data reasonably available for licensing to other OGDE members, including related
Metadata.
b) Member may choose the Data it wishes to license to other OGDE members, the Data
being shared on a voluntary basis by OGDE members contributing Data with other
members upon request and only on the basis of the terms and conditions of the
standard Ontario Geospatial Data Exchange Data Licence Agreement set out in
Appendix A attached to and forming part of the OGDE Membership Application Form,
as may be amended by OMNR from time to time ( "Standard Licence "). Member
providing Data warrants that it owns the Data or has sufficient rights to provide the
other members with the licence and rights described in the Standard Licence for the
Data and that no Restricted Data is being licensed.
c) Member agrees that the then current Standard Licence shall be deemed to apply to the
Data being licensed, whether Member is providing the Data to or receiving the Data
from other OGDE members through the OGDE, and its effective date shall be deemed
to be the date of request for the Data by the OGDE member which wishes to receive
the Data. There will be no requirement for Member to execute the then current
Standard Licence to validate a licence otherwise deemed to be signed by the parties
thereto and apply to the applicable Data prior to its distribution.
d) Member shall confirm the OGDE membership status of other members requesting
Data by checking the membership list available on OMNR's Land Information Ontario
Internet site @ http: / /www.mnr..qov.on.ca /en /Business /LIO /index.htmi prior to
distributing Data directly to such members.
e) Member may choose at its discretion to license Data which it makes available to other
OGDE members directly or indirectly. Licensing out "directly" means Data is supplied
by Member directly to another member subject only to the then current Standard
Licence. Licensing out "indirectly" means Data is supplied at the request of the
member wishing to obtain same by OMNR (as OGDE Administrator) on behalf of the
member providing same subject only to the then current Standard Licence from
OMNR's Central Distribution Facility. Indirect licensing out will be conducted on the
basis of the Licensor Agency Agreement set out in Appendix B attached to and forming
part of the OGDE Membership Application Form, as may be amended by OMNR from
time to time ( "Standard Agency Agreement "). OMNR may only act as agent for
Member for indirect licensing of Data if Member is a legal entity separate from Her
Majesty the Queen in right of Ontario.
If Member at its option decides to make Data available for licensing indirectly through
OMNR to other OGDE members, Member will make it known to other OGDE members
that it has Data available for such indirect licensing by creating, cataloguing, supplying
or uploading to and maintaining the related Metadata and its contact information in
OMNR's Metadata directory available on the Internet using software applications
provided by OMNR at no charge subject to licences being first put in place with OMNR.
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Member agrees to assume all risks associated with its use of this Metadata directory.
Member in connection with such indirect licensing will also supply all related Metadata
when Member provides the Data and updates to the Data to OMNR and may access
and request the deletion of the Data which Member makes available for licensing from
OMNR's Central Distribution Facility. OMNR reserves the right to accommodate this
option subject to the terms and conditions set out in the Standard Agency Agreement.
f) Except as may be otherwise permitted under the applicable Standard Licence,
Member shall not make available or supply directly or indirectly any of the Data
obtained by Member from another OGDE member through the OGDE to another
member or third party without the prior written approval from the member which made
the Data available for licensing initially through the OGDE.
g) Member shall have access to all Data made available for licensing through the OGDE
by other OGDE members. Data licensing will typically be initiated by a member
wishing to obtain certain Data contacting the member which has made the Data
available for licensing through the OGDE. The OMNR Metadata directory contains
lists of available Data and contact information supplied by members. Member may also
contact OMNR for assistance in obtaining Data.
h) Where Member updates or makes corrections to Data received by it under the
Standard Licence from another OGDE member, Member shall make reasonable efforts
to provide the updates and corrections to the other OGDE member(s) which provided
such Data within a reasonable period of time following their creation.
i) Member has no duty to maintain, update or correct any Data, including Metadata, which
it supplies directly to other OGDE members pursuant to the then current Standard
Licence.
2.2 Member acknowledges that any use of Data received by it under and not expressly
permitted by the terms and conditions of the then current Standard Licence will require a
separate licence agreement and royalty fees may be payable.
2.3 Member alone or with other OGDE members may agree to acquire Data from a
commercial source or a non -OGDE member for licensing among OGDE members.
2.4 Member is solely responsible for all expenses which it incurs associated with its OGDE-
related activities.
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3.0 NO FEE OR ROYALTY
3.1 No fee or royalty shall be payable by Member to become an OGDE member or to receive
and use Data licensed to it directly or indirectly by other OGDE members pursuant to the
Standard Licence.
4.0 RESTRICTED DATA
4.1 No Restricted Data shall be licensed by Member to another OGDE member through the
OGDE. The Standard Licence shall not be used by Member for licensing Restricted
Data.
5.0 FREEDOM OF INFORMATION
5.1 Member acknowledges that Member and other OGDE members may be subject to
federal, provincial or municipal information access and privacy legislation (hereafter
referred to as "FOI Legislation ") and may be compelled pursuant to FOI Legislation to
disclose Data made available for licensing through the OGDE.
5.2 Should Member receive pursuant to FOI Legislation a request for Data licensed through
the OGDE, Member will comply with FOI Legislation.
5.3 Member shall ensure that any Data which it licenses through the OGDE complies with
applicable FOI Legislation as well as Member's access to information and privacy
protection policies and guidelines.
6.0 MEMBERSHIP TERM AND TERMINATION
6.1 Member's OGDE membership will be effective on the date OMNR accepts its OGDE
membership application. Provided Member remains eligible for OGDE membership, such
membership will continue until OMNR ceases to operate the OGDE or Member's
membership is terminated, whichever occurs first.
6.2 In addition to its termination right under Section 7.1 below, OMNR may terminate
Member's OGDE membership immediately upon written notice to Member in the event
Member ceases to be eligible for OGDE membership or Member breaches any of its
obligations under these OGDE Membership Terms and Conditions and fails to remedy
such breach within thirty (30) days of receipt of written notice from OMNR advising
Member of such breach and demanding that it be remedied.
Member may terminate its OGDE membership at any time by sending OMNR a written
termination notice which specifies the effective date of termination.
6.3 Member will not use any Data received by it under the Standard Licence from other
OGDE members through the OGDE following the effective date of termination of its
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membership, such Licence(s) terminating at the same time that Member's OGDE
membership terminates. Member acknowledges that any Data it has licensed directly or
indirectly to other OGDE members subject to the terms and conditions of the Standard
Licence may continue to be used by such members following such termination.
7.0 OGDE Operation; OGDE Administrator Obligations
7.1 OMNR will operate the OGDE and act as OGDE Administrator for five (5) years
commencing June 1, 2010, which period will be subject to automatic renewal unless
OMNR provides twelve (12) months notice otherwise to Member prior to any renewal.
OMNR's OGDE - related activities are based on the assumption of continued funding by
the Ontario Government; should the funding be reduced or withdrawn, notwithstanding
any provision in these OGDE Membership Terms and Conditions to the contrary, OMNR
reserves the right to cease operating the OGDE upon six (6) months notice.
7.2 OMNR, as the OGDE Administrator, will review and verify for eligibility all OGDE
membership applications and maintain a current list of OGDE members, including their
contact information provided on OGDE membership applications, accessible on the
Internet as indicated in Section 2.1 d) above.
7.3 Subject to the terms and conditions of the Standard Agency Agreement executed by
Member and OMNR, OMNR, as the OGDE Administrator, will at no charge to Member:
a) use OMNR's Central Distribution Facility to receive from and distribute Data as an
agent for Member to other OGDE members through the OGDE, providing Member
with access to such Data which Member has supplied for that purpose under that
Agreement;
b) provide Member with (i) limited support and training relating to Central Distribution
Facility services and associated software applications then available from OMNR to
OGDE members which have executed Standard Agency Agreements, (ii) support for
completing and responding to queries pertaining to the OGDE Membership
Application Form and related documentation and (iii) assistance for preparing
unstructured Data to be uploaded to the Central Distribution Facility for indirect
licensing;
c) take such actions to protect Data supplied by Member to OMNR pursuant to the
Standard Agency Agreement from loss, unauthorized use or damage as OMNR
takes to protect its own Data from such risks while such Data is in OMNR's
possession;
d) coordinate high level communications relating to OGDE activities such as members'
meetings, amendments to OGDE membership documentation, issues resolution and
reporting on developments of general interest to members; and
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e) maintain information on Data which OMNR licenses for its own account or as agent
for other members and may create ad hoc reports, upon request, subject to available
resources.
7.4 OMNR, in its capacity as an OGDE member, will enjoy the same rights provided to
Member under these OGDE Membership Terms and Conditions, as amended from time
to time, and, except as otherwise provided herein, will be bound by and comply with the
obligations that are binding on Member under such Terms and Conditions.
8.0 OMNR DISCLAIMER; MEMBER INDEMNITY AND INSURANCE
8.1 Except as otherwise provided in the then current Standard Licence where OMNR is
licensing out Data through the OGDE, OMNR, as the OGDE Administrator, makes no
representation or warranty whatsoever with respect to Data available for licensing by
OGDE members through the OGDE. Member agrees to assume all risks associated with
access to and delivery, use and performance of Data provided to it through the OGDE.
In no event shall OMNR or its directors, officers, appointees, employees, agents or
contractors be liable to Member or any third party for any claims, demands, suits, actions
or causes of action alleging loss, costs, expenses, injuries (including injuries resulting in
death) or direct, indirect, special, incidental or consequential damages of any nature or
kind whatsoever, including without limitation loss of revenue or profits or other economic
loss, by whomsoever made, incurred, brought, prosecuted or sustained, arising out of any
conduct by Member, its directors, officers, employees, agents or contractors relating to its
OGDE membership, including without limitation the exercise by Member of any OGDE
membership right with any other OGDE member, the operation or administration of the
OGDE by or for OMNR, or otherwise relating to Member's membership in the OGDE
even if OMNR has been advised of the possibility of such damages.
8.2 Member shall indemnify and hold harmless OMNR, its directors, officers, appointees,
employees, agents and contractors from all claims, demands, suits, actions and causes
of action alleging loss, costs, expenses, injuries (including injuries resulting in death) or
direct, indirect, special, incidental or consequential damages of any nature or kind
whatsoever by whomsoever made, incurred, brought, prosecuted or sustained arising out
of any conduct by Member, its directors, officers, employees, agents or contractors
relating to Member's OGDE membership, including without limitation the exercise by
Member of any OGDE membership right with any other OGDE member, or otherwise
relating to Member's membership in the OGDE. This provision, however, will not apply
to Member if Member was eligible for membership in OGDE and accepted by OMNR as a
member under any of Sections 1.2 a) — d) above.
8.3 a) Member agrees to put in effect and maintain for the term of its OGDE membership
at its own cost with insurers having a secure A.M. Best rating of B + or greater, or
the equivalent, all the necessary and appropriate insurance that a prudent person in
the business of Member would maintain including, but not limited to, the following:
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(i) commercial general liability insurance on an occurrence basis for third party
bodily injury, personal injury and property damage, to an inclusive limit of not
less than two million dollars ($2,000,000) Cdn. per occurrence, two million
dollars ($2,000,000) Cdn. products and completed operations aggregate; the
policy is to include the following:
• OMNR and all others indemnified under Section 8.2 above as additional
insureds with respect to liability arising in the course of the exercise by
Member of any OGDE membership right or performance or failure to
perform any of Member's obligations under, or otherwise in connection
with Member's OGDE membership
• contractual liability coverage
• cross - liability clause
• 30 day written notice of cancellation, termination or material change
• tenants legal liability coverage (if applicable and with applicable sub -
limits)
• non -owned automobile coverage with blanket contractual coverage for
hired automobiles; and
(ii) errors and omissions liability insurance, insuring liability for errors and
omissions in the exercise by Member of any OGDE membership right or
performance or failure to perform any of Member's obligations under, or
otherwise in connection with Member's OGDE membership in an amount not
less than two million dollars ($2,000,000) Cdn. per claim and in the annual
aggregate.
b) Member shall provide OMNR when Member submits its signed OGDE Membership
Application Form for acceptance with proof of the insurance required by Section 8.3
a) in the form of valid certificates of insurance that reference the OGDE membership
Agreement and confirm the required coverage and renewal replacements on or
before the expiry of any such insurance. Upon the request of OMNR, a copy of
each insurance policy shall be made available to it.
c) Sections 8.3 a) and b), however, will not apply to Member if Member was eligible for
membership in OGDE and accepted by OMNR as a member under any of Sections
1.2 a) — d) above.
8.4 Sections 8.1, 8.2, 8.3 and 8.4 shall survive the termination of Member's OGDE
membership and continue to bind Member, provided that Section 8.3 shall survive for
only two (2) years after such termination. The limitations, exclusions, disclaimers and
indemnity set out in these Sections shall apply regardless of the nature of any claim,
demand, suit, action or cause of action, including but not limited to breach of contract,
negligence, strict liability or tort, and shall survive any fundamental breach.
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9.0 RELATIONSHIP BETWEEN THE PARTIES
9.1 Member's membership in the OGDE does not create any relationship of principal and
agent or employer or employee between the parties. Member and OMNR expressly
disclaim any intention to create a partnership, joint venture or joint enterprise by virtue of
the OGDE or Member's membership in the OGDE and agree that nothing contained in
these OGDE Membership Terms and Conditions nor any act by either of them shall
constitute or be deemed to constitute them as partners or joint venturers in any way or for
any purpose.
Except for OMNR possibly acting in the capacity of Member's agent under a separate
Standard Agency Agreement referred to in Section 2.1 e) above, neither party has the
authority to act for or to assume any obligation or responsibility on behalf of the other
party under these OGDE Membership Terms and Conditions. Member shall not indicate,
suggest or imply that it represents or acts as an agent for any other OGDE member,
including OMNR.
10.0 WAIVER
10.1 To be effective a waiver by OMNR of any failure by Member to comply with any of these
OGDE Membership Terms and Conditions shall be in writing and signed by OMNR. Any
waiver must refer to a specific failure to comply and shall not have the effect of waiving
any subsequent failure to comply.
The failure of OMNR to insist in one or more instances upon the performance by
Member of any of these Membership Terms and Conditions shall not be construed as a
waiver of the right of OMNR to require future performance of any of these Membership
Terms and Conditions and the obligations of Member with respect to such future
performance shall continue in full force and effect.
11.0 ENTIRE AGREEMENT; AMENDMENTS
11.1 Member's OGDE membership application, including these Membership Terms and
Conditions incorporated by reference, once completed, signed and submitted by Member
and accepted by OMNR, shall constitute the entire agreement between the parties
relating to its subject matter and all prior agreements, including the parties' initial OGDE
agreement (if any), undertakings, negotiations and representations, oral or written,
relating to such subject matter are superseded by the provisions of this Agreement.
11.2 OMNR may amend the OGDE Membership Application Form, including without limitation
the OGDE Membership Terms and Conditions, the Standard Licence and the Standard
Agency Agreement, by adding new provisions and revising or deleting existing provisions
from time to time on ninety (90) days notice to all OGDE members.
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12.0 GOVERNING LAW; ASSIGNMENT
12.1 The OGDE Membership Application Form, including the OGDE Membership Terms and
Conditions and its Appendices, shall be governed by and construed in accordance with
the laws of the Province of Ontario.
12.2 Member may not assign its OGDE membership, in whole or in part, without the prior
written consent of OMNR.
13.0 NOTICES
13.1 All notices and communications required to be given pursuant to this OGDE membership
Agreement by a party shall be in writing and forwarded in the manner prescribed below to
the other party's OGDE Agreement Contact.
Notice shall be given by:
(i) personal delivery, effective at the time of delivery;
(ii) fax, effective at the time of receipt by the sending party of confirmation of its
successful transmission to the receiving party;
(iii) email, effective at the time the email enters the receiving party's email inbox; or
(iv) registered mail, effective on the fifth day following the deposit of a properly
addressed notice in the mail, provided however, in the event of an actual or
threatened disruption of postal service, notice shall not be given by registered
mail.
13.2 The contact information for the designated representatives referred to above will be
based on the then current list of OGDE members maintained by OMNR.
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197 I41016 ]N1e7:7A9reP110]a9:I40 IrGPJ1k' &j :I Iae]:Ke]:Z0 2 �d:1•I•rr0 l
BY -LAW NO. 2011 -145
A By -law to Appoint An Auditor and to
Repeal By -Law 2007 -107
WHEREAS Section 296(1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that a municipality shall appoint an auditor licensed under the Public
Accounting Act, 2004 who is responsible for, (a) annually auditing the accounts and
transactions of the municipality and its local boards and expressing an opinion on the
financial statements of these bodies based on the audit; and (b) performing duties
required by the municipality or local board;
AND WHEREAS the Council of The Corporation of the Township of Oro - Medonte
Council deems it expedient, per Motion No. C110817 -36, to appoint a municipal auditor
for a four year term being the fiscal years of 2011, 2012, 2013 and 2004;
NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as
follows:
1. That Gaviller & Company of Collingwood, Ontario be appointed as Municipal
Auditor;
2. That the appointment shall be for the fiscal years 2011, 2012, 2013 and 2014;
3. That By -Law No. 2007 -107 is hereby repealed;
4. That this By -Law come into force and take effect on January 1, 2011.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 7T" DAY
OF SEPTEMBER, 2011.
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
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THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2011 -146
Being a By -law to Delegate Powers and Duties
for the Township of Oro - Medonte with respect to the
Granting of Temporary Parking in "No Parking" Zones on
Highways under the Jurisdiction of the Township of Oro - Medonte
WHEREAS Section 23.1(1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that a municipality may delegate its powers and duties under this or any other
Act to a person or body subject to the restrictions set out in this Part;
AND WHEREAS the Council of The Corporation of the Township of Oro - Medonte did,
on the 19th day of December, 2007, adopt a Delegation of Powers and Duties Policy by
enacting By -law No. 2007 -141;
AND WHEREAS the Council of The Corporation of the Township of Oro - Medonte, did
on the 25th day of February 2009, enact By -law No. 2009 -022, Being a By -law to
provide for the restricting and regulating of parking, standing and stopping on highways
or parts of highways under the jurisdiction of The Corporation of the Township of Oro -
Medonte;
AND WHEREAS Section 224 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
states that it is the role of Council to ensure that administrative policies, practices and
procedures are in place to implement the decisions of Council;
AND WHEREAS the Council of The Corporation of the Township of Oro - Medonte
deems it necessary to delegate the authority to grant temporary parking in "No Parking"
Zones on highways under the jurisdiction of the Township of Oro - Medonte;
NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as
follows:
The Director of Corporate Services /Clerk and /or his /her designate is hereby
delegated the authority to grant temporary parking in "No Parking" Zones on
highways under the jurisdiction of the Township of Oro - Medonte for events not
exceeding 24 hours in duration in the event the matter must be addressed before
the next regularly scheduled Council meeting.
This by -law shall take effect on the on the final passing thereof.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 7Th DAY
OF SEPTEMBER, 2011.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
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15i) - A By -law to Authorize the Execution of an Addendum to...
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2011 -147
A By -law to Authorize the Execution of an Addendum to a Lease Agreement
Between The Corporation of the Township of Oro - Medonte and the
Huronia Nurse Practitioner — Led Clinic
And to Amend By -law No. 2011 -129
WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 224, as amended, states
that it is the role of Council to ensure that administrative practices and procedures are in
place to implement the decisions of Council;
AND WHEREAS the Council of The Corporation of the Township of Oro - Medonte did
enact By -law No. 2011 -129, A By -law to Authorize the Execution of a Lease Agreement
Between The Corporation of the Township of Oro - Medonte and the Huronia Nurse
Practitioner — Led Clinic, on the 18th day of August 2011;
AND WHEREAS the Council of the Township of Oro - Medonte does now find it
expedient to execute an Addendum to the Lease authorized pursuant to By -law No.
2011 -129;
NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as
follows:
That the Mayor and Clerk are hereby authorized to execute an Addendum to the
Lease Agreement between The Corporation of the Township of Oro - Medonte
and the Huronia Nurse Practitioner— Led Clinic, attached hereto as Schedule "A"
and forming part of this By -law.
That By -law No. 2011 -129 is hereby amended by adding an Addendum to the
Lease Agreement, attached hereto as Schedule "A"
This by -law shall take effect on the final passing thereof.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 7Th DAY
OF SEPTEMBER, 2011.
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
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15i) - A By -law to Authorize the Execution of an Addendum to
Schedule "A" to By -law No. 2011 -147
Addendum to Lease
Huronia Nurse Practitioner- Led Clinic
3331 4th Line North, Oro - Medonte
"Notwithstanding the `Term" as provided in Section 3(a) of Lease Agreement
dated 11 day of Augus t , 2011, should the Township of Oro - Medonte provide an
alternate location suitable for a long term facility for the Huronia Nurse Practitioner -
Led Clinic within the Township and both parties are in agreement, the lease may be
terminated upon mutual agreement without penalty."
EXECUTED at
this day of
I/We have authority to bind the Corporation.
THE CORPORATION OFTHE TOWNSHIP OF ORO- MEDONTE
Per:
Name: H. S. Hughes, Mayor
Title: Mayor
Per:
Name: J. Douglas Irwin
Title: Director of Corporate Services /Clerk
EXECUTED at �C (r, this day of
I/We have authority to bind the Corporation.
HURONIA`N,UJRSE PRACTITIONER — LED CLINIC
Per.
Name: n n-e UU1 o Iles✓ ! ✓rn� },-�
Title: _ i3ca' k-d o % I `�
Per: C -
Name:
Title:G C� �,� �l t r6.�.
1nP� C L L, --A,C
Page 188 of 189
18a) - Being a By -Law to Confirm the Proceedings of the Coun...
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2011 -144
Being a By -Law to Confirm the Proceedings of the Council Meeting held on
Wednesday, September 7, 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,
September 7, 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 7T"
DAY OF SEPTEMBER, 2011.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 189 of 189