09 28 2011 Council AgendaTownship of
Proud Heritage, Exciting Future
THE TOWNSHIP OF ORO- MEDONTE
COUNCIL MEETING AGENDA
COUNCIL CHAMBERS
Wednesday, September 28, 2011
6:00 p.m. - Closed Session
7:00 p.m. - Open Session
1. CALL TO ORDER - PRIVATE PRAYER /MOMENT OF REFLECTION:
2. ADOPTION OF AGENDA:
a) Motion to Adopt the Agenda.
3. DISCLOSURE OF PECUNIARY INTEREST:
4. CLOSED SESSION ITEMS:
a) Motion to go In Closed Session.
b) Motion to Rise and Report.
c) Doug Irwin, Director of Corporate Services /Clerk, re: Acquisition /disposition of
land (Line 11 North & 15/16 Sideroad - Part 3, Plan 51R-36354).
d) Doug Irwin, Director of Corporate Services /Clerk, re: Acquisition /Disposition
(Request to Purchase, 2299 Highway 11 North).
e) Andria Leigh, Director of Development Services, re: Acquisition /disposition of
land (Affordable Housing).
f) Robin Dunn, CAO, re: Litigation affecting the municipality (West 1/2 Lot 11,
Concession 8).
[Addenda]
g) Robin Dunn, CAO, re: Solicitor - client privilege (Tri -Party MOU).
[Addenda]
h) Robin Dunn, CAO, re: Acquisition /disposition of land (Forest Home Industrial
Park).
[Addenda]
i) Robin Dunn, CAO, re: Personal matters about an identifiable individual (Fire &
Emergency Services Staffing).
[Addenda]
5. IDENTIFICATION FROM THE PUBLIC OF AN AGENDA ITEM OF
INTEREST:
6. MINUTES OF COUNCIL AND COMMITTEES:
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6. MINUTES OF COUNCIL AND COMMITTEES:
a) Minutes of Council meeting held on Wednesday, September 14, 2011.
b) Minutes of Special Council meeting held on Monday, September 19, 2011.
c) Minutes of the Accessibility Advisory Committee meeting held on Thursday,
September 22, 2011.
7. RECOGNITION OF ACHIEVEMENTS:
a) Oro - Medonte Fire & Emergency Services, re: Contribution to the Simcoe
County CBRNE Incident Response Team.
b) Correspondence dated September 14, 2011 from Michael Hamilton & Family,
re: Letter of Appreciation to Station 1 Firefighters (Shanty Bay).
8. PUBLIC MEETINGS:
a) 7:00 p.m. Proposed Amendment to the Zoning By -law, Application 2011 -ZBA-
07, Concession 13, East Part Lot 5, Draft Plan of Subdivision 43T- 90082, in
the Township of Oro - Medonte.
b) 7:10 p.m. Proposed Plan of Subdivision and amendment to the Zoning By -law,
Applications 2011 - SUB -02 and 2011- ZBA -10, Concession 14, South Part Lot
5 (within the former Township of Medonte) located south of Warminster
Sideroad, west of Highway 12 and east of Line 13 North, Township of Oro -
Medonte.
9. DEPUTATIONS:
a) 7:20 p.m. Angela County, Ontario Recycling, re: 18 Small Crescent - Ontario
Recycling Facility [refer to Item 10c)].
b) 7:30 p.m. Peter Galloway, re: Boundaries of the Proposed Solar Generating
Facility "Midhurst 3 ", Line 5 North, Township of Oro - Medonte [refer to Item
10b)].
10. REPORTS OF MUNICIPAL OFFICERS:
a) Report No. CS2011 -027, Doug Irwin, Director of Corporate Services /Clerk, re:
Proposed Location for the Installation of Broadband Tower.
b) Report No. DS2011 -038, Andria Leigh, Director of Development Services, re:
Recurrent Energy — Orillia 1 & 3, Midhurst 3 & 4 Solar Projects Municipal
Consultation Forms.
c) Report No. DS2011 -039, Andria Leigh, Director of Development Services, re:
Site Plan Status Update — 2133005 Ontario Limited /Ontario Recycling, 18
Small Crescent, Part of Lot 16, Part 6 & 7, RP- 19270, Pt Lot 16, Concession
14, Being all of PIN 58548 -0082 (LT) (Former Township of Oro).
Report No. TES2011 -11, Jerry Ball, Director of Transportation and
Environmental Services, re: Speed Limit, Woodland Drive [to be distributed at
142 -143 d)
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144
145
146
147
10. REPORTS OF MUNICIPAL OFFICERS:
the meeting].
11. REPORTS OF MEMBERS OF COUNCIL:
a) Mayor H.S. Hughes, re: Women's Institute, Request for Township Pins.
b) Councillor Evans, re: Heavy Truck Usage.
12. CONSENT AGENDA:
a) Announcements of Interest to the Public - None.
b) Correspondence received September 21, 2011 from Deanna Stewart, Crime
Stoppers, re: Crime Stoppers /Ontario Provincial Police 13th Annual Gala
Dinner and Silent Auction.
Staff Recommendation: Receive.
13. COMMUNICATIONS:
a) Correspondence received August 30, 2011 from The Anglican Church of the
Parish of Coldwater - Medonte, re: Fairvalley Church Road.
14. NOTICE OF MOTIONS:
15. BY -LAWS:
a) By -Law No. 2011 -151 A By -law to Amend By -law No. 2011 -063, Being a
By -law to Appoint Municipal Law Enforcement
Officers /Provincial Offences Officers.
148 -155 b) By -Law No. 2011 -153 A By -law to Authorize the Execution of An
156
Agreement Between The Corporation of the
Township of Oro - Medonte and Denise Mary
Gardner and Robert Gardner.
16. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM:
17. CLOSED SESSION ITEMS (UNFINISHED ITEMS):
18. CONFIRMATION BY -LAW:
a) By -Law No. 2011 -152 Being a By -Law to Confirm the Proceedings of the
Council Meeting held on Wednesday, September
28, 2011.
19. ADJOURNMENT:
a) Motion to Adjourn.
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6a) - Minutes of Council meeting held on Wednesday, Septembe...
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Proud Heritage, E.v iring Future
Wednesday, September 14, 2011
THE TOWNSHIP OF ORO- MEDONTE
REGULAR COUNCIL MEETING MINUTES
Hawkestone Community Hall
3 Allen Street, Hawkestone
2010 - 2014 COUNCIL
Present: Mayor H.S. Hughes
Deputy Mayor Ralph Hough
Councillor Mel Coutanche
Councillor Kelly Meyer
Councillor Marty Lancaster
Councillor John Crawford
Councillor Dwight Evans
TIME: 7:02 p.m.
Staff Present: Robin Dunn, Chie:.`u. nistrative Officer; Paul Gravelle, Director of
Finance /Treasurer /L duty CAO; Doug Irwin, Director of Corporate
Services /Clerk; Andri '.eigh, Director of Development Services; Donna
Hewitt, Director of Cork: )rate & Strategic Initiatives; Shawn Binns,
Director of Recreation and Community Services; Hugh Murray, Deputy
Fire Chief; Curtis Shelswell; Chief Municipal Law Enforcement Officer;
Janette Teeter, Deputy Clerk; Samah Othman, Executive Assistant /
Corporate Communications Specialist; Darcy Brooke - Bisschop,
Administrative Assistant
Also Present: Anna Proctor, Sheila Craig, Ken Owttrim, Gwen Crump, Shirley Clark,
Darren Vella, Paul Harris, Garth Daniels, Ann Truyens, Marion Briggs,
Ivadell Scott, Adam Briggs, Brenda Tasnadi, Jessica Taliana, Cathy
Porter, Howard Leake, Bill Stonkus, Vanessa Cooper, Carl Harrison,
Christine Harrison, Paul Miller, Linda Argent, Joanne Beattie, Devon
Hutton, Christine & Brian Ambeau
1. CALL TO ORDER - PRIVATE PRAYER/MOMENT OF REFLECTION:
Mayor H.S. Hughes assumed the Chair and called the meeting to order followed by a
private prayer /moment of reflection.
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Council Meeting Minutes — September 14, 2011.
2. ADOPTION OF AGENDA:
a) Motion to Adopt the Agenda.
Motion No. C110914 -1
Moved by Evans, Seconded by Crawford
Be it resolved that the agenda for the Council meeting of Wednesday, September 14,
2011 be received and adopted, as amended to add Items
9c) Linda Argent, on behalf of Hawkestone and Area Community Association re: Kids
Club Overview and
10d) Jerry Ball, Director of Transportation and Environmental Services re: Emergency
Bridge Repair, Line 13 North, North of Hwy. 11, Lot 17.
3. DISCLOSURE OF PECUNIARY INTEREST,
None declared.
4. CLOSED SESSION ITEMS:
None.
Carried.
5. IDENTIFICATION FROM THE PUBLIC OF AN AGENDA ITEM OF INTEREST:
6. MINUTES OF COUNCIL AND COMMITTEES:
a) Minutes of Council meeting held on September 7, 2011.
Motion No. C110914 -2
Moved by Meyer, Seconded by Coutanche
Be it resolved that the draft minutes of the Council meeting held on Wednesday,
September 7, 2011 be adopted as printed and circulated.
Carried.
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6a) - Minutes of Council meeting held on Wednesday, Septembe...
Council Meeting Minutes — September 14, 2011.
7. RECOGNITION OF ACHIEVEMENTS:
a) Hugh Murray and Brent Cordingley, Fireworks and Pyrotechnics (AHJ Certification)
Education and Awareness Recognition from Explosives Regulatory Division / Natural
Resources Canada and Simcoe County Fire Prevention Officers Association.
Motion No. C110914 -3
Moved by Crawford, Seconded by Lancaster
Be it resolved that Hugh Murray and Brent Cordingley Oro - Medonte Fire & Emergency
Services Dept. be recognized, under the Mayor's signature, for the completion of the
Fireworks and Pyrotechnics (AHJ Certification) from the Explosives Regulatory Division
/ Natural Resources Canada and Simcoe County Fire Prevention Officers Association.
Carried.
b) Letters of Commendation to:
A /Fire Chief, Hugh Murray
Captain Dave Britton
Captain Paul Daoust
Captain Rick Yule
Training Officer Bill Duncan
Firefighters
Shannon Britton Mike Leeman
Rob Clarke Ken Neal
Philip Corkett
Ed Davis
Ron Dick
Phillip Patchell
Ryan Webb
Donovan White
Bob France Recruit Aaron Emberson
from A.J. Mayo, Detachment Commander, Barrie Detachment, Ontario Provincial Police
for Assistance of Incident, July 15, 2011.
Motion No. C110914 -4
Moved by Coutanche, Seconded by Meyer
Be it resolved that letters of recognition be sent, under the Mayor's signature, to the
Oro - Medonte Fire & Emergency Services staff who assisted the Barrie Detachment,
Ontario Provincial Police with the Incident on July 15, 2011.
Carried.
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Council Meeting Minutes — September 14, 2011.
8. PUBLIC MEETINGS:
a) Proposed Amendment to the Zoning By -Law, 2009 - ZBA -05, 2981 and 3003 Ridge Road
West, Township of Oro - Medonte, (APT Operational Management Inc. and Mark Porter).
Deputy Mayor Hough called the meeting to order at 7:17 p.m. and explained that the
public meeting had been called under the authority of the Planning Act, Sections 34,
R.S.O. 1990 c. P.13, to obtain public comment with respect to a proposed Amendment
to the Zoning By -law, Application 2009 - ZBA -05 (APT Operational Management Inc.&
Mark Porter), Part of Lot 2, Concession 2, RP 51 R- 28938, Parts 3, 4 & 6 RP 51 R-
33292, Part 1 & 2, municipally known as 2953 & 3003 Ridge Road West (formerly within
Township of Oro), Township of Oro - Medonte.
Notice of the Public Meeting was mailed to landowners within 120m (400 feet) of the
specified site on August 25, 2011 and a sign posted on the subject property on the
same day.
The following correspondence was received at the meeting: County of Simcoe dated
August 31, 2011.
Andria Leigh, Director of Development Services explained the purpose and effect of the
proposed Amendment. A PowerPoint presentation was presented.
Darren Vella, Innovate Planning Solutions, on behalf of the applicant, provided an
overview of the proposed Amendment. A PowerPoint presentation was presented.
The following public persons offered verbal comments with respect to the proposed
Amendment: None.
Deputy Mayor Hough advised that written submissions will be received at the Township
office until September 23, 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 7:35 p.m.
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Council Meeting Minutes — September 14, 2011.
9. DEPUTATIONS:
a) Jessica Taliana re: Lyme Disease.
A PowerPoint presentation was presented.
Motion No. C110914 -5
Moved by Evans, Seconded by Crawford
WHEREAS the tick -borne illness known as Chronic Lyme Disease, which mimics many
catastrophic illnesses, such as Multiple Sclerosis, Crohn's, Alzheimer's, arthritic
diabetes, depression, Chronic Fatigue and Fibromyalgia is increasingly endemic in
Canada, but the scientifically validated diagnostic tests and treatment choices are
currently not available in Ontario, forcing patients to seek these in the USA and Europe;
AND WHEREAS The Canadian Medical Association informed the public governments
and the medical profession in the May 30, 2000 edition of their professional journal that
Lyme Disease is endemic throughout Canada, particularly in Southern Ontario;
AND WHEREAS the Ontario Public Health system and the Ontario Health Insurance
Plan (OHIP) currently do not fund those specific tests that accurately serve the process
for establishing a clinical diagnosis, but only recognize testing procedures known in the
medical literature to provide false negatives 45 to 95% of the time;
NOW THERFORE BE IT RESOLVED THAT The Council of the Corporation of the
Township of Oro - Medonte respectfully request, under the Mayor's signature, that the
legislative assembly of Ontario request the Minister of Health to direct the Ontario Public
Health System and OHIP to include all currently available and scientifically verified tests
for Acute and Chronic Lyme diagnosis, to do everything necessary to create public
awareness of Lyme Disease in Ontario, and to have internationally developed diagnosis
and successful treatment protocols available to patients and physicians;
AND FURTHER THAT Premier Dalton McGuinty, Garfield Dunlop MPP and Jessica
Taliana be included on the correspondence.
Unanimously Carried.
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Council Meeting Minutes — September 14, 2011.
b) Gwen Crump re: Gift of Life Garden.
A PowerPoint presentation was presented.
Motion No. C110914 -6
Moved by Lancaster, Seconded by Crawford
Be it resolved that the correspondence and PowerPoint presentation presented by
Gwen Crump re: Gift of Life Garden be received and referred to the 2012 budget
deliberations; and further that the Director of Recreation and Community Services notify
the applicant accordingly.
Carried.
c) Linda Argent, on behalf of Hawkestone and Area Community Association, re: Kids Club
Overview.
Correspondence was distributed to members of Council and staff.
Motion No. C110914 -7
Moved by Meyer, Seconded by Coutanche
Be it resolved
1. That the correspondence presented by Linda Argent, on behalf of Hawkestone and
Area Community Association, re: Kids Club Overview be received.
2. That the Township of Oro - Medonte supports the "Kids Club" after school program in
partnership with the Hawkestone and Area Community Association (HAACA).
3. That a "Kids Club Working Group" consisting of Recreation and Community Services
staff, HAACA reps, parents and a youth representative be established to market, co-
ordinate and develop the program in accordance with Township program standards.
4. That the funding partnership for the "Kids Club" program be established as 50/50 cost
share between the Township and HAACA, to be considered during the 2012 budget
deliberations.
5. And Further That the applicant be advised of Council's decision under the Director of
Recreation and Community Services' signature.
Carried.
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6a) - Minutes of Council meeting held on Wednesday, Septembe...
Council Meeting Minutes — September 14, 2011.
10. REPORTS OF MUNICIPAL OFFICERS:
a) Report No. FI 2011 -20, Paul Gravelle, Director of Finance /Treasurer /Deputy CAO, re:
Statement of Accounts - August 31, 2011.
Motion No. C11- 0914 -8
Moved by Crawford, Seconded by Evans
Be it resolved
1. That Report No. FI 2011 -20, Paul Gravelle, Director of Finance /Treasurer /Deputy
CAO be received.
2. And Further That the accounts for the month of August, 2011 totalling $3,562,485.06
be received.
Carried.
b) Report No. CSI 2011 -5, Donna Hewitt, Director of Corporate & Strategic Initiatives re:
Economic Development Plan.
Motion No. C110914 -9
Moved by Coutanche, Seconded by Meyer
Be it resolved that Report No. CSI 2011 -05, Donna Hewitt, Director of Corporate &
Strategic Initiatives re: Economic Development Plan be received.
Carried.
c) Report No. CSI 2011 -6, Donna Hewitt, Director of Corporate & Strategic Initiatives re:
Economic Development Activities - January - July, 2011.
Motion No. C110914-1
Moved by Evans, Seconded by Crawford
Be it resolved that Report No. CSI 2011 -06, Donna Hewitt, Director of Corporate &
Strategic Initiatives re: Economic Development Activities - January - July, 2011 be
received.
Carried.
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Council Meeting Minutes — September 14, 2011.
d) Jerry Ball, Director of Transportation and Environmental Services re: Emergency Bridge
Repair, Line 13 North, North of Hwy. 11, Lot 17.
Motion No. C110914 -11
Moved by Crawford, Seconded by Lancaster
Be it resolved
1. That the verbal information presented by Robin Dunn, Chief Administrative Officer on
behalf of Jerry Ball, Director of Transportation and Environmental Services re:
Emergency Bridge Repair, Box Culvert Restoration, Line 13 North, Lot 17, North of
Hwy. 11, be received.
2. That pursuant to Section 4 - Emergency Purchasing of By -Law No. 2004 -112, to
Establish Purchasing and Tendering Procedures, Council is advised of the
emergency purchasing associated with the Box Culvert Restoration.
3. That the amount of $42,600 (excluding HST and permits) for the Box Culvert
Restoration at Line 13 North, Lot 17 be financed through the Budget Stabilization
Fund.
4. And Further That the Director of Transportation and Environmental Services proceed
accordingly.
11. REPORTS OF MEMBERS OF COUNCIL
a) Mayor H.S. Hughes re: Fire Emergency & Services Donation from Mr. Devon Hutton.
Devon Hutton donated two chainsaws to the Oro - Medonte Fire & Emergency Services
Carried.
Department.
Motion No. C110914 -12
Moved by Meyer, Seconded by Coutanche
Be it resolved that Mr. Devon Hutton be recognized, under the Mayor's signature, for the
donation made to the Oro - Medonte Fire & Emergency Services.
Carried.
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6a) - Minutes of Council meeting held on Wednesday, Septembe...
Council Meeting Minutes — September 14, 2011.
12.CONSENT AGENDA:
a) Announcements of Interest to the Public - None.
b) Correspondence dated August 23, 2011 from Canadian Union of Public Employees
(CUPE) and the Ontario Coalition for Better Child Care (OCBCC) re: Proclamation
Request, Wednesday, October 26, 2011 as "Child Care Worker & Early Childhood
Educator Appreciation Day ".
Staff Recommendation: Receive, Proclaim, Post to Township Website.
c) Correspondence dated August 3, 2011 from Marlene Mattson, President, Habitat for
Humanity Orillia /Lake Country re: Proclamation Request, October 3, 2011 "World Habitat
Day ".
Staff Recommendation: Receive, Proclaim, Post to Township Website.
d) Minutes of Midland Public Library Board meeting held on June 9, 2011.
Staff Recommendation: Receive.
e) Nottawasaga Valley Conservation Authority, minutes of meetings held on July 22 and
August 19, 2011.
Staff Recommendation: Receive.
Motion No. C110914 -13
Moved by Lancaster, Seconded by Evans
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) Correspondence dated August 23, 2011 from Canadian Union of Public Employees
(CUPE) and the Ontario Coalition for Better Child Care (OCBCC) re: Proclamation
Request, Wednesday, October 26, 2011 as "Child Care Worker & Early Childhood
Educator Appreciation Day ".
Received, Proclaimed, Posted to Township Website.
c) Correspondence dated August 3, 2011 from Marlene Mattson, President, Habitat for
Humanity Orillia /Lake Country re: Proclamation Request, October 3, 2011 "World
Habitat Day ".
Received, Proclaimed, Posted to Township Website.
d) Minutes of Midland Public Library Board meeting held on June 9, 2011.
Received.
e) Nottawasaga Valley Conservation Authority, minutes of meetings held on July 22 and
August 19, 2011.
Received.
Carried.
Page 9 of 11
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6a) - Minutes of Council meeting held on Wednesday, Septembe...
Council Meeting Minutes — September 14, 2011.
13. COMMUNICATIONS:
a) Correspondence dated July 29, 2011 from Susan Grant, Chairperson, Bonita Glen
Camp, Girl Guides of Canada re: Time Capsule Event, Saturday, October 15, 2011.
Motion No. C110914 -14
Moved by Coutanche, Seconded by Meyer
Be it resolved
1. That the correspondence dated July 29, 2011 from Susan Grant, Chairperson,
Bonita Glen Camp, Girl Guides of Canada re: Time Capsule Event, Saturday,
October 15, 2011 be received.
2. That Mayor H.S. Hughes and Councillors Lancaster, Crawford and Evans be
authorized to attend.
3. And Further that the CAO's office arrange an item for the Time Capsule and RSVP
accordingly.
14. NOTICE OF MOTIONS:
None.
15. BY -LAWS:
Carried.
a) By -Lave No 2011 -112 A By -law to amend the zoning provisions on lands described
as follows: Concession 11, East Part Lot 4, RP 51 R8032, Part
1, 3886 Line 11 North, (Medonte) Township of Oro - Medonte,
County of Simcoe Roll # 4346- 020 - 003 - 15101.
Motion No. C110914 -15
Moved by Meyer, Seconded by Coutanche
Be it resolved that By -Law No. 2011 -112, A By -law to amend the zoning provisions on
lands described as follows: Concession 11, East Part Lot 4, RP 51 R8032, Part 1, 3886
Line 11 North, (Medonte) Township of Oro - Medonte, County of Simcoe Roll # 4346-
020- 003 -15101 be read a first, second and third time, passed, be engrossed by the
Clerk, signed and sealed by the Mayor.
Carried.
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6a) - Minutes of Council meeting held on Wednesday, Septembe...
Council Meeting Minutes — September 14, 2011.
16.QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM:
17.CLOSED SESSION ITEMS (UNFINISHED ITEMS):
18.CONFIRMATION BY -LAW:
a) By -Law No. 2011 -148 Being a By -Law to Confirm the Proceedings of the Council
Meeting Held on Wednesday, September 14, 2011.
Motion No. C110914 -16
Moved by Evans, Seconded by Crawford
Be it resolved that By -Law No. 2011 -148, being a by -law to confirm the proceedings of
the Council meeting held on Wednesday, September 14, 2011 be read a first, second
and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor.
Carried.
19. ADJOURNMENT:
a) Motion to Adjourn.
Motion No. C110914-17
Moved by Coutanche, Seconded by Meyer
Be it resolved that we do now adjourn at 9:10 p.m.
Mayor, H.S. Hughes Clerk, J. Douglas Irwin
Carried.
Page 11 of 11
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6b) - Minutes of Special Council meeting held on Monday, Sep...
Proud Heritage, Exriri'tg Futter
Monday, September 19, 2011
THE TOWNSHIP OF ORO- MEDONTE
SPECIAL COUNCIL MEETING MINUTES
Council Chambers
2010 - 2014 COUNCIL
Present: Mayor H.S. Hughes
Deputy Mayor Ralph Hough
Councillor Mel Coutanche
Councillor Kelly Meyer
Councillor Marty Lancastd
Councillor John Crawford
Councillor Dwight Evans
Time: 9:33 a.m.
Staff Present: Robin Dunn, CY, ' -Iministrative Officer; Paul Gravelle, Director of
Finance /Treasure "h.., uty CAO; Doug Irwin, Director of Corporate
Services /Clerk; AnL; iia Leigh, Director of Development Services;
Donna Hewitt, Direct:. of Corporate & Strategic Initiatives; Shawn
Binns, Director of Rec ration and Community Services; Hugh Murray,
Deputy Fire Chief; Tamara Obee, Manager Health & Safety, Human
Resources; Samah Othman, Executive Assistant / Corporate
Communications Specialist; Terry Geddes.
Also Present: None.
1. CALL TO ORDER - PRIVATE YER/MOMENT OF REFLECTION:
2. ADOPTION OF AGENDA:
a) Motion to Adopt the Agenda.
Motion No. SC110919 -1
Moved by Evans, Seconded by Meyer
Be it resolved that the agenda for the Special Council meeting of Monday, September
19, 2011 be received and adopted.
Carried.
Page 1 of 3
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6b) - Minutes of Special Council meeting held on Monday, Sep...
Special Council Meeting Minutes — September 19, 2011.
3. DISCLOSURE OF PECUNIARY INTEREST:
None declared.
4. CLOSED SESSION ITEMS:
a) Motion to go In Closed Session.
Motion No. SC110919 -2
Moved by Meyer, Seconded by Evans
Be it resolved that we do now go in Closed Session at 9:34 a.m. in accordance with Section
239 (3.1) of the Municipal Act, 2011, S.O. 2011, C.25, as amended, re: Education or
training of Members (Customer Service Enhancements).
b) Motion to Rise and Report.
Motion No. SC110919 -3
Moved by Crawford, Seconded by Coutanche
Carried.
Be it resolved that we do now Rise at 12 :40 p.m. and Report on the Closed Session Item
4c) Robin Dunn, CAO, re: Robin Dunn, CAO, re: Education or training of Members
(Customer Service Enhancements).
Carried.
c) Robin Dunn, CAO, re: Education or training of Members (Customer Service Enhancements).
Staff present: Robin Dunn, Chief Administrative Officer; Paul Gravelle, Director of
Finance /Treasurer /Deputy CAO; Doug Irwin, Director of Corporate Services /Clerk; Andria
Leigh, Director of Development Services; Donna Hewitt, Director of Corporate & Strategic
Initiatives; Shawn Binns, Director of Recreation and Community Services; Hugh Murray,
Deputy Fire Chief; Tamara Obee, Manager Health & Safety, Human Resources; Samah
Othman, Executive Assistant / Corporate Communications Specialist; Terry Geddes.
Motion No. SC110919 -4
Moved by Coutanche, Seconded by Crawford
Be it resolved that the PowerPoint presentation dated September 19, 2011 and presented
by Robin Dunn, CAO, and verbal information presented by Past Warden Terry Geddes, re:
Education or training of Members (Customer Service Enhancements) be received.
Carried.
Page 2 of 3
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6b) - Minutes of Special Council meeting held on Monday, Sep...
Special Council Meeting Minutes — September 19, 2011.
5. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM:
6. CONFIRMATION BY -LAW:
a) By -Law No. 2011 -150 Being a By -Law to Confirm the Proceedings of the Special
Council Meeting Held on Monday, September 19, 2011.
Motion No. SC110919 -5
Moved by Lancaster, Seconded by Hough
Be it resolved that By -Law No. 2011 -150, being a by -law to confirm the proceedings of
the Special Council meeting held on Monday, September 19, 2011 be read a first,
second and third time, passed, be engrossed by the Clerk, signed and sealed by the
Mayor.
7. ADJOURNMENT:
a) Motion to Adjourn.
Motion No. SC110919 -6
Moved by Lancaster, Seconded by Hough,
Be it resolved that we do now adjourn at 12:41 p.
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Carried.
Carried.
Page 3 of 3
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6c) - Minutes of the Accessibility Advisory Committee meetin...
-....„461111111*N
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Proud Heritage, Exriri'tg Future
THE TOWNSHIP OF ORO- MEDONTE
ACCESSIBILITY ADVISORY COMMITTEE
Council Chambers
Thursday, September 22, 2011 Time: 1:03 p.m.
Present:
Staff Present:
Also Present: None.
2010 - 2014 COUNCI "..
Councillor Lancaster, Chair
Andrew Brierley
Randy Hazlett
Glen Taber
Donna Hewitt, Director of Corporate and Strategic Initiatives
Marie Brissette, Committee Coordinator
1. ADOPTION OF AGENDA
a) Motion to Adopt the Agenda
Motion No. AAC110922 -1
Moved by Brierley, Seconded by Hazlett
It is recommended that the agenda for the Accessibility Advisory Committee meeting of
Thursday, September 22, 2011 be received and adopted.
Carried.
2. DISCLOSURE OF PECUNIARY INTEREST:
None declared.
3. ADOPTION OF MINUTES OF PREVIOUS MEETING:
None.
Page 1 of 5
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6c) - Minutes of the Accessibility Advisory Committee meetin...
Accessibility Advisory Committee Minutes — Thursday September 22, 2011
4. PRESENTATIONS:
a) Councillor Lancaster, Chair, re: Introductions.
Committee Members and staff were introduced.
b) Councillor Lancaster, Chair, re: Meeting Schedule.
Motion No. AAC110922 -2
Moved by Taber, Seconded by Brierley
It is recommended that the Accessibility Advisory Committee schedule to meet every
last Thursday of every second month at 1:00 p.m. at the Township's Administration
Office.
Carried.
c) Marie Brissette, Committee Coordinator, re: By -Law No. 2011 -027, A By -law to Continue
an Accessibility Advisory Committee And to Repeal By -law Nos. 2007 -002 and 2007-
019.
Motion No. AAC110922 -3
Moved by Hazlett, Seconded by Taber
It is recommended that the information presented by Marie Brissette, Committee
Coordinator, re: By -Law No. 2011 -027, A By -law to Continue an Accessibility Advisory
Committee And to Repeal By -law Nos. 2007 -002 and 2007 -019 be received.
d) Marie Brissette, Committee Coordinator, re: By -Law No. 2011 -011, A By -law to Govern
the Proceedings of Council and Committees /Technical Support Groups of Council in the
Township of Oro - Medonte and to Repeal By -law No. 2010 -080.
Carried.
Motion No. AAC110922 -4
Moved by Brierley, Seconded by Hazlett
It is recommended that the information presented by Marie Brissette, Committee
Coordinator, re: By -Law No. 2011 -11, A By -law to Govern the Proceedings of Council
and Committees /Technical Support Groups of Council in the Township of Oro - Medonte
and to Repeal By -law No. 2010 -080 be received.
Carried.
Page 2 of 5
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6c) - Minutes of the Accessibility Advisory Committee meetin...
Accessibility Advisory Committee Minutes — Thursday September 22, 2011
e) Marie Brissette, Committee Coordinator, re: By -Law No. 2011 -012, By -law to Provide for
Remuneration and Expenses for Members of Council and Council's Appointees to Local
Boards and Committees /Technical Support Groups, and Expenses for Employees, and
to Repeal By -law Nos. 2010 -081 and 2010 -116.
Motion No. AAC110922 -5
Moved by Taber, Seconded by Brierley
It is recommended that the information presented by Marie Brissette, Committee
Coordinator, re: By -Law No. 2011 -012, By -law to Provide for Remuneration and
Expenses for Members of Council and Council's Appointees to Local Boards and
Committees /Technical Support Groups, and Expenses for Employees, and to Repeal
By -law Nos. 2010 -081 and 2010 -116 be received. t k k
Carried.
f) Donna Hewitt, Director of Corporate and Strategic Initiatives, re: OADA Standards:
• Customer Service
• Employment
• Transportation
• Built Environment
• Communication
Motion No. AAC110922 -6
Moved by Hazlett, Seconded by Taber
It is recommended that the information presented by Donna Hewitt, Director of
Corporate and Strategic Initiatives, re: OADA Standards:
•Customer Service; •Employment; •Transportation; •Built Environment; •Communication
be received.
Carried.
g) Donna Hewitt, Director of Corporate and Strategic Initiatives, re: Review of 2006 -2010
Accessibility Advisory Committee Accomplishments.
Motion No. AAC110922 -7
Moved by Brierley, Seconded by Hazlett
It is recommended that the information presented by Donna Hewitt, Director of
Corporate and Strategic Initiatives, re: Review of 2006 -2010 Accessibility Advisory
Committee Accomplishments be received.
Carried.
Page 3 of 5
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6c) - Minutes of the Accessibility Advisory Committee meetin...
Accessibility Advisory Committee Minutes — Thursday September 22, 2011
h) Donna Hewitt, Director of Corporate and Strategic Initiatives, re: Update on 2009
Accessibility Plan.
Motion No. AAC110922 -8
Moved by Taber, Seconded by Brierley
It is recommended that the information presented by Donna Hewitt, Director of
Corporate and Strategic Initiatives, re: Update on 2009 Accessibility Plan be received.
Carried.
i) Marie Brissette, Committee Coordinator, re: Accessibility Standards for Customer
Service.
Motion No. AAC110922 -9
Moved by Hazlett, Seconded by Taber
It is recommended that the information presented by Marie Brissette, Committee
Coordinator, re: Accessibility Standards for Customer Service be received.
Carried.
j) Donna Hewitt, Director of Corporate and Strategic Initiatives, correspondence dated
August 2, 2011 from Karen Wallace, Ministry of Municipal Affairs and Housing, re:
Enabling Accessibility Fund (Federal).
Motion No. ACC110922 -10
Moved by Brierley, Seconded by Hazlett
It is recommended that the information presented by Donna Hewitt, Director of
Corporate and Strategic Initiatives, correspondence dated August 2, 2011 from Karen
Wallace, Ministry of Municipal Affairs and Housing, re: Enabling Accessibility Fund
(Federal) be received.
Carried.
k) Donna Hewitt, Director of Corporate and Strategic Initiatives, re: Community
Development Corporation Workshop for Employers.
Motion No. ACC110922 -11
Moved by Taber, Seconded by Brierley
It is recommended that the information presented by Donna Hewitt, Director of
Corporate and Strategic Initiatives, re: Community Development Corporation Workshop
for Employers to be held on October 21, 2011 be received.
Carried.
Page 4 of 5
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6c) - Minutes of the Accessibility Advisory Committee meetin...
Accessibility Advisory Committee Minutes — Thursday September 22, 2011
5. COMMUNICATIONS:
None.
6. NEXT MEETING DATE:
Thursday, November 24, 2011.
7. ADJOURNMENT:
a) Motion to Adjourn
Motion No. ACC110922 -12
Moved by Hazlett, Seconded by Taber
It is recommended that we do now adjourn at 2:10 p.n
Carried.
Councillor Lancaster, Chair Marie Brissette, Committee Coordinator
Page 5 of 5
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7a) - Oro - Medonte Fire & Emergency Services, re: Contributio...
Page 23 of 156
7b) - Correspondence dated September 14, 2011 from Michael H...
September 14th, 2010
928 4th line S.
RR#1
Shanty Bay, On
LOL 2L0
Dear Mayor,
Ls" 2 2 2071
-------_,.__t2P-L
The Hamilton family would like to thank the Shanty lay Fire Department,
for it's speedy response to a 911 call to our farm. My husband had been
pinned under a tree for more than an hour before anyone heard his cry for
help.
The staff of the Shanty Bay Fire department expressed both concern and
assurance to my husband, while they quickly handle the situation. My
husband Michael told me later that he was able to relax when he saw faces
that were familiar to him; people from his own neighbour hood and felt that
he was in very capable hands.
The Shanty Bay Fire hall has been a mainstay of Shanty Bay; with the
friendly faces of the firemen offering hot chocolate to families at
Halloween. This service that they have provided over the years to both our
children and grandchildren will always be remembered as part of our family
tradition, year after year.
Our gratitude to the men and women at the fire hall in Shanty Bay.
Thank You
Michael Hamilton & family.
c.c. Fire Chief of Shanty Bay Fire Hall
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THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2011 -093
Being a By -Law to License and Regulate Towing Companies, Tow
Truck Owners and Tow Truck Drivers.
( "Towing By- Law ")
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 the authority under the
Act;
WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that the powers of a municipality shall be interpreted broadly
so as to confer broad authority on the municipality to enable the municipality to
govern its affairs as it considers appropriate and to enhance the municipality's
ability to respond to municipal issues;
WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, enables a municipality to enact By -Laws for the purpose of business
licensing;
WHEREAS Part IV of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides for Licenses;
WHEREAS Section151 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that a municipality may provide for a system of licenses with
respect to a business;
WHEREAS Section155 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that a local municipality, in a By -Law under Section 151 with
respect to owners and drivers of Tow Trucks and vehicles, other than motor
vehicles, used for hire may (a) establish rates of fares to be charged for the
conveyance of property or passengers either wholly within the municipality or
from any point in the municipality to any point outside the municipality; and (b)
provide for the collection of the rates or fares charged for the conveyance;
AND WHEREAS the Council of The Corporation of the Township of Oro -
Medonte has deemed it expedient to License and regulate Towing Companies,
Tow Truck Owners and Tow Truck Drivers.
NOW THEREFORE, the Council of The Corporation of the Township of Oro -
Medonte enacts as follows:
1. That the Licensing and Regulation of Towing Companies, Tow Truck
Owners, and Tow Truck Drivers shall be governed by the provisions and
regulations contained in Appendix "A" and Schedules 1, 2, 3, 4, 5, 6, and 7
attached hereto and forming part of this By -Law.
2. That this By -Law may be cited as the "Towing By -Law"
3. That Towing Companies, Tow Truck Owners, and Tow Truck Drivers
operating within the geographical boundaries of the Township of Oro -
Medonte shall have six (6) months from the date of this By -Law coming into
effect to be licensed in accordance with the provisions of this By -Law.
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4. This By -Law shall come into force and effect on the date of its final
passing.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS
13TH DAY OF JULY, 2011.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
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APPENDIX "A"
To By -Law No. 2011 -093
1. DEFINITIONS
1.1. For the purpose of this By -Law:
Applicant: means a person or corporation having made an Application pursuant
to this By -Law but has not yet been issued a License pursuant to this
By -Law.
Automobile: means a motor vehicle as defined by the Highway Traffic Act, R.S.O.
1990, Chapter H.8, as amended, (herein referred to as the Highway
Traffic Act), but does not include a motorized snow vehicle or
streetcar.
Business: means a trade, or occupation and includes the sale or hire of goods
or services on an intermittent or one -time basis, and any activity or
thing a local municipality may license under the Municipal Act, 2001,
S.O. 2001, c.25, as amended (herein referred to as the Municipal
Act).
By -Law: means any By -Law enacted by the Council of The Corporation of The
Township of Oro - Medonte.
Chief Municipal Law Enforcement Officer: means a person appointed to the
position of Chief Municipal Law Enforcement Officer by the Township
and their designate.
Clerk: means the Clerk for the Township and their designate.
Collision: means a vehicle that has been in a collision with another vehicle(s) or
that has struck an object or was struck by an object, or that has
turned over, and in all such cases, did receive damage or was
damaged, or appears to have been damaged and /or was disabled by
a fire.
Collision scene: means the general location or place where a collision occurred and
includes two hundred (200) metres of the location or place of the
collision.
Collision towing: means the towing of a disabled vehicle as the result of a collision,
but does not include the towing of a vehicle as a result of mechanical
failure, an impairment, a police seizure, a vehicle fire not involving a
collision, or other similar cause, and if the presence of a police officer
at the scene of a tow does not define or classify the towing as
"collision towing ".
Compound: means a Motor Vehicle Storage Yard, fully fenced area with fencing
a minimum of six (6) feet high, overhead light which remain on
during the dark hours and the lighting is consistent throughout the
impound area or an indoor secured facility, accessible on a twenty -
four (24) hour basis, with restricted access for pedestrians, with a
separate access from any other residential or commercial operation
on the property, with a separate office on the same property as the
compound, located within the boundaries of the Township of Oro -
Medonte and in compliance with the Township's Zoning By -Law.
Corporation: means The Corporation of the Township of Oro - Medonte.
Council: means the Council for The Corporation of the Township of Oro -
Medonte.
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Detachment Commander: means the Detachment Commander, Ontario Provincial
Police, Barrie Detachment, who is responsible for the effective
operation and administrative management of the Detachment in
accordance with the Ontario Provincial Police Policy.
Employee: means an officer, servant or other employee of the Township, but
does not include:
Hirer:
a) a member of Council;
b) a Council appointee to a local board and whose remuneration
from the Township results from their membership on such local
board or other body;
c) an employee of a local board or other body; or,
d) a municipal auditor.
means a person and/or owner of a vehicle, requiring towing services
and who authorizes the service to occur by completing an
Authorization Form.
Heavy Towing: means any vehicle or combination of vehicles with a gross vehicle
weight of a minimum thirty -three (33) thousand pounds (15,000
kilograms) or greater.
Licensing Officer: means the Clerk for the Township and their designate.
License: means a License issued pursuant to this By -Law.
Licensee: means a person who has been issued, and still holds, a current
License pursuant to this By -Law but shall not include an Applicant.
Maintain: means to be in charge of, or have control of the operation of a
business, and shall include the operation of a vehicle.
Ministry of Transportation Enforcement Officer: means a designated officer
appointed by the Minister of Transportation and any person so
appointed has authority to act as a constable throughout Ontario, is
appointed as a Provincial Offences Officer and a Peace Officer and
has the authority as a Police Officer for the purposes of the Highway
Traffic Act and the Compulsory Automobile Insurance Act, R.S.O.
1990, Chapter C.25.
Municipal Law Enforcement Officer: means a person appointed to the position of
Municipal Law Enforcement Officer by the Township and their
designate.
Nuisance: means any activity or action which disturbs or is likely to disturb any
individual.
Office: means an enclosed structure, equipped with a land line telephone,
facsimile machine, desk, minimum of two (2) chairs, which is
accessible twenty -four (24) hours a day, seven (7) days a week.
Officer: means a Municipal Law Enforcement Officer, and /or a Provincial
Offences Officer as appointed by the Township.
Operate: means to manage, work, control, maintain, put or keep in a functional
state any business.
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Owner: means the registered owner(s) of the land, premises and /or
equipment, or the person or their authorized agent in lawful control of
the lands, premises and /or equipment and who permits the operation
of any business.
Person: means any individual, corporation, partnership, company, association
or party and the heirs, executors, administrators, or other legal
representative of such person, to whom the context can apply
according to law, shall include any group of persons comprising a
society or other organization and shall include the plural wherein the
context requires.
Peace Officer: means a Police Officer or other person employed for the
preservation and maintenance of the public peace, or for the service
or execution of civil process, or any officer appointed for enforcing or
carrying out the provisions of any Federal or Provincial Act.
Police Officer: means a sworn peace officer of the Ontario Provincial Police, the
Chief of Police or any other Police Officer, including a person who is
appointed as a Police Officer under the Interprovincial Policing Act,
2009, S.O. 2009, Chapter 30 (herein referred to as the Interprovincial
Policing Act), but does not include a Special Constable, a First
Nations Constable, a Municipal Law Enforcement Officer or an
Auxiliary Member of a Police Force, as per the Police Services Act,
R.S.O. 1990, Chapter P.15 (herein referred to as the Police Services
Act).
Premises: means land, including any and all buildings or other structures
thereon and includes any vehicle or conveyance used in the
operation of the Towing Company.
Rates: means the agreed rates set out in the Tariff of Rates as identified in
Schedule 5 of this By -Law to be periodically reviewed by the
Licensing Officer to account for fluctuations, inflation and any /all
extreme factors.
Shall: is mandatory and not discretionary, words in the singular shall include
the plural, words in the plural shall include the singular, words in the
present tense shall include future or past tense.
Tow: means to remove or impound a vehicle whether or not such towed
vehicle is intact or in an inoperable condition, by means of a Tow
Truck or a flatbed truck also known as a tilt and load vehicle. In the
absence of any evidence to the contrary, the tow will be deemed to
originate in the Township.
Township: means The Corporation of the Township of Oro - Medonte.
Towing Company: means a person who owns a Tow Truck or has possession or
control of a Tow Truck under an installment purchase agreement, a
rental agreement, or other agreement.
Tow Truck: means a motor vehicle used for hire for towing or otherwise
conveying vehicles, whether or not such towed or conveyed vehicle
is intact or in an inoperable condition, shall include but is not limited
to vehicles that tow or convey by way of a flatbed truck, tilt and
load, hoist, dolly, pulleys, chains or other similar items.
Tow Truck Driver: means the person responsible for the care and operation of the
Tow Truck and services related thereto.
Vehicle: means a motor vehicle as defined by the Highway Traffic Act, as
amended, but does not include a motorized snow vehicle or streetcar.
Page 5 of 35
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2. PURPOSE
2.1 The Council of The Corporation of the Township of Oro - Medonte considers it
desirable and necessary to license, regulate or govern owners and drivers of
Tow Trucks for the purposes of:
a) Health and safety, to encourage safe maintenance and operational practices
for owners and drivers, to ensure accountability for health and safety issues.
b) For the purpose of consumer protection, to encourage equal, fair and
courteous treatment of passengers, drivers and owners.
d) To protect the property of passengers, to ensure competence of owners and
drivers in providing Tow Truck services.
e) To promote accountability, to ensure consistency in the Application of rates
charged, to support proper and good practices, for the purpose of nuisance
control.
f) To promote professional behaviour and fair dealing among participants in
the business, to ensure courteous treatment, and to limit or mitigate
unsightliness, unnecessary noise, nuisance or disruption for passengers,
drivers, owners and the general public.
3. GENERAL PROVISIONS
3.1 Requirement for a License
a) Every person carrying on, conducting, operating, maintaining, keeping and
engaging in any activity as a Tow Truck owner and/or a Tow Truck Driver,
shall be required to obtain a License to do so from the Licensing Officer.
b) A person shall be acting as the driver or owner of a Tow Truck if that person
conveys or seeks to convey, for hire, or holds themself out, by their actions
or words, as being available to convey, for hire, a vehicle from a point within
the Township, to either a point also from within the Township, or any point
beyond its limits whether such conveyed vehicles are intact or inoperable.
c) An unlicensed owner and driver are both exempt from Subsections 3.1 a)
and 3.1 b) if such owner and driver are based outside the licensing boundary
of the Township and they are in the process of towing a vehicle and that
specific service originated from outside the geographic boundary of the
Township.
d) Unless provided otherwise in this By -Law a person who is the owner of more
than one Tow Truck shall take out a separate License for each Tow Truck
owned by them which is to operate in the Township.
e) The person who is the owner of more than one Tow Truck shall not remove
and affix an issued owner's plate between Tow Trucks.
f) No person shall be licensed under this agreement unless they are at least
eighteen (18) years of age and a citizen of Canada or a landed immigrant, or
has a valid employment authorization issued by the Govemment of Canada
to work as a driver or owner and has a working knowledge of English.
g) The provisions of subsection 3.1 f) do not apply to a corporation.
h) No person shall publish or cause to be published any representation that
they are licensed under this By -Law if they are not.
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31 Application for a License - General
a) Any person required to obtain a License pursuant to this By -Law shall apply
in writing on the appropriate Application as set out as Schedule 1, 2 or 3 of
this By -Law, and shall deposit, at the time of Application, with the Licensing
Officer, all required License Fees as set out Schedule 4 to this By -Law for
each category, as well as any required approvals, inspections or
documentation required by the provisions of this By -Law or as deemed
necessary by the Licensing Officer.
b) The Licensing Officer shall not issue a License until:
i) all required approvals and inspections have been obtained by the
applicant;
ii) all required documentation has been provided; and
iii) all License fees have been paid in full.
c) There shall be a separate Application for each Towing Company, Tow Truck
and Tow Truck Driver to be licensed.
d) The applicant shall comply with any and all requirements as set out in this
By -Law as well as any other provisions which may govern the business,
place or premises used in the carrying on of the business and /or the persons
carrying on the business or engaged in it and to which the Application
pertains.
e) The Licensing Officer, upon receipt of the Application for a License may
make, cause to be made, or request, any additional documents,
investigations or inspections to be made in respect of such Application for a
License as the Licensing Officer deems appropriate or is in the interest of
the general public, and any costs incurred for such inspection or documents
shall be at the applicant's expense.
f) Any License issued may be subject to such terms and conditions as the
Licensing Officer may prescribe.
g) Except as may otherwise be specified in this By -Law, every License shall
expire one year from the date from the day it was issued.
h) A renewal License shall follow the same process as a new License but will
be identified as a renewal on the Application.
If the applicant is a corporation, a copy of the incorporating document shall
be provided.
j) If the applicant is a registered partnership, a copy of the registered
declaration of partnership shall be provided.
k) In regards to 3.2 i) or 3.2 j), a record of all offences for which there has been
a conviction registered against the applicant under any By -Law, provincial
statute or federal statute, either as an individual applicant or as a partnership
applicant, directors or shareholders or officers of the corporate applicant,
such record issued within 60 days of the date of the Application received by
the Licensing Officer shall be provided.
I) Upon being satisfied that the applicant is entitled to obtain a License under
the provisions of this By -Law, the Licensing Officer shall prepare and issue a
License to the said applicant.
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3.3 Application for a Towing Company
3.3.1 The applicant shall provide to the Licensing Officer, at the time of
Application, all of the following applicable documents:
a) A duly completed Application form as set out as Schedule 1 of this By -Law.
b) Payment of the appropriate fees as set out as Schedule 4 of this By -Law.
c) Proof of Commercial General Liability Insurance obtained and kept in force
during the term of the License issued, satisfactory to the Township, be
written by an insurer licensed to conduct business in Canada and include
but not be limited to the following:
i) A limit of liability of not less than five million ($5,000,000.00) for each
occurrence.
ii) The Township shall be named as an additional insured.
iii) The policy shall contain a provision for cross liability in respect of the
named insured.
iv) Non -owned automobile coverage with a limit of at least five million
($5,000,000.00) including contractual non -owned coverage.
v) Products and completed operation coverage (Broad Form) with an
aggregate limit not less than five million ($5,000,000.00).
vi) Coverage for Hostile Fire, Hook Liability, Severability Of Interest
Clause, Contractual Liability - Oral & Written, Contingent Employer's
Liability, Employer's Liability, Broad Form Property Damage and
Pollution From A Hostile Fire.
vii) That thirty (30) days prior notice of an alteration, cancellation or
material change in policy terms which reduces coverage's shall be
given in writing to the Township.
d) Proof of a standard Automobile Policy with limits no less than five million
($5,000,000.00) in respect of each owned or leased licensed vehicle to be
obtained and kept in force for the duration of this contract automobile.
e) Proof of Goods and Services Tax (GST) registration or Harmonized Sales
Tax (HST) registration.
f) A written Statement of Rates and Charges for all services provided by the
Towing Company to the Licensing Officer. The Licensee shall ensure that
no other rates or charges are demanded or received by any Tow Truck
Driver. The Statement of Rates and Charges will be periodically reviewed
by the Licensing Officer and Tow Truck Companies to ensure mutually
agreed upon rates.
g)
Any changes in the Statement of Rates and Charges shall be filed with the
Licensing Officer 90 (ninety) days prior to the new Statement of Rates and
Charges taking effect.
h) A completed Occupational Health and Safety Statutory Declaration Form as
set out as Schedule 7 of this By -Law.
i) A Criminal Record Check obtained from a Police enforcement agency, dated
within 30 days of the date of receipt of the Application, including, if
applicable, a Vulnerable Sectors Check for each owner of the Towing
Company.
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j) Any other required inspections, approvals or documents as required by the
Licensing Officer.
3.4 Application for a Tow Truck
3.4.1 The applicant shall provide to the Licensing Officer, at the time of
Application, all of the following applicable documents:
a) A duly completed Application form as set out as Schedule 2 of this By -Law.
b) Payment of the appropriate administrative fee as set out as Schedule 4 of
this By -Law.
c) The vehicle's make, model, year and Vehicle Identification Number for each
vehicle to be licensed as a Tow Truck.
d) Proof of a standard Automobile Policy with limits no less than five million
($5,000,000.00) in respect of each owned or leased licensed vehicle to be
obtained and kept in force for the duration of this contract automobile.
e) A copy of the certificate of insurance for the Tow Truck for which they are
the owner. The Township shall be given at least ten (10) days' notice, in
writing, of the cancellation or expiration or variation in the amount of the
policy and insuring each such Tow Truck have a minimum of the following
amounts:
i) In respect to any one claim, in the amount of at least five million
($5,000,000.00) exclusive of interest and costs, against liability
resulting from bodily injury to or the death of one or more persons
and loss or damage to property.
ii) In respect of any one claim, in the amount of at least two hundred
thousand ($200,000.00) against liability for damage to a customer's
motor vehicle while in their care, custody or control and caused by
collision, upset, fire, lightning, theft or attempt theft, malicious
mischief, windstorm, hail, explosion, riot, civil commotion or rising
water.
iii) In respect of any one claim, cargo liability insurance in the amount of
at least one hundred thousand ($100,000.00) to indemnify the
applicant against loss by reason of their legal liability indirect physical
loss or damage to vehicles and other items of property accepted by
the applicant for towing or conveyance.
f) A valid and current Motor Vehicle Permit issued by the Ministry of
Transportation issued in the applicant's name for each Tow Truck being
licensed.
g) The Ontario License plate number as issued by the Ministry of
Transportation.
h) A Ministry of Transportation Annual Inspection Certificate issued under the
Highway Traffic Act showing that the Tow Truck has been inspected within
the previous sixty (60) days of the date that the Application has been
received by the Licensing Officer.
i) A Ministry of Transportation Safety Standards Certificate issued under the
Highway Traffic Act within the previous sixty (60) days of the date that the
Application has received by the Licensing Officer.
j) A Vehicle Inspection letter from a Certified Master Installer to demonstrate
that the Tow Truck complies with Transport Canada Regulations for the
Towing of Vehicles.
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k) Proof of speed governing at one hundred and five (105) kilometers per hour
for trucks registered over eleven thousand, seven hundred and ninety -four
(11,794) kilograms for vehicles manufactured in 1995 or later.
I) Certificate of Inspection that the Tow Truck complies with the National
Safety Mark under the Motor Vehicle Safety Regulations or a Certificate that
the Tow Truck to be licensed is exempt.
m) A letter identifying that front line service Tow Trucks are no older than fifteen
(15) years and reserved service Tow Trucks are no older than twenty (20)
years.
n) In the case of a Tow Truck which is not owned by the Towing Company, the
registered owner's name and address, the vehicle identification number and
the Ontario License plate number as issued by the Ministry of Transportation
for each vehicle to be used as a Tow Truck.
o) If a Tow Truck is a leased vehicle, the applicant shall provide a copy of the
lease agreement for each of leased Tow Truck being licensed.
p) A Tow Truck License may be reissued by the Licensing Officer for the
replacement vehicle where a person holds a valid Township License under
this section for the current year, where such person certifies that the Tow
Truck licensed under this section has been removed from service and is
being replaced by another vehicle to be operated as a Tow Truck, and upon
submission all documents required under this By -Law.
q) Any other required inspections, approvals or documents as required by the
Licensing Officer.
3.5 Application for a Tow Truck Driver
3.5.1 The applicant shall provide to the Licensing Officer, at the time of
Application, all of the following applicable documents:
a) A duly completed Application form as set out as Schedule 3 of this By -Law.
b) Payment of the appropriate administrative fee as set out as Schedule 4 of
this By -Law.
c) The applicant's original Ontario Driver's License with a minimum Class G
designation with no driving restrictions.
d) An Ontario Driver's License abstract obtained from the Ministry of
Transportation and dated within 30 days of the date of receipt of the
Application.
e) A Criminal Record Check obtained from a Police enforcement agency and
dated within 30 days of the date of receipt of the Application, including, if
applicable, a Vulnerable Sectors Check.
f) Documentation to the satisfaction of the Licensing Officer from the owner of
the Towing Company for whom the applicant is to provide services as a Tow
Truck Driver confirming that the applicant is employed by or otherwise
authorized to provide services as a Tow Truck Driver for the said Towing
Company.
9)
A statement in writing if they have any pecuniary interest either directly or
indirectly, in a vehicle pound, yard or building used for the storage or
impounding of vehicles, a vehicle body shop or other kind of public garage
or any other yard, shop, building or place used for the storage, repair or
servicing of vehicles, and provides and files with a Licensing Officer full
information as to the location and the type of facilities in which they have an
interest and the nature and extent of the interest.
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3.6 Duties of Licensing Officer
a) Upon receipt of a complete Application including required documentation
and the appropriate fees have been paid, the Licensing Officer may prior to
the issuance of any such License:
i) make any inquiries to any municipal employee(s) who has carried out
inspections relative to the Application.
ii) receive reports from such municipal employee(s) as may be deemed
necessary.
iii) inquire into all relevant matters in order to ascertain if the applicant is
entitled to a License under the provisions of this By -Law.
b) Where the Licensing Officer is satisfied that the applicant is entitled to obtain
a License under the provisions of this By -Law, the Licensing Officer shall
prepare and issue a License to the said applicant.
c) Where the Licensing Officer is not satisfied that the applicant is entitled to
obtain a License under the provisions of this By -Law, the Licensing Officer
shall prepare a written notice to the said applicant outlining the said reasons.
The notice shall include a statement that the applicant has the right to
appeal the decision of the Licensing Officer to Council.
3.7 Administration Fees
a) Administration fees, as set out in Schedule 4 of this By -Law are to be paid
prior to the issuance of a license.
b) An administration fee as set out in Schedule 4 shall apply to the following:
i) In the event that a License issued under this By -Law is lost or
destroyed, the Licensing Officer upon satisfactory proof of such loss
or destruction, and upon payment of an administration fee, the
Licensing Officer shall issue a duplicate of the original License, upon
which shall be stamped or marked the word "DUPLICATE ".
ii) Where ownership of an business is not changed or affected but such
the operating name of a business changes, the Licensee shall
immediately notify the Licensing Officer and upon payment of an
administration fee and being satisfied that there have been no other
changes in the circumstances of the licensed business, the Licensing
Officer may issue a replacement of the original License. The
Licensee shall return and surrender their License in order to affect
such a change.
3.8 Change of Ownership
a) Every Licensee shall, upon change of ownership of the licensed business
return and surrender their current License to the Licensing Officer. The new
owner shall make Application for a new License as set out in this By -Law.
3.9 Change of Premises or Location
a) Where a currently licensed business changes location or premises, such
new location or premises shall not be deemed to be licensed. The applicant
must immediately make Application for a new License under the provisions
of this By -Law and shall surrender to the Licensing Officer the License
issued in respect of their previous location or premises.
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3.10 Licenses Personal
a) No person shall enjoy a vested or property right in any License or the
continuance of any License and such License and such rights shall remain
the property of the Township.
b) Licenses are not transferable.
4. INSPECTION
a) The Municipal Law Enforcement Officer, Provincial Offences Officer, Police
Officer, or other duly appointed individual may at all reasonable times,
inspect or cause to be inspected the premises, facilities, equipment,
vehicles, and other property used or kept for hire in connection with the
carrying on of a business which is licensed or which is required to be
licensed pursuant to this By -Law.
b) The Licensing Officer may waive the requirement for any inspection,
approval or documentation as may be required pursuant to this By -Law
where such inspection, approval or documentation is not applicable to the
carrying on of the business which is licensed or required to be licensed
under this By -Law.
5. POSTING OF LICENSE
a) Any License issued under this By -Law shall be prominently and
conspicuously posted on the licensed truck at all times, is required to be
shown by the Tow Truck Driver to the hirer prior to the commencement of
any work and is required to be produced by the Towing Company owner if
requested.
6. REFUSAL TO GRANT A LICENSE
6.1 The Licensing Officer may refuse to grant or issue a License to any
applicant who:
a) Has breached this By -Law in the past.
b) Has failed to comply with the requirements of this By -Law or other applicable
By -Laws of the Township or any Local Board thereof, or any Statute, Order -
in- Council, or Regulation of the Provincial Legislature or the Parliament of
Canada, or any Agency, Board or Commission thereof, in, upon or in
connection with the applied for licensed activity of the business, vehicle or
premises used or for hire in connection with the License activity.
c) Has any outstanding fines imposed under the Provincial Offences Act
R.S.O. 1990, Chapter 33, as amended, (herein referred to as the Provincial
Offences Act), for the contravention of any provision of this By -Law, or any
other municipal By -Law or Provincial statute where such fine is associated
with an offence arising out of the conduct, operation or activity within or in
conjunction with such business.
d) The applicants Ontario Driver's License is currently suspended, prohibited or
restricted due to either a Court Order, or the result of a conviction for an
offence under the Criminal Code or the result of a conviction for an offence
under any Provincial Statute.
e) Has not paid the fees as set out in Schedule 4 of this By -Law.
6.2 The Licensing Officer may refuse to grant a License to any applicant where
the Licensing Officer believes it is in the public interest to do so.
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6.3 The Licensing Officer may refuse to grant a License to any applicant where
the Licensing Officer has received three substantiated written complaints in
one licensing year regarding the applicant.
7. SUSPENSION /REVOCATION
7.1 The Licensing Officer may suspend or revoke a License issued to any
Licensee who:
a) Has breached this By -Law in the past.
b) Has failed to comply with the requirements of this By -Law or other applicable
By -Laws of the Township or any Local Board thereof, or any Statute, Order -
in- Council, or Regulation of the Provincial Legislature or the Parliament of
Canada, or any Agency, Board or Commission thereof, in, upon or in
connection with the applied for licensed activity of the business or premises,
facilities, equipment, vehicles and other property used or kept for hire in
connection with the License activity.
c) Has any outstanding fines imposed under the Provincial Offences Act for the
contravention of any provision of this By -Law or any other municipal By -Law
or Provincial statute where such fine is associated with an offence arising
out of the conduct, operation or activity within or in conjunction with such
business.
d) Has their Ontario Driver's License suspended, prohibited or restricted due to
either a Court Order, or the result of a conviction for an offence under the
Criminal Code or the result of a conviction for an offence under any
Provincial Statute.
7.2 The Licensing Officer may suspend or revoke any License issued to any
applicant where the Licensing Officer believes it is in the public interest to do
so.
7.3 The Licensing Officer may suspend or revoke a License to any applicant
where the Licensing Officer has received three substantiated complaints in
one licensing year regarding the applicant.
7.4 Any suspension of a License may be subject to such terms and conditions
as the Licensing Officer may prescribe.
7.5 No person shall operate any Towing Company, Tow Truck or act as a Tow
Truck Driver contrary to any License suspension, or terms and conditions
thereto, or where such License has been suspended or revoked.
8. NOTICE AND APPEAL
8.1 Where the Licensing Officer refuses to issue, suspends, imposes conditions
onto a License, or revokes a License, the Licensing Officer shall notify the
applicant in writing of such decision. The Notice of Decision shall set out:
a) The grounds upon which the issue of the said License is refused,
suspended, conditions are imposed or revoked.
b) That the applicant or Licensee may appeal such decision to Council by filing
with the Clerk an appeal, in writing, of the said decision within fifteen (15)
business days of being notified of the decision of the Licensing Officer.
c) A statement that if no such appeal is received by the Clerk within fifteen (15)
business days of being notified of the decision of the Licensing Officer, that
the applicant or Licensee shall not be entitled to any further notice of
proceedings.
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8.2 Upon receipt of an appeal from the applicant or Licensee the Clerk shall:
a) Fix a date and time for such matter to be considered by Council.
b) Send a Notice of Hearing to the applicant or Licensee by registered mail at
the last address as shown in the records of the Licensing Officer and to any
other person who has applied to be heard with regard to the matter at least
fifteen (15) business days prior to the date and time fixed for such hearing.
8.3 Where the Clerk does not receive an appeal from an applicant within fifteen
(15) business days, the Licensing Officer need not process the Application
further, no further notice is required to be served on the applicant, and no
refund of any fees paid is required.
8.4 At the Hearing, Council may:
a) Receive a written report from the Licensing Officer or anyone who may be
involved in the matter being considered by Council.
b) Afford an opportunity to the applicant or Licensee, either personally or
through their agent or solicitor, to present such material and evidence
relevant to the issue before Council and may ask questions of any person
presenting evidence or a report to Council relevant to the said issue.
c) Afford any other person who requests to be heard and who appears to have
an interest in the matter under discussion, an opportunity to present material
and evidence relevant to the issue before Council and to ask questions of
any person presenting evidence or a report to Council relevant to the said
issues.
8.5 Council, in considering whether or not to grant, refuse, revoke or suspend a
License shall have regard to the following:
a) Whether or not the applicant or Licensee and the compound, Tow Truck
and /or Tow Truck Driver in connection with the carrying on of a business
which is licensed or which is required to be licensed, pursuant to this By-
Law, complies with all requirements of this By -Law.
b) Whether or not the applicant or Licensee has failed to promptly remedy any
reasonable concern with regard to those matters set out in this By -Law or
has committed past breaches of this By -Law.
c) Whether or not the applicant or Licensee has failed to comply with any
requirements of any other applicable By -Law of the Township or Local Board
thereof, or any Statute, Order -in- Council, or Regulation of the Provincial
Legislature or the Parliament of Canada, or any Agency, Board or
Commission thereof, in, upon or in connection with the licensed activity.
d) Whether or not the applicant or Licensee has any outstanding fines imposed
under the Provincial Offences Act for the contravention of any provision of
this By -Law.
e) Whether or not the applicant's or Licensee's Ontario Driver's License has a
legal restriction resulting from either a Criminal Charge or a Criminal
Conviction.
8.6 Where an applicant has been referred to the Council for a hearing and the
applicant does not attend before the Council at the time and place of which
notice has been served upon such applicant, the Council may hold a hearing
in the absence of the applicant or may decide to take no further action with
respect to the Application, and no further notice is required to be served
upon the applicant.
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8.7 Council may, after the appropriate hearing is conducted, grant a License,
refuse to grant a License, revoke a License, suspend a License or impose
conditions on a License, and may make any suspension of License subject
to such terms or conditions as Council may prescribe and a decision made
pursuant to the exercise of these powers is final and binding upon the
applicant or Licensee.
8.8 The decision made by Council shall be confirmed in writing by the Chair of
the Council meeting and shall be mailed to the applicant or Licensee at their
last address as shown in the records of the Licensing Officer, to any person
who has appeared before Council and requested that a copy of the decision
be provided to them, and to the Licensing Officer.
9. DUTIES OF A TOWING COMPANY, TOW TRUCK OWNER AND TOW
TRUCK DRIVER
9.1 Every licensed Towing Company shall:
a) Provide and maintain a suitable office for the purpose of dispatching and
administration of the Towing Company, within the compound as permitted in
the Township's Zoning By -Law.
b) Ensure that they are able to provide 24 hour Tow Truck service to the public
for each day of the year.
c) Ensure compliance, with Sections 9.2 and 9.3 of this By -Law for any Tow
Truck owner and Tow Truck Driver operating on the Towing Company's
behalf where applicable.
d) Provide telephone and radio dispatching equipment and facilities in proper
working condition.
e) Permit to be operated only a Tow Truck with a gross vehicle weight rating of
at least 4,536 kg (10,000 Ibs.).
f) Ensure that every driver of a Tow Truck is the holder of valid Ontario Driver's
License issued to them by the Ministry of Transportation for the Province of
Ontario and that such License is valid at all times which such driver is
engaged in driving any Tow Truck used by the Licensee.
g)
Submit such Tow Truck for safety inspection annually or as otherwise
required by the Licensing Officer, Municipal Law Enforcement Officer,
Provincial Offences Officer, Police Officer, or other duly appointed individual
under the provisions of the Highway Traffic Act as necessary, and such valid
and current Safety Standards Certificate issued pursuant to the Highway
Traffic Act shall be filed with the Licensing Officer.
h) Maintain with the Licensing Officer at all times, a list of Tow Truck Drivers
who will drive Tow Trucks on behalf of the Towing Company and shall notify
the Licensing Officer within two (2) business days of the termination of
employment of a driver licensed pursuant to this By -Law.
i) Ensure due performance and observance of all the provisions of this By -Law
by themselves and by their employees and all other persons in or upon the
premise which is licensed under the provisions of this By -Law.
j)
Use only stationery, forms, bills, invoices, statements and any other printed
or written advertising material including any published advertisement in a
newspaper, periodical, directory or other publication, which has printed
therein in clearly legible figures and letters their name and address.
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k) Not make representation in any form that the Towing Company, Tow Truck
Owner or Tow Truck Driver has the endorsement of the Township, the
Ontario Provincial Police or any other Police Agency except with the written
permission from the Township, the Ontario Provincial Police or any other
Police Agency.
I) Have attached to or painted on both sides of the body of the Tow Truck in a
location approved by a Licensing Officer, in letters and figures not less than
eight centimetres (approximately three inches) in height, the name and
telephone number as shown on the Towing Company's License. Where the
Towing Company owner owns more than one truck, a number identifying
each Tow Truck.
m) Only use the service of a Tow Truck Driver who is licensed as a driver under
this By -Law.
n) Make all facilities and /or equipment available for inspection at any time
requested by the Municipal Law Enforcement Officer, Provincial Offences
Officer, Police Officer, or other duly appointed individual.
o) Strictly control access to the compound at all times.
p) Be entirely responsible for the repair of any damage to any impounded
vehicle caused during the impoundment period.
9.2 Every licensed Tow Truck owner shall:
a) Maintain the interior and exterior in good repair and keep the Tow Truck in a
clean and sanitary condition at all times.
b) Ensure that the Tow Truck Driver operating on their behalf charge the rates
for services permitted by the provisions of this By -Law.
c) Ensure that the Tow Truck Driver operating on their behalf charge the rates
filed with a Licensing Officer for towing and for services beyond those
services stipulated in this By -Law.
d) Ensure that the Tow Truck Driver operating on their behalf keeps an orderly
record of all calls answered by Tow Trucks owned by them.
e) Ensure that they are able to provide 24 hour Tow Truck service to the public
for each day of the year.
f) Provide telephone and radio dispatching equipment in proper working
condition.
g) Permit to be operated only a Tow Truck with a gross vehicle weight rating of
at least 4,536 kg (10,000 Ibs.).
h) Ensure that every driver of a Tow Truck shall be familiar with the provisions
of this By -Law, the laws and regulations relating to traffic and the geography
of the Township.
i) Ensure that every driver of a Tow Truck is the holder of valid Ontario Driver's
License issued to them by the Ministry of Transportation for the Province of
Ontario and that such License is valid at all times which such driver is
engaged in driving any Tow Truck used by the Licensee.
Submit such Tow Truck for safety inspection annually or as otherwise
required by the Licensing Officer, Municipal Law Enforcement Officer,
Provincial Offences Officer, Police Officer, or other duly appointed individual
under the provisions of the Highway Traffic Act as necessary, and such valid
and current Safety Standards Certificate issued pursuant to the Highway
Traffic Act shall be filed with the Licensing Officer.
1)
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k) Maintain with the Licensing Officer at all times, a list of Tow Truck Drivers
who will drive Tow Trucks on behalf of the Tow Truck owner.
I) Not make representation in any form that the Towing Company, Tow Truck
Owner or Tow Truck Driver has the endorsement of the Township, the
Ontario Provincial Police or any other Police Agency except with the written
permission from the Township, the Ontario Provincial Police or any other
Police Agency.
m) Be responsible for the due performance and observance of all the provisions
of this By -Law by themself and all other persons operating the Tow Truck on
their behalf, which is licensed under the provisions of this By -Law.
n) Use only stationery, forms, bills, invoices, statements and any other printed
or written advertising material including any published advertisement in a
newspaper, periodical, directory or other publication, which has printed
therein in clearly legible figures and letters their name and address.
o) Have attached to or painted on both sides of the body of the Tow Truck in a
location approved by a Licensing Officer, in letters and figures not less than
eight centimetres (approximately three inches) in height, the name and
telephone number as shown on the owner's License. Where the Towing
Company owner owns more than one truck, a number identifying each Tow
Truck.
p) Only use the service of a Tow Truck Driver who is licensed as a driver under
this By -Law.
q) Have affixed to the Tow Truck in a location approved by a Licensing Officer
the owner's plate issued for that Tow Truck.
r) Give written notice of the sale or other disposition of a Tow Truck to the
Licensing Officer within seven (7) days of any such sale or disposition.
s) Accept full responsibility for the acts and omissions of any driver or other
employee to the extent that any such acts or omissions do not comply with
the provisions of this By -Law.
t) Advise the Licensing Officer, within 10 days, of any change in any License
plate issued by the Ministry of Transportation to a Tow Truck licensed by the
Township pursuant to either this or any other By -Law.
9.3 Every licensed Tow Truck Driver shall:
a) Maintain the interior and exterior in good repair and keep the Tow Truck in a
clean and sanitary condition at all times.
b) Comply with all reasonable instructions from the hirer.
c) Take due care of all vehicles and property delivered or entrusted to them for
towing.
d) Be civil and behave courteously.
e) Keep an orderly record of all calls answered by them showing date, time,
service starting location, destination, finishing kilometers at the destination,
Tow Truck vehicle License number and the name of the driver, type of
service provided and remuneration collected. The records shall be retained
for a period of 12 months from date of entry and shall be open for inspection
by any Municipal Law Enforcement Officer, Police Officer or other duly
appointed individual at any reasonable time and may be removed by such
Municipal Law Enforcement Officer, Police Officer or other duly appointed
individual and retained for any reasonable period of time.
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f) Before demanding payment for services, present to the hirer an itemized bill
for the services setting out the cost of all services and equipment provided or
to be provided on the basis of the rate set out in the Tariff of Rates as
identified as set out in Schedule 5 of this By -Law and as submitted to the
Licensing Officer.
g)
Keep in the Tow Truck and show to the hirer a copy of a tariff card showing
the collision rates, as per Schedule 5 of this By -Law, the applicable rates
filed with the Licensing Officer for non - collision rates and also showing, if
applicable, that the hirer may be charged additional fees for storage by the
operator of any storage facility or business to which the hirer's vehicle is to
be towed.
h) Operate only a Tow Truck with a gross vehicle weight rating of at least 4,536
kg (10,000 lbs.).
i) Operate only a Tow Truck which has all of the following equipment in a good
state of repair:
i) A winching or hoisting device of sufficient capacity to lift safely the
vehicle to be towed.
Wheel lift or an underlift equipped and maintained in a manner to
ensure the safe lifting and conveying of a vehicle to be towed.
iii) One device for securing the steering wheel of a vehicle.
iv) One dry chemical fire extinguishers having an effective total rating
equivalent to at least 4 -B C, and weighing at least 2.27 kg
(approximately 5 lbs.).
v) A minimum of two tow safety chains having a minimum length of
2.7432 metres (approximately 9 feet) each with links of at least
7.9375mm steel (5/16 inches).
vi) Three (3) safety pylons.
vii) An intermittent amber warning light system consisting of at least one
light which would be clearly visible in all directions for a distance of
least 100 metres (approximately 328 feet).
viii) A broom.
ix) A shovel.
x) A general purpose first aid kit.
xi) At least one (1) wheel blocks.
xii) Flares or reflector kits.
xiiii) Wheel wrenches.
xiv) Light bar for a rear extension carrier.
xv) A dolly or flatbed truck.
xvi) A safety vest.
xvii) Any other equipment as may be required under the Highway Traffic
Act.
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q)
xviii) Any equipment the Tow Truck Driver deems necessary and
appropriate.
Produce trip records upon the request of any Licensing Officer, Municipal
Law Enforcement Officer, Provincial Offences Officer, Police Officer, or other
duly appointed individual.
Drive the Tow Truck which is towing or otherwise conveying a vehicle by the
most direct route to the destination requested by the hirer, and in the most
expeditious manner, unless otherwise directed by the hirer.
Drive the Tow Truck to a compound appropriately zoned by the Township by
the most direct route unless the hirer requests that the vehicle be delivered
elsewhere.
Take due care of all property delivered or entrusted to them and accepted by
them for conveyance or safekeeping.
With the gained approval of the Investigating Police Officer, clean up any
debris, fragments of glass, vehicle parts or other materials and which may
be a danger to the public from any highway or roadway prior to towing the
vehicle from the collision scene.
Retain all Towing Authorization Forms for at least ninety (90) days from the
tow date indicated on the Towing Authorization Form and make them
available for inspection upon request by a Police Officer or Licensing Officer.
Where the hirer refuses to sign the Towing Authorization Form, the driver
must indicate such on the form and retain this form for at least ninety (90)
days from the tow date indicated on the Towing Authorization Form and
make it available for inspection upon request by a Police Officer, or a
Licensing Officer.
Place their Tow Truck Driver's photographic identification card, as issued by
the Township pursuant to the provisions of this By -Law, in such a manner in
the Tow Truck they are driving as to be conveniently seen and read by
passengers.
r) Punctually keep all their appointments and engagements resulting from calls
and shall, unless the Tow Truck they are driving has been previously
engaged, serve at any place within the Township and at any specified time,
whether by day or night, any person who may lawfully require their Tow
Truck and they shall not neglect to fulfill their appointments or engagements
except for reasons beyond their control.
s) Upon request of any passenger, give in writing their name and number of
the License issued to them under the provision of this By -Law.
t) Provide a full recovery service for any and all loads dumped at a collision
scene in accordance with any applicable legislation.
u) Provide the hirer, after providing proof of ownership of the vehicle, the
opportunity to remove any personal property left in the vehicle and itemize
those items on the Authorization Form as set out in Schedule 6 of this By-
Law.
10.5 Every Tow Truck Owner and Tow Truck Driver shall be prohibited
from:
a) Using any vehicle as a Tow Truck unless such vehicle has been licensed
under the provisions of this By -Law.
b) Providing any service or operating as a Tow Truck Driver for any Towing
Company which is not licensed under the provisions of this By -Law.
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c) Receiving dispatched calls from a Towing Company unless such Towing
Company is licensed under the provisions of this By -Law.
d) Commencing to tow or otherwise convey or move any vehicles, hook, lift
or connect the vehicle to the Tow Truck unless the Tow Truck Driver has
completed a Towing Authorization Form, provided the form to the hirer,
and the form has been dated and signed by the hirer and the driver has
provided a copy of the completed form to the hirer.
e) Commencing to tow or otherwise convey or move any vehicle, or hook, lift
or connect the vehicle to the Tow Truck, or perform any other services
unless first requested to do so by a hirer, a Police Officer, any member of
a Municipal Fire Department, or any person authorized by law to direct the
removal of the vehicle from private or public property.
f) Altering the Towing Authorization Form.
g) Charging any fare or rate which is contrary to those stipulated in this By-
Law or approved by the Licensing Officer.
h) Stopping, or parking within two hundred (200) metres (approximately 656
feet) of a collision scene. This provision does not apply where the Tow
Truck Driver has been summoned to the location of the collision by one of
the persons referred to in subsection 10.5 e) of this By -Law or where there
are fewer Tow Trucks at the collision scene than vehicles apparently
requiring the services of a Tow Truck.
i) Asking or seeking out a hirer or allowing or directing an agent to ask or
seek out a hirer, at a collision scene or within two hundred (200) metres
(approximately 656 feet) of a collision scene, where the actions of the
driver or agent constitute a nuisance.
1)
Towing or otherwise conveying or moving any vehicle which is to be towed
outside of the Township unless it is to a compound authorized by the
Township or it is requested by the owner or operator of the vehicle, a
Police Officer or member of the Municipal Fire Department.
k) Driving or acting as a driver unless the registered owner or where
applicable, the lessee, of the Tow Truck is licensed under this By -Law.
I) Remaining at the scene of a tow after a Police Officer or member of a
Municipal Fire Department at the scene has requested that the driver
leave the scene immediately.
m) Interfering with any contract for hiring of a Tow Truck where a person has
hired or has indicated their intention to hire a Tow Truck.
n) Inducing any person to employ or hire a Tow Truck by making any false
representations to any person, including representations regarding the
location of, or distance to, any place.
o) Using or permitting to be used, a Tow Truck which has been found to be
unsafe or defective after examination and inspection as required under this
By -Law.
p) Demanding or requesting payment for their services other than in
accordance with the applicable schedule of rates filed with a Licensing
Officer.
q) Demanding or requesting or receiving a drop fee.
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r) Charging a hirer for time lost through defects or inefficiency of the Tow
Truck, or the incompetence of the Tow Truck owner or driver.
s) Suggesting or recommending to any hirer that any motor vehicle in respect
of which their services are to be given or requested, be towed, conveyed,
driven or delivered to any particular salvage yard, body shop, storage yard
or any other public garage, building or place, unless they have been
requested to do so by the hirer.
t) Permitting a person to be a passenger in a Tow Truck, except under the
following circumstances:
i) the passenger is the hirer of the Tow Truck.
ii) the passenger is either the spouse, son, daughter or parent or similar
relation in law of the Tow Truck Driver, and in such cases, the driver
is not to solicit a tow, engage in any form of towing or have their Tow
Truck within two hundred (200) metres (approximately 656 feet) of
the collision scene, nor shall the driver cause or permit their
passenger to solicit a tow or take any actions to engage in any form
of towing while the passenger is in the Tow Truck.
iii) the passenger has been issued a temporary License and is receiving
instructions on driver training as to the operation of a Tow Truck while
a passenger.
iv) the passenger is the owner of the Tow Truck or Towing Company.
v) Is exempt under the provisions of Section 11.4 of this By -Law.
u) Soliciting any person to take or use the Tow Truck they are driving by calling
out or shouting or employ or allow any runner or other person to assist or act
in concert with them in obtaining any business. The person wishing to use
or engage the Tow Truck shall be left to choose without interception or
solicitation.
v) Obstructing the use of any sidewalk, make any loud noise or disturbance,
use any abusive language, annoy or insult any person whatsoever.
w) Parking, stopping or otherwise standing the Tow Truck contrary to any
Township By -Law except while actually at the vehicle and engaged in
services as provided by such driver.
Smoking in contravention of any Township By -Law regarding smoking or
any other applicable legislation, whichever is the most restrictive.
y) Falsely representing themselves as an employee of the Ontario Provincial
Police, any other Police Agency or the Township, in any manner.
z) Operating a Tow Truck at any time where such vehicle being operated as a
Tow Truck does not meet, or if put to an inspection, could not pass the
Safety Standards established pursuant to the Highway Traffic Act.
aa) Permitting any Tow Truck Driver to drive any Tow Truck unless such Tow
Truck Driver is licensed under the provisions of this By -Law.
bb) Permitting any person to dispatch calls on behalf of the Towing Company or
to a Tow Truck unless such company or vehicle is licensed under the
provisions of this By -Law to do so.
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cc) Breaching or violating or causing, suffering, or permitting any breach or
violation of any By -Law of the Township, or any Statute, Order -in- Council, or
Regulation of the Legislature of the Province of Ontario or the Parliament of
Canada or any Agency, Board or Commission thereof, in, upon, or in
connection with the vehicle or activity for, or in relation to which the License
has been issued.
dd) Causing, suffering or committing any nuisance to arise in, on, or in
connection with the vehicle or activity for which the License has been issued.
ee) Operating or allowing to operate a Tow Truck that exceeds the
manufacturer's gross vehicle axle rating (G.V.A.R.).
ff) Acting, or permitting to act, as a spokesperson to the media on behalf of
Police, the Township, any persons or agencies, on all matters occurring, or
have thought to be occurring, within a collision scene.
11. HEAVY RECOVERY TOWING / HEAVY RECOVERY FIRM
11.1 A Towing Company shall be deemed to be a Heavy Recovery Towing
or Heavy Recovery Firm if the Towing Company:
a) Owns or has immediate access to and ability to operate a minimum of one
(1) rotating recovery Tow Truck with a forty (40) ton minimum manufacturer
rated boom.
b) Owns or has immediate access to and ability to operate a minimum of two
(2) additional heavy recovery units with a twenty -five (25) ton minimum
manufacturer rated boom.
c) Utilizes manufacturer rated safety chains appropriate to the size of the
recovery unit.
d) Owns or has immediate access to replacement tractors available at all
times.
e) Owns or has immediate access to load floats and /or detachable floats and
replacement van trailers at all times.
f) Is able to provide an appropriate indoor facility for the storage of vehicles for
investigational purposes which is deemed appropriate by any investigating
officer or any enforcement agency with an auditory alarm and video
surveillance.
9)
Submit such Tow Truck for safety inspection annually or as otherwise
required by the Licensing Officer, Municipal Law Enforcement Officer,
Provincial Offences Officer, Police Officer, or other duly appointed individual
under the provisions of the Highway Traffic Act, as necessary.
11.2 A Heavy Recovery Towing / Heavy Recovery Firm shall provide to the
Licensing Officer:
a) Proof of Ministry of Environment Provisional Waste Handling Certification.
b) A copy of the auditable training programs for the Transportation of
Dangerous Goods as per the Dangerous Goods Transportation Act, R.S.O.
1990, Chapter D.1, as amended.
c) A statement that all surveillance records will be kept in a secure location for
a minimum of thirty (30) calendar days.
d) A copy of any contracts relating to the requirements of 11.1 a), b), d), e) and
f) of this By -Law, if applicable.
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e) And must meet all requirements for a Towing Company as identified within
this By -Law unless exemptions are otherwise provided within this By -Law.
11.3 A Heavy Recovery Towing / Heavy Recovery Firm shall be permitted to
operate a compound outside of the Township boundaries upon:
a) Inspection of the facility by the Licensing Officer or designate.
b) Approval by the Council of the Township.
c) Proof of insurance with a minimum of $5,000,000.00 (five million) liability for
the compound.
d) And that the said compound meets all other requirements as provided within
this By -Law.
11.4 A Heavy Recovery Towing / Heavy Recovery Firm shall be permitted to
allow working as many employees of the Towing Company as required
to complete the towing in a safe and timely manner which includes to
be permitted to travel in the Heavy Recovery Towing Tow Truck(s).
12. TRAINEES AND TRAINING INSTRUCTION
a) Where a person who is permitted to be a passenger pursuant to this By -Law
is receiving instructions on driver training such passenger shall not be:
i) Trained for more than one thirty -day period commencing from the
date that the Application for a driver's License was submitted to the
Licensing Officer;
ii) Permitted more than one such thirty -day training session regardless
of the number of Applications for a driver's License the applicant may
have made to the Licensing Officer; or
iii) A nuisance, or hindrance or such passenger shall not create a
disturbance while in the process of receiving such training.
b) Where an Application for a driver's License has been submitted to the
Licensing Officer, and where the applicant for such driver's License will be
receiving instructions on driver training from the licensed owner, the
Licensing Officer shall issue a trainee License which shall expire thirty (30)
days from the date that the Application is submitted and is completed within
the provisions of this By -Law.
c) No person shall be a passenger in a Tow Truck who is receiving instructions
on driver training prior to the issuance of a thirty (30) day trainee License.
d) No person shall instruct, or permit to be instructed, a passenger on driver
training prior to the issuance of a thirty (30) day trainee License.
13. ENFORCEMENT
a) A Licensing Officer, Municipal Law Enforcement Officer, Provincial Offences
Officer, Police Officer, or other duly appointed individual shall enforce the
provisions of this By -Law.
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14. REGISTRY
a) The Licensing Officer shall keep a License register in which shall be
recorded the full operating name and address of each Licensee, the address
of the place or premise in which the Licensee carries on, conducts,
operates, maintains, keeps, or engages in the business, for which the
License was issued, the number of the License and any plates issued, the
date of issue, the amount of the License fee paid, the date of expiry of the
License, the type of License issued, and any other particulars or
observations pertaining to the same which are useful or necessary. A copy
of the updated License registry shall be provided to the Ontario Provincial
Police Barrie Detachment upon each update.
15. INSURANCE
a) All insurance required under the provisions of this By -Law shall be provided
at the time of Application in a form acceptable to the Township and in the
amount as specified pursuant to the applicable sections of this By -Law
unless otherwise approved or required by Council. Where applicable,
Certificates of Insurance shall name The Corporation of the Township of
Oro - Medonte as an additional insured. Further, any liability insurance shall
contain an endorsement specifying that the Township shall be given thirty
(30) days written notice of any cancellation, expiration or change in the
policy.
b) If for any reason such liability insurance is cancelled, expires or for any other
reason does not remain in effect, the License for which the insurance was
required shall become void on the final date for which the insurance was
valid.
16. FEES AND INSPECTIONS
a) The Schedules of this By -Law outline the Applications, inspections, and
documentation required to accompany any Application and further
establishes the fees required to be paid by the applicant at the time of
Application.
b) Incomplete Applications shall be considered to have been received and may
be returned to the applicant or held pending further information and the
applicant will be provided a written notice of such actions of the Licensing
Officer. Once the Application and fee is submitted to the Licensing Officer,
the fee shall not be reimbursed.
17. SCOPE AND AUTHORITY
a) Where a matter is subject to provincial regulation, any provision of this By-
Law is without effect to the extent that it prohibits or regulates the matter in
substantially the same way as or in a more restrictive way than the provincial
regulation.
18. EXPIRY OF LICENSE
a) The date of expiry for all Licenses issued under the provisions of this By -Law
shall be one year from date of issue unless otherwise specified on the
License and each renewal of License shall, thereafter, expire on such date
in each subsequent year.
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19. SEVERABILITY
a) Should any section of this By -Law be declared by a Court of competent
jurisdiction to be ultra vires or illegal for any reason, the remaining parts
shall nevertheless remain valid and binding, and shall be read as if the
offending section or part had been struck out.
20. EXEMPTIONS
a) The Licensing Officer and /or Council may grant an exemption to any
person from any provision of this By -Law and impose conditions for such
exemption as may be considered reasonable and necessary, provided
such exemption does not interfere with the general integrity of this By-
Law.
b) In the event that a situation develops that requires specialized towing
equipment that is not available through a licensed owner /driver then the
closest available towing service with the necessary equipment may be
called and the company's owner and driver shall be exempt from the
requirements of this By -Law for the duration of the call for service.
c) In the event that a Police Officer and /or an Investigating Officer requires
the Tow Truck services to be provided from a Towing Company that has a
contract or memorandum of understanding with the Ontario Provincial
Police or any other Police Service, the necessary Towing Company may
be called and the company's owner and driver shall be exempt from the
requirements of this By -Law for the duration of the call for service.
d) In the event that a Police Officer and /or an Investigating Officer requires
the Tow Truck services to be provided from a Towing Company that can
offer a specialized services required by the Police Officer and /or
Investigating Officer, the necessary Towing Company may be called and
the company's owner and driver shall be exempt from the requirements of
this By -Law for the duration of the call for service.
e) Where there is a matter of public concern or public safety, the vehicle
operator /owner /responsible representative shall be asked to select a
towing service from a Township generated listing of all locally licensed
Towing Companies, or if the hirer is unable to do so, the Officer shall call
for the next towing service on the rotational call list.
f) Where there are no matters of public concern or public safety, the vehicle
operator /owner /responsible representative shall be asked to select a
towing service from a Township generated listing of all locally licensed
Towing Companies, or if the hirer is unable to do so, the Officer shall call
for the next towing service on the rotational call list.
21. IMMEDIATE REVOKATION /CANCELLATION OF TOWING
OWNER/TOW DRIVER LICENSE
a) Where a Licensing Officer, Municipal Law Enforcement Officer, Police
Officer or other Provincial Offences Officer finds suspended, prohibited or
restricted by way of a Court Order, Criminal Conviction or other conviction
pursuant to a Provincial Statute, the Ontario Driver's License of a person
who is licensed under this By -Law, the Tow Truck Owner or Tow Truck
Driver shall surrender the License issued pursuant to this By -Law and it
shall be immediately revoked or cancelled until a hearing has been
convened.
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b) Where a Licensing Officer, Municipal Law Enforcement Officer, Police
Officer or other Provincial Offences Officer finds suspended, prohibited or
restricted by way of a Court Order, Criminal Conviction or other conviction
pursuant to a Provincial Statute, the Ontario Driver's License of a person
who is licensed under this By -Law, the Tow Truck Owner or Tow Truck
Driver shall as soon as practical return the seized License issued pursuant
to this By -Law to the Licensing Officer.
c) A Tow Truck Driver who has had their License revoked or cancelled by
reason in paragraph 21. a), may re -apply for a license issued under
section 3.4 or 3.5 and pay all applicable fees.
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SCHEDULE 1 To By -Law No. 2011 -093
APPLICATION — TOWING COMPANY
Registered Name of Company Company's Owner(s)
Company's Address Company's Main Contact
Compound Location
Email
New
Phone Number
Cellular Number
Renewal
1. Payment of the appropriate fees as set out in Schedule 4 of this By -Law.
2. Proof of Commercial General Liability Insurance obtained and kept in force
during the term of the License issued, satisfactory to the Township, be written
by an insurer licensed to conduct business in Canada and include but not be
limited to the following:
i) A limit of liability of not less than five million ($5,000,000.00) for each
occurrence.
ii) The Township shall be named as an additional insured.
iii) The policy shall contain a provision for cross liability in respect of the named
insured.
iv) Non -owned automobile coverage with a limit of at least five million
($5,000,000.00) including contractual non -owned coverage.
v) Products and completed operation coverage (Broad Form) with an aggregate
limit not less than five million ($5,000,000.00).
vi) Coverage for Hostile Fire, Hook Liability, Severability Of Interest Clause,
Contractual Liability - Oral & Written, Contingent Employer's Liability,
Employer's Liability, Broad Form Property Damage and Pollution From A Hostile
Fire.
vii) That thirty (30) days prior notice of an alteration, cancellation or material change
in policy terms which reduces coverage's shall be given in writing to the
Township.
3. Proof of a standard Automobile Policy with limits no less than five million
($5,000,000.00) in respect of each owned or leased licensed vehicle to be
obtained and kept in force for the duration of this contract automobile.
4. Proof of Goods and Services Tax (GST) registration or Harmonized Sales Tax
(HST) registration.
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5. A written Statement of Rates and Charges for all services provided by the
Towing Company to the Licensing Officer. The Licensee shall ensure that no
other rates or charges are demanded or received by any Tow Truck Driver. The
Statement of Rates and Charges will be periodically reviewed by the Licensing
Officer and Tow Truck Companies to ensure mutually agreed upon rates.
6. Any changes in the Statement of Rates and Charges shall be filed with the
Licensing Officer 90 (ninety) days prior to the new Statement of Rates and
Charges taking effect.
7. A completed Occupational Health and Safety Statutory Declaration Form as set
out as Schedule 7 of this By -Law.
8. A Criminal Record Check obtained from a Police enforcement agency, dated
within 30 days of the date of receipt of the Application, including, if applicable, a
Vulnerable Sectors Check for each owner of the Towing Company.
9. Any other required inspections, approvals or documents as required by the
Licensing Officer:
This Application is deemed to be complete on the of
20 .
Staff signature.
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SCHEDULE 2 To By -Law No. 2011 -093
APPLICATION — TOW TRUCK
Company's Name on Tow Truck Tow Truck's Owner(s)
Tow Truck Owner's Address Tow Truck Owner's Main Contact
Compound Location
Email
New
Phone Number
Cellular Number
Renewal
1. Payment of the appropriate fees as set out in Schedule 4 of this By -Law.
2. The vehicle's make, model, year and Vehicle Identification Number.
3. Proof of a standard Automobile Policy with limits no less than five million
($5,000,000.00) in respect of each owned or leased licensed vehicle to be
obtained and kept in force for the duration of this contract automobile.
4. A copy of the certificate of insurance for the Tow Truck for which they are the
owner. The Township shall be given at least ten (10) days' notice, in writing, of
the cancellation or expiration or variation in the amount of the policy and
insuring each such Tow Truck have a minimum of the following amounts:
i) In respect to any one claim, in the amount of at least five million ($5,000,000.00)
exclusive of interest and costs, against liability resulting from bodily injury to or
the death of one or more persons and loss or damage to property.
ii) In respect of any one claim, in the amount of at least two hundred thousand
($200,000.00) against liability for damage to a customer's motor vehicle while in
their care, custody or control and caused by collision, upset, fire, lightning, theft
or attempt theft, malicious mischief, windstorm, hail, explosion, riot, civil
commotion or rising water.
iii) In respect of any one claim, cargo liability insurance in the amount of at least
one hundred thousand ($100,000.00) to indemnify the applicant against loss by
reason of their legal liability indirect physical loss or damage to vehicles and
other items of property accepted by the applicant for towing or conveyance.
5. A valid and current Motor Vehicle Permit issued by the Ministry of
Transportation issued in the applicant's name for each Tow Truck being
licensed.
6. The Ontario License plate number as issued by the Ministry of Transportation.
7. A Ministry of Transportation Annual Inspection Certificate issued under the
Highway Traffic Act showing that the Tow Truck has been inspected within the
previous sixty (60) days of the date that the Application has been received by
the Licensing Officer.
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8. A Ministry of Transportation Safety Standards Certificate issued under the
Highway Traffic Act within the previous sixty (60) days of the date that the
Application has received by the Licensing Officer.
9. A Vehicle Inspection letter from a Certified Master Installer to demonstrate that
the Tow Truck complies with Transport Canada Regulations for the Towing of
Vehicles.
10. Proof of speed governing at one hundred and five (105) kilometers per hour for
trucks registered over eleven thousand, seven hundred and ninety -four (11,794)
kilograms for vehicles manufactured in 1995 or later.
11. Certificate of Inspection that the Tow Truck complies with the National Safety
Mark under the Motor Vehicle Safety Regulations or a Certificate that the Tow
Truck to be licensed is exempt.
12.A letter identifying that front line service Tow Trucks are no older than fifteen
(15) years and reserved service Tow Trucks are no older than twenty (20)
years.
13. In the case of a Tow Truck which is not owned by the Towing Company, the
registered owner's name and address, the vehicle identification number and the
Ontario License plate number as issued by the Ministry of Transportation for
each vehicle to be used as a Tow Truck.
14. If a Tow Truck is a leased vehicle, the applicant shall provide a copy of the
lease agreement for each of leased Tow Truck being licensed.
15.A Tow Truck License may be reissued by the Licensing Officer for the
replacement vehicle where a person holds a valid Township License under this
section for the current year, where such person certifies that the Tow Truck
licensed under this section has been removed from service and is being
replaced by another vehicle to be operated as a Tow Truck, and upon
submission all documents required under this By -Law.
16.Any other required inspections, approvals or documents as required by the
Licensing Officer:
This Application is deemed to be complete on the of
20 .
Staff signature.
Page 30 of 35
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SCHEDULE 3 To By -Law No. 2011 -093
APPLICATION — TOW TRUCK DRIVER
Tow Truck Driver's Name Tow Truck Driver's Address
Compound Location
Email
Phone Number
Cellular Number
New Renewal
1. Payment of the appropriate fees as set out in Schedule 4 of this By -Law.
2. The applicant's original Ontario Driver's License with a minimum Class G
designation with no driving restrictions.
3. An Ontario Driver's License abstract obtained from the Ministry of
Transportation and dated within 30 days of the date of receipt of the Application.
4. A Criminal Record Check obtained from a Police enforcement agency and
dated within 30 days of the date of receipt of the Application, including, if
applicable, a Vulnerable Sectors Check.
5. Documentation to the satisfaction of the Licensing Officer from the owner of the
Towing Company for whom the applicant is to provide services as a Tow Truck
Driver confirming that the applicant is employed by or otherwise authorized to
provide services as a Tow Truck Driver for the said Towing Company.
6. A statement in writing if they have any pecuniary interest either directly or
indirectly, in a vehicle pound, yard or building used for the storage or
impounding of vehicles, a vehicle body shop or other kind of public garage or
any other yard, shop, building or place used for the storage, repair or servicing
of vehicles, and provides and files with a Licensing Officer full information as to
the location and the type of facilities in which they have an interest and the
nature and extent of the interest.
7. Any other required inspections, approvals or documents as required by the
Licensing Officer:
This Application is deemed to be complete on the of
20 .
Staff signature.
Page 31 of 35
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SCHEDULE 4 To By -Law No. 2011 -093
FEES
CATEGORY
LICENSE FEE
Towing Company (each)
$250.00
Tow Truck (each)
$250.00
Tow Truck Driver (each)
$100.00
Duplicate License
$25.00
Replacement License including
amendments
$25.00
' "In the event of return and /or surrender or revocation of a license issued
pursuant to this By -Law, no part of the license fee will be refunded.
Page 32 of 35
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SCHEDULE 5 To By -Law No. 2011 -093
TARIFF OF RATES — COLLISION TOWING
* *shall include all administration, hook up or release fees **
Collision Tow to any Towing Company's Compound within
the Township
*where the vehicle does not exceed 6000 pounds (3000
kg) in towing weight, including:
* scene clean -up (up to 30 minutes)
* including use of flatbed or dolly
$350.00
Collision Tow to any destination at the vehicle owner's
request outside of the Township
*where the vehicle does not exceed 6000 pounds (3000
kg) in towing weight, including:
*use of flatbed or dolly
* scene clean -up (up to 30 minutes)
$350.00 and
$3.00 /kilometer
Storage (outside) per day
$60.00
Storage (indoor) per day
$75.00
Wait time (after one hour)
$60.00 /hour
Scene clean -up (after 30 minutes)
$35.00/half hour
Off road recovery
*vehicle must be no less than ten (10) feet from the edge
of the road way to be considered off road recovery
*includes winching
$150.00
Roll over recovery into towing position (including
winching)
$250.00
Second Tow Truck required to assist
$90.00 /hour
* *AII non - collision towing fees to be charged are as per the written
Statement of Rates and Charges for all services provided by the Towing
Company and filed with the Licensing Officer **
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SCHEDULE 6 To By -Law No. 2011 -093
TOWING AUTHORIZATION FORM
In Accordance with Township of Oro - Medonte By -Law No. 2011 -093, the
owner /operator of the vehicle to be towed from the collision scene, or a Police
Officer in the absence of the owner /operator, and the licensed Tow Truck Driver
MUST BOTH SIGN THIS FORM before the commencement of the tow and
distribute:
White — Owner /Operator Pink — Tow Truck Driver Yellow — Police
This Towing Authorization Form is strictly for towing and in no way approval to
initiate repairs to the vehicle.
1. Completed by vehicle owner /operator /driver:
I, have authorized
the said named Tow Truck Driver to tow my vehicle bearing License Plate
Number to the location of
at the inclusive Collision Tow Rate shown to
me as set out in Township of Oro - Medonte By -Law No. 2011 -093.
Collision Tow Charge: $
Other Charges (if applicable): Amount:
2. Completed by the Tow Truck Driver
Date Company
Driver's Name Municipal License Number
Collision Location Compound Location or
Requested Location
In the event that the vehicle cannot be towed directly to the location of the vehicle
owner /operator /driver's choice, the Tow Truck Driver must disclose in advance
any additional charges as set out in the Tariff of Fees filed with the Township.
3. Permission to Tow - must be signed by all parties
Signature — Vehicle owner /operator /driver Date
Signature — Tow Truck Driver Signature — Police Officer
If you have any concerns or questions, please contact:
Township of Oro - Medonte - Licensing Officer
148 Line 7 South, Oro, ON LOL 2X0
(705) 487 -2171
Page 34 of 35
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SCHEDULE 7 To By -Law No. 2011 -093
OCCUPATIONAL HEALTH AND SAFETY
STATUTORY DECLARATION FORM
In submitting this Proposal, I/We,
on behalf of
(Legal name of company) certify the following:
a) VWe have a health and safety policy and will maintain a program to implement such
policy as required by clause 25(2)(j) the Occupational Health and Safety Act, R.S.O.
1990, c.0.1, as amended, (the "OHSA ").
14 With respect to the services being offered in this Application, 1 /we and our proposed
subcontractors, acknowledge the responsibility to, and shall:
(1) fulfill all of the "employer" obligations under the OHSA and ensure that all
work is carried out in accordance with the OHSA and its regulations;
(11) ensure that adequate and competent supervision is provided as per the
OHSA to protect the health and safety of workers; and
(iii) provide infomiation and instruction to all employees to ensure they are
informed of the hazards inherent in the work and understand the procedures
for minimizing the risk of injury or illness.
c) I/We agree to take every precaution reasonable in the circumstances for the
protection of worker health and safety, as required under the OHSA.
Dated at this day of
, 20 .
(Authorized signing officer for the Proponent)
(Title)
(Telephone Number)
Witness — Township Staff
Page 35 of 35
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9b) - 7:30 p.m. Peter Galloway, re: Boundaries of the Propo...
Page 60 of 156
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REQUEST FOR DEPUTATION BEFORE COUNCIL /COMMITTEE
(Yi' V1.e� cite
Proud 'I:cri[ p,. r::rciri,g Figure
Any written or electronic submissions and background information for consideration by Council /Committee must be submitted to the
Clerk by 4:30 pm on the Wednesday of the week prior to the preferred meeting. Electronic submissions should be submitted in
Microsoft PowerPoint /Microsoft Word format.
Preferred Meeting and Date: ( acz :,JAI La ilk °4� PST) w 'J� W f � �'o(i A
I am requesting deputation to speak:
f Sip 2 1 201 i
a) ®on my own behalf; or
b) ❑ on behalf of a group !organization / association, if b), please state name of group/ organization /associaf n be oPi.."a `$ DON
I would like to use: ❑ projector ❑ laptop
Name(s) of Speaker(s) A deputation wishing to appear before Council /Committee shall be limited to no more than two (2) speakers
with a total speaking time of not more than ten (10) minutes.
Subject of Presentation
Please describe below, the subject matter of the requested presentation in sufficient detail, to provide the Township a means to
determine its content and to assess its relative priority to other requests for presentation. Weight will be given to those requests that
provide more detailed descriptions of the content of the presentation, particularly defining how the subject matter aligns with Council's
Mandate. Please note, if you intend to include handouts or a presentation using electronic devices, one (1) copy of any electronic
presentation and fifteen (15) hard copies of the presentation including any handouts and are to be delivered to the Clerk's Office in
accordance with the guidelines for Deputations /Delegations outlined in the Township's Procedural By -law.
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Reason why this presentation is important to Council and to the municipality:
b a l 6 tAi M/ o INC P A A TO i e ' 91-, Ty at 'vs # .r i r . ' p / i e IF,ry 7 + Wti $6u m
_
i g iii (i i° ZT/ 0-3-4 c i Of SocrirP S,7, 6F l S(% (75 ).-16/ 5 ivokrei
1rJ cc, R _ 1 If r ter 'Y6 c1 -O -J 4.7 PFzt- Pdr110 71yi' r d,L,1 ! PI/0L/t-
Date of Request: S'e P °. o,r 9-0i /
Signature(s) of Speaker(s): 1? 6.1r1
Address: II S L-"r'6 . /°/ti p //. if ,f-# 0/ _r�*.I tM/ t /-OL® ,1.,E b
Telephone: 7n
Fax: ;� Email F,
Note: Additional material may be circulated / presented at the time of the deputation. Scheduling will be at the discretion of the Clerk,
and will be confirmed. There are no guarantees that by requesting a certain date(s) your deputation will be accepted, as prior
commitments may make it necessary to schedule an alternate date suggested by the Clerk.
Personal information on this form is collected under the legal authority of the Municipal Act, S.O. 2001, c.25 as amended. The information is collected
and maintained for the purpose of creating a record that is available to the general public pursuant to Section 27 of the Municipal Freedom of Information
and Protection of Privacy Act. Questions about this collection should be directed to the Clerk's Office, The Corporation of the Township of Oro - Medonte,
148 Line 7 South, Box 100, Oro, Ontario, LOL 2X0.
01/2011
Page 60 of 156
9b) - 7:30 p.m. Peter Galloway, re: Boundaries of the Propo...
Page 61 of 156
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Page 61 of 156
9b) - 7:30 p.m. Peter Galloway, re: Boundaries of the Propo...
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Page 62 of 156
9b) - 7:30 p.m. Peter Galloway, re: Boundaries of the Propo...
Ix!`RECT<�f
TEN
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1RK
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1. AERIAL IMAGERY OBTAINED FROM GOGGLE EARTH
2. ROAD CONSTRUCTOR PROCEDURES
- CLEAR & CRUD ALL AREAS PROPOSED FOR ROAD
- STRIP & REMOVE ALL TOPSOIL
- SHAPE & PROOF -ROLL SUBCRADE.
-SHAPE & GRADE DITCHES & SWALES.
- PLACE, SHAPE MO COMPACT GRANULAR SUBBASE
TYPE I - 300mm GRANULAR "8" SUBBASE, 1
TYPE 2 - 200mm GRANULAR "8" SUBBASE, 1
TYPE 3 - 150mm TO 200mm GRANULAR A.
-RE- VEGETATE DITCHES AND SWALES.
•
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•
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PRELIMINARY
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RECURRENT ENERGY — MIDHURST 3
3.5MW AC
SOLAR GENERATION FACILITY — SITE LAYOUT
VARDROP
CULVERTS:
I.
AND PARKING LOT CONSTRUCTION.
AND BASE MATERIALS AS FOLLOW:
I . 20 0
50mm GRANULAR "A' RASE.
50mm GRANULAR "A" BASE.
•
2.
A TETRA TECH COMPANY
CULVERT SHALL BE CORRUGATED STEEL PIPE
OR RIBBED PVC PIPE INSTALLED IN
ACCORDANCE WITH OP5D.
MINIMUM CULVERT DIAMETER:
300mm Mln. Dk. FOR MINOR CULVERTS
600mm Min. Oki. FOR MAIN CULVERTS
REFER TO PLANS FOR CULVERT LOCATIONS.
APP. SCALE:
25 50 75 100m
LEGEND:
- INVERTER / XFMR
EQUIPMENT PAD
- SOLAR ARRAY
-••- - LEASE BOUNDARY
- ACCESS ROAD
-•- - PROPOSED FENCE
p--1- ADDITIONAL CONSTRUCT
AREA THAT MAY BE U51
FOR THE FACILITY
I1^ - POTENTIAL TEMPORARY
Page 63 of 156
9b) - 7:30 p.m. Peter Galloway, re: Boundaries of the Propo...
Page 64 of 156
9b) - 7:30 p.m. Peter Galloway, re: Boundaries of the Propo...
Page 65 of 156
10a) - Report No. CS2011 -027, Doug Irwin, Director of Corpor...
REPORT
ejhlof
Proud Heritage, Exciting Future
Report No.
CS2011 -27
To:
Council
Prepared By:
Harold Daynard,
Manager of Information
Technology
Motion #
Meeting Date:
September 28, 2011
Subject:
Proposed Location for the
Installation of Broadband
Tower
Roll #:
R.M.S. File #:
RECOMMENDATION(S): Requires Actions For Information Onlyu
It is recommended that:
1. That Report CS2011 -27 be received and adopted.
2. That Council approve the installation of a telecommunications tower at the preferred
Location with legal description of Plan M726 Blk 54, municipally addressed as 2565
Bidwell Road.
3. And that the Clerk bring forward the appropriate lease agreement for Council's
consideration.
BACKGROUND:
The Rural Connections Broadband Program is a joint partnership of Simcoe County
municipalities that is aimed at bridging the broadband connectivity gaps in rural communities
across Simcoe County. From this partnership a Steering Committee was formed and its
mandate was to explore cost effective service options for high speed Internet access for
residents.
In July 2010, the Township of Tiny, on behalf of the participating municipalities, applied to the
Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) for funding for the Intake 3
Program. OMAFRA approved the application in the amount of $688,167.00 with the remaining
funds of the project to be covered by each municipality ($5,000.00 each, previously committed),
and by the approved vendor for a total project cost of $2,064,500.00.
Following approval of funding from OMAFRA, the Township of Tiny prepared, posted and
accepted tenders from service providers for the installation of telecommunication towers. In
total, two tenders were received and reviewed by the Steering Committee; Point to Point
Corporate Services September 28, 2011
Report No. CS2011 -27 Page 1 of 3
Page 66 of 156
10a) - Report No. CS2011 -027, Doug Irwin, Director of Corpor...
Broadband Inc. was selected to service the Oro - Medonte area (Project area C see attached
map).
ANALYSIS:
Point to Point has surveyed the Oro - Medonte Project Area C and has found a preferred
tower location. The location's legal description is Plan M726 Blk 54 which is municipally
addressed as 2565 Bidwell Road. This property is owned by the Township of Oro -
Medonte.
FINANCIAL:
Through Motion No. C110309-15 from the Township of Oro - Medonte Council Meeting of
March 9, 2011 Council confirmed its participation in the Intake Three of the Rural
Connections Broadband Program. The Motion also confirmed participation of Township
staff on a Steering Committee for the project, business and public outreach activities,
and committed the requisite $5000 funding in the 2012 Budget.
POLICIES /LEGISLATION:
CONSULTATIONS:
Director Corporate Services /Clerk
Planning Division
Rural Connections Broadband Program Steering Committee
ATTACHMENTS:
Location Map
Project Area C Map
CONCLUSION:
It is recommended that Council approve the installation of a telecommunications tower
at 2565 Bidwell Road to enable Point to Point Broadband to bring highspeed Internet
service to additional Oro- Medonte Residents through the Rural Broadband Connection
Corporate Services
Report No. CS2011 -27
September 28, 2011
Page 2 of 3
Page 67 of 156
10a) - Report No. CS2011 -027, Doug Irwin, Director of Corpor...
Program, and that the Clerk bring forward the appropriate lease agreement for Council's
consideration.
Respectfully submitted:
Harold Daynard,
Manager of Information Technology
C.A.O. Approval / Comments:
cLg?.
Corporate Services September 28, 2011
Report No. CS2011 -27 Page 3 of 3
Page 68 of 156
10a) - Report No. CS2011 -027, Doug Irwin, Director of Corpor...
Preferred Tower Location for Project Area C
HEMLOCK CRESCENT
MEM
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•
Preferred Location for Telecommunications Tower
Page 69 of 156
10a) - Report No. CS2011 -027, Doug Irwin, Director of Corpor...
_
VIIIIIIIIMIN
. 11110
r tl
r COUNTY OF
S1McoEA_
For the Greater GoodIIIIIIIIIII. 41111111.11r
Project Area C
� j • `� ..
°�� �_�/ V - La Library
t - Proposed ro
sed PectArea
4/ 1 Simcoe County Schools
_ _ A County Roads Yard
/ County of Simcoe Administration Centre
J-. ./ -' -` 0 Municipal Admirulrative Office
, Ci - Civic Address Points
i Municipal Properties
.fi b CCA County Properties
Y I
I-1 Municipal Border
® [ Separated City
c =
, ;, CFB Borden
•
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GEOGRAPHICAL ,
DPI t INFORMATION
�. m�u u,I «,...,.,.,�, _ SYSTEMS
Page 70 of 156
10b) - Report No. DS2011 -038, Andria Leigh, Director of Deve...
REPORT
Township of
l donee
Proud Heritage, Exciting Future
Report No.
DS 2011 -038
To:
Council
Prepared By:
Andria Leigh, Director of
Development Services
Meeting Date:
September 28, 2011
Subject: Recurrent Energy —
Orillia 1 and 3 and Midhurst 3
& 4 Solar Energy Generation
Projects
Motion #
Roll #:
R.M.S. File #:
003 40635
RECOMMENDATION(S): Requires Action X For Information Only
It is recommended:
1. THAT Report No. DS 2011 -038 be received; and
2. THAT the Renewable Energy Municipal Consultation Forms be endorsed by Council
and submitted to the proponent (Recurrent Energy) and the Ministry of the
Environment.
BACKGROUND /ANALYSIS:
On April 8, 2010, Ontario Power Authority offered contract for the following Recurrent
Energy projects located within the Township of Oro - Medonte:
1. Orillia 1 10,000 kW — 1599 Line 13 North
2. Orillia 3 6,500 kW — 1683 Line 13 North
3. Midhurst 3 3,500 kW — 217 Line 5 North
4. Midhurst 4 6,500 kW — Line 5 North
On June 29, 2010 Hatch Environmental and Recurrent Energy held the first Public
Meeting for the Orillia 1 and 3 sites and made available the draft project description
report for public and Council viewing. The final technical reports were prepared and
submitted to the Township in May 2011 and were made available for public review prior
to the required second public meeting held on July 12, 2011.
On July 28, 2010 Hatch Environmental and Recurrent Energy held the first Public
Meeting for the Midhurst 3 and 4 sites and made available the draft project description
report for public and Council viewing. The final technical reports were prepared and
DEVELOPMENT SERVICES Meeting Date September 28, 2011
Report No. DS 2011 -038 Page 1 of 3
Page 71 of 156
10b) - Report No. DS2011 -038, Andria Leigh, Director of Deve...
submitted to the Township in May 2011 and were made available for public review prior
to the required second public meeting held on July 13, 2011.
Based on the Township staff review of the technical reports, The Municipal Consultation
Forms for each of the four sites — Orillia 1 & 3 and Midhurst 3 & 4 (Attachment #1) have
now been completed and include the compilation of comments received from all
Township departments and contains the specific technical requirements to be
addressed as the approval process moves forward.
It is recognized that the Province, by way of the Green Energy Act, has limited the
planning approvals and municipal land use controls of the Planning Act available to the
municipality and therefore the Township's ability to have our concerns implemented is
limited to being controlled through the completion and submission of the attached
municipal consultation form. Township staff has been in consultation with the Ministry
of the Environment who are awaiting the comments for the Township for their
consideration.
FINANCIAL:
N/A
POLICIES /LEGISLATION:
Environmental Protection Act
Green Energy Act
CONSULTATIONS:
Senior Management Team
County of Simcoe
Nottawasaga Valley Conservation Authority
ATTACHMENTS:
Attachment #1 — Municipal Consultation Forms ( Orillia 1 & 3, Midhurst 3 & 4) and
Nottawasaga Valley Conservation Authority comments — Orillia 1 and 3 and County of
Simcoe Comments Midhurst 4
DEVELOPMENT SERVICES Meeting Date September 28, 2011
Report No. DS 2011 -038
Page 2 of 3
Page 72 of 156
10b) - Report No. DS2011 -038, Andria Leigh, Director of Deve...
CONCLUSION:
The Municipal Consultation Forms are required to be submitted to the Ministry of
Energy in order to identify the Township's comments regarding the Orillia 1 & 3 and
Midhurst 3 & 4 Solar Energy generation projects prior to the consideration for any
Provincial approval under the Green Energy Act.
Respectfully submitted:
Andria Leigh, MCI , RPP
Director of Development Services
SMT Approval / Comments:
C.A.O. Approval / Comments:
DEVELOPMENT SERVICES Meeting Date September 28, 2011
Report No. DS 2011 -038 Page 3 of 3
Page 73 of 156
10b) - Report No. DS2011 -038, Andria Leigh, Director of Deve...
/x- Ontario
Ministry of the Environment
Renewable Energy Approval
Consultation Form: municipalities, local authorities
ss. 18(2) Ontario Regulation 359/09
Ce formulaire est disponible en frantais
PART A: TO BE COMPLETED BY THE APPLICANT BEFORE SUBMITTING TO
MUNICIPALITY OR LOCAL AUTHORITY
Section 1 - Proiect Description
1.1 - Renewable Enemy Proiect
Project Name (Project identifier to be used as a reference in correspondence)
RE Orillia 1 Solar Project
Proiect Location
Same as Applicant Physical Address? D Yes E] No (If no, please provide site address information below)
Civic Address- Street information (includes street number. name, type and direction)
Unit Identifier (i.e. apartment number)
1599 Line 13 North, Hawkestone
Survey Address (Not required
Lot and Conc.:
used to indicate location
and consists of a lot number
Lot
if Street Information is pro
within a subdivided township
and a concession
Conc.
I
sided)
Part and Reference:
used to indicate location within unorganized territory,
number indicating the location within that plan. Attach
Parl
and consists of a part and a reference plan
copy of the plan. number.
Reference Plan
Location Information includes any additional information to clarify physicallocation)(e.g. municipality, ward/ township)
Township of Oro - Medonte, Simcoe County
Geo Reference (es. southwest comer of prope
)
Map Datum
Zone
Accuracy Estimate
Geo Referencing Methoc
UTM Eastinq
UTM Northing
Project Phasing (outline construction, operation and decommissioning activities)
Construction — Construction of access roads, laydown area preparation, installation of underground cabling, construction of foundations
and substructures for arrays, construction of concrete pad for transformer station and inverter, erection of a 44 kV distribution connection
from the facility to the connection point, and site restoration of disturbed areas. Fencing and security lighting to be installed. Constructio
duration 6 to 10 months
Operation — Operation and maintenance of solar panels, including occasional cleaning with water, and associated infrastructure. No wast
produced. Estimated COD January 2012
Decommissioning — removal of all project infrastructure and site restoration of
disturbed areas, after 30 years of service
1.2 Environmental Context
Describe any negative environmental effects that may result from engaging in the project (consider construction, operation and
decommissioning activities.)
Environmental effects that may occur from this project include, but are not limited to:
- erosion and sedimentation into adjacent watercourses and natural areas
- removal of some natural vegetation and tree species
- disturbance of local wildlife and some loss of habitat
- noise emissions from transformers
Propose early avoidance/prevention /mitigation concepts and measures.
- Standard sediment/erosion control measures will be used on site
- Impacts to areas of natural vegetation will be minimized where possible
- No construction to occur within at least 30 m of the high water mark of a water body, including groundwater discharge zone
- A spill clean -up procedure /emergency response plan will be developed for the site by the construction contractor
Noi3c 3tudic3 carricd out in ordcr to cniurc no impact on rcccptor3; noiac barricra will be inatallcd
Page 74 of 156
10b) - Report No. DS2011 -038, Andria Leigh, Director of Deve...
Page 75 of 156
1.3 - Renewable Energy Generation Facility
Type of Facility / Operation (select all that apply & complete all appropriate sections)
❑
❑
❑
El
Wind Facility (Land Based)
®❑®❑
Biotuel Facility
Wind Facility (Off- Shore)
Solar Photo Voltaic Facility
Biogas Facility (Anaerobic Digesters)
Other Describe :
Biomass Facility (Thermal Treatment)
Class (if applicable) : 3
Nine Plate Cenanity
Fxpented Generation
Service Area
Thin! Area of Site lhvrtwrest
10 MW
11.789 0E0 kWh in first year
Orillia Transformer Station
25
Provide a description of the facilities equipment or technology that will be used to convert the renewable energy source or any other energy
source to electricity.
Solar photovoltaic panels will be installed on the site to convert solar energy into electricity. The exact panels to be used remain to be
determined.
DC electricity generated from the PV panels is converted in AC electricity by an inverter. The inverter steps up electricity to distribution
level voltages by a series of transformers
1.4 - Renewable Enerav Generation Activities
Describe the activities that will be engaged in as part of the renewable energy project
The facility will operate 365 days per year, when sufficient solar radiation exists to generate electricity. Typical electricity generation
begins shortly after sunrise and stops shortly before sunset. Operation is remotely monitored. The facility requires periodic visits
for maintenance during the operation phase, such as checking and replacing worn parts, checking electrical connections and
cleaning panels.
Section 2 - Supporting Documents
Date available to Municipal
2.1 - Requirement
or Local Authority Contact
Name of Draft documents distributed for consultation
DRAFT Project Description Report
Draft Project Description Report
March 2, 2010
DRAFT Design and Operations Report
Draft Design and Operations Report
May 13, 2011
DRAFT Construction Plan Report
Draft Construction Plan Report
May 13, 2011
DRAFT Decommissioning Plan Report
Draft Decommissioning Plan Report
May 13, 2011
List of other Documents
Draft Natural Heritage Assessment
May 13, 2011
Draft Water Body Assessment
May 13, 2011
Draft Executive Summary
May 13, 2011
Draft Noise Assessment Study
May 13, 2011
Draft Stage 1 -2 Archaeological Assessment Report
May 13, 2011
Pn, J of
Page 75 of 156
10b) - Report No. DS2011 -038, Andria Leigh, Director of Deve...
Location where written draft reports can be obtained for public inspection (physical location for viewing and the applicants project website if one is available):
A copy of the reports will be made available on the applicant's website (www.ontariosolarfuture.ca). Copies will
be made available for public inspection at the local municipal office A hard copy of the reports will also be
pruvided to the murlit.ipolity fur ieview
Section 3 - Applicant Address and Contact Information
3.1 - Applicant Information (Owner of project/facility)
Applicant Name (legal name of individual or organization as evidenced by legal documents)
RE Orillia 1 ULC
Business Identification Number
1809989
Business Name (the name under which the entity is operating or trading - also referred to as trade name) same as Applicant Name
Civic Address- Street information (includes street number, name, type and direction) I
c/o Recurrent Energy LLC, 300 California St., 8`" FI.
Unit Identifier (i.e. apartment number)
Survey Address (Not required
Lot and Conc.:
used to indicate location within
consists of a lot number and
Lot
if Street Information is provided)
a subdivided township
a concession number.
Conc.
I
Part and Reference:
used to indicate location within an unsubdivided township
part and a reference plan number indicating the location within
Pan
or unsurveyed territory, and consists of a and
that plan. Attach copy of the plan.
Reference Plan
Municipality
San Francisco
County /District
1
Province/State
I California
Country Postal Code
( United States 1 94104
Page 3 of 6
Page 76 of 156
10b) - Report No. DS2011 -038, Andria Leigh, Director of Deve...
PART B: TO BE COMPLETED BY THE MUNICIPALITY OR LOCAL AUTHORITY
Section 4 - Municipal or Local Authority Contact Information (check the one that applies)
Local Municipality (include
Name of
Municipality
Township of Oro-
Medonte
each local municipality in
Address
itta 1...0.,E -7 Sot -+ +N
which project location is situated)
Phone
—70S-4 gi_.2l -11
Clerks Name
Do;A& -U 1iLw1A)
■ Yes • No
Clerk's Phone/Fax
E -Mail Address
o.(:r,.,firs 0 ®ro-
r-,,�l.on-ie . t�
Upper Tier Municipalrty
Name of
Municipality
(include each upper tier m
Address
icipality in which project I
Phone
cation is situated)
Clerks name
• •
Yes
Clerks Phone/Fax
No
E -Mail Address
Local roads area (include
Name of local
roads board
each local roads area in
Address
ich project location is situ
Phone
led)
Secretary- treasurer's
Name
■ •
Yes
Secretary- treasurer's
Phone/Fax
No
E -Mail Address
Board Area (include each
Name of Local
Service Board
board area in which projec
Address
location is situated)
Phone
Secretary's name
• •
Yes
Secretarys
Phone/Fax
No
E -Mail Address
Section 5: Consultation Requirement
5.1 - Project Location
Provide comment on the project location with respect to infrastructure and servicing.
Project is located on a year round maintained hard surface Township road.
5.2 - rroject moms
Provide comment on the proposed project's plans respecting proposed road access.
Current proposal only identifies one access to site, second access required for emergency
purposes. Roads to be constructed to standard acceptable to Township for emergency
vehicle purposes. Entrance permit to be obtained from Township for construction.
Identify any issues and provide recommendations with respect to road access
Second access to be provided within site. Internal gravel road to be constructed to
Township satisfaction with minimum width of 10 feet. Entrance Permit required for
both access points. Wide load permit required from applicable authorities
(Township and County) during construction.
Provide comment on any proposed Traffic Management Plans
10 -20 trucks per day during construction, proponent to work with
Township to address impacts to Township in Traffic Management
Plan
Identify any issues and provide recommendations with respect to the proposed Traffic Management Plans
Two access required to proposed solar project. Requirement for traffic plan for exitinq roads during.'
construction an re ui a adith . n o sip in relation to potentia roa amage nun g construction
phase anticipated t be 6 -10 mnths duration.
Page 77 of 156
10b) - Report No. DS2011 -038, Andria Leigh, Director of Deve...
Page 78 of 156
5.3 - Municipal or Local authority Service Connections
Provide comment on the proposed project plans related to the location of and type of municipal service connections, other than roads.
Identify any issues and provide recommendations with respect to the type of municipal service connections, other than roads.
Township requires lock box at entrance for Fire and Emergency Services Department to obtain access to site in event of
emergency, given the site is secured and unmanned.
5.4 - Facility Other
Iripntify any icci ipc anri rprnmmpnrlatinnc with rPcpprt to the prnpncprl lanricrapin0 ripcirio fnr the facility
Landscape and buffering required to be provided to Township's satisfaction along Line 13 North frontage of
project to ensure visual protection to neighbouring properties. Fencing along perimeter may require Township
permit as proposed height which exceeds 1.8 metres (5.9 feet). Requirement for all lighting for security
to be dc3igncd to impact
purpo..c3 rcficct within 3itc and minimize potential on ncigheouring propertico
Previa. cfunment -en tha- prapo�eri_prejArJ plancfnr-amergPary management proved. irns / saf'iy
prnterds
Emergency management plan to be drafted and approved by Township's Fire and Emergency Services
Department including requirement for training of volunteers fire personnel. Township will require further
consultation at the time of Building Permit submission. Requirement for emergency plans for both the
construction period and also once operations commence.
Identify any issues and recommendations with respect to the proposed emergency management procedures / safety protocols.
Same comments as noted above.
Identify any issues and recommendations with respect to any Easements or Restrictive Covenants associated with the Project Location
Confirm in the current legal description the "S/T execution 93- 02351, if applicable" and "S/T execution 99- 00491, if applicable"
5.5 Protect Construction
Identify any issues and recommendations with respect to the proposed rehabilitation of any temporary disturbance areas and any municipal
or local authority infrastructure that could be damaged during construction.
Potential for road damage at time of construction; Township Transportation and
Environmental Services Department requires agreement with proponent to
address potential road damage prior to construction commencing.
Identify any issues and recommendations with respect to the proposed location of fire hydrants and connections to existing
drainage, water works and sanitary sewers
Confirmation required of Stormwater management
measures to be implemented and identification of
location of drainage swales within site. Identification of
sediment and erosion control plan prior to
commencement of construction.
Identify any issues and recommendations with respect to the proposed location of buried kiosks and above -grade utility vaults
May be requirement for noise reduction measures, to be verified upon commencement of operations.
Page 78 of 156
10b) - Report No. DS2011 -038, Andria Leigh, Director of Deve...
Identify any issues and recommendations with respect to the proposed location of existing and proposed gas and electricity lines
and connections
3 phase line to be
constructed to transformer
station on site.
Provide comment on the proposed project plans with respect to Building Code permits and licenses.
Project will require building permits for transformer station. Entrance and wide load permits also required
as noted above.
Identify any issues and recommendations related to the identification of any significant natural features and water bodies within the
municipality or territory.
Erosion and sediment control measures to be implemented prior to construction commencing. Tree removal to be restricted during
breeding /rearing season for potential species at risk bird and reptile species, if found on site by qualified biologist. Nottawasaga Valley
Conservation Authority comments dated September 12, 2011 to be addressed to satisfaction of Township. Mitigation recommendations
identified in Natural Heritage Impact Study to be implemented during development.
Identify any issues and recommendations related to the identification any archaeological resource or heritage resource.
No archaeological sites determined to be present on site through completion of Stage 1 -2 assessment report.
Page 79 of 156
10b) - Report No. DS2011 -038, Andria Leigh, Director of Deve...
PSo\
` NIL
007
Fs�
f960-20‘°
September 12,2011
Recurrent Energy
214 King Street West, Suite 402
Toronto, ON M5H 3SG
Attn: Aman Maharaj
RECEIVED
SEP 1 6 2011
ORO- (MELON T'E
TOWNSHIP
Re: Recurrent Energy Orillia 1 Solar Project, 1599 Line 13 North
Part of Lot 7, Concession 14 Line 13 North
Member Township of Oro Medonte (Oro)
Municipalities NVCA staff has received the proposal to develop a 10 megawatt solar photovoltaic
Adiala•Tosorontio facility on the subject lands. The panels are stationary and tilted to the south. The
Amaranth subject property includes a forested area, and the adjacent lands host a tributary of
Bass Lake, a Provincially Significant wetland, and an associated seepage area.
Barrie
The Blue Mountains Ontario Regulation 172/06
Bradford -West cwmimbun A small portion of the property is regulated pursuant to Ontario Regulation 172/06,
the Authority's Development, Interference with Wetlands and Alterations to
Clearview Shorelines and Watercourses Regulation due to proximity to a wetland. Permits are
rollingwox1 required from NVCA prior to construction or grading on regulated portions of this
ESSJ property. Figure 1 in the Draft Executive Summary shows the proposed
Grey Highlands construction area, which is outside of the regulated area. Please note that the text of
Ontario Regulation 172/06 overrides the mapping. In addition a portion of the
Inrush' property falls within the Lake Simcoe Region Conservation Authority watershed.
Meiancthon
Moon The regulation mapping for the property has not been field verified. NVCA staff
request the opportunity to visit the site to ver fy the field mapping.
Mulmur
NewTecumeeth The following comments are based on the current mapping. If the mapping is
Orr,- Medonte correct, the proposed construction area is outside of the regulated area, and under
Shelburne current legislation, the following comments should be taken under advisement as
recommendations.
5pringwater
Wasaga Beach Comments
Page 11 of the Draft Natural Heritage EIS states that water extracted on site will not
Watershed exceed 45,000 litres per day. Page 13 indicates that it is estimated that
Counties approximately 25,700 litres of water over a 4 to -5 day period three times per year
will be required to clean the panels. Page 11 of the Draft Waterbodes EIS
Dufferin indicates that the amount of water required per day will be 10,000 Litres. Please
Grev provide further information on this matter.
Simcoe Page 14 of the Draft Waterbodies EIS indicates that the water flows off site and
enters a woodlot and dissipates into the `swampy environment'. Has this site been
investigated for unmapped wetlands?
Member of
Conservation
ONTARIO
Celebrating 50 Years in Conservation 1960 -2010
NOTTAWASAGA VALLEY CONSERVATION AUTHORITY Centre for Conservation
John Hix Conservation Administration Centre Tiffin Conservation Area 8195 8th Line q aai9N..OM 1TO
Telephone: 705.424.1479 Fax: 705.424.2115 Web: www.nvca.on.ca Email: adminenvca.on.ca
Page 80 of 156
10b) - Report No. DS2011 -038, Andria Leigh, Director of Deve...
September 12, 2011
Re: Oriilia 1 Solar Project
Part of Lot 7, Concession 14 Line 13 North
Township of Oro Medonte (Oro)
Page 14 of the Draft Waterbodies EIS indicates that ditching and cross culverts will serve to
concentrate site runoff at discharge points on to the adjacent undisturbed agricultural fields
and toward the roadside ditch or into the woodlot, but Table 5.1 does not include the possible
impacts to groundwater from a change to surface hydrology. Please discuss the possible
relationship between surface hydrology changes and impacts to the wetland and seepage area.
Page 14 of the Draft Negative Environmental Effects, Mitigation Measures and
Environmental Effects Monitoring Plan mentions that the well water will be used for dust
reduction on the roads, and that there is a potential for short term localized lowering of the
groundwater table, but significant changes are not anticipated to occur. The report does not
provide any information on how this conclusion was reached. Is there additional information
such as the location of the well, local geology, information from a pump test, and plans for
ditching that could be provided?
The restoration plans include re- vegetation of all disturbed areas with natural grasses (etc.).
Due to the proximity of the site to the wetland and forest, NVCA recommends 100% native,
non - invasive vegetation in the reseeding areas for the entire property, especially the 120m
wetland buffer and significant forest/valleylands. Please provide a planting list. In addition
Regarding the re- vegetation of the swales, NVCA staff recommends that a meadow niix be
used in place of standard hydroseeding to provide for enhanced water quality control.
The report indicates that the proposed development will increase flows to neighbouring
properties by 6 %. NVCA engineering staff requires that post to pre quantity controls be
provided for development in the watershed. As well, based on the reports it appears as
though there will be an increase in the volume of surface water to the Provincially Significant
Wetland This may impact the wetland and a comprehensive study of the location of the
discharge of this additional water into the wetland and what may be impacted should be
provided.
A detailed drainage plan was not provided and there is no defined outlet indicated. NVCA
recommends the landowner provide written confirmation from adjacent landowners
(including the municipality) so that common law drainage problems do not occur in the
future.
We trust this is of assistance. If you have questions or concerns, please do not hesitate to
contact the undersigned.
Regards,
CL�
Patti Young, MC1P, zte
Senior Planner
KN/IO/PY
cc: ' ri cf'Oro=Medonte- -0:
Ministry of Natural Resources Attn: Whitney Moore
Ministry of Environment Attn: Narren Santos, EA and Approvals Branch, Narren.santos@ontario.ca
Lake Simcoe'Region Conservation Authority
Page 2 of 2
Page 81 of 156
10b) - Report No. DS2011 -038, Andria Leigh, Director of Deve...
/A- Ontario
Ministry of the Environment
Renewable Energy Approval
Consultation Form: municipalities, local authorities
ss. 18(2) Ontario Regulation 359/09
Ce form ulaire est disponible en frangais
PART A: TO BE COMPLETED BY THE APPLICANT BEFORE SUBMITTING TO
MUNICIPALITY OR LOCAL AUTHORITY
1.1 - Renewable Energy Project
Section 1 - Project Description
Project Name (Project identifier to be used as a reference in correspondence)
RE Orillia 3 Solar Project
Project Location
Same as Applicant Physical Address? Yes M No (If no, please provide site address information below)
Civic Address- Street information (includes street number, name, type and direction)
Unit Identifier (i.e. apartment number)
1683 Line 13 North, Hawkestone
Survey Address (Not required
Lot and Conc.:
used to indicate location
and consists of a lot number
Lot
if Street Information is pro
within a subdivided township
and a concession
Conc.
I
ided)
Part and Reference:
used to indicate location within unorganized territory,
number indicating the location within that plan. Attach
Part
and consists of a part and a reference plan
copy of the plan. number.
Reference Plan
Location Information ( ncludes any additional information to clarify physical location)(e.g. municipality, ward/ township)
Township of Oro - Medonte, Simcoe County
Geo Reference (e q. southwest comer of property)
Map Datum
Zone
Accuracy Estimate
Geo Referencing Methoc
UTM Eastinq
UTM Northing
Project Phasing (outline construction, operation and decommissioning activities)
Construction — Construction of access roads, laydown area preparation, installation of underground cabling, construction of foundations
and substructures for arrays, construction of concrete pad for transformer station and inverter, erection of a 44 kV distribution connection
from the facility to the connection point, and site restoration of disturbed areas. Fencing and security lighting to be installed. Constructio
duration 6 to 10 months
Operation — Operation and maintenance of solar panels, including occasional cleaning with water, and associated infrastructure. No wast
produced. Estimated COD February 2012
Decommissioning — removal of all project infrastructure and site restoration of
disturbed areas, after 30 years of service
1.2 Environmental Context
Describe any negative environmental effects that may result from engaging in the project (consider construction, operation and
decommissioning activities.)
Environmental effects that may occur from this project include, but are not limited to:
- erosion and sedimentation into adjacent watercourses and natural areas
- removal of some natural vegetation and tree species
- disturbance of local wildlife and some loss of habitat
- noise emissions from transformers
Propose early avoidance/prevention /mitigation concepts and measures.
- Standard sediment /erosion control measures will be used on site
- Impacts to areas of natural vegetation will be minimized where possible
- No construction to occur within at least 30 m of the high water mark of a water body, including a groundwater discharge zone
- A spill clean -up procedure /emergency response plan will be developed for the site by the construction contractor
✓
l.anlcu wl u1 vlucl w rn]u1C nu n!pat_ un 1 l.JWI], IIVI]C Ual11Cl5 vv111 UC 111]td 1tC
1
Page 82 of 156
10b) - Report No. DS2011 -038, Andria Leigh, Director of Deve...
Page 83 of 156
I E
1.3 - Renewable Energy Generation Facility
Type of Facility / Operation (select all that apply & complete all appropriate sections)
❑
❑
❑
M
Wind Facility (Land Based)
❑
tal
M
M
Biofuel Facility
Wind Facility (Off- Shore)
Solar Photo Voltaic Facility
Biogas Facility (Anaerobic Digesters)
Other Describe :
Biomass Facility (Thermal Treatment)
Class (if applicable) : 3
Name Plata Capacity
Fxpected Gen aratinn
Service Area
Total Ama of Site thartar c)
6.5 MW
9 220.259 kWh in first year
Orillia Transformer Station
15
Provide a description of the facilities equipment or technology that will be used to convert the renewable energy source or any other energy
source to electricity.
Solar photovoltaic panels will be installed on the site to convert solar energy into electricity. The exact panels to be used remain to be
determined.
DC electricity generated from the PV panels is converted in AC electricity by an inverter. The inverter steps up electricity to distribution
level voltages by a series of transformers
1.4 - Renewable Enerav Generation Activities
Describe the activities that will be engaged in as part of the renewable energy project
The facility will operate 365 days per year, when sufficient solar radiation exists to generate electricity. Typical electricity generation
begins shortly after sunrise and stops shortly before sunset. Operation is remotely monitored. The facility requires periodic visits
for maintenance during the operation phase, such as checking and replacing worn parts, checking electrical connections and
cleaning panels.
Section 2 - Supporting Documents
Date available to Municipal
2.1 - Requirement
or Local Authority Contact
Name of Draft documents distributed for consultation
DRAFT Project Description Report
Draft Project Description Report
March 2, 2010
DRAFT Design and Operations Report
Draft Design and Operations Report
May 13, 2011
DRAFT Construction Plan Report
Draft Construction Plan Report
May 13, 2011
DRAFT Decommissioning Plan Report
Draft Decommissioning Plan Report
May 13, 2011
List of other Documents
Draft Natural Heritage Assessment
May 13, 2011
Draft Water Body Assessment
May 13, 2011
Draft Executive Summary
May 13, 2011
Draft Noise Assessment Study
May 13, 2011
Draft Stage 1 -2 Archaeological Assessment Report
May 13, 2011
Page 2 of 6
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10b) - Report No. DS2011 -038, Andria Leigh, Director of Deve...
Location where written draft reports can be obtained for public inspection (physical location for viewing and the applicants project website if one is available):
A copy of the reports will be made available on the applicant's website (www.ontariosolarfuture.ca). Copies will
be made available for public inspection at the municipal office. A hard copy of the reports will also be provided
lu the inuriicipalily fur review.
Section 3 - Applicant Address and Contact Information
3.1 - Applicant Information (Owner of project/facility)
Applicant Name (legal name of individual or organization as evidenced by legal documents)
Business Identification Number
RE Orillia 3 ULC
1809991
Business Name (the name under which the entity is operating or trading - also referred to as trade name) II same as Applicant Name
Civic Address- Street information (includes street number, name, type and direction)
Unit Identifier (i.e. apartment number)
c/o Recurrent Energy LLC, 300 California St., 8m Fl.
Survey Address (Not required if Street Information is provided)
Lot and Conc.:
Part and Reference:
used to indicate location within a subdivided township
used to indicate location within an unsubdivided township or unsurveyed territory, and consists of a and
consists of a lot number and a concession number.
part and a reference plan number indicating the location within that plan. Attach copy of the plan.
Lot
Conc.
Part
Reference Plan
1
1
Municipality County/District Province/State Country Postal Code
San Francisco
1
( California
United States
( 94104
Page 3 of 6
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10b) - Report No. DS2011 -038, Andria Leigh, Director of Deve...
PART B: TO BE COMPLETED BY THE MUNICIPALITY OR LOCAL AUTHORITY
Section 4 - Municipal or Local Authority Contact Information (check the one that applies)
Local Municipality (include
Name of
Municipality
Township of Oro -
Medonte
each local municipality in
Address
which project location is situated)
Phone
Clerks Name
• Yes
Clerk's Phone /Fax
• No
E -Mail Address
Upper Tier Municipality
Name of
Municipality
(include each upper tier municipality
Address
in which project location
Phone
is situated)
Clerks name
Yes
Clerks Phone/Fix
n No
Eilail Address
Local roads area (include
Name of local
roads board
each local roads area in which
Address
project location is situated)
Phone
Secretary - treasurer's
Name
• Yes
Secretary- treasurer's
Phone /Fax
n No
E:Mail Address
Board Area (include each
Name of Local
Service Board
board area in which project
Address
location is situated)
Phone
Secretarys name
• Yes
Secretaryls
Phone /Fax
nn No
Env ail Address
Section 5: Consultation Requirement
5.1 - Project Location
Provide comment on the project location with respect to infrastructure and servicing.
Project is located on a year round maintained hard surface Township road.
5.2 - Prolect Roads
Provide comment on the proposed project's plans respecting proposed road access.
tor be proposal only identified one access to the site, second access required
or emergencyurposes. Internal roads to e constructed to standard
acceptable to Township for emergency vehicle purposes. Entrance permit(s) to
be obtained from Township prior to construction.
Identify any issues and provide recommendations with respect to road access
Second access to be provided within site. Internal gravel road to be
constructed to Township satisfaction with minimum width of 10 feet.
Entrance permit(s) required for access points. Wide load permit required
from applicable authorities (Township and County) during construction.
Provide comment on any propos-amMc-Management Plans
Up to 20 trucks per day during construction period,
proponent to work with Township to address impacts to
Township in Traffic Management Plan.
Identify any issues and provide recommendations with respect to the proposed Traffic Management Plans
Two access oints required to. ro o ed solar roiect.. Regir ent fartraffic plan for existing
roadsa curntct ianttet t otitr on to potential
daam during construction perod anticipated' o t b -1 mnsuatiion
Page 85 of 156
10b) - Report No. DS2011 -038, Andria Leigh, Director of Deve...
Page 86 of 156
5.3 - Municipal or Local authority Service Connections
Provide comment on the proposed project plans related to the location of and type of municipal service connections, other than roads.
Identify any issues and provide recommendations with respect to the type of municipal service connections, other than roads.
Township requires lock box at entrance for Fire and Emergency Services Department to obtain access to the site in the event of
emergency, given the site is secured and unmanned once in operation.
e.4 - Facility Other
Identify any issues and recommendations with respect to the proposed landscaping design for the facility
Landscaping and buffering to be provided to Township's satisfaction along Line 13 North to ensure protection of
neighbouring properties. Fencing along perimeter of project may require Township permit as proposed height
exceeds 1.8 metres (5.9 feet). Township requirement for all lighting for security purposes to be designed to reflect
within the project site and minimize potential impacts on neighbouringproperties.
Provide comment on the proposed project plans for emergency management procedures / safety protocols.
Emergency Management Plan to be drafted and approved by Township's Fire and Emergency Services
Department including requirements for training of volunteer fire personnel, prior to commencement of
construction. Township will require further consultation at the time of building permit submission.
Emergency plans to be developed for construction and operation phases.
Identify any issues and recommendations with respect to the proposed emergency management procedures / safety protocols.
Same comments as noted above.
Identify any issues and recommendations with respect to any Easements or Restrictive Covenants associated with the Project Location
Confirm in the current legal description the "S/T execution 93- 02351, if enforceable"
5.5 Project Construction
Identify any issues and recommendations with respect to the proposed rehabilitation of any temporary disturbance areas and any municipal
or local authority infrastructure that could be damaged during construction.
Potential for road damage during construction phase; Township Transportation
and Environmental Services Department require agreement with proponent to
address potential road damage prior to construction phase commencing.
Identify any issues and recommendations with respect to the proposed location of fire hydrants and connections to existing
drainage, water works and sanitary sewers
Confirmation required of Stormwater management
measures to be implemented and identification of
location of drainage swales within site. Identification of
sediment and erosion control plan prior to
commcnccmcnt of construction. See NVCA Icttcr dotcd
September 13, 2011
Identify any issues and recommendations with respect to the proposed location of buried kiosks and above -grade utility vaults
May be requirement for noise reduction measures, to be verified upon commencement of operations.
Page 86 of 156
10b) - Report No. DS2011 -038, Andria Leigh, Director of Deve...
Identify any issues and recommendations with respect to the proposed location of existing and proposed gas and electricity lines
and connections
3 phase line to be
constructed to Transformer
station on site.
Provide comment on the proposed project plans with respect to Building Code permits and licenses.
Project will require building permits for transformer station. Permit may be required for fencing,
depending on height. Entrance and wide load permits also required from applicable authorities.
Identify any issues and recommendations related to the identification of any significant natural features and water bodies within the
municipality or territory.
Erosion and sediment control measures to be implemented prior to construction commencing. Tree removal to be restricted during
breeding /rearing season for potential species at risk bird and reptile species, if found on site by qualified biologist. Nottawasaga Valley
Conservation Authority comments dated September 13, 2011 to be addressed to satisfaction of Township. Mitigation recommendations
identified in Natural Heritage Impact Study to be implemented during development.
Identify any issues and recommendations related to the identification any archaeological resource or heritage resource.
No archaeological sites determined to be present on site through completion of Stage 1 -2 assessment report.
Page 87 of 156
10b) - Report No. DS2011 -038, Andria Leigh, Director of Deve...
Member
Municipalities
Adjata- Tosorontio
Amaranth
Barrie
The Blue Mountains
Bradford -West Gwllimbury
Clearview
Collingwood
Esse
Grey Highlands
trinisfil
Melanethon
Mono
Mulrnur
NewTecumseth
Oto- Medonte
Shelburne
Springwater
Wasaga Beach
Watershed
Counties
Dufferin
Grey
Simcoe
Member of
6.4„
Conservation
ONTARIO
Newer(Champion§
September 13, 2011
Recurrent Energy
214 King Street West, Suite 402
Toronto, ON M5H 3SG
Attn: Aman Maharaj
SEP 1 9 2011
OR- MEDONT
TOWNSHIP
Re: Recurrent Energy Orillia 3 Solar Project, 1683 Line 13 North
Part of Lot 7, Concession 14 Line 13 North
Township of Oro Medonte (Oro).
NVCA staff has received the proposal to develop a 6.5 megawatt solar photovoltaic
facility on the subject lands. The panels are static) ary and tilted to the south. The
subject property includes a forested area, a seepage area, Provincially significant
wetland, other mapped wetlands and a tributary of Bass Lake. NVCA staff has
provided comments on a similar proposal on the property immediately to the south.
Ontario Regulation 172/06
The property is partially regulated pursuant to Ontario Regulation 172/06, the
Authority's Development, Interference with Wetlands and Alterations to Shorelines
and Watercourses Regulation due to the property hosting a Provincially Significant
Wetland, other wetlands, a watercourse and associated hazards such as flooding.
Work is proposed within a small part of the regulated area Permits are required
from NVCA prior to construction or grading on regulated portions of this property.
Figure 1 in the Draft Executive Summary shows the proposed construction area,
which is partially within the regulated area. Please note that the text of Ontario
Regulation 172/06 overrides the mapping.
The regulation mapping for the property has not been field verified NVCA staff
request the opportunity to visit the site to verify the field mapping
Comments
While NVCA staff understands the Ministry of Natural Resources reviews
information on species at risk for Green Energy Act applications, by copy of this
letter to the MNR, it is noted that on page 15 of the Draft Waterbodies EIS report
states that the property is used for a hay crop, which has been linked to boblink
habitat.
The restoration plans include re- vegetation of all disturbed areas with natural.
grasses (etc.). Due to the proximity of the site to the wetland and forest, NVCA.
recommends 100% native, non-invasive vegetation in the reseeding areas for the
entire property, especially the 120m wetland buffer and significant
forest/valleylands. Please provide a planting list. In addition regarding the re-
vegetation of the swales, NVCA staff recommends that $. meadow mix be used in .
place of standard hydroseeding to provide for enhanced water quality control.
Celebrating, 50 Years in Conservation 1960 -2010
NOT€AWASAGA VALLEY CONSERVATION AUTHORITY Centre for Conservation
John Hix Conservation Administration Centre Tiffin Conservation Area 0195 Rh Line IR0 /815g0M 1TO
Telephone: 705.424.1479 Fax: 705.424.2115 Web: www.nvca.on.ca Email: adminaInvca.on.ca
Page 88 of 156
10b) - Report No. DS2011 -038, Andria Leigh, Director of Deve...
September 13, 2011
Re: Recurrent Energy Orillia 3 Solar Project, 1683 Line 13 North
Part of Lot 7, Concession 14 Line. 13 North
Township of OroMedonte (Oro)
Page 14 of the Draft Waterbodies EIS indicates that ditching and cross culverts will serve to
concentrate site runoff at discharge points on to the adjacent undisturbed agricultural fields
and toward the roadside ditch or into the woodlot, but Table 5.1 does not include the possible
impacts to groundwater from a change to surface hydrology. Please discuss the possible
relationship between surface hydrology changes and impacts to the wetland and seepage area.
Page 23 of the Waterbodies Environmental Impact Study mentions that well water used for
construction may result in a localized decrease in the groundwater table around the well, but
is not anticipated to impact groundwater supplies. The report does not provide information
on how this conclusion was reached. Is there additional information such as the location of
the well, local geology, information from a pump test, and plans for ditching that could be
provided? Will there be impacts on the wetland or watercourse? Have the cumulative
impacts of the well on the property to the south (which hosts a similar application) been
assessed?
No quality control is proposed and the reports indicate that flows on neighbouring properties
will increase by 5 %. NVCA requires post to pre quantity control be provided for these sites.
No defined outlet is provided for the site and the reports state that all of the water will
infiltrate on adjacent properties including the wetland. NVCA requests the there be written
confirmation from adjacent landowners (including the municipality) be provided so that
common law drainage problems do not occur in the future.
Page 11 of the Draft Natural. Heritage EIS states that water extracted on site will not exceed
45,000 litres per day. Page 13 indicates that it is estimated that approximately 17,0000 litres
of water over a 3 to 4 day period three times per year will be required to clean the panels.
Please provide further information on this matter.
We trust this is of assistance. If you have questions or concerns, please do not hesitate to
contact the undersigned.
Regards,
• •
n' un
Patti ' our: , 1 ', RPP
Senior Planner
KN/1o/PY
cc: Township of Oro Mednnte
Ministry of Natural Resources Attn: Whitney Moore
Ministry of Environment Attn: Narren Santos, EA and Approvals Branch, Narren santos@ontario.ca
Lake Simcoe Region Conservation Authority
Page 2 of2
Page 89 of 156
10b) - Report No. DS2011 -038, Andria Leigh, Director of Deve...
Ontario
Ministry of the Environment
Renewable Energy Approval
Consultation Form: municipalities, local authorities
ss. 18(2) Ontario Regulation 359/09
Ce formulaire est disponible en francais
PART A: TO BE COMPLETED BY THE APPLICANT BEFORE SUBMITTING TO
MUNICIPALITY OR LOCAL AUTHORITY
Section 1 - Proiect Description
1.1 Renewable Enerav Proiect
Project Name (Project identifier to be used as a reference in correspondence)
RE Midhurst 3
Project Location
Same as Applicant Physical Address? Yes M No (If no, please provide site address information below)
civic Address- street Intormation includes street number name ••e and direction
Unit Identifier (t.e. apartment number)
217 Line 5 North, Oro Station, ON
Survey Address (Not required
Lot and Conc.:
used to indicate location
and consists of a lot number
Lot
if Street Information is provided)
within a subdivided township
and a concession
Conc.
Part and Reference:
used to indicate location within unorganized territory,
number indicating the location within that plan. Attach
Part
and consists of a part and a reference plan
copy of the plan. number.
Reference Plan
I
Location Information Includes any additional information to clanfy physical location)(e.g. municipality, ward/ township)
Township of Oro - Medonte, Simcoe County.
Geo Reference (e g. southwest comer of property)
Mao Uatum
Lone
Accuracy Estimate
Leo Reterencrna MethoC
U 1M Eastmq
U 1 M Nonhlnq
Proiect Phasin
•
outline construction o
•
eration and decommissionin. activities
Construction — Construction of access roads, laydown area preparation, installation of underground cabling, construction of foundations
and substructures for arrays, construction of concrete pad for transformer station and inverter, erection of a 44 -kV distribution connection
from the facility to the connection point, and site restoration of disturbed areas. Fencing and security lighting to be installed. Constructio
duration 6 to 10 months
Operation — Operation and maintenance of solar panels, including occasional cleaning with water, and associated infrastructure. No wast
produced. Estimated COD December 2012
Decommissioning — removal of all project infrastructure and site restoration of
disturbed areas, after 30 years of service
1.2 - Environmental Context
Describe any negative environmental effects that may result from engaging In the project (consider construction, operation and
decommissioning activities.)
Environmental effects that may occur from this project include, but are not limited to:
- erosion and sedimentation into adjacent watercourses and natural areas
- removal of some natural vegetation and tree species
- disturbance of local wildlife and some loss of habitat
- noise emissions from transformers
Propose early avoidance/prevention /mitigation concepts and measures.
- Standard sediment /erosion control measures will be used on site
- Impacts to areas of natural vegetation will be minimized where possible
- No construction to occur within at least 300 m of the high water mark of a watercourse
- A spill clean -up procedure /emergency response plan will be developed for the site by the construction contractor
- Noise studies carried out in order to ensure no impact on receptors; noise barriers will be installed
Page 90 of 156
10b) - Report No. DS2011 -038, Andria Leigh, Director of Deve...
Page 91 of 156
1.3 - Renewable Energy Generation Facility
Type of Facility / Operation (select all that apply & complete all appropriate sections)
❑❑❑❑
Wind Facility (Land Based)
U
LI
.
Biotuel Facility
Wind Facility (Off- Shore)
Solar Photo Voltaic Facility
Biogas Facility (Anaerobic Digesters)
Other Describe :
Biomass Facility (Thermal Treatment)
Class (if applicable) : 3
Name Plate Capacity
Fxpented Generation
SPrvire Area
Total Ares of Site rhPrtareS)
3.5 MW
4 740 901 kWh in first year
Midhurst Transformer
12
Provide a description of the facilities equipment or technology that will be used to convert the renewable energy source or any other energy
source to electricity.
Solar photovoltaic panels will be installed on the site to convert solar energy into electricity. The exact panels to be used remain to be
determined.
DC electricity generated from the PV panels is converted in AC electricity by an inverter. The inverter steps up electricity to distribution
level voltages by a series of transformers
1.4 - Renewable Enerav Generation Activities
Describe the activities that will be engaged in as part of the renewable energy project
The facility will operate 365 days per year, when sufficient solar radiation exists to generate electricity. Typical electricity generation
begins shortly after sunrise and stops shortly before sunset. Operation is remotely monitored. The facility requires periodic visits
for maintenance during the operation phase, such as checking and replacing worn parts, checking electrical connections and
cleaning panels.
Section 2 - Supporting Documents
Date available to Municipal
2.1 - Requirement
or Local Authority Contact
Name of Draft documents distributed for consultation
DRAFT Project Description Report
Draft Project Description Report
March 2, 2010
DRAFT Design and Operations Report
Draft Design and Operations Report
May 13, 2011
DRAFT Construction Plan Report
Draft Construction Plan Report
May 13, 2011
DRAFT Decommissioning Plan Report
Draft Decommissioning Plan Report
May 13, 2011
List of other Documents
Draft Natural Heritage Assessment
May 13, 2011
Draft Water Body Assessment
May 13, 2011
Draft Executive Summary
May 13, 2011
Draft Noise Assessment Study
May 13, 2011
Draft Stage 1 -2 Archaeological Assessment Report
May 13, 2011
Page 2of 6
Page 91 of 156
10b) - Report No. DS2011 -038, Andria Leigh, Director of Deve...
rniinn .uhnrn wriHnn eirnft .en,,.,cr,., hn ..hini..ed ftsr_r thric inepe..tip., ("yc;' - -' Ind*, fn. it:ew i a ^fl 'he "rp' .a.,.�,�e... web='t if ope ie a��iIa6,e).
A copy of the reports will be made available on the applicant's website (www.ontariosolarfuture.ca). Copies will be made available for
public inspection at the local municipal office. A hard copy of the reports will also be provided to the municipality for their review.
Section 3 - Applicant Address and Contact Information
3.1 - Applicant Information (Owner of project/facility)
Applicant Name (legal name of individual or organization as evidenced by legal documents) Business Identification Number
RE Midhurst 3 ULC
Business Name (the name under which the entity is overatina or tradina - also referred to as trade name) X
1811604
�a „c a, Ar Nfcdnl N� G
❑
Civic Address- Street information (includes street number, name, type and direction) Unit Identifier (i.e. aoartment number)
c/o Recurrent Energy LLC, 300 California St., 8ih FI.
Survey Address (Not required if Street Information is provided)
Lot and Conc.:
used to indicate location within
consists of a lot number and
Lot
Municipality I
a subdivided township
a concession number.
Conc.
County/District
Part and Reference:
used to indicate location within an unsubdivided township
part and a reference plan number Indicating the location within
Part
Province/State Country
or unsurveyed territory, and consists of a and
that plan. Attach copy of the plan.
Reference Plan
I Postal Code
San Francisco
I I
California
I United States 1 94104
Page 3 of 6
Page 92 of 156
10b) - Report No. DS2011 -038, Andria Leigh, Director of Deve...
PART B: TO BE COMPLETED BY THE MUNICIPALITY OR LOCAL AUTHORITY
Section 4 - Municipal or Local Authority Contact Information (check the one that applies)
Local Municipality (include
Name of
Municipality
each local municipality in which project location is situated)
• Yes • No
Address
Phone
Clerk's Name
Clerk's Phone /Fax
E -Mail Address
Upper Tier Municipality
Name of
Municipality
(include each upper tier municipality
Address
in which project location
Phone
is situated)
Clerk's name
• Yes
Clerk's Phone /Fax
• No
E -Mail Address
Local roads area (include
Name of local
roads board
each local roads area in which project location is situated) • Yes • No
Address
Phone
Secretary- treasurer's
Name
Secretary- treasurers
Phone/Fax
E -Mail Address
Board Area (include each
Name of Local
Service Board
board area in which project
Address
location is situated)
Phone
Secretary's name
• Yes
Secretarys
Phone /Fax
• No
E -Mail Address
Section 5: Consultation Requirement
5.1 - Project Location
Provide comment on the project location with respect to infrastructure and servicing.
Project is located on a year round maintained hard surface Township road.
5.2 - Proiect Roads
Provide comment on the proposed project's plans respecting proposed road access.
Current proposal only identifies one access to site, second access required for emergency
purposes. Roads to be constructed to standard acceptable to Township for emergency
vehicle purposes. Entrance permit to be obtained from Township for construction.
Identify any issues and provide recommendations with respect to road access
Second access to be provided within site. Internal gravel road to be constructed to
Township satisfaction with minimum width of 10 feet. Entrance Permit required for
both access points. Wide load permit required from applicable authorities
(Township and County) during construction.
Provide comment on any proposed Traffic Management Plans
Up to 20 trucks per day during construction, proponent to work with
Township to address impacts to Township in Traffic Management
Plan.
Identify any issues and provide recommendations with respect to the proposed Traffic Management Plans
Two access points required to proposed solar project. Requirement for traffic plan for existing roads during
construction and agreement required with Township in relation to potential road damage during construction
phase anticipated to be 6 -10 months duration.
Page 93 of 156
10b) - Report No. DS2011 -038, Andria Leigh, Director of Deve...
Page 94 of 156
5.3 - Municipal or Local authority Service Connections
Provide comment on the proposed project plans related to the location of and type of municipal service connections, other than roads.
Identify any issues and provide recommendations with respect to the type of municipal service connections, other than roads.
Township requires lock box at entrance for Fire and Emergency Services Department to obtain access to site in event of
emergency, given the site is secured and unmanned.
5.4 - fcc Lty Othcr
Identify any issues and recommendations with respect to the proposed landscaping design for the facility
Landscape and buffering required to be provided to Township's satisfaction along Line 13 North frontage of
project to ensure visual protection to neighbouring properties. Fencing along perimeter may require Township
permit as proposed height which exceeds 1.8 metres (5.9 feet). Requirement for all lighting for security
purposes to be designed to reflect within site and minimize potential impact on neighbouring properties
Provide comment nn the rrnpncPrl prnjPrt plans fnr emergency management prncedures / safety prntnrnlc
Emergency management plan to be drafted and approved b Township's Fire and Emergency Services
Department including requirement for training of volunteers fire personnel. Township will require further
consultation at the time of Building Permit submission. Requirement for emergency plans for both the
construction period and also once operations commence
Identify any issues and recommendations with respect to the proposed emergency management procedures / safety protocols.
Same comments as noted above.
Identify any issues and recommendations with respect to any Easements or Restrictive Covenants associated with the Project Location
Confirm in the current legal description the "S/T execution 93- 02351, if applicable" and "S/T execution 99- 00491, if applicable"
5.5 Projoct Conctruction
Identify any issues and recommendations with respect to the proposed rehabilitation of any temporary disturbance areas and any municipal
or local authority infrastructure that could be damaged during construction.
Potential for road damage at time of construction; Township Transportation and
Environmental Services Department requires agreement with proponent to
address potential road damage prior to construction commencing.
Identify any issues and recommendations with respect to the proposed location of fire hydrants and connections to existing
drainage, water works and sanitary sewers
Confirmation required of Stormwater management
measures to be implemented and identification of
location of drainage swales within site. Identification of
sediment and erosion control plan prior to
commencement of construction
Identify any issues and recommendations with respect to the proposed location of buried kiosks and above -grade utility vaults
May be requirement for noise reduction measures, to be verified upon commencement of operations.
Page 5 o 6
Page 94 of 156
10b) - Report No. DS2011 -038, Andria Leigh, Director of Deve...
Page 95 of 156
Identify any issues and recommendations with respect to the proposed location of existing and proposed gas and electricity lines
and connections
3 phase line to be
constructed to transformer
station on site.
Provide comment on the proposed project plans with respect to Building Code permits and licenses.
Project will require building permits for transformer station. Entrance and wide load permits also required
as noted above.
Identify any issues and recommendations related to the identification of any significant natural features and water bodies within the
municipality or territory.
Erosion and sediment control measures to be implemented prior to construction commencing. Tree removal to be restricted during
breeding /rearing season for potential species at risk bird and reptile species, if found on site by qualified biologist.. Comments from
Lake Simcoe Region Conservation Authority required on Natural Heritage records review, Site Investigation, Evaluation of Significance,
Environmental Impact Study, Water Body Records and Site Investigation Reports. Mitigation recommendations identified in Natural
Heritage Impact Study to be implemented during development. Township staff also note that the project is located within Class 2 and 3
agricultural lands.
Identify any issues and recommendations related to the identification any archaeological resource or heritage resource.
No archaeological sites determined to be present on site through completion of Stage 1 -2 assessment report.
Page 6 of 6
Page 95 of 156
10b) - Report No. DS2011 -038, Andria Leigh, Director of Deve...
`ft Ontario
Ministry of the Environment
Renewable Energy Approval
Consultation Form: municipalities, local authorities
ss. 18(2) Ontario Regulation 359/09
Ce formulaire est disponible en francais
PART A: TO BE COMPLETED BY THE APPLICANT BEFORE SUBMITTING TO
MUNICIPALITY OR LOCAL AUTHORITY
Section 1 - Proiect Description
1.1 - Renewable Enerciv Proiect
Project Name (Project identifier to be used as a reference in correspondence)
RE Midhurst 4
Proiect Location
Same as Applicant Physical Address? Yes M No (If no, please provide site address information below)
Civic Address- Street information (includes street number. name, type and direction)
Unit Identifier (Le. apartment number)
Survey Address (Not required
Lot and Conc.:
used to indicate location
and consists of a lot number
Lot
Pt. Lot 20
if Street Information is pro
within a subdivided township
and a concession
Conc.
I 6
sided)
Part and Reference:
used to indicate location within unorganized territory,
number indicating the location within that plan. Attach
Part
1
and consists of a part and a reference plan
copy of the plan. number.
Reference Plan
1 51R -16497
Location Information includes any additional information to clarify physical location)(e.g. municipality, ward/township)
Township of Oro - Medonte, Simcoe County
Geo Reference (e . southwest comer of property)
Mao Datum
Zone
Accuracy Estimate
Geo Referencing Methoc
UTM Eastinq
UTM Northing
Project Phasing (outline construction, operation and decommissioning activities)
Construction — Construction of access roads, laydown area preparation, installation of underground cabling, construction of foundations
and substructures for arrays, construction of concrete pad for transformer station and inverter, erection of a 44 kV distribution connection
from the facility to the connection point, and site restoration of disturbed areas. Fencing and security lighting to be installed. Constructio
duration 6 to 10 months
Operation — Operation and maintenance of solar panels, including occasional cleaning with water, and associated infrastructure. No wast
produced. Estimated COD March 2012
Decommissioning — removal of all project infrastructure and site restoration of
disturbed areas, after 30 years of service
1.2 - Environmental Context
Describe any negative environmental effects that may result from engaging in the project (consider construction, operation and
decommissioning activities.)
Environmental effects that may occur from this project include, but are not limited to:
- erosion and sedimentation into adjacent watercourses and natural areas
- removal of some natural vegetation and tree species
- disturbance of local wildlife and some loss of habitat
- noise emissions from transformers
Propose early avoidance/prevention /mitigation concepts and measures.
- Standard sediment /erosion control measures will be used on site
- Impacts to areas of natural vegetation will be minimized where possible
- No construction to occur within at least 120 m of the high water mark of a water body
- A spill clean -up procedure /emergency response plan will be developed for the site by the construction contractor
PJoi3c 3tudic3 carried out in order to cnaurarno ;mpoct on rcccptor3; noi3c barriers will be installed
Page 96 of 156
10b) - Report No. DS2011 -038, Andria Leigh, Director of Deve...
Page 97 of 156
1.3 - Renewable Energy Generation Facility
Type of Facility / Operation (select all that apply & complete all appropriate sections)
0
•
•
•
Wind Facility (Land Based)
❑®❑®
Biofuel Facility
Wind Facility (Off-Shore)
Solar Photo Voltaic Facility
Biogas Facility (Anaerobic Digesters)
Other Describe :
Biomass Facility (Thermal Treatment)
Class (if applicable) : 3
Nam Plate Caparity
Fxp oted CPnpratinn
Servine Area
Total Area of Site (herta,PC)
6.5 MW
R.R69.4RR kWh in first year
Midhurst Transformer
40
Provide a description of the facilities equipment or technology that will be used to convert the renewable energy source or any other energy
source to electricity.
Solar photovoltaic panels will be installed on the site to convert solar energy into electricity. The exact panels to be used remain to be
determined.
DC electricity generated from the PV panels is converted in AC electricity by an inverter. The inverter steps up electricity to distribution
level voltages by a series of transformers
1.4 - Renewable Energy Generation Activities
Describe the activities that will be engaged in as part of the renewable energy project
The facility will operate 365 days per year, when sufficient solar radiation exists to generate electricity. Typical electricity generation
begins shortly after sunrise and stops shortly before sunset. Operation is remotely monitored. The facility requires periodic visits
for maintenance during the operation phase, such as checking and replacing worn parts, checking electrical connections and
cleaning panels.
Section 2 - Supporting Documents
Date available to Municipal
2.1 - Requirement
or Local Authority Contact
Name of Draft documents distributed for consultation
DRAFT Project Description Report
Draft Project Description Report
March 2, 2010
DRAFT Design and Operations Report
Draft Design and Operations Report
May 13, 2011
DRAFT Construction Plan Report
Draft Construction Plan Report
May 13, 2011
DRAFT Decommissioning Plan Report
Draft Decommissioning Plan Report
May 13, 2011
List of other Documents
Draft Natural Heritage Assessment
May 13, 2011
Draft Water Body Assessment
May 13, 2011
Draft Executive Summary
May 13, 2011
Draft Noise Assessment Study
May 13, 2011
Draft Stage 1 -2 Archaeological Assessment Report
May 13, 2011
Page 2,116
Page 97 of 156
10b) - Report No. DS2011 -038, Andria Leigh, Director of Deve...
Page 98 of 156
Location where written draft reports can be obtained for public inspection (physical location for viewing and the applicants project website if one is available):
A copy of the reports will be made available on the applicant's website (www.ontariosolarfuture.ca). Copies will be made available for
public inspection at the local municipality. A hard copy of the reports will also be provided to the municipality for their review
Section 3 - Applicant Address and Contact Information
3.1 - Applicant Information (Owner of project/facility)
Applicant Name (legal name of individual or organization as evidenced by legal documents) R, wlnaCC I[1PrdifiraHnr Mimi-war
RE Midhurst 4 ULC v
RI icinecc Name (the name and r whirl, the entity is n,Prating nr trarlino - Alen referrer! to ac *redo nem) X
1811605
❑ same
Civic Address- Street information (includes street number, name, type and direction) I Inii Irienfifier
s Applicant Name
(i P Af A intent n fr ]ha )
c/o Recurrent Energy LLC, 300 California St., 8th FI.
Survey Address (Not required if Street Information is provided)
Lot and Conc.:
used to indicate location within
consists of a lot number and
Lot
Municipality
a subdivided township
a concession number.
Conc.
I County/District
Part and Reference:
used to indicate location within an unsubdivided township
part and a reference plan number indicating the location within
Part
Province/State Country I
or unsurveyed territory, and consists of a and
that plan. Attach copy of the plan.
Reference Plan
Postal Code
San Francisco
I
I California
United States
94104
Page 3 of 6
Page 98 of 156
10b) - Report No. DS2011 -038, Andria Leigh, Director of Deve...
PART B: TO BE COMPLETED BY THE MUNICIPALITY OR LOCAL AUTHORITY
Section 4 - Municipal or Local Authority Contact Information (check the one that applies)
Local Municipality (include
Name of
Municipality
each local municipality in
Address
which project location is situated)
Phone
Clerks Name
• Yes
Clerk's Phone/Fax
• No
E -Mail Address
Upper Tier Municipality
Name of
Municipality
(include each upper tier municipality
Address
in which project location
Phone
is situated)
Clerk's name
• Yes
Clerk's Phone/Fax
• No
E -Mail Address
Local roads area (include each local roads area in which project location is situated) • Yes • No
Name of local
roads board
Address
Phone
Secretary- treasurer's
Name
Secretary- treasurers
Phone /Fax
E -Mail Address
Board Area (include each
Name of Local
Service Board
board area in which project
Address
location is situated)
Phone
Secretarys name
• Yes
Secretarys
Phone /Fax
• No
E -Mail Address
Section 5: Consultation Requirement
5.1 - Project Location
Provide comment on the proiect location with respect to infrastructure and servicing.
Project is located on a year round maintained hard surface Township road.
5.2 - Protect Roads
Provide comment on the proposed project's plans respecting proposed road access.
Current proposal only identifies one access to site, second access required for emergency
purposes. Roads to be constructed to standard acceptable to Township for emergency
vehicle purposes. Entrance permit to be obtained from Township for construction.
Identify any issues and provide recommendations with respect to road access
Second access to be provided within site. Internal gravel road to be constructed to
Township satisfaction with minimum width of 10 feet. Entrance Permit required for
both access points. Wide load permit required from applicable authorities
(Township and County) during construction.
Provide comment on any proposed Traffic Management Plans
Up to 20 trucks per day during construction, proponent to work with
Township to address impacts to Township in Traffic Management
Plan.
Identify any issues and provide recommendations with respect to the proposed. Traffic Management Plans
Two access points required to proposed solar project. Requirement for traffic plan for existing roads during
construction and agreement required with Township in relation to potential road damage during construction
phase anticipated to be 6 -10 months duration.
Page 99 of 156
10b) - Report No. DS2011 -038, Andria Leigh, Director of Deve...
Page 100 of 156
5.3 - Municipal or Local authority Service Connections
Provide comment on the proposed project plans related to the location of and type of municipal service connections, other than roads.
Identify any issues and provide recommendations with respect to the type of municipal service connections, other than roads.
Township requires lock box at entrance for Fire and Emergency Services Department to obtain access to site in event of
emergency, given the site is secured and unmanned
5.4 - Facility Other
Identify any issues and recommendations with respect to the proposed landscaping design for the facility
Landscape and buffering required to be provided to Township's satisfaction along Line 13 North frontage of
project to ensure visual protection to neighbouring properties. Fencing along perimeter may require Township
permit as proposed height which exceeds 1.8 metres (5.9 feet). Requirement for all lighting for security
purposes to be designed to reflect within site and minimize potential impact on neighbouring properties
Provide comment on the proposed project plans for emergency management procedures / safety protocols.
Emergency management plan to be drafted and approved by Township's Fire and Emergency Services
Department including requirement for training of volunteers fire personnel. Township will require further
consultation at the time of Building Permit submission. Requirement for emergency plans for both the
construction period and also once operations commence
Identify any issues and recommendations with respect to the proposed emergency management procedures / safety protocols.
Same comments as noted above
Identify any issues and recommendations with respect to any Easements or Restrictive Covenants associated with the Project Location
5.5 Project Construction
Identify any issues and recommendations with respect to the proposed rehabilitation of any temporary disturbance areas and any municipal
or local authority infrastructure that could be damaged during construction.
Potential for road damage at time of construction; Township Transportation and
Environmental Services Department requires agreement with proponent to
address potential road damage prior to construction commencing.
Identify any issues and recommendations with respect to the proposed location of fire hydrants and connections to existing
drainage, water works and sanitary sewers
Confirmation required of Stormwater management
measures to be implemented and identification of
location of drainage swales within site. Identification of
sediment and erosion control plan prior to
commencement of construction.
Identify any issues and recommendations with respect to the proposed location of buried kiosks and above -grade utility vaults
May be requirement for noise reduction measures, to be verified upon commencement of operations
Page 100 of 156
10b) - Report No. DS2011 -038, Andria Leigh, Director of Deve...
Identify any issues and recommendations with respect to the proposed location of existing and proposed gas and electricity lines
and connections
3 phase line to be
constructed to transformer
station on site.
Provide comment on the proposed project plans with respect to Building Code permits and licenses.
Project will require building permits for transformer station. Entrance and wide load permits also required
as noted above
Identify any issues and recommendations related to the identification of any significant natural features and water bodies within the
municipality or territory.
Erosion and sediment control measures to be implemented prior to construction commencing. Tree removal to be restricted during
breeding /rearing season for potential species at risk bird and reptile species, if found on site by qualified biologist. County of Simcoe
comments dated February9, 2011 to be addressed to satisfaction of Township. Mitigation recommendations identified in Natural
Heritage Impact Study to be implemented during development. Township staff also note that the project is located within Class 3
agricultural lands. Comments from Lake Simcoe Region Conservation Authority required on Natural Heritage records review, Site
Investigation, Evaluation of Significance, Environmental Impact Study, Water Body Records and Site Investigation Reports.
Identify any issues and recommendations related to the identification any archaeological resource or heritage resource.
No archaeological sites determined to be present on site through completion of Stage 1 -2 assessment report.
Page 101 of 156
10b) - Report No. DS2011 -038, Andria Leigh, Director of Deve...
Leigh, Andria
From: White, Glenn
Sent Wednesday, February 09, 2011 2:22 PM
To: Leigh, Andria
Subject FW; Recurrent Energy - Municipal Consultation Forms
Follow Up Flag: Follow up
Flag Status: Flagged
Andria, for your information,
Glenn
Glenn White
Manager of Planning
Township of Oro- Medonte.
From: Hamelin, Rochelle [ mailtoRachelle .Harneln@simcoe,ca]
Sent: Wednesday, February 09, 2011 12:50 PM
To: Boucher, Noel
Cc: White, Glenn; dparks @townshipofsevern.com; Hoppe, Bruce
Subject: RE: Recurrent Energy Municipal Consultation Forms
Hi Noel,
Thank you for consulting with the County of Simcoe. County planning staff have reviewed the reports
submitted in support of proposed REA. Proposed projects `Midhurst 4' (in the Township of Oro - Medonte) and
Waubaushene•4' (in the Township of Severn) have in the Natural Heritage Environmental Impact Studies,
identified a forested area on the subject properties. It is not clear however if any clearing of the woodlots is
required and if so how much. Therefore, if clearing is required you should be made aware the County of
Simcoe's Forest Conservation By -law 5635 to promote Sustainable Forest Management Practices is applicable
to the Renewable Energy Approval process if the subject properties meet the By-law's "Woodlands" criteria:
Woodlands are defined in the By -law as:
a) 1000 trees per hectare (400 per acre) of any diameter at DBH:; or
b) 750 trees per hectare (300 per acre) measuring over 5 centimetres (2 inches) in diameter at DBH, or
c) 500 trees per hectare (200 per acre) measuring over 12 centimetres (5 inches) in diameter at DBH; or
d) 250 trees per hectare (100 per acre) measuring over 20 centimetres (12 inches) in diameter at DBH
but does not include a cultivated fruit or nut orchard, or a plantation established for the purpose of producing
Christmas trees unless said plantation has not been managed for its intended purpose for a period of 15 years
or more.
[DBH = means the diameter of the stem or trunk of a tree measured at a point that is 1.37 metres (54 inches)
above the ground'.
A link to the County's Forest Conservation By -law is attached for your information.
htto://www,simcoe.ca/dot/cf/bylavv/index.htm
If you require additional information, do not hesitate t9 contact me.
Sincerely,
Page 102 of 156
10b) - Report No. DS2011 -038, Andria Leigh, Director of Deve...
RACHELLE HAMELIN
PLANNER 11
County of Simcoe, Planning Department
1110 Highway 26,. Midhurst, ON LOL 1X0
Phone: (705) 726-9300, ext. 1315
Fax: (705) 726 -9832
Email: rachelle.hamelin@simcoe.ca
From: Boucher, Noel [mailto :NBoucher @Hatch.ca]
Sent: Tuesday, January 18, 2011 . 2:51 PM
To: Hamelin, Rachelle
Cc: MacKell, Bryan; Sean Caffyn; Bob Leah; 334680
Subject: Recurrent Energy - Municipal Consultation Forms
Hi Rachelle,
Please find attached the Municipal Consultation Forms for the RE Orillia 2, RE Midhurst 6, RE Waubaushene 4
and RE Waubaushene 5 Solar Projects. Sorry it took me a while to get these to you, but I had to update the list
of reports that have been provided for your review and the dates they were provided.
As we discussed, if it would be possible to complete these and send them back to me prior to the Final Public
Meeting for each of the Projects, it would be much appreciated. If you determine that you won't be filling out
the forms, would it be possible to confirm that in an email for me, for our documentation purposes.
If you have any questions regarding these forms or on the Projects, please do not hesitate to contact me.
Regards,
Noel
Noel Boucher
Aquatic Biologist
Hatch Ltd.
4342 Queen St., Suite 500
Niagara Falls, ON, Canada
L2E 7J7
Phone: (905) 374 -5200
Automated: (905) 374 -0701 x5757
Fax: (905) 374 -1157
Email: nboucher@hatch.ca:
NOTICE- This message from Hatch is intended only for the use of the individual or entity to which it is
addressed and may contain information which is privileged, confidential or proprietary. Internet
communications cannot be guaranteed to be secure or error -free as information could be intercepted,
corrupted, lost, arrive late or contain viruses. By communicating with us via e-mail, you accept such risks.
When addressed to our clients, any information, drawings, opinions or advice (collectively, "information")
contained in this e-mail is subject to the terms and conditions expressed in the governing agreements.
Where no such agreement exists, the recipient shall neither rely upon nor disclose to others, such
information without our written consent. Unless otherwise agreed, we do not assume any liability with
respect to the accuracy or completeness of the information set out in this e-mail. If you have received this
message in error, please notify us immediately by return e-mail and destroy and delete the message
from your computer.
2
Page 103 of 156
10c) - Report No. DS2011 -039, Andria Leigh, Director of Deve...
REPORT
Proud Heritage, Exciting Future
Report No.
DS 2011 -039
To: Council
Prepared By:
Andria Leigh, Director
Development Services
Meeting Date:
September 28, 2011
Subject: Site Plan Status
Update — 2133005 Ontario
Limited /Ontario Recycling, 18
Small Crescent,
Part of Lot 16, Part 6 & 7, RP-
19270, Pt Lot 16, Concession
14, Being all of PIN 58548 -0082
(LT)
(Former Township of Oro)
Motion #
Roll #:
4346- 010 -005-
2015800
_
R.M.S. File #:
D11 40954
RECOMMENDATION(S):
Requires Action X
For Information Only
It is recommended:
1. THAT Report No. DS 2011 -039 be received.
BACKGROUND /ANALYSIS:
In September 2010, an application for Site Plan Approval was received from Conestoga- Rovers
& Associates (CRA) on behalf of 2133005 Ontario Limited /Ontario Recycling. The landowner is
proposing to develop and operate the site as a material transfer station including the sorting of
primarily solid, non - hazardous construction and demolition materials. The property is located at
18 Small Crescent (as shown on Schedule 1), contains 102 metres (336 feet) of frontage on
Small Crescent and 1.79 hectares (4.42 acres) of land area and is currently vacant.
In accordance with By -law 2009 -062 (Site Plan Control Area By -law for the Township), the
development of all new industrial buildings requires the owner to enter into a Site Plan
Agreement prior to the issuance of a Zoning Certificate and Building Permit for the proposed
work.
The owners of the subject property are proposing to construct two buildings on the property as
shown on the attached site plan (Schedule 2) — one a 792 square metre (8525 square foot)
sorting building and a 900 square metre (9688 square foot) storage building associated with the
proposed use which include the delivery of materials to the site, inspection and weighing of
materials, unloading and sorting inside the sorting building, and relocation to the storage
building until sufficient materials ready for shipment off site for re- use /recycling.
The subject lands are designated "Industrial" by the Township's Official Plan, pursuant to
Section C8.2 of the Township's Official Plan, permitted uses include: manufacturing, processing,
assembly, fabrication, storage and /or warehousing uses and research establishment,
wholesaling establishments, and similar uses. The proposed use of the buildings and site for a
recycling establishment would be considered to conform to the Official Plan policies.
DEVELOPMENT SERVICES Meeting Date September 28, 2011
Report No. DS 2011 -039 Page 1 of 7
Page 104 of 156
10c) - Report No. DS2011 -039, Andria Leigh, Director of Deve...
The subject lands are zoned "Economic Development (ED) Zone" by Zoning By -law 97 -95.
The proposed use of the proposed buildings for a "recycling establishment" which is defined as
"means premises in which used materials are separated and /or processed prior to shipment to
other uses that will use those materials to manufacture new or recycled projects" is a permitted
use in the Economic Development (ED) Zone. The proposed buildings also comply with the
zone standards of the Economic Development (ED) Zone.
The application was circulated to internal departments at the Township and legislated agencies
for commenting, as well as AECOM, the Township's Engineering Consultant. Various comments
were received from AECOM, LSRCA, and MTO. The application submission included the
following:
• Phase I and II Environmental Site Assessments
• Geotechnical lnvestigation
• Design and Operations Report
• Acoustic Assessment Report
• Stormwater Management Report
• Engineering Drawings (as noted in Schedule "B" of Draft Site Plan Agreement)
The applicant also submitted their Application for the Certificate of Approval (Waste Disposal
Site — Transfer /Processing) to the Ministry of the Environment in October 2010. This proposal
was posted on the Environmental Registry with comments being received from adjacent
neighbours regarding the proposal. In January 2011, CRA and Ontario Recycling held an Open
House at the Old Town Hall to further explain their proposal and answer questions from
interested residents.
In total there were four submissions to the Township regarding the Site Plan review and
approval process and required co- ordination of review comments between the Township and its
consultant (AECOM) and the LSRCA. AECOM advised CRA on June 7, 2011 that the drawings
were acceptable and they required three sets of the SWM report and the drawings to be
provided to be stamped "Accepted for Construction." The Site Plan Agreement was revised to
reflect the final approved drawing references and submitted to CRA and Ontario Recycling for
their review on June 13, 2011 advising that the Township required the cost estimate for the
works as noted in Schedule "D" of the Site Plan Agreement and once completed the agreement
could be executed and submitted with the Letter of Credit for the construction works for
presentation to Council. CRA advised that the applicant was trying to make the project cost
effective and therefore proposing to post $ 25,000 for the landscaping for Schedule "D" of the
Agreement.
Discussions with Planning staff and the Mayor occurred with Ontario Recycling in early July
2011 advising of the Township standards for 100% of the estimated site works to be posted with
the Site Plan Agreement and that should Ontario Recycling be proposing an alternative this
should be provided to the Township formally for presentation to Council. The matter was
scheduled for the July Council meeting on the basis that the cost estimate was to be provided.
Subsequently the Township was advised this information was still to be obtained and the matter
deferred until the August Council meeting. No information was received for the August meeting
and during follow up discussions with Ontario Recycling, the Township received the letter dated
August 18, 2011 (Attachment 4) which was presented to Council at their September 7, 2011
meeting. The Township requested the applicant to attend a subsequent Council meeting to
further expand on their correspondence which has been confirmed for September 28, 2011.
Township staff have also been advised that a draft cost estimate will be provided by Ontario
Recycling prior to their delegation.
DEVELOPMENT SERVICES Meeting Date September 28, 2011
Report No. DS 2011 -039 Page 2 of 7
Page 105 of 156
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The Township Site Plan Approval Guidelines identify the following regarding cost estimates and
letter of credit:
'The applicant is required to provide a cost estimate for all the required works including:
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).
Cost estimates are to be reviewed by all Departments and Township Engineering Consultant prior to
the finalization of the amount of the Letter of Credit. All cost estimates are to be included in the
Letter of Credit.
The applicant will be responsible for the costs associated with all traffic signs required on their
property. The signs will be ordered by the Township and posted on the property by the applicant.
The applicant shall review the Site Plan Agreement, obtain all applicable signatures, and provide four
(4) original agreements, the final Letter of Credit (as approved by the Treasurer or designate), and
the final Site Plan drawings (11" x17" size) to the Township for execution of the Agreement.
Once executed by Council, the Site Plan Agreement is registered on title by the
Township. Costs associated with registration are the responsibility of the applicant.
Upon written notification by the applicant or its authorized agent, certifying that all required works
have been completed and upon confirmation by the Township's Engineering Consultant and /or
Director of Development Services, Planning Division Staff will request comments or concerns from
Department Heads, if no concerns are received a memo is provided to the Finance Department for
the reduction or release of the Letter of Credit. All Engineer and Township staff costs are the
responsibility of the applicant and will be deducted from the refundable deposit, in accordance with
the Tariff of Fees By -law or deducted from the Letter of Credit.
Prior to the securities being released, the Planning Division staff will circulate to any consultants to
ensure all bills and advertising costs are received and the sufficient refundable deposit is available to
cover these costs.
If the site inspection is not satisfactory or concerns are raised through the circulation
process, a letter will be sent to the applicant indicating the concerns. The securities will not be
released until these concerns are addressed by the applicant, to the satisfaction of the
Township. Reductions to the Letter of Credit prior to the completion of a one year period
from the date of execution will only be considered for the construction works not for the
landscaping component.
If the agreement is not in compliance with the Site Plan Agreement as determined by Township
staff, the Township upon twenty -one (21) days notice by registered mail, will draw down on the
Letter of Credit, the appropriate amount to the works completed when directed."
The Township established process and guidelines require all applicants to submit a letter of
credit for 100% of the estimated works at the time of their agreement proceeding to Council for
approval. This requirements ensures the Township has the necessary monies to complete any
works on a site which are not completed by the applicant/landowner, and not requiring costs to
the general taxpayer associated to a specific development. The requirement for 100%
securities is not unique to Oro - Medonte but is a standard established in many of the Simcoe
County municipalities and others within the Province including the City of Toronto.
DEVELOPMENT SERVICES Meeting Date September 28, 2011
Report No. DS 2011 -039 Page 3 of 7
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The August 18, 2011 Ontario recycling letter proposes to provide the Township with $ 25, 000
towards the landscaping costs which they are advising is to be returned upon completion of the
landscaping works. As stated above securities associated with landscaping works are held by
the Township for a one year period from the date of execution of the agreement. A
determination from Council regarding a deviation from the Township standard for 100 % letter of
credit for construction costs is required as this establishes a precedent for future applications.
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.
Lake Simcoe Region Conservation Authority — Letter dated June 11, 2011 stating no objection
to municipal approval of project subject to specific wording to be included in the site plan
agreement (Section 3 (I) of draft Site Plan Agreement)
The County of Simcoe has stated it has no objection to the application, subject to specific
provisions, as contained in Schedule 3 to this report.
ATTACHMENTS:
Schedule 1: Location Map
Schedule 2: Site Plan Submission
Schedule 3: Draft Site Plan Agreement
Schedule 4: Ontario Recycling August 18, 2011 Correspondence
DEVELOPMENT SERVICES Meeting Date September 28, 2011
Report No. DS 2011 -039 Page 4 of 7
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CONCLUSION:
Once a decision is obtained from Council regarding the amount to be identified in Schedule "D"
of the Site Plan Agreement for the Estimate of Costs, the Agreement can be revised accordingly
and provided to the applicant for signing and submission to the Township with the approved
Letter of Credit. Township staff would then be in a position to bring forward the executed
agreements and necessary by -law for Council's consideration and subsequent registration on
title.
Respectfully submitted:
Andria Leigh, MCIP, RPP
Director, Development Services
SMT Approval / Comments:
C.A.O. Approval / Comments:
DEVELOPMENT SERVICES Meeting Date September 28, 2011
Report No. DS 2011 -039 Page 5 of 7
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SCHEDULE 1: LOCATION MAP
2010 - SPA -25 (Ontario Recycling)
15/16
Sub ed Lands
0 35 70
140 210 280
Me s
DEVELOPMENT SERVICES
Meeting Date September 28, 2011
Report No. DS 2011 -039 Page 6 of 7
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SCHEDULE 2: SITE PLAN SUBMISSION
2010 - SPA -25 (Ontario Recycling)
LEGEND
—>a— MISTING CONTOURMA,OR
ew EAIBIONG CONTOUR MINOR
— _— PROPETIY LINE
'.
- SITE GOUNGnRY
—x— ENSTING FENCE
'e -- PROPOSED CONTOUR MAJOR
eF�n
Marerrnsate
PAOPSSEO MPITOUR MINOR
v —+ PROPOSSI DRAINAGE DITCH
-� — PROPOBEUTOP OF FMK/ WPM
PROPOSEO.FENCE
PROPOSED
EOM FROPG OPIPRPP
r—� PRGPCBEGVEOETgroA rA
I- I PROPOSED STORMWnTER
MANAGEMENT MATURE
figure 2
SITE PLAN
APPLICATION FOR SITE PLAN
ONTARIO RECYCLING
Township afOhrMeo'ohie, Ontada
7067601(000)GN40.901 SEP WPM
DEVELOPMENT SERVICES Meeting Date September 28, 2011
Report No. DS 2011 -039 Page 7 of 7
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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
June 2011
By -Law No. * * **
TOWNSHIP OF ORO- MEDONTE
COUNTY OF SIMCOE
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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
Section 11 Certificate of Approval
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "D"
SCHEDULES
Legal Description of Lands
Site Plan
Deeds and Easements to be Conveyed
Itemized Estimate of Cost of Construction
2
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SITE PLAN CONTROL AGREEMENT
This Agreement made, in triplicate, this day of
accordance with Section 41 of the Planning Act.
BETWEEN: 2133005 ONTARIO LIMITED.
Hereinafter called the "Owner"
2011, in
PARTY OF THE FIRST PART
-and -
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Hereinafter called the "Township"
PARTY OF THE SECOND PART
WHEREAS the Owner has applied to the Township of Oro - Medonte to permit the
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:
3
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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 Ministry of the Environment.
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.
g)
The Owner shall have delivered to the Township, all Transfers /Deeds, Discharges
and Easements, or other documents required by Schedule "C", as well as
certification from the Owner's solicitor that the Transfer /Deeds and Easements shall
provide the Township with good title, free and clear from all encumbrances.
h) The Owner agrees that prior to issuance of a Building Permit, a Sewage System
Permit approval must be received by the Township /Ministry of the Environment.
2. COVENANTS BY THE TOWNSHIP
The Township covenants and agrees as follows:
a) That the Township has enacted a By -law to permit 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.
4
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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. & I) and multi -unit locations (six (6) units and over) will not
receive curb side waste collection services from the County of Simcoe. Each I. C.
& I location and multi -unit residential location will be responsible for their own
garbage and recycling disposal.
g) Landscaping
The Owner shall complete all landscaping and landscaped areas shown on the
Site Plan, attached as Schedule "B ", as soon as weather permits, and all grading
and sodding required, according to any Engineering drawings submitted, shall be
done on all lawn areas.
h) Erosion and Siltation Control
The Owner must take all necessary precautions to prevent erosion and
sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and
downstream prior to and during construction. The Owner agrees to maintain all
erosion and siltation control devices in good repair until vegetative cover has been
successfully established.
5
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1)
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.
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.
I) 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:
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
6
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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 altemative 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.
6. COMPLIANCE
Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in
addition to and without prejudice to any security or other guarantee given on behalf of the
Owner for the performance of its covenants and agreements herein, and upon default on
the part of the Owner hereunder, the Township shall, in addition to any other remedy
available to it, be at liberty to utilize the provisions of Section 466 of the Municipal Act,
2001, S.O. 2001, c. 25, as amended.
7. CO- OPERATION
The Owner consents to the registration of this Agreement by the Township, upon the title of
the subject lands, at the expense of the Owner and agrees to execute such further and
other documents, consents or applications, as required, for the purpose of securing
registration and giving effect to the provisions of this Agreement.
8. BINDING EFFECT
This Agreement, and everything contained herein, shall be binding upon the successors
and assigns of the parties hereto, and upon the lands described in Schedule "A ", attached
hereto, such Schedule being a legal description of the lands, and it is further agreed that
this Agreement shall be prepared, approved and registered on title.
9. SEVERABILITY OF CLAUSES
7
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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 )
8
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
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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 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
9
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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.
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, 2011 Notes and Details. Prepared by Conestoga- Rovers & Associates
Accepted for construction, Approved for construction and date (to be determined).
10
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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, 2011 Notes 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, 2011 Notes 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, 2011 Notes 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, 2011Notes 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, 2011Notes 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,
2011 Notes 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, 2011Notes and Details. Prepared by Conestoga - Rovers &
Associates Accepted for construction, Approved for construction at issuance of building
permit.
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.
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S -07 Structural Standard 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 -01 Sorting 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.
M -02 Sorting Building Mechanical Sections 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.
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,
2011 Notes 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.
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.
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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
SCHEDULE "D"
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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
2. LETTERS OF CREDIT AMOUNT
Letter of Credit to be provided by the Owner
to ensure completion of all works required
under the terms of this Agreement, as noted
in Section 5 herein.
14
To Be Confirmed
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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).
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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
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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
June 2011
By -Law No. * * **
TOWNSHIP OF ORO- MEDONTE
COUNTY OF SIMCOE
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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
Section 11 Certificate of Approval
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "D"
SCHEDULES
Legal Description of Lands
Site Plan
Deeds and Easements to be Conveyed
Itemized Estimate of Cost of Construction
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SITE PLAN CONTROL AGREEMENT
This Agreement made, in triplicate, this day of
accordance with Section 41 of the Planning Act.
BETWEEN: 2133005 ONTARIO LIMITED.
Hereinafter called the "Owner"
2011, in
PARTY OF THE FIRST PART
-and -
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Hereinafter called the 'Township"
PARTY OF THE SECOND PART
WHEREAS the Owner has applied to the Township of Oro - Medonte to permit the
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:
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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 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.
9)
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 /Minictry of the Environment.
2. COVENANTS BY THE TOWNSHIP
The Township covenants and agrees as follows:
a) That the Township has enacted a By -law to permit 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.
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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. & I) and multi -unit locations (six (6) units and over) will not
receive curb side waste collection services from the County of Simcoe. Each I. C.
& I location and multi -unit residential location will be responsible for their own
garbage and recycling disposal.
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.
g)
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
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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.
I) 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:
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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. 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.
6. COMPLIANCE
Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in
addition to and without prejudice to any security or other guarantee given on behalf of the
Owner for the performance of its covenants and agreements herein, and upon default on
the part of the Owner hereunder, the Township shall, in addition to any other remedy
available to it, be at liberty to utilize the provisions of Section 466 of the Municipal Act,
2001, S.O. 2001, c. 25, as amended.
7. CO- OPERATION
The Owner consents to the registration of this Agreement by the Township, upon the title
of the subject lands, at the expense of the Owner and agrees to execute such further and
other documents, consents or applications, as required, for the purpose of securing
registration and giving effect to the provisions of this Agreement.
8. BINDING EFFECT
This Agreement, and everything contained herein, shall be binding upon the successors
and assigns of the parties hereto, and upon the lands described in Schedule "A ", attached
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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
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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 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.
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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, 2011 Notes 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, 2011 Notes 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, 2011 Notes 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, 2011 Notes 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, 2011 Notes 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, 2011 Notes 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, 2011 Notes 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,
2011 Notes 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, 2011Notes and Details. Prepared by
Conestoga- Rovers & Associates Accepted for construction, Approved for
construction at issuance of building permit.
11
Page 137 of 156
10c) - Report No. DS2011 -039, Andria Leigh, Director of Deve...
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, 2011 Notes 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, 2011 Notes 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, 2011 Notes 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, 2011 Notes 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, 2011 Notes 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, 2011 Notes 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, 2011 Notes 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
Page 138 of 156
10c) - Report No. DS2011 -039, Andria Leigh, Director of Deve...
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
Page 139 of 156
10c) - Report No. DS2011 -039, Andria Leigh, Director of Deve...
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
Page 140 of 156
10c) - Report No. DS2011 -039, Andria Leigh, Director of Deve...
1
1
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
Page 141 of 156
10d) - Report No. TES2011 -11, Jerry Ball, Director of Transp...
REPORT
10d)
Proud Heritage, Exciting Future
Report No.
TES2011 -11
To:
Council
Prepared By:
Jerry Ball
Meeting Date:
September 28, 2011
Subject:
Woodland Drive Speed Limit
Reduction
Motion #
Roll #:
_
R.M.S. File #:
RECOMMENDATION(S): Requires Action X For Information Only
It is recommended that:
1. THAT Report No. TES2011 -11 be received and adopted.
2. THAT the speed limit, on Woodland Drive, be reduced to a 50 km /h zone
3. THAT the Clerk brings forward the necessary by -law.
4. AND THAT Mr. Tom Kovacs be notified of Council's decision accordingly, under the
Director of Transportation and Environmental Services signature.
BACKGROUND:
Correspondence has been received from Mr. Tom Kovacs, requesting that the length of the
existing 50 km /h speed zone, on Woodland Drive, be decreased an additional 100 meters,
northerly.
Woodland Drive is presently divided into 2 separate speed zones, within the 3 kilometer section
that runs from Memorial Ave. to Lake Simcoe. The first speed zone commences at Memorial
Ave., and extends south for a distance of 2 kilometers, at the speed of 60 km/h. At the end of
this 2 kilometer section, the speed then reduces to 50 km /h, to the lake, and extends over to
Line 15 North. The request to extend the 50 km/h zone, 100 meters northerly, would reduce the
existing 60 km /h zone.
ANALYSIS:
In consideration of this request, staff completed a site review and an updated traffic count. In the
review it was noted that within the 60 km /h zone there were 2 vertical curves, 2 single lane
bridge structures, 4 residential driveways, the Rail Trail crossing and 1 intersection. The new
traffic count was taken at 3 locations, with a result of 574 vehicles per day. It was also noted
that there were a number of pedestrians and cyclists that utilize the 60 km /h zone area,
on Woodland Drive.
Transportation and Environmental Services September 28, 2011
Report No. TES2011 -11
Page 1 of 2
Page 142 of 156
10d) - Report No. TES2011 -11, Jerry Ball, Director of Transp...
In applying the guide lines for stopping sight distance, which are listed in our Roadway
Services Standards, for the 2 vertical curves, the stopping distances cannot be
achieved at 60 km /h.
FINANCIAL:
N/A
POLICIES /LEGISLATION:
Municipal Road Standards
CONSULTATIONS:
Transportation Staff
ATTACHMENTS:
None
CONCLUSION:
It is therefore recommended that the existing 60 km /h zone, on Woodland Drive, be
eliminated, with a by -law created, and signed as a 50 km /h zone. This would increase
safety for cyclists and pedestrians, as well as provide increased stopping sight distance.
Respectfully submitted:
Jerry Ball, C.R.S.S.
Director of Transportation and Environmental Services
SMT Approval / Comments:
C.A.O. Approval / Comments:
Transportation and Environmental Services
Report No. TES2011 -11
September 28, 2011
Page 2of2
Page 143 of 156
11b) - Councillor Evans, re: Heavy Truck Usage.
11b)
Traffic routes for large trucks have been established. What appears to be happening is that they are
taking the shortest routes regardless if they are on the regulated roads. Our regular roads that have
been paved are not built for this heavy truck traffic. I think that % loads should be the normal
stipulation unless prior special permission has been given by the Township.
Councillor Evans
Page 144 of 156
12b) - Correspondence received September 21, 2011 from Deann...
Dear Supporter:
RECEV
SEP 2 1 2011
ORO- MEDoNTE
TOWNSHIP
CRIMESiEe
Dutlerin
STOPPERS
1- 800 - 222 -8477
20 Rose Street
Barrie, Ontario
L4M 2T2
Administration:1- 800.567 -2043
Telephone: (705) 726 -2237
Fax: (705) 726 -3067
-Mail: crimestoppersofs.d.m @caolve.net
On behalf of Inspector Dirk Cockburn, Detachment Commander of the Ontario Provincial Police Nottawasaga
Detachment, and Mr. Gord McNeice, President of Crime Stoppers of Simcoe - Dufferin- Muskoka, I wish to extend this
invitation to you.
You are well known within our service area of Simcoe, Dufferin and Muskoka as a community leader who contributes to
the well -being of our local society. As such, it is our hope that you will join us in support of our efforts to help fight and
solve crimes in your community by joining us for an outstanding evening with our police partners and leaders, media
partners, corporate sponsors, and local governmental dignitaries. Please join us at the 13th Annual Gala Dinner and
Silent Auction which will be held on Saturday, November 5th, 2011 at Nottawasaga Resort, Alliston. The dance band
Rearview Mirror is joining us this year with their renditions of hit songs going back to the 60's.
The Silent Auction is a prominent feature of the event, along with music, a cocktail hour, and a fabulous dinner by the
award winning culinary staff at Nottawasaga Resort. In the past we have benefited from the generosity of organizations
and individuals which provide us with items that may be auctioned, or used as a door prize for the attendees. If you
would like to assist by donating an item for the auction or a monetary sponsorship, your generosity will be acknowledged
and greatly appreciated. A tax receipt will be issued for the fair market value of the donated item if requested.
Crime Stoppers of Simcoe - Dufferin- Muskoka is a non - profit organization that is committed to the welfare of the
communities we serve. We provide an outlet where individuals who have knowledge of a crime may come forward in
complete anonymity. Crime Stoppers is not a police program. All tips received are forwarded to the police or law
enforcement agency to provide the investigators with information that may identify criminals in the community or lead to
solving an unsolved crime. To encourage the public's participation, if their information leads to an arrest, charges,
recovery of stolen property, or seizure of illegal drugs the informant may earn a cash reward of up to $2000. To date we
have paid out over $259,000.00 in cash rewards!
All funds required for the rewards payment and operation of the program must be raised through fundraising events held
by Crime Stoppers. One of the major fundraisers each year is The Gala Dinner, hosted by one of our police partners.
We sincerely hope you will join us at this fun and elegant evening in support of Crime Stoppers of Simcoe Dufferin
Muskoka.
$100 Tickets are available at:
Crime Stoppers Office
20 Rose Street
Barrie, ON
L4M 2T2
705 - 726 - 2237/800- 567 -2043
crimestoppersofs.d.m@csolve.net
You may also contact Gord McNeice at 705 - 726 -4733.
Working in partnership for safer communities,
Deanna Stewart
Secretary/Treasurer
WE PAY CASH FOR TIPS... 1 800 222 -8477
Page 145 of 156
13a) - Correspondence received August 30, 2011 from The Angl...
Z1l jt Rugiicau QC jurcb
of the
PARISH OF COLDWATER - MEDONTE
Incumbent:
The Rev. Daniel Tatarnic
P.O. Box 132, Coldwater, ON LOK 1E0�
Phone (705) 686 -3663 Fax (705) 686 -7353 e- mail- coldmedgarnteiecom.net
Congregations of;
St.George's Fairvalley; St. John's, Matchedash; St. Matthias, Coldwater.
l- �v�CilR� ?.0 t
AUG s p ;di}
To whom it may concern,
Discussions regarding Fairvalley Church Road have been ongoing between St. George's
Fairvalley Anglican Church, Township of Oro - Medonte, and Anglican Church Diocese of
Toronto for several months.
It had been the belief of the church congregation and the township for many years that the road
was township property. For several decades the township has maintained the road in good
condition, cleared snow as well as placing a township road name sign on it. However, the sale
of the unused portion of the road allowance to Hugh Pearson eventually brought to light that the
used portion of the road allowance was owned in part by the Anglican Church and in part by the
owners of the farm surrounding the church (the Vivians).
This caused some concern for the congregation regarding the maintenance and liability
responsibilities for the road. The congregation has obtained a legal opinion that the long history
of the township caring for the road results in the township assuming responsibility for the roads
maintenance and liability. This being said, it made sense to the congregation that the township
should be named on the deed for the road. The congregation does not see road ownership as
part of their purpose and indeed could be a liability. However, such a transaction must be
carried out by the Diocese of Toronto for the Anglican Church. The diocese has not been
helpful in achieving this transfer; indeed, at times vigorously obstructive.
The congregation regrets the failure to transfer ownership of the road. On the other hand, this
failure emphasizes that the diocese and the township have control over the road and not the
congregation, so the congregation should also not have any liability.
If there are any further items to discuss please let us know.
1.7o r 41 /4 Gtiei sex, 7 p
Po-re /de 61,41,e .0E7
Page 146 of 156
15a) - A By -law to Amend By -law No. 2011 -063, Being a By- law...
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2011 -151
A By -law to Amend By -law No. 2011 -063, Being a By -law to Appoint
Municipal Law Enforcement Officers /Provincial Offences Officers
WHEREAS the Municipal Act 2001, S.O. 2001, c. 25, Section 224, as amended,
provides that the role of Council is to ensure that administrative practices are in place to
implement the decisions of Council;
AND WHEREAS the Police Services Act, R.S.O. 1990, ChapterP.15, Section 15.,
provides the appointment of Municipal Law Enforcement Officers for the purpose of
enforcing the by -laws of a municipality;
AND WHEREAS Council of the Township of Oro - Medonte did, on the 27th day of April,
2011, enact By -law No. 2011 -063 to Appoint Municipal Law Enforcement
Officers /Provincial Offences Officers;
AND WHEREAS Council deems it necessary to amend Schedule "A" of By -law No.
2011 -063;
NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as
follows:
1. That Schedule "A" to By -law No. 2011 -063 be amended to add:
"Robert Kennedy ".
2. This by -law shall take effect on the 7th day of September 2011.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 28TH DAY
OF SEPTEMBER, 2011.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 147 of 156
15b) - A By -law to Authorize the Execution of An Agreement B...
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2011 -153
A By -law to Authorize the Execution of An Agreement Between
The Corporation of the Township of Oro - Medonte and
Denise Mary Gardner and Robert Gardner
WH EREAS 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 Denise
Mary Gardner and Robert Gardner;
NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as
follows:
1. THAT the Mayor and Clerk be authorized to execute the Agreement attached
hereto as Schedule "A" and forming part of this By -Law.
2. This by -law shall take effect on the final passing thereof.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 28TH DAY
OF SEPTEMBER, 2011.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 148 of 156
15b) - A By -law to Authorize the Execution of An Agreement B...
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 -
DENISE MARY GARDNER and
ROBERT GARDNER
(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 Encroachment(s)");
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.
1. 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.
Page 149 of 156
15b) - A By -law to Authorize the Execution of An Agreement B...
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:
1. 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.
2. 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.
3. 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.
Page 150 of 156
15b) - A By -law to Authorize the Execution of An Agreement B...
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.
7. 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 1st 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.
Page 151 of 156
15b) - A By -law to Authorize the Execution of An Agreement B...
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 mariner 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:
Denise Mary and Robert Gardner
17 Myrtle Avenue, RR #2
Hawkestone, ON LOL 1T0
(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 (3'd) 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.
Page 152 of 156
15b) - A By -law to Authorize the Execution of An Agreement B...
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
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
I /We have authority to bind the Corporation.
IN WITNESS WHEREOF the Owner hereto has hereunto affixed its hand.
EXECUTED at this day of
Witness Denise Mary Gardner
Witness Robert Gardner
Page 153 of 156
15b) - A By -law to Authorize the Execution of An Agreement B...
SCHEDULE "A"
Owner's Lands
Lt 55 PI 626 Oro; Oro - Medonte, 58561 -0174 (LT),
Municipally known as 17 Myrtle Avenue.
MYRTLE
.lf...-;:., jr"
0
LAKE SIMCOE
17 MYRTLE AVENUE
0 5 10 20 30 40
Meters
Page 154 of 156
15b) - A By -law to Authorize the Execution of An Agreement B...
SCHEDULE "B"
Existing Encroachments as approved by
Township of Oro - Medonte Chief Building Official
1. Stairs
2. Concrete Retaining Wall
3. Concrete Dock
All as shown on Plan of Survey 51 R -36152
designated as Part 20 thereon.
Page 155 of 156
18a) - Being a By -Law to Confirm the Proceedings of the Coun...
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2011 -152
Being a By -Law to Confirm the Proceedings of the Council Meeting held on
Wednesday, September 28, 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 28, 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 28TH
DAY OF SEPTEMBER, 2011.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 156 of 156