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10 12 2011 Council AgendaTHE TOWNSHIP OF OROMEDONTE COUNCIL MEETING AGENDA COUNCIL CHAMBERS Wednesday, October 12, 2011 6:00 p.m. Closed Session 7:00 p.m. Open Session  Page 1.CALL TO ORDER - PRIVATE PRAYER/MOMENT OF REFLECTION: 2.ADOPTION OF AGENDA: a)Motion to Adopt the Agenda. 3.DISCLOSURE OF PECUNIARY INTEREST: 4.CLOSED SESSION ITEMS: a)Motion to go In Closed Session. b)Motion to Rise and Report. Shawn Binns, Director of Recreation and Community Services, re: d)Client Privilege (Diamond 93019). e) (West 1/2 Lot 11, Concession 8).  5.IDENTIFICATION FROM THE PUBLIC OF AN AGENDA ITEM OF INTEREST: 6.MINUTES OF COUNCIL AND COMMITTEES: 5-17 a) 18-21 b)Minutes of Human Resources Committee meeting held on September 2 7.RECOGNITION OF ACHIEVEMENTS: 8.PUBLIC MEETINGS: a)7:00 p.m.  Proposed Amendment to the Official Plan, Application OPA04, 37934, Parts 1, 2, 3, 7, 8, 9, 12 and 13, North and South Sides Page 1 of 150 - October 12, 2011. Page 8.PUBLIC MEETINGS: b)Law, Application 2011ZBA 16, Parts 3, 4 and 7, Plan 51R37583 and Part 2, Plan 51R37762, West of Line 2 Condominium, Application No. 2011ZBA14 and 2011SUB03, Part of Lot 1, 9.DEPUTATIONS: 22-49 a) West Road Condition [deferred from October 5, 2011 meeting]. 10.REPORTS OF MUNICIPAL OFFICERS: 50-51 a)Report No. CAO 2011 Communications Specialist, re: Request for Exemption – Remembrance Day Parade. 52 b) C11091411, September 14, 2011 Council meeting. 53-54 September 30, 2011. 55-98 d)Andria Leigh, Director of Development Services, memorandum corre re: Site Plan Agreement Options, Report No. DS 2011039, Site Plan Status Update–2133005 Ontario Limited/Ontario Recycling, 18 Small Crescent, Pa Lot 16, Part 6 & 7, RP19270, Pt Lot 16, Concession 14, Being all of PIN 58548 Medonte [from September 28, 2011 meeting 99-117 e)Report No. CS 2011 Officer re: Proposed Amendments to Section 6.1 and 10.2 of Parki 200922. 118-121 Report No. RC 2011 Services re: Request for Exemption 122-126 g)Report No. RC 2011 Services re: Request for Exemption Moonstone Santa Claus Parade. 127-130 Report No. CSI 201107, Donna Hewitt, Director of Corporate & Strategic 131 i)Doug Irwin, Director of Corporate Services/Clerk, re: Update of Representation Requested, Simcoe Muskoka Catholic District Schoo (SMCDSB), for North Barrie Area Elementary School Pupil Accomoda Review Committee.  Page 2 of 150 - October 12, 2011. Page 10.REPORTS OF MUNICIPAL OFFICERS: 132-133 Donna Hewitt, Director of Corporate & Strategic Initiatives re: Preparedness Program (JEPP) Funding Application.  11.REPORTS OF MEMBERS OF COUNCIL: 134 a) 2011, Compensation Claims, OMAFRA Ontario Wildlife Damage Compen Program. 12.CONSENT AGENDA: a) 135 b)Correspondence dated September 27, 2011 from Sharron Founder of Social Media Awareness & Responsibility Team (SMART), Proclamation Request, November 1319, 2011 "Bully Awareness Week".  13.COMMUNICATIONS: 136-138 a)Correspondence dated September 27, 2011 from Sandra Trainor, Exe 14.NOTICE OF MOTIONS: 15.BY-LAWS: 139-142 a)Law No. 2011157A By 143-145 b)Law No. 2011159A By 146-149 Law No. 2011160A By designated as Parts 3, 4 and 7, Plan 51R37583, and Part 2, Plan 51R County of Simcoe, being Part of PIN 585550018 (LT). 16.QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM: 17.CLOSED SESSION ITEMS (UNFINISHED ITEMS): Page 3 of 150 - October 12, 2011. Page 18.CONFIRMATION BY-LAW: 150 a)Law No. 2011158Being a ByLaw to Confirm the Proceedings of the 2011. 19.ADJOURNMENT: a) Page 4 of 150 6a) THE TWNSHIPOF ORO-EDONTE OOMM REGULAR COUNCL MEETIG MINUTS IINNEE CouncilChamberss Wednessday, Octoober 5, 2011Timme: 9:30 a..m. 2010 - 22014 COUNNCIL Presen tt: Mayor H.S. ughes HH Dputy Mayr Ralph Hugh eeoooo Cuncillor Mel Coutanche oo Cuncillor Klly Meye ooeer Coouncillor Marty Lancasster Coouncillor Joohn Crawford Coouncillor Dwwight Evans Staff Pesent rr: Rbin Dunn, Chief Adinistrativefficer; Pal Gravelle Director f oommOOuu,,oo Finance/Tresurer/Depty CAO; Janette Teter, Deput Clerk; Jery aaueeyyrr Bll, Directo of Transprtation an Environental Servces; Shawn aarrooddmmii Bnns, Direcor of Recration and ommunit Services; Donna Heitt, iitteeCCyyww Diirector of Corporate & Strategic Initiatives;TTamara Obee, Manageer Heealth & Saffety, Humann Resourcees; Glenn WWhite, Manaager of Pllanning Serrvices; Darccy Brooke-BBisschop,AAdministrative Assistant; Gayle Wood, CAO, Lakke Simcoe RRegion ConnservationAAuthority Also Present : Ssan Woos, Joan Ellis, Madeleine Rowe, andy Agnw uuddSSee 1.CALL TO ORDER - PRIVAATE PRAYYER/MOMEENT OF REEFLECTIONN: MayorHH.S. Hughess assumed the Chair aand called tthe meetingg to order foollowed by a privaterayer/moent of reflction. ppmmee 113 Pageoof Page 5 of 150 6a) Council Meeting Minutes – October 5, 2011. 2.ADOPTION OF AGENDA: a) Motion to Adopt the Agenda. Motion No. C111005-1 Moved by Meyer, Seconded by Coutanche Be it resolved that the agenda for the Council meeting of Wednesday, October 5, 2011 be received and adopted, as amended, to add: 4d) Robin Dunn, Chief Administrative Officer re: Litigation Affecting the Municipality (Hicks Morley Update); 6c) Minutes of Committee of Adjustment meeting held on September 15, 2011; and 11b) Councillor Coutanche re: Diamond Valley Subdivision Update, And defer Item: 9a) Helen Malloy and Steven Starr, re: Line 6 North, North of M Road Condition to the October 12, 2011 Council meeting. Carried. 3.DISCLOSURE OF PECUNIARY INTEREST: None declared. 4.CLOSED SESSION ITEMS: a) Motion to go In Closed Session. Motion No. C111005-2 Moved by Crawford, Seconded by Evans Be it resolved that we do now go in Closed Session at 9:31 a.m. • Personal matters affecting an identifiable individual; and • Litigation affecting the Municipality. Carried. b) Motion to Rise and Report. Motion No. C111005-3 Moved by Meyer, Seconded by Coutanche Be it resolved that we do now Rise at 10:12 a.m. and Report on t 4c) Shawn Binns, Director of Recreation and Community Services, about an identifiable individual (Advisory Body) and 4d) Robin Dunn, Chief Administrative Officer re: Litigation Affecting the Municipality (Hicks Morley Update). Carried. 213 Page of Page 6 of 150 6a) Council Meeting Minutes – October 5, 2011. c) Shawn Binns, Director of Recreation and Community Services, re: Personal matters about an identifiable individual (Advisory Body). The following staff were present: Robin Dunn, Chief Administrative Officer; Janette Teeter, Deputy Clerk; Shawn Binns, Director of Recreation and Community Services; Tamara Obee, Manager Health & Safety, Human Resources. Motion No. C111005-4 Moved by Evans, Seconded by Crawford Be it resolved that the confidential verbal information and correspondence presented by Shawn Binns, Director of Recreation and Community Services, re: Personal matters about an identifiable individual (Advisory Body) be received; and further that staff proceed as directed by Council. Carried. d) Robin Dunn, Chief Administrative Officer re: Litigation Affecting the Municipality (Hicks Morley Update). The following staff were present: Robin Dunn, Chief Administrative Officer; Janette Teeter, Deputy Clerk; Tamara Obee, Manager Health & Safety, Human Resources. Motion No. C111005-5 Moved by Coutanche, Seconded by Meyer Be it resolved that the confidential verbal information presented by Robin Dunn, Chief Administrative Officer re: Litigation Affecting the Municipality (Hicks Morley Update) be received. 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 28, 2011. Motion No. C111005-6 Moved by Evans, Seconded by Lancaster Be it resolved that the draft minutes of the Council meeting held on Wednesday, September 28, 2011, be adopted as printed and circulated. Carried. 313 Page of Page 7 of 150 6a) Council Meeting Minutes – October 5, 2011. b) Minutes of the Recreation Technical Support Group meeting held on September 29, 2011 (refer to Item 10d). Motion No. C111005-7 Moved by Meyer, Seconded by Coutanche Be it resolved that the draft minutes of the Recreation Technical Support Group meeting held on September 29, 2011 be received. Carried. Motion No. C111005-8 Moved by Crawford, Seconded by Evans Be it resolved that the Director of Transportation and Environmental Services liaise with the County of Simcoe with respect to the placement of a "Share the Road" sign in the area of 350 Ridge Road and report back to Council. Carried. Motion No. C111005-9 Moved by Meyer, Seconded by Coutanche Be it resolved 1. That a War of 1812 Bi-Centennial Event surrounding the Oro African Church be supported, in principle. 2. And Further That staff and the Oro-Medonte History Association coordinate, with Tim Crawford, to develop an event proposal to be brought back for Council’s consideration. Carried. c) Minutes of the Committee of Adjustment meeting held on September 15, 2011. Motion No. C111005-10 Moved by Evans, Seconded by Crawford Be it resolved that the draft minutes of the Committee of Adjustment meeting held on September 15, 2011 be received. Carried. 7.RECOGNITION OF ACHIEVEMENTS: None. 413 Page of Page 8 of 150 6a) Council Meeting Minutes – October 5, 2011. 8.PUBLIC MEETINGS: None. 9.DEPUTATIONS: a) Helen Malloy and Steven Starr, re: Line 6 North, North of Mount St. Louis Road West - Road Condition [To be deferred to the October 12, 2011 meeting upon Adoption of the Agenda]. This item was deferred to the October 12, 2011 meeting. 10.REPORTS OF MUNICIPAL OFFICERS: a) Gayle Wood, CAO, Lake Simcoe Region Conservation Authority, re: LSRCA’s Programs and Services. th Gayle Wood presented a print to the Township in celebration of the 60 Anniversary of the LSRCA. Motion No. C111005-11 Moved by Coutanche, Seconded by Meyer Be it resolved that the PowerPoint presentation dated September 29, 2011 and presented by Gayle Wood, CAO, Lake Simcoe Region Conservation Authority (LSRCA), re: LSRCA’s Programs and Services be received. Carried. b) Doug Irwin, Director of Corporate Services/Clerk, re: Recommendation from Recreation Technical Support Group - Motion No. RTSG110825-3. Motion No. C111005-12 Moved by Meyer, Seconded by Lancaster Be it resolved that the motion with respect to Item 10b) Recommendation from Recreation Technical Support Group – Motion No. RTSG110825-3 be deferred for further information. Carried. 513 Page of Page 9 of 150 6a) Council Meeting Minutes – October 5, 2011. Motion No. C111005-13 Moved by Lancaster, Seconded by Evans Be it resolved 1. That the verbal information presented by Jerry Ball, Director of Transportation and Environmental Services, re: Recommendation from Recreation Technical Support Group - Motion No. RTSG110825-3 be received. 2. That the request for a three way stop to be placed at Highland Drive and Line 4 North be denied at this time. 3. And Further That the applicant be advised of Council's decision under the Director of Transportation and Environmental Services' signature. Deferred. c) Report No. DS2011-041, Glenn White, Manager of Planning, re: Regent Tool & Die Site Plan Application 2011-SPA-23 [to be distributed at the meeting]. Motion No. C111005-14 Moved by Meyer, Seconded by Coutanche Be it resolved 1. That Report No. DS 2011-041, Glenn White, Manager of Planning, re: Regent Tool & Die Site Plan Application 2011-SPA-23 be received and adopted. 2. That Council approves, in principle, Site Plan Application 2011-SPA-23 with Regent Tool and Die to construct a 463.81 square metre (4992.62 square a 100.33 square metre canopy to an existing industrial building. 3. That the Township of Oro-Medonte enters into a Site Plan Agreement with Regent Tool & Die upon receipt of the final approval of the Site Plan Application from Lake Simcoe Regional Conservation Authority and AECOM Engineering Consultants. 4. That the appropriate by-law be brought forward for Council’s consideration. 5. And That the applicant be notified of Council’s decision under the Director of Development Services’ signature. Carried. 613 Page of Page 10 of 150 6a) Council Meeting Minutes – October 5, 2011. d) Correspondence dated August 23, 2011 from Nathan Westendorp, Planner III, County of Simcoe, re: Draft County of Simcoe Trails Strategy (refer to Item 6c, Motion No. RTSG110929-6). Motion No. C111005-15 Moved by Crawford, Seconded by Evans Be it resolved 1. That the correspondence dated August 23, 2011 from Nathan Westendorp, Planner III, County of Simcoe and presented by Shawn Binns, Director of Recreation and Community Services, re: Draft County of Simcoe Trails Strategy be received. 2. That the draft comments dated September 30, 2011 and reviewed by the Recreation Technical Support Group per Motion No. RTSG110929-6 be endorsed. 3. And Further That the said correspondence be finalized and submitted to the County of Simcoe, for their consideration, under the Director of Recreation and Community Service's signature. Carried. 713 Page of Page 11 of 150 6a) Council Meeting Minutes – October 5, 2011. 11.REPORTS OF MEMBERS OF COUNCIL: a) Councillor Lancaster, re: Recurrent Energy – Orillia 1 & 3, Midhurst 3 & 4 Solar Projects Municipal Consultation Forms - Additional Comments. Motion No. C111005-16 Moved by Lancaster, Seconded by Crawford Be it resolved that the Ministry of the Environment and the proponent (Recurrent Energy) be advised, under the Mayor’s signature, and requested to consider the following information in conjunction with the Renewable Energy Municipal Consultation Forms for the following Renewable Energy Projects known as Orill North, Orillia 3 – 1683 Line 13 North, Midhurst 3 – 217 Line 5 North and Midhurst 4 – Line 5 North: 1. That the Official Plan of Township of Oro-Medonte identifies Natural Heritage and Rural Character. The goals associated with these aspects are to protect and enhance significant natural heritage features and related ecological functions in the Township and to protect, maintain and enhance the natural, agriculture and open space character of the rural area. The Green Energy Act identifies the local municipality is not the approval authority, however, the Township of Oro-Medonte advocates that Renewable Energy Projects be treated in the intent of the guidelines for pits and quarries with respect to site lines. 2. That the proponent states that there will be remediation of soil after the expiration of the Project. The Township requests assurances that the subject lands be turned back into its previous form when the Project ends. 3. That the Township of Oro-Medonte requests that an update to the land classification on the soil classification be undertaken as part of the application process. 4. The Township of Oro-Medonte requests that a suitable provincial standard be established for setbacks from property lines and from nearby res panel installations are not within the jurisdiction of the Township of Oro-Medonte’s Zoning By-law; accordingly, there are no restrictions to prevent placing of solar panels at the edge of the property. 5. Solar farms are large commercial/industrial facilities. There could be road damage during construction and the facilities could require additional municipal services. The Township of Oro-Medonte advocates an appropriate property assessment to assist in mitigating the costs of services. Carried. 813 Page of Page 12 of 150 6a) Council Meeting Minutes – October 5, 2011. b) Councillor Coutanche re: Diamond Valley Subdivision Update, File 43T-93019. Motion No. C111005-17 Moved by Coutanche, Seconded by Meyer Be it resolved that the verbal information presented by Councillor Coutanche and Jerry Ball, Director of Transportation and Environmental Services, re: Diamond Valley Subdivision Update, File 43T-93019, be received. Carried. 12.CONSENT AGENDA: a) Announcements of Interest to the Public Fire Prevention Week - October 9-15, 2011. 130th Anniversary Celebration of Coulson Church - 7:30 p.m., October 9, 2011. b) Minutes of Lake Simcoe Conservation Authority meeting held on July 22, 2011 and highlights of September 23, 2011. Staff Recommendation: Receive. c) Minutes of Nottawasaga Valley Conservation Authority meeting held on August 26, 2011. Staff Recommendation: Receive. d) Correspondence from the Deputy Registrar General of Canada, re: October 15, 2011 - Fire Services Recognition Day. Staff Recommendation: Receive, Proclaim and Post on Township Website. e) Correspondence dated August 30, 2011 from Josephine Chausse, Grandparents from Southern Ontario, re: Ontario Bill 22, An Act to Amend the Children's Law Reform Act. Staff Recommendation: Receive. f) Correspondence dated September 20, 2011 from Gayle Jackson, City Clerk, City of Orillia, re: Common Interest Committee. Staff Recommendation: Receive. g) Correspondence dated September 21, 2011 from Jeff Hecker, Director, Marketing Communications and Public Relations, Xplornet, re: Proton Rocket Carrying Xplornet’s Next-Generation Broadband Satellite to Launch in Late October. Staff Recommendation: Receive. 913 Page of Page 13 of 150 6a) Council Meeting Minutes – October 5, 2011. Motion No. C111005-18 Moved by Evans, Seconded by Crawford 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 •Fire Prevention Week - October 9-15, 2011. •130th Anniversary Celebration of Coulson Church - 7:30 p.m., October 9, 2011. b) Correspondence from the Deputy Registrar General of Canada, re: October 15, 2011 - Fire Services Recognition Day. Received, Proclaimed and Posted on Township Website. c) Minutes of Lake Simcoe Conservation Authority meeting held on July 22, 2011 and highlights of September 23, 2011. Received. d) Minutes of Nottawasaga Valley Conservation Authority meeting held on August 26, 2011. Received. e) Correspondence dated August 30, 2011 from Josephine Chausse, A Group of Grandparents from Southern Ontario, re: Ontario Bill 22, An Act to Amend the Children's Law Reform Act. Received. f) Correspondence dated September 20, 2011 from Gayle Jackson, City Clerk, City of Orillia, re: Common Interest Committee. Received. g) Correspondence dated September 21, 2011 from Jeff Hecker, Director, Marketing Communications and Public Relations, Xplornet, re: Proton Rocket Xplornet’s Next-Generation Broadband Satellite to Launch in Late October. Received. Carried. 1013 Page of Page 14 of 150 6a) Council Meeting Minutes – October 5, 2011. 13.COMMUNICATIONS: a) Correspondence dated September 21, 2011 from John Coleman, Chief Federal Negotiator, Indian and Northern Affairs Canada re: Coldwater Narrows Specific Claim. Motion No. C111005-19 Moved by Meyer, Seconded by Coutanche Be it resolved that the correspondence dated September 21, 2011 from John Coleman, Chief Federal Negotiator, Indian and Northern Affairs Canada re: Specific Claim be received. Carried. b) Correspondence dated September 26, 2011 from Denise Osborne, re: Accommodation Review Committee (ARC) Meeting - October 27, 2011. Motion No. C111005-20 Moved by Lancaster, Seconded by Evans Be it resolved 1. That the correspondence dated September 26, 2011 from Denise Osborne, re: Accommodation Review Committee (ARC) Public Meeting at the Moonstone Elementary School on October 27, 2011 be received. 2. That Mayor H.S. Hughes be authorized to attend to present a delegation. 3. And Further That the CAO's office RSVP accordingly. Carried. c) Correspondence dated September 29, 2011 from Mayor Virginia Hackson, Chair, Lake Simcoe Region Conservation Authority, re: Lake Simcoe Region Conservation Authority’s Annual Conservation Awards Ceremony, Thursday, October 27, 2011. Motion No. C111005-21 Moved by Coutanche, Seconded by Meyer Be it resolved 1. That the correspondence dated September 29, 2011 from Mayor Virginia Hackson, Chair, Lake Simcoe Region Conservation Authority (LSRCA) , re: LSRCA Annual Conservation Awards Ceremony, Madsen's Greenhouse, Newmarket, Thursday, October 27, 2011 be received. 2. That Councillors Coutanche and Lancaster be authorized to attend. 3. And Further That the CAO's office RSVP accordingly. Carried. 1113 Page of Page 15 of 150 6a) Council Meeting Minutes – October 5, 2011. 14.NOTICE OF MOTIONS: None. 15.BY-LAWS: a) By-Law No. 2011-154 A By-law to authorize the execution of a Tax Arrears Extension Agreement. b) By-Law No. 2011-155 A By-law to authorize the execution of a Tax Arrears Extension Agreement. Motion No. C111005-22 Moved by Crawford, Seconded by Lancaster Be it resolved that the following by-laws: a) By-Law No. 2011-154: A By-law to authorize the execution of a Tax Arrears Extension Agreement. b) By-Law No. 2011-155: A By-law to authorize the execution of a Tax Arrears Extension Agreement. be read a first, second and third time, passed, be engrossed by the Deputy Clerk, signed and sealed by the Mayor. Carried. 16.QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM: 17.CLOSED SESSION ITEMS (UNFINISHED ITEMS): None. 1213 Page of Page 16 of 150 6a) Council Meeting Minutes – October 5, 2011. 18.CONFIRMATION BY-LAW: a) By-Law No. 2011-156 Being a By-Law to Confirm the Proceedings of the Council Meeting Held on Wednesday, October 5, 2011. Motion No. C111005-23 Moved by Meyer, Seconded by Coutanche Be it resolved that By-Law No. 2011-156, being a by-law to confirm the proceedings of the Council meeting held on Wednesday, October 5, 2011 be read a first, second and third time, passed, be engrossed by the Deputy Clerk, signed and sealed by the Mayor. Carried. 19.ADJOURNMENT: a) Motion to Adjourn. Motion No. C111005-24 Moved by Lancaster, Seconded by Crawford Be it resolved that we do now adjourn at 12:47 p.m. Carried. ____________________________ ____________________________ Mayor, H.S. Hughes Deputy Clerk, Janette Teeter 1313 Page of Page 17 of 150 6b) THE TWNSHIPOF ORO-EDONTE OOMM HUMAAN RESOURCES COMMMITTEE Neufeeld Room Thursdaay, Septemmber 29, 20011TIMME: 1:35 p..m. Presentt: Mayor H.S. Hughes DeputyMMayor Hough Robin Duunn, Chief AAdministratiive Officer Tom Gada, Gazda Houlne Asociates Ic. zz,,ssnn Regretss: Councillr Coutance ohh Also Present: None. 1.CALL TO ORDER - PRIVAATE PRAYYER/MOMEENT OF REEFLECTIONN: Robinunn, CAO, assumedhe Chair and called te meeting to order. DDtthh 2.ADOOPTION OFF AGENDA: a) Motion to Adoppt the Agenda. MotionNo. HR1100929-1 Movedy Hughes, Seconded by Hough bb It is recoommendedthat the aggenda for thhe Human RResourcesCommitteee meeting oof Septembber 29, 20111 be receivved and adopted. Carrried. 3.DISCCLOSURE OF PECUNNIARY INTEREST: None dclared. ee 114 Page of Page 18 of 150 6b) Human Resources Committee Minutes – September 29, 2011 4.MINUTES OF COMMITTEE: a) Minutes of Human Resources Committee meeting held on June 29, 2011 Motion No. HR110929-2 Moved by Hough, Seconded by Hughes It is recommended that the draft minutes of the Human Resources Committee meeting held on June 29, 2011, be adopted as printed and circulated. Carried. 5.CLOSED SESSION ITEMS: a) Motion to go In Closed Session. Motion No. HR110929-3 Moved by Hughes, Seconded by Hough It is recommended that we do now go in Closed Session at 1:38 p.m. to discuss • personal matter affecting an identifiable individual. Carried. b) Motion to Rise and Report. Motion No. HR110929-4 Moved by Hughes, Seconded by Hough It is recommended that we do now Rise at 4:14 p.m. Carried. 24 Page of Page 19 of 150 6b) Human Resources Committee Minutes – September 29, 2011 c) Robin Dunn, CAO, re: Personal matters about an identifiable individual (Organizational Review & Staffing). The following staff was present: Robin Dunn, CAO; Tamara Obee, Manager Health & Safety, Human Resources; Tom Gazda, Gazda, Houlne Associates Inc. Motion No. HR110929-5 Moved by Hough, Seconded by Hughes It is recommended that the confidential verbal information presented by Robin Dunn, CAO, re: Personal matters about an identifiable individual (Organizational Review & Staffing) be received. Carried. d) Robin Dunn, CAO, re: Personal matters about an identifiable individual (Labour Relations/CorporateHuman Resources) The following staff was present: Robin Dunn, CAO; Tamara Obee, Manager Health & Safety, Human Resources; Tom Gazda, Gazda, Houlne Associates Inc. Motion No. HR110929-6 Moved by Hughes, Seconded by Hough It is recommended that the confidential draft correspondence presented by Robin Dunn, CAO, re: Personal matters about an identifiable individual (Labour Relations/Corporate Human Resources) be received. Carried. e) Robin Dunn, CAO, re: Personal matters about an identifiable individual (Performance Management). The following staff was present: Robin Dunn, CAO; Tom Gazda, Gazda, Houlne Associates Inc. Motion No. HR110929-7 Moved by Hough, Seconded by Hughes It is recommended that the confidential draft correspondence presented by Robin Dunn, CAO, and Tom Gazda, Gazda, Houlne Associates Inc., re: Personal matters about an identifiable individual (Performance Management) be received. Carried. 34 Page of Page 20 of 150 6b) Human Resources Committee Minutes – September 29, 2011 f) Robin Dunn, CAO, re: Personal matters about an identifiable individual (Council Staff Relations & Enhanced Customer Service). The following staff was present: Robin Dunn, CAO; Tom Gazda, Gazda, Houlne Associates Inc. Motion No. HR110929-8 Moved by Hughes, Seconded by Hough It is recommended that the confidential draft confidential correspondence presented by Robin Dunn, CAO, and Mayor Hughes, re: Personal matters about an identifiable individual (Council Staff Relations & Enhanced Customer Service) be received. Carried. 6.REPORTS OF MUNICIPAL OFFICERS: None. 7.NOTICE OF MOTIONS: None. 8.ADJOURNMENT: a) Motion to Adjourn. Motion No. HR110929-9 Moved by Hough, Seconded by Hughes It is recommended that we do now adjourn at 4:16 p.m. Carried. ____________________________ ____________________________ Deputy Mayor Hough, Co-Chair Robin Dunn, CAO 44 Page of Page 21 of 150 9a) Page 22 of 150 9a) Page 23 of 150 9a) Page 24 of 150 9a) Page 25 of 150 9a) Page 26 of 150 9a) Page 27 of 150 9a) Page 28 of 150 9a) Page 29 of 150 9a) Page 30 of 150 9a) Page 31 of 150 9a) Page 32 of 150 9a) Page 33 of 150 9a) Page 34 of 150 9a) Page 35 of 150 9a) Page 36 of 150 9a) Page 37 of 150 9a) Page 38 of 150 9a) Page 39 of 150 9a) Page 40 of 150 9a) Page 41 of 150 9a) Page 42 of 150 9a) Page 43 of 150 9a) Page 44 of 150 9a) Page 45 of 150 9a) Page 46 of 150 9a) Page 47 of 150 9a) Page 48 of 150 9a) Page 49 of 150 10a) Report No. CAO 2011 Page 50 of 150 10a) Report No. CAO 2011 Page 51 of 150 10b) Page 52 of 150 10c) Page 53 of 150 10c) Page 54 of 150 10d) Andria Leigh, Director of Development Services, memor... Page 55 of 150 10d) Andria Leigh, Director of Development Services, memor... Page 56 of 150 10d) Andria Leigh, Director of Development Services, memor... Page 57 of 150 10d) Andria Leigh, Director of Development Services, memor... Page 58 of 150 10d) Andria Leigh, Director of Development Services, memor... Page 59 of 150 10d) Andria Leigh, Director of Development Services, memor... Page 60 of 150 10d) Andria Leigh, Director of Development Services, memor... Page 61 of 150 10d) Andria Leigh, Director of Development Services, memor... Page 62 of 150 10d) Andria Leigh, Director of Development Services, memor... Page 63 of 150 10d) Andria Leigh, Director of Development Services, memor... Page 64 of 150 10d) Andria Leigh, Director of Development Services, memor... Page 65 of 150 10d) Andria Leigh, Director of Development Services, memor... Page 66 of 150 10d) Andria Leigh, Director of Development Services, memor... Page 67 of 150 10d) Andria Leigh, Director of Development Services, memor... - between - - and - 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 June 2011 By-Law No. **** Page 68 of 150 10d) Andria Leigh, Director of Development Services, memor... TABLE OF CONTENTS Section 1 Covenants by the Owner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co-operation Section 8 Binding Effect Section 9 Severability of Clauses Section 10 Save Harmless Section 11 Certificate of Approval SCHEDULES Schedule “A” Legal Description of Lands Schedule “B” Site Plan Schedule “C” Deeds and Easements to be Conveyed Schedule “D” Itemized Estimate of Cost of Construction 2 Page 69 of 150 10d) Andria Leigh, Director of Development Services, memor... SITE PLAN CONTROL AGREEMENT This Agreement made, in triplicate, this day of accordance with Section 41 of the Planning Act. B E T W E E N :2133005 ONTARIO LIMITED. Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro-Medonte to permit 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 designatio 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 Page 70 of 150 10d) Andria Leigh, Director of Development Services, memor... 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in Schedule “A”, 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 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 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 involved to the Township in having its solicitor, engineer, plan 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”, unles stated otherwise. The refundable deposit for expenses and actual cost shall be $5000.00. The Owner shall replenish the refundable deposit, to its full am when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers 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 receipt, processing, temporary storage and transfer of solid, non-hazardous construction and demolition waste (wood, concrete, drywall, glas 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 Page 71 of 150 10d) Andria Leigh, Director of Development Services, memor... 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 conditi 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 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 cont development on the lands. All metal scrap and associated refus fenced compound shall be removed on a weekly basis. f) Garbage Collection The Owner acknowledges and agrees that any Industrial, Commerci 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 respon garbage and recycling disposal. g) Landscaping The Owner shall complete all landscaping and landscaped areas s Site Plan, attached as Schedule “B”, as soon as weather permits 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 sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during construction. The Owner agrees t erosion and siltation control devices in good repair until vegetative cover has been successfully established. 5 Page 72 of 150 10d) Andria Leigh, Director of Development Services, memor... i) Fire Routes The Owner shall construct and maintain fire routes and signage f 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, 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 rece temporary storage and transfer of solid, non-hazardous construction and demolition (C & D0 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. l) Lake Simcoe Region Conservation Authority That the owner agrees to carry out or cause to be carried out th 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 sh 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, 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 Page 73 of 150 10d) Andria Leigh, Director of Development Services, memor... guaranteed period of one (1) year, or such time as the Township 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 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 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 i 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 t 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 Agreeme 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 Page 74 of 150 10d) Andria Leigh, Director of Development Services, memor... 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, suit 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 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 8 Page 75 of 150 10d) Andria Leigh, Director of Development Services, memor... SCHEDULE “A” NOTE: It is understood and agreed that this Schedule forms part of the 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 Page 76 of 150 10d) Andria Leigh, Director of Development Services, memor... NOTE: It is understood and agreed that this Schedule forms part of the 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 C-01 Existing Conditions Site Plan June 1, 2011 and received by 2011. Prepared by Conestoga-Rovers & Associates Accepted for con Approved for construction June 7, 2011. C-02 Site Layout Plan June 1, 2011 and received by the Township Prepared by Conestoga-Rovers & Associates Accepted for construct construction June 7, 2011. C-03 Grading and Drainage Plan June 1, 2011 and received by the 2011. Prepared by Conestoga-Rovers & Associates Accepted for con Approved for construction June 7, 2011. C-04 Sediment and Erosion Control Staging Plan June 1, 2011 and Township on June 7, 2011. Prepared by Conestoga-Rovers & Associa construction, Approved for construction June 7, 2011. C-05 Excavation for Foundation June 1, 2011 and received by the 2011. Prepared by Conestoga-Rovers & Associates Accepted for con Approved for construction June 7, 2011. C-06 Site Servicing Plan. June 1, 2011 and received by the Towns Prepared by Conestoga-Rovers & Associates Accepted for construct construction June 7, 2011. C-07 Final Grading Plan. June 1, 2011 and received by the Townsh Prepared by Conestoga-Rovers & Associates Accepted for construct construction June 7, 2011. C-08 Sections. June 1, 2011 and received by the Township on June Conestoga-Rovers & Associates Accepted for construction, Approve June 7, 2011. C-09 Water Supply and Septic System Details June 7, 2011 and rec on June 7, 2011. Prepared by Conestoga-Rovers & Associates Accep construction, Approved for construction June 7, 2011. C-10 Miscellaneous Details 1 of 2 June 1, 2011 and received by t 2011. Prepared by Conestoga-Rovers & Associates Accepted for con Approved for construction June 7, 2011. C-11 Miscellaneous Details 2 of 2 June 1, 2011 and received by t 2011. Prepared by Conestoga-Rovers & Associates Accepted for con Approved for construction June 7, 2011. C-12 Landscaping Plan. June 1,2011 and received by the Township Prepared by Conestoga-Rovers & Associates Accepted for construct construction June 7, 2011. A-01 Architectural OBC Data Matrices. January 4, 2011 and receiv January 6, 2011Notes and Details. Prepared by Conestoga-Rovers Accepted for construction, Approved for construction and date (t 10 Page 77 of 150 10d) Andria Leigh, Director of Development Services, memor... A-02 Architectural Schedule and Notes. January 4, 2011 and rece January 6, 2011Notes and Details. Prepared by Conestoga-Rovers Accepted for construction, Approved for construction at issuance A-03 Sorting Building Floor Plan and Sections. January 4, 2011 a Township on January 6, 2011Notes and Details. Prepared by Cones Associates Accepted for construction, Approved for construction permit. A-04 Storage Building Floor Plan and Section. January 4, 2011 an Township on January 6, 2011Notes and Details. Prepared by Cones Associates Accepted for construction, Approved for construction permit. A-05 Storage Building Elevations. January 4, 2011 and received b January 6, 2011Notes and Details. Prepared by Conestoga-Rovers Accepted for construction, Approved for construction at issuance A-06 Storage Building Elevations. January 4, 2011 and received b January 6, 2011Notes and Details. Prepared by Conestoga-Rovers Accepted for construction, Approved for construction at issuance A-07 Plans, Section and Details. January 4, 2011 and received by 6, 2011Notes and Details. Prepared by Conestoga-Rovers & Associ construction, Approved for construction at issuance of building A-08 Architectural Standard Details Sheet 1 of 2. January 4, 201 Township on January 6, 2011Notes and Details. Prepared by Cones Associates Accepted for construction, Approved for construction permit. A-09 Architectural Standard Details Sheet 2 of 2. January 4, 201 Township on January 6, 2011Notes and Details. Prepared by Cones Associates Accepted for construction, Approved for construction permit. S-01 Structural Notes. January 4, 2011 and received by the Town 2011Notes and Details. Prepared by Conestoga-Rovers & Associate construction, Approved for construction at issuance of building S-02 Sorting Building Foundation and Slab Floor Plans. January 4 Township on January 6, 2011Notes and Details. Prepared by Cones Associates Accepted for construction, Approved for construction permit. S-03 Storage Building Foundation and Slab Floor Plans. January 4 the Township on January 6, 2011Notes and Details. Prepared by C Associates Accepted for construction, Approved for construction permit. S-04 Foundation Plans and Footing Schedule. January 4, 2011 and Township on January 6, 2011Notes and Details. Prepared by Cones Associates Accepted for construction, Approved for construction permit. S-05 Foundation Plans and Details. January 4, 2011 and received January 6, 2011Notes and Details. Prepared by Conestoga-Rovers Accepted for construction, Approved for construction at issuance S-06 Sorting Building Mezzanine Frame Plan. January 4, 2011 and Township on January 6, 2011Notes and Details. Prepared by Cones Associates Accepted for construction, Approved for construction permit. 11 Page 78 of 150 10d) Andria Leigh, Director of Development Services, memor... S-07 Structural Standard Details. January 4, 2011 and received b 6, 2011Notes and Details. Prepared by Conestoga-Rovers & Associ construction, Approved for construction at issuance of building M-01 Sorting Building Mechanical Floor Plan. January 4, 2011 and on January 6, 2011Notes and Details. Prepared by Conestoga-Rove Accepted for construction, Approved for construction at issuance M-02 Sorting Building Mechanical Sections and Details. January 4 Township on January 6, 2011Notes and Details. Prepared by Cones Associates Accepted for construction, Approved for construction permit. M-03 Storage Building Mechanical Floor Plan. January 4, 2011 and Township on January 6, 2011Notes and Details. Prepared by Cones Associates Accepted for construction, Approved for construction permit. E-01 Electrical Site Plan. January 4, 2011 and received by the T 2011Notes and Details. Prepared by Conestoga-Rovers & Associate construction, Approved for construction at issuance of building E-02 Sorting Building Electrical Power Plan. January 4, 2011 and on January 6, 2011Notes and Details. Prepared by Conestoga-Rove Accepted for construction, Approved for construction at issuance E-03 Sorting Building Lighting Plan and Building Services. Janua the Township on January 6, 2011Notes and Details. Prepared by C Associates Accepted for construction, Approved for construction permit. E-04 Storage Building Lighting Plan. January 4, 2011 and receive January 6, 2011Notes and Details. Prepared by Conestoga-Rovers Accepted for construction, Approved for construction at issuance E-05 Electrical Schedules and Details. January 4, 2011 and recei January 6, 2011Notes and Details. Prepared by Conestoga-Rovers Accepted for construction, Approved for at issuance of building Site Plan is not in a registerable form and is available from th 12 Page 79 of 150 10d) Andria Leigh, Director of Development Services, memor... NOTE: It is understood and agreed that this Schedule forms part of the 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. Two Dollars ($2.00) The consideration for all conveyances shall be the sum of 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: LANDS TO BE CONVEYED TO THE TOWNSHIP 1.0 N/A DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP 2.0 N/A 13 Page 80 of 150 10d) Andria Leigh, Director of Development Services, memor... NOTE: It is understood and agreed that this Schedule forms part of the 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 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 Be Confirmed to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. 14 Page 81 of 150 10d) Andria Leigh, Director of Development Services, memor... 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Page 98 of 150 10e) Report No. CS 2011 Page 99 of 150 10e) Report No. CS 2011 Page 100 of 150 10e) Report No. CS 2011 Page 101 of 150 10e) Report No. CS 2011 Page 102 of 150 10e) Report No. CS 2011 Page 103 of 150 10e) Report No. CS 2011 Page 104 of 150 10e) Report No. CS 2011 Page 105 of 150 10e) Report No. CS 2011 Page 106 of 150 10e) Report No. CS 2011 Page 107 of 150 10e) Report No. CS 2011 Page 108 of 150 10e) Report No. CS 2011 Page 109 of 150 10e) Report No. CS 2011 Page 110 of 150 10e) Report No. CS 2011 Page 111 of 150 10e) Report No. CS 2011 Page 112 of 150 10e) Report No. CS 2011 Page 113 of 150 10e) Report No. CS 2011 Page 114 of 150 10e) Report No. CS 2011 Page 115 of 150 10e) Report No. CS 2011 Page 116 of 150 10e) Report No. CS 2011 Page 117 of 150 10f) Report No. RC 2011 Page 118 of 150 10f) Report No. RC 2011 Page 119 of 150 10f) Report No. RC 2011 Page 120 of 150 10f) Report No. RC 2011 Page 121 of 150 10g) Report No. RC 2011 Page 122 of 150 10g) Report No. RC 2011 Page 123 of 150 10g) Report No. RC 2011 Page 124 of 150 10g) Report No. RC 2011 Page 125 of 150 10g) Report No. RC 2011 Page 126 of 150 Report No. CSI 2011 Page 127 of 150 Report No. CSI 2011 Page 128 of 150 Report No. CSI 2011 Page 129 of 150 Report No. CSI 2011 Page 130 of 150 10i) Page 131 of 150 Donna Hewitt, Director of Corporate & Strategic Initi... Page 132 of 150 Donna Hewitt, Director of Corporate & Strategic Initi... Page 133 of 150 11a) 1 / 11 - Tuesdayy, October 4, 2011 Souurce: BY SZANNETKINSON,ONTARI FARMER UUAAOO Section: Page: BusiessC14 nn Teed -Burned. That's ow this mnicipality is feeling ater livestok compenation clais it wwhhuuffccssmm appoved and aid, were denied by MAFRA. rrppOO AAnd to ensurre there's nno repeat, aa motion is eexpected too be circulaated throughhout Ontariio sugggesting that municipalities be remmoved from the livestoock valuatioon process aand that livestock clais be approved by a provincialaluer." mm""vv CCouncillor Don DeGenoova told couuncil earlierr this monthh that he intends to alsso present a motion sugggesting thiss municipaliity withhold payment oof livestock claims untiil they are aapproved by the miniistry. Between Maarch and June five claims were appproved byy the municiipality's valuer and paid, only to beddenied by thhe Ministry of Agricultuure and Rural Affairs. TThe municiipality is reqquesting a recoonsiderationn of reimbursement. Between th 24th of June and Jul 17th the unicipalit approved $2,300 in olf kill clams on a eeyymmyywwii calfand two coows. It is considered a high risk area for preddation. Teed-Huner ford ha invited OAFRA to meeting late next month to revew the ne wwggssMMaaoiiww copensationprogram wth council, staff, valurs and farers. mmieemm CCouncillor DeGenova's motion sayys that becaause the saame claim rreport goess to the munnicipality andthe provine, that the municipaliy's involvement is "redundant." cctt HHe suggestss instead that the claimm go directlyy to OMAFRRA for approval by a ""provincialvvaluer," with compenstion generted directl from the inistry though its wildlife damge progra. aaaayymmrraamm HHe points ouut in his motion that muunicipalitiess are requirred to "pay animal valuuer report cclaims direcctly," and thhen apply foor reimburssement fromm OMAFRAA "who in tuurn have thee option to deny such claimms althoughh the claim has been ppaid by the municipalitty." The Junne 2011 Wildlife Damaage copensationprogram stipulates tht farmers ustaining loss be pai within 20 days of thir claim mmaassddee beig approve by a valur. nnddee AAnd he sayss the municiipalities "arre not approopriately coompensatedd to cover aall related eexpenses andmust do soo at the exppense of muunicipal taxxpayers." DDeGenovassays sometimes reimbursementffrom OMAFFRA to the mmunicipalityy can take ""several monnths from thhe time of payment (byy the municcipality to thhe farmer)... or may noot be made at all if the Miniistry determmines the appplication inneligible." So he suggsts that compensatio to livestok owners e withhel by the mnicipality until eennccbbdduu conffirmation haas been commmunicated from OMAAFRA that a claim will be approvved. Page 134 of 150 12b) Correspondence dated September 27, 2011 from Sharron From: Sharron-Ann Reynolds Sent: Tuesday, September 27, 2011 9:30 PM To: Hughes, Harry Subject: Bully Awareness Week 2011 Please scroll down for inquiry text Survey Response: Contact Form Oro-Medonte Response GUID: e989cb96-a2e0-45da-bd85-96177bcd7cdc Started: 9/27/2011 9:21:00 PM Completed: 9/27/2011 9:30:00 PM Page 1 1) Name hughes Page 2 2) Your Name Sharron-Ann Reynolds 3) Phone Number 4) Your E-mail Addresssharron-ann@iamasmartkid.org 5) Subject Bully Awareness Week 2011 6) Inquiry To the Office of Mayor Harry Hughes I am a SMART kid is asking Mayor Hughes to Proclaim Nov 13-19, 2011 as Bully Awareness Week WHEREAS, there are many people in Oro-Medonte who have lived with, or are living with bullying, and WHEREAS, bullying is a learned behaviour and occurs in more environments that just the school yard, and WHEREAS, bullying is not confined to children only, and WHEREAS, individuals and communities have the power to prevent bullying before it becomes a problem. NOW THEREFORE, I ___________________ hereby Proclaim “Oro-Medonte”, a community striving to be Bully Free I call upon citizens to recognize bullying for the societal problem that it is. I call upon you to make a difference by Raising Awareness. I call upon you to encourage all Canadians to help make our country bully free. In witness whereof, I have here unto set my hand this _____ Day of ____________, 20____ ______________________________________ Mayor’s Name, Community’s Name You can learn more at http://www.bullyingawarenessweek.org If you require further information visit http://iamasmartkid.org please do not hesitate to contact me directly Thank-You Sharron-Ann Reynolds, Founder of SMART Page 135 of 150 13a) Correspondence dated September 27, 2011 from Sandra T... Page 136 of 150 13a) Correspondence dated September 27, 2011 from Sandra T... Page 137 of 150 13a) Correspondence dated September 27, 2011 from Sandra T... Page 138 of 150 15a) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO.2011-157 A By-law to authorize the execution of a Tax Arrears Extension Agreement WHEREAS The Corporation of the Township of Oro-Medonte has registered on the 15th day of July, 2011 a tax arrears certificate against the land described in Schedule “A” attached hereto and forming part of this By-Law. AND WHEREAS Section 378 of the Municipal Act, 2001, S.O., 2001, C.25 as amended provides that a municipality may by By-law authorize an agreement with the owner of such land to extend the period of time, which the cancellation price payable on the land is to be paid. NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: THAT 1. an agreement be entered into by the Corporation with the owners of the land described in Schedule “A” to extend the time period in which the cancellation price th payable on this land is to be paid beyond July 15, 2011. THAT 2. the agreement be substantially the same form and contain the same terms and conditions as set out in Schedule “B” attached hereto and forming part of this by-law. THAT 3. the Mayor and Clerk be authorized to enter into the agreement on behalf of the Corporation. 4. This by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 12TH DAY OF OCTOBER, 2011. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 139 of 150 15a) A By Schedule “A” to By-law No. 2011-157 for The Corporation of the Township of Oro-Medonte Description of the land: Roll # 43 46 020 002 07102 CON 5 W PT LOT 12 51R620 PART 1 Page 140 of 150 15a) A By Schedule “B” to By-law No. 2011-157 for The Corporation of the Township of Oro-Medonte th THIS AGREEMENT made in triplicate the 12 day of October, 2011. BETWEEN THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the “Corporation” and Hereinafter called the “Owner” WHEREAS the owner is the owner of the land in the Township of Oro-Medonte described in Schedule “A” attached hereto and forming part of this agreement. AND WHEREAS the said land is in arrears of taxes on the 16th day of September, 2011 in the amount of $9,177.92 and a tax arrears certificate was registered in the Registry Office on the 15th day of July, 2011 in respect of the said land. AND WHEREAS pursuant to Section 378 of the Municipal Act, 2001, S.O. 2001, C.25 as amended a municipality may by By-law, authorize an extension agreement be entered into by the Corporation with the landowner to extend the period of time in which the cancellation price in respect to the said land is to be paid NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and of the covenants and obligations hereinafter contained, it is hereby agreed as follows: 1. The Owner agrees to pay to the Corporation the sum of $350.00 (three hundred fifty) dollars monthly, commencing on the 15th day of November, 2011 to and including the 15th day of November, 2020. 2. In addition to paying the amounts provided for in Clause 1, the Owner agrees to pay all taxes levied on the land as they become due during the tenor of this Agreement. 3. Notwithstanding any of the provisions of this Agreement, the Municipal Act, 2001, S.O. 2001, C.25, as amended, shall continue to apply to the collection and enforcement of all tax arrears and all taxes except that the Treasurer and the collector of taxes of the Corporation, without waiving the statutory rights and powers of the municipality or of the Treasurer, shall not enforce collections of such tax payments, except as set out in Clauses 1 and 2, during the time the Agreement is in force so long as the Owner is not in default hereunder. 4. In the event the Owner defaults in any payments required by this Agreement, this Agreement upon notice being given to the Owner by the Corporation, shall be terminated and the Owner shall be placed in the position he or she was before this Agreement was entered into. In the event of a default, this Agreement shall cease to be considered a subsisting agreement on the day that the notice of termination is sent to the Owner. 5. Immediately upon the Owner making all the payments required under paragraphs 1 and 2, this Agreement shall be terminated and, the Treasurer shall forthwith register a tax arrears cancellation certificate in respect of the said land. 6. Notwithstanding the provisions of paragraphs 1 and 2, the Owner and any other person may at any time pay the balance of the cancellation price and upon receipt of the aforesaid payment by the Corporation, this Agreement shall terminate and the Treasurer shall forthwith register a tax arrears cancellation certificate. Page 141 of 150 15a) A By Page 2 Schedule “B” By-Law No. 2011-157 7. This Agreement shall extend to and be binding upon and ensure to the benefit of the Parties and to their respective heirs, successors and assigns. 8. If any paragraph or part of paragraphs in this Agreement be illegal or unenforceable, it or they shall be considered separate and severable from the Agreement and the remaining provisions of the Agreement shall remain in force and effect and shall be binding upon the Parties hereto as though the said paragraph or paragraphs or part or parts of paragraphs had never been included. 9. Any notice required to be given to the Owners hereunder shall be sufficiently given if sent by registered post to the Owners at the following address: Box 512 RR 1 Victoria Harbour, ON L0K 2A0 In WITNESS WHEREOF the Owners has hereunto set his hand and seal and the Corporation has caused its Corporate Seal to be hereunto affixed, attested by its proper Officers. SIGNED, SEALED AND DELIVERED IN THE PRESENCES OF ________________________________ _________________________________ Witness Mayor, H.S. Hughes ________________________________ _________________________________ Witness Clerk, J. Douglas Irwin _________________________________________________________________ Witness Shannon Stewart Page 142 of 150 15b) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2011-159 A By-law to Authorize the Execution of an Agreement Between The Corporation of the Township of Oro-Medonte and The Couchiching Conservancy 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 has agreed to transfer the unopened road allowance described as Part Lot 2, Range 2 (Oro), designated as Parts 3, 4 and 7 on Plan 51R-37583 and Part 2 on Plan 51R-37762, all in the Township of Oro-Medonte, County of Simcoe, to The Couchiching Conservancy; AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte did establish conditions with respect to the transfer of the said lands, as documented in Motion No. CW080618-39; AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte does now deem it expedient to enter into an Agreement, which stipulates the said conditions, with The Couchiching Conservancy; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That the Mayor and Clerk are hereby authorized to execute the Agreement between The Corporation of the Township of Oro-Medonte and The Couchiching Conservancy attached hereto as Schedule “A” and forming part of this By-Law. 2. That this by-law shall take effect on the final passing thereof. TH BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 12 DAY OF OCTOBER, 2011. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE __________________________ Mayor, H.S. Hughes __________________________ Clerk, J. Douglas Irwin Page 143 of 150 15b) A By Page 144 of 150 15b) A By Page 145 of 150 15c) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2011-160 A By-law to authorize the Sale of Surplus Land Part of Lot 2, Range 2, (geographic Township of Oro), designated as Parts 3, 4 and 7, Plan 51R-37583, and Part 2, Plan 51R-37762, Township of Oro-Medonte, County of Simcoe, being Part of PIN 58555-0018 (LT) WHEREAS Section 270 ofthe Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes a Council of a municipality to sell or otherwise dispose of land in accordance with policies adopted and maintained by the municipality in respect thereof; th AND WHEREAS Council passed By-law No. 2007-083 on the 18 day of July, 2007, being a By-law to establish a policy/procedure with respect to the sale and other disposition of land; AND WHEREAS Council has previously caused notice to be given of its intentio the lands described in Schedule “A” attached hereto and forming part of this by-law, in accordance with the requirements set out in By-law 2007-083, as amended; AND WHEREAS Council has determined that the said lands are not required for municipal purposes, and has by Resolution Number C110817-17 declared the lands described as Part of Lot 2, Range 2, (geographic Township of Oro), designated as Parts 3, 4 and 7, Plan 51R-37583, and Part 2, Plan 51R-37762, Township of Oro-Medonte, County of Simcoe, being Part of PIN 58555-0018 (LT), described in Schedule “A” attached hereto, to be surplus to the needs of the municipality; AND WHEREAS Council has received no notice of objection to the proposed sale of land from any party; AND WHEREAS pursuant to procedural By-law 2007-083, the Clerk of the Township of Oro-Medonte did cause a Notice of the proposed by-law to sell the land described as Part of Lot 2, Range 2, (geographic Township of Oro), designated as Parts 3, 4 and 7, Plan 51R-37583, and Part 2, Plan 51R-37762, Township of Oro-Medonte, County of Simcoe, being Part of PIN 58555-0018 (LT), to be published in newspapers of local circulation, a copy of which is attached as Schedule “B” and forms part of this by-law; AND WHEREAS the proposed by-law came before Council of The Corporation of The th Township of Oro-Medonte for consideration at its meeting on the 12 day of October, 2011, and at that time Council received no notice of objection to the proposed sale of land from any party; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. Authorization of Sale – Council does hereby authorize the sale of land described as Part of Lot 2, Range 2, (geographic Township of Oro), designated as Parts 3, 4 and 7, Plan 51R-37583, and Part 2, Plan 51R-37762, Township of Oro- Medonte, County of Simcoe, being Part of PIN 58555-0018 (LT), to The Couchiching Conservancy. Page 146 of 150 15c) A By 2. Sale Price and Consideration – In accordance with By-law 2007-083, as amended, Council hereby sets the sale price for land designated Description of Land Land Sale Price Part of Lot 2, Range 2, (geographic Nominal consideration ($2.00) Township of Oro), designated as Parts 3, 4 and 7, Plan 51R-37583, and Part 2, Plan 51R-37762, Township of Oro- Medonte, County of Simcoe, being Part of PIN 58555-0018 (LT) In addition to the land sale price the transferee is responsible administrative costs incurred by the Township of Oro-Medonte, associated with the transfer. Such administrative costs include advertising, legal fees and disbursements. The associated survey costs shall be shared proportionately, based on area, between the transferor and transferee. 3. Execution of Documents – The Mayor and Clerk are hereby authorized to sign all documents to carry out the intent of this By-law. TH BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 12 DAY OF OCTOBER, 2011. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ___________________________ Mayor, H.S. Hughes ___________________________ Clerk, J. Douglas Irwin Page 147 of 150 15c) A By Schedule “A” to By-law No. 2011-160 for The Corporation of the Township of Oro-Medonte Part of Lot 2, Range 2, (geographic Township of Oro), designated as Parts 3, 4 and 7, Plan 51R-37583, and Part 2, Plan 51R-37762, Township of Oro-Medonte, County of Simcoe, being Part of PIN 58555-0018 (LT) Page 148 of 150 15c) A By Scchedule“B” tto By-laww No. 20011-160ffor TheCorporaation of tthe Townnship off Oro-Meedonte NOTICE OOF PROPPOSED SAALE OF LAND BBY-LAW TAKEE NOTICEE that thee Townshhip of Oroo-Medontee proposees to pass a By-laww to sell ssurplus land, in the Toownship oof Oro-Meedonte, CCounty of Simcoe,more parrticularlyddescribedd in Scheddule “A” hhereto. AND FURTHEER TAKEE NOTICEE that the proposedd By-Laww will comme before the Counncil of the Toownship of Oro-Medonte aat its regular meetinng to be hheld at thhe Counciil Chambers on th the 122 day off Octoberr, 2011 att 7:00 p.mm. and at that time Council wwill hear in personn or by his/heer counseel, solicitoor or agennt, any peerson whoo claims tthat his/her land wwill be prejuddicially afffected byy the By-law. Any person wwishing too be hearrd or make commeent on the prroposed ssale shall provide the undeersigned wwith eitheer a written applicaation to bee heard or wriitten commment no later thann 12:00 noon on OOctober 6, 2011. TH DATEED AT THHE TOWNNSHIP OF ORO-MMEDONTE THIS 229 DAY OF SEPTEMBERR, 2011 J. Douglas Irwwin, Clerk,, Township of Oro-Medontee 148 LLine 7 South, Box 100, Oro, ON L0LL 2X0 Faxx: (705) 487-01333 SCCHEDULEE “A” Sale: Lands ddescribed as Part LLot 2, Range 2 (Oro), desiggnated ass Parts 3, 4 and 7 on Plan 51R-375883 and Part 2 on PPlan 51R-37762, TTownshipp of Oro-MMedonte, County oof Simcooe. Page 149 of 150 18a) Being a ByLaw to Confirm the Proceedings of the Coun... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2011-158 Being a By-Law to Confirm the Proceedings of the Council Meeting Wednesday, October 12, 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, October 12, 2011, and in respect to each Motion, Resolution and 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. TH BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 12 DAY OF OCTOBER, 2011. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE __________________________ Mayor, H.S. Hughes __________________________ Clerk, J. Douglas Irwin Page 150 of 150