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03 28 2012 Council AgendaTHE TOWNSHIP OF OROMEDONTE COUNCIL MEETING AGENDA COUNCIL CHAMBERS Wednesday, March 28, 2012  6:00 p.m. Closed Session 6:30 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. [Addenda] 5.IDENTIFICATION FROM THE PUBLIC OF AN AGENDA ITEM OF INTEREST: 6.MINUTES OF COUNCIL AND COMMITTEES: 7-23 a) 24-32 b) March 21, 2012. 33-49 7.RECOGNITION OF ACHIEVEMENTS: 50 a)Correspondence dated March 15, 2012 from A.J. (Andy) Mayo, Detac Commander, Ontario Provincial Police, re: Lake Simcoe Ice / Wate 51-56 b)Recognition of First Responders involved in Lake Simcoe Ice / Wa March 9, 2012. 8.PUBLIC MEETINGS: 57-58 a)7:00 p.m.  Proposed Zoning ByLaw Amendment, Application 2012ZBA01, Concession 10, West Part of Lot 23, municipally known as 865 Rid Page 1 of 330 - March 28, 2012. Page 8.PUBLIC MEETINGS: 59-60 b)7:00 p.m.  Proposed Zoning ByLaw Amendment, Application 2012ZBA02, Concession 7, East Part of Lot 16, municipally known as 36 Moons 9.DEPUTATIONS: 61 a)Appreciation with respect to Lake Simcoe Ice / Water Rescue, Mar 10.REPORTS OF MUNICIPAL OFFICERS: 62-67 a) 68-83 b)Report No. DS2012016, Andria Leigh, Director of Development Services, law Amendment Application 2011ZBA Robert, and Brian Rix) Concession 14, East Part of Lot 6, 1922 W Sideroad (Medonte), Township of Oro 84-93 Report No. DS2012017, Andria Leigh, Director of Development Services re: Site Plan Agreements (Democrat Maplewood Limited) 2012SPA03, Lot 4, Plan 51M957, Being all of PIN 585330228 LT; 2012SPA05, Lot 10, Plan 51M957, Being all of PIN 585330234 LT; 2012SPA10, Lot 11, Plan 51M 957, Being all of PIN 585330235 LT; 2012SPA06, Lot 99, Plan 51M957, Being all of PIN 585330323 LT; 2012SPA07, Lot 123, Plan 51M957, Being 94-96 d)Report No. DS2012018, Andria Leigh, Director of Development Services, ––5718 Line 5 North – 97-134 e)Report No. TES2012 Medonte Drinking Water Systems –January 1st to December 31st, 2011. 135-146 Report No. TES2012 – 147-153 g)Report No. TES2012 154-160 Report No. TES2012 161-164 i)Report No. RC2012 165-168 Report No. RC2012 Page 2 of 330 - March 28, 2012. Page 11.REPORTS OF MEMBERS OF COUNCIL: 12.CONSENT AGENDA: a) 169-178 b) 179-180 Correspondence dated March 1, 2012 from Madeleine Meilleur, Mini Parties. 181 d)Correspondence received March 9, 2012 from Catherine Blakely, Te Greater Simcoe, re: Letter of Appreciation. 182-192 e)Correspondence dated March 12, 2012, Ontario Municipal Board, re Decision  2012B09 (William and Loretta Crawford), 432 Line 7 South, Concession 7, Lot 23. 193-205 Correspondence dated March 13, 2012 from Leo J. Cusumano, Presid Ontario Building Officials Association, re: OBOA Strategic Plan 206 g)Correspondence dated March 13, 2012 from Chris D. Lewis, Commiss Ontario Provincial Police, re: Policing Costs. 207 Correspondence received March 22, 2012 from Lynda Whiston, Orill 13.COMMUNICATIONS: 208 a)Correspondence dated February 29, 2012 from Elizabeth Dunn, re: County Off Road Riders Association Request for Temporary Road Ac 209-213 b)Correspondence dated March 9, 2012 from Joshua Morgan, MORGAN Medonte, 1922 Warminster Sideroad, 2011ZBA 214-215 Correspondence dated March 9, 2012 from John Dance, Superintende Facilities Services, Simcoe County District School Board, re: Re 216-217 d)Correspondence dated March 12, 2012 from Linda Collins, Mayor, T Sawing Contest Page 3 of 330 - March 28, 2012. Page 13.COMMUNICATIONS: 218-219 e)Correspondence dated March 16, 2012 from R. Wayne Young, Simcoe County Road Supervisors Association, re: Simcoe County Truck Roa Competition 220 Correspondence received March 22, 2012 from Sheila Craig, re: Cr 14.NOTICE OF MOTIONS: 15.BY-LAWS: 221-256 a)Law No. 2012045Being a By Medonte RC201201). 257-268 b)Law No. 2012049A By Medonte and Democrat Maplewood Limited described as lands as follows: Lot 4, Plan 51M957, as in 585330228 LT ROLL # 434601000326504 Township of Oro 269-270 Law No. 2012050A By described as follows: Lot 4, Plan 51M957 434601000326504. 271-282 d)Law No. 2012051A By Medonte and Democrat Maplewood Limited described as lands as follows: Lot 10, Plan 51M957, as in 585330234 LT ROLL # 434601000326510 Township of Oro 283-284 e)Law No. 2012052A By described as follows: Lot 10, Plan 51M957 434601000326510 285-296 Law No. 2012053A By Medonte and Democrat Maplewood Limited described as lands as follows: Lot 99, Plan 51M957, as in 585330323 LT ROLL Page 4 of 330 - March 28, 2012. Page 15.BY-LAWS: # 434601000326599 Township of Oro 297-298 g)Law No. 2012054A By described as follows: Lot 99, Plan 51M957 434601000326599. 299-310 Law No. 2012055A By Medonte and Democrat Maplewood Limited described as lands as follows: Lot 123, Plan 51M957, as in 585330347 LT ROLL # 434601000326623 Township of Oro 311-312 i)Law No. 2012056A By described as follows: Lot 123, Plan 51M957 434601000326623 313-324 Law No. 2012059A By Medonte and Democrat Maplewood Limited described as lands as follows: Lot 11, Plan 51M957, as in 585330235 LT ROLL # 434601000326511 Township of Oro 325-326 Law No. 2012060A By described as follows: Lot 11, Plan 51M957 434601000326511. 327-328 Law No. 2012064A By described as follows: Concession 5, East Part of 010007 09202. 329 Law No. 2012065A Bylaw to Appoint an Acting Fire Chief [to be 16.QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM: 17.CLOSED SESSION ITEMS (UNFINISHED ITEMS): 18.CONFIRMATION BY-LAW: Page 5 of 330 - March 28, 2012. Page 18.CONFIRMATION BY-LAW: 330 a)Law No. 2012063Being a ByLaw to Confirm the Proceedings of the 2012. 19.ADJOURNMENT: a) Page 6 of 330 6a) THE TOOWNSHIPOF ORO-MMEDONTE REGULAR COUNCIIL MEETINNG MINUTEES CouncilChamberss Wednessday, Marcch 14, 20122TIMME: 4:06 p..m. 2010 - 22014 COUNNCIL Presentt: MayorH.S. Hughees Deputyy Mayor Ralph Hough Councllor Mel Cutanche iioo Councllor Kelly eyer iiMM Councllor Marty ancaster iiLL Counciillor John CCrawford Counciillor Dwightt Evans Staff RobinDDunn, Chieef Administrrative Officeer; Paul Graavelle, Direector of Presentt: Finance/Treasureer/DeputyCCAO; Doug Irwin, Direcctor of Corpporate Servics/Clerk; Adria Leig, Director f Developent Servies; Jerry eennhhoommcc Ball, Director of Transportatin and Enironmental Services; Donna oovvl Hewitt, Director o Corporat & Strategic Initiative; Shawn inns, Diretor ffeeissBBcc of Recrreation andd Communitty Servicess; Samah OOthman, Exeecutive Assistaant, Corporaate Commuunications SSpecialist Also PaulMMarshall, Joaanna McEwwan, Ann Trruyens, Gaarth Danielss, Jenna Presentt: Hooper, Thomas Hopper, Jaayne, Hoopeer, Colin Hoooper, Susaan Woods, Gord Sue Roene &&hhr 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 117 Pageoof Page 7 of 330 6a) Council Meeting Minutes – March 14, 2012. 2.ADOPTION OF AGENDA: a) Motion to Adopt the Agenda. Motion No. C120314-1 Moved by Coutanche, Seconded by Meyer Be it resolved that the agenda for the Council meeting of Wednesday, March 14, 2012 be received and adopted. Carried. 3.DISCLOSURE OF PECUNIARY INTEREST: None declared. 4.CLOSED SESSION ITEMS: a) Motion to go In Closed Session. Motion No. C120314-2 Moved by Crawford, Seconded by Lancaster Be it resolved that we do now go in Closed Session at 4:07 p.m. to discuss • personal matter affecting an identifiable individual; • litigation affecting the municipality; • solicitor-client privilege. Carried. 217 Page of Page 8 of 330 6a) Council Meeting Minutes – March 14, 2012. b) Motion to Rise and Report. Motion No. C120314-3 Moved by Meyer, Seconded by Coutanche Be it resolved that we do now Rise at 6:20 p.m. and Recess until 7:00 p.m. at which time we shall Report on the Closed Session Items 4 c) Robin Dunn, CAO, re: Personal matters about an identifiable individual (Performance Management). d) Robin Dunn, CAO, re: Litigation affecting the municipality (Legal Services). e) Robin Dunn, CAO, re: Solicitor-Client Privilege (Legal Opinion – Municipal Service Corporation). f) Andria Leigh, Director of Development Services re: Litigation affecting the municipality (Craighurst Secondary Plan). Carried. Council reconvened at 7:02 p.m. c) Robin Dunn, CAO, re: Personal matters about an identifiable individual (Performance Management). The Clerk delegated his authority under Section 228(4) of the Municipal Act, S.O. 2001, c.25, as amended, with regard to the Closed Session discussion of the March 14, 2012 Council Meeting, Agenda Item 4c)-1 [Robin Dunn, Chief Administrative Officer, re: Personal matters about an identifiable individual (Performance Management)] to Robin Dunn, Chief Administrative Officer of the Township of Oro-Medonte. The following staff were present: Robin Dunn, Chief Administrative Officer. Motion No. C120314-4 Moved by Evans, Seconded by Crawford Be it resolved that the confidential written information presented by Robin Dunn, CAO, re: Personal matters about an identifiable individual (Performance Management) be received. Carried. 317 Page of Page 9 of 330 6a) Council Meeting Minutes – March 14, 2012. The following staff were present: Robin Dunn, Chief Administrative Officer; Doug Irwin, Director of Corporate Services/Clerk. Motion No. C120314-5 Moved by Coutanche, Seconded by Meyer Be it resolved 1. That the confidential verbal information presented by Robin Dunn, CAO, re: Personal matters about an identifiable individual (Performance Management) be received. 2. And That the CAO proceed as outlined. Carried. d) Robin Dunn, CAO, re: Litigation affecting the municipality (Legal Services). The following staff were present: Robin Dunn, Chief Administrative Officer; Doug Irwin, Director of Corporate Services/Clerk; Paul Gravelle, Director of Finance/Treasurer/Deputy CAO; Andria Leigh, Director of Development Services; Donna Hewitt, Director of Corporate & Strategic Initiatives. Motion No. C120314-6 Moved by Crawford, Seconded by Lancaster Be it resolved that the confidential correspondence presented by Robin Dunn, CAO, re: Litigation affecting the municipality (Legal Services) be received. Carried. e) Robin Dunn, CAO, re: Solicitor-Client Privilege (Legal Opinion – Municipal Service Corporation). The following staff were present: Robin Dunn, Chief Administrative Officer; Doug Irwin, Director of Corporate Services/Clerk. Motion No. C120314-7 Moved by Meyer, Seconded by Coutanche Be it resolved that the confidential correspondence dated March 13, 2012 and presented by Robin Dunn, CAO, re: Solicitor-Client Privilege (Legal Opinion – Municipal Service Corporation) be received. Carried. 417 Page of Page 10 of 330 6a) Council Meeting Minutes – March 14, 2012. f) Andria Leigh, Director of Development Services re: Litigation affecting the municipality (Craighurst Secondary Plan). The following staff were present: Robin Dunn, Chief Administrative Officer; Doug Irwin, Director of Corporate Services/Clerk; Andria Leigh, Director of Development Services. Motion No. C120314-8 Moved by Crawford, Seconded by Evans Be it resolved that the confidential verbal information presented by Andria Leigh, Director of Development Services re: Litigation affecting the municipality (Craighurst Secondary Plan) 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 March 7, 2012. Motion No. C120314-9 Moved by Coutanche, Seconded by Meyer Be it resolved that the draft minutes of the Council meeting held on Wednesday, March 7, 2012 be adopted as printed and circulated. Carried. b) Minutes of Oro-Medonte History Association meeting held on January 26, 2012. Motion No. C120314-10 Moved by Evans, Seconded by Crawford Be it resolved that the minutes of Oro-Medonte History Association meeting held on January 26, 2012 be received. Carried. 517 Page of Page 11 of 330 6a) Council Meeting Minutes – March 14, 2012. 7.RECOGNITION OF ACHIEVEMENTS: a) Jenna Hooper, Editor & Designer, "Moonstone, A Great Place To Be" Magazine Keepsake [magazine available in CAO's office]. Ms. Hooper presented members of Council with copies of her work and Council presented Ms. Hooper with Township keepsakes. 8.PUBLIC MEETINGS: None. 9.DEPUTATIONS: a) Paul Marshall and Joanna McEwen re: Proposed Legacy Projects for Celebrations of War 1812/1814. Documentation was distributed to members of Council and the Clerk. Motion No. C120314-11 Moved by Meyer, Seconded by Coutanche Be it resolved that the correspondence dated March 2, 2012 and presented by Paul Marshall and Joanna McEwen re: Proposed Legacy Projects for Celebrations of War 1812/1814 be received and referred to the Oro-Medonte History Association for recommendations, under the Director of Recreation and Community Services' signature. Carried. 617 Page of Page 12 of 330 6a) Council Meeting Minutes – March 14, 2012. 10.REPORTS OF MUNICIPAL OFFICERS: a) Shawn Binns, Director of Recreation and Community Services, re: The CR-3 Half Marathon, 10km and 5km Road Race, Sunday, September 30, 2012. Motion No. C120314-12 Moved by Crawford, Seconded by Evans Be it resolved 1. That the correspondence dated February 9, 2012, re: The CR-3 Half Marathon, 10km and 5km Road Race, Sunday, September 30, 2012 and presented by Shawn Binns, Director of Recreation and Community Services be received 2. That the applicant liaise with the Director of Transportation and Environmental Services and the Chief Municipal Law Enforcement Officer with respect to signage and parking. 3. That the applicant provide proof of insurance naming the Township of Oro-Medonte as a third party in the amount of $5,000,000.00. 4. That the applicant provides appropriate notification to the Ontario Provincial Police, Township Fire & Emergency Services, residents and businesses affected. 5. That the applicant liaises with the Oro-Medonte Chamber of Commerce to promote local businesses and area accommodations. 6. And That applicant be advised of Council's decision under the Director of Recreation and Community Services' signature. Carried. b) Report No. 2012-014, Andria Leigh, Director of Development Services re: Deeming By- law Application, David and Molly Bloom, 12 and 14 Beach Road, Lots 8 and 9, Plan 949 [Refer to Item 15a)]. Motion No. C120314-13 Moved by Lancaster, Seconded by Crawford Be it resolved 1. That Report No. 2012-014, Andria Leigh, Director of Development Services re: Deeming By-law Application, David and Molly Bloom, 12 and 14 Bea and 9, Plan 949 be received and adopted. 2. That the request to deem the two lots, being Lots 8 and 9, Plan 949 be approved. 3. That the applicable by-law be brought forward for Council's consideration. 4. And That the applicant be advised of Council's decision under the Director of Development Services' signature. Carried. 717 Page of Page 13 of 330 6a) Council Meeting Minutes – March 14, 2012. c) Report No. FI 2012-10, Paul Gravelle, Director of Finance/Treasurer/Deputy CAO re: Statement of Accounts, February 29, 2012. Motion No. C120314-14 Moved by Coutanche, Seconded by Meyer Be it resolved 1. That Report No. FI 2012-10, Paul Gravelle, Director of Finance/Treasurer/Deputy CAO re: Statement of Accounts, February 29, 2012 be received. 2. And That the accounts for the month of February 2012 totalling $1,460,548.60 be received. Carried. d) Doug Irwin, Director of Corporate Services/Clerk re: By-Law No. 2012-039, “A By-law to Appoint a Representative to the Human Resources Committee for the 2012-2014 Term” – Appointment of Chair. Motion No. C120314-15 Moved by Crawford, Seconded by Lancaster Be it resolved 1. That the information presented by Doug Irwin, Director of Corporate Services/Clerk re: By-Law No. 2012-039, “A By-law to Appoint a Representative to the Human Resources Committee for the 2012-2014 Term” – Appointment of Chair be received. 2. That Councillor Crawford be appointed as Chair of the Human Resources Committee for the 2012 term. Carried. e) Report No. TES 2012-04, Jerry Ball, Director of Transportation and Environmental Services re: Fees and Charges – Transportation Services [to be distributed at meeting]. Motion No. C120314-16 Moved by Meyer, Seconded by Coutanche Be it resolved 1. That Report No.TES2012-04, Jerry Ball, Director of Transportation and Environmental Services re: Fees and Charges – Transportation Ser received and adopted. 2. That the proposed fees and charges as outlined in Report No. TES2012-04 be approved, as amended. 3. And that the applicable by-laws be brought forward for Council's consideration. Carried. 817 Page of Page 14 of 330 6a) Council Meeting Minutes – March 14, 2012. 11.REPORTS OF MEMBERS OF COUNCIL: a) Mayor H.S. Hughes, correspondence dated December 9, 2011 from Nottawasaga Police Services Board re: Traffic Enforcement - Use of Photo Radar [deferred from January 11, 2012 meeting]. Motion No. C120314-17 Moved by Coutanche, Seconded by Meyer Be it resolved 1. That the correspondence dated December 9, 2011 from Nottawasaga Police Services Board and presented by Mayor H.S. Hughes re: Traffic En of Photo Radar be received. 2. That the Council of the Township of Oro-Medonte supports the resolution from the Nottawasaga Police Services Board identifying that the Premier of Ontario be requested to reinstitute the photo radar program for the provincially regulated Police Services Boards to manage and use at their discretion. 3. And That Dalton McGuinty, Premier; Garfield Dunlop, MPP, Simcoe North; the Ontario Police Association, S/Sgt. Andy Mayo, Barrie Detachment, Ontario Provincial Police; and the Nottawasaga Police Services Board be advised of Council's decision under the Mayor's signature. Defeated. Motion No. C120314-18 Moved by Evans, Seconded by Crawford Be it resolved 1. That the correspondence dated December 9, 2011 from Nottawasaga Police Services Board and presented by Mayor H.S. Hughes re: Traffic En of Photo Radar be received. 2. That the Council of the Township of Oro-Medonte supports the principle with respect to the resolution from the Nottawasaga Police Services Board regarding the reinstitution of the photo radar program. 3. That the Premier of Ontario be requested to reinstitute the photo radar program for Police Services to manage and use at their discretion. 4. And That Dalton McGuinty, Premier; Garfield Dunlop, MPP, Simcoe North; the Ontario Police Association, S/Sgt. Andy Mayo, Barrie Detachment, Ontario Provincial Police; and the Nottawasaga Police Services Board be advised of Council's decision under the Mayor's signature. Carried. 917 Page of Page 15 of 330 6a) Council Meeting Minutes – March 14, 2012. b) Mayor H.S. Hughes re: 2012 Budget Allocations for Orillia & Area Physician Recruitment Committee and Barrie Area Physician Recruitment. Motion No. C120314-19 Moved by Lancaster, Seconded by Crawford Be it resolved 1. That the verbal information presented by Mayor H.S. Hughes, re: 2012 Budget Allocations for Orillia & Area Physician Recruitment Committee and Barrie Area Physician Recruitment be received. 2. That the Township of Oro-Medonte approve a funding request to the Orillia & Area Physician Recruitment Committee in the amount of $10,000. 3. That the Township of Oro-Medonte approve a funding request to the Barrie Area Physician Recruitment in the amount of $10,000. 4. And that the applicants be advised of Council's decision accordingly under the Mayor's signature. Carried. c) Mayor H.S. Hughes, correspondence dated February 17, 2012 from John Hammill, Chair, Ontario's Lake Country re: 2012 Funding Partners Request. Motion No. C120314-20 Moved by Crawford, Seconded by Evans Be it resolved 1. That the correspondence dated February 17, 2012 from John Hammill, Chair, Ontario's Lake Country and presented by Mayor H.S. Hughes, re: 2 Partners Request be received. 2. And That Mayor H.S. Hughes and Deputy Mayor Hough liaise with the Common Interest Roundtable with respect to Ontario's Lake Country request and report back to Council. Carried. 1017 Page of Page 16 of 330 6a) Council Meeting Minutes – March 14, 2012. d) Mayor H.S. Hughes, correspondence received March 5, 2012 re: Loss of Several Maple Trees on Line 5 North Due to Midhurst 3 Solar Project. Council consented to allow Peter Galloway to speak on the matter. Motion No. C120314-21 Moved by Coutanche, Seconded by Meyer Be it resolved 1. That the correspondence received March 5, 2012 from Peter Galloway and presented by Mayor H.S. Hughes, re: Loss of Several Maple Trees Due to Midhurst 3 Solar Project be received. 2. And That the Township correspond with Recurrent Energy to reiterate that, prior to any tree removal/trimming along the boundary of the municipal road allowance, requires municipal approval as previously documented in the Municipal Consultation Form. Carried. e) Councillor Lancaster, correspondence dated March 5, 2012 from The Township of Bonnechere Valley re: Green Energy Act. Motion No. C120314-22 Moved by Lancaster, Seconded by Crawford Be it resolved 1. That the correspondence dated March 5, 2012 from The Township of Bonnechere Valley and presented by Councillor Lancaster re: Green Energy Act be received. 2. That the Township of Oro-Medonte supports the Township of Bonnechere Valley motion to call upon the Province of Ontario to reinstate at least a modest level of local planning control over energy projects within our community. 3. And That the Dalton McGuinty, Premier; the Minister of the Environment; Garfield Dunlop, MPP Simcoe North and the Township of Bonnechere Valley be notified of Council's decision under the Mayor's signature. Carried. 1117 Page of Page 17 of 330 6a) Council Meeting Minutes – March 14, 2012. f) Councillor Coutanche, re: ROMA/OGRA Conference 2012 Feedback. Motion No. C120314-23 Moved by Crawford, Seconded by Lancaster Be it resolved that the verbal information presented by Councillor Coutanche, re: ROMA/OGRA Conference 2012 Feedback be received. Carried. g) Councillor Coutanche, re: Educational Seminar – Drummond Report – February 29, 2012. Motion No. C120314-24 Moved by Lancaster, Seconded by Crawford Be it resolved that the verbal information presented by Councillor Coutanche, re: Educational Seminar – Drummond Report – February 29, 2012 be received. Carried. 12.CONSENT AGENDA: a) Announcements of Interest to the Public - None. b) Minutes of Sustainability Plan Steering Committee meeting held on March 2, 2012. Staff Recommendation: Receive. c) Minutes of Barrie Public Library meeting held on January 26, 2012. Staff Recommendation: Receive. d) Correspondence dated March 5, 2012 from Janis Hamilton, Secretary, Oro-Medonte Horticultural Society re: Letter of Appreciation. Staff Recommendation: Receive. e) Correspondence received March 9, 2012 from Mayor Virginia Hackson, Chair, Lake Simcoe Region Conservation Authority re: 2011 Annual Report. Staff Recommendation: Receive. 1217 Page of Page 18 of 330 6a) Council Meeting Minutes – March 14, 2012. Motion No. C120314-25 Moved by Meyer, Seconded by Coutanche 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) Minutes of Sustainability Plan Steering Committee meeting held on March 2, 2012. Received. c) Minutes of Barrie Public Library meeting held on January 26, 2012. Received. d) Correspondence dated March 5, 2012 from Janis Hamilton, Secretary, Oro-Medonte Horticultural Society re: Letter of Appreciation. Received. e) Correspondence received March 9, 2012 from Mayor Virginia Hackson, Chair, Lake Simcoe Region Conservation Authority re: 2011 Annual Report. Received. Carried. 13.COMMUNICATIONS: a) Severn Sound Environmental Association re: Alien Invasive Species Workshop, Wednesday, April 4, 2012, Oakwood Community Centre, Victoria Harbour. Motion No. C120314-26 Moved by Coutanche, Seconded by Meyer Be it resolved 1. That the correspondence from Severn Sound Environmental Association re: Alien Invasive Species Workshop, Wednesday, April 4, 2012, Oakwood Com Centre, Victoria Harbour be received. 2. That Councillors Meyer and Coutanche be authorized to attend. 3. That the CAO's office RSVP accordingly. 4. And That the Council meeting scheduled for April 4, 2012 at 10:00 a.m. be rescheduled to April 4, 2012 with Open Session commencing at 2:30 p.m. Carried. 1317 Page of Page 19 of 330 6a) Council Meeting Minutes – March 14, 2012. b) Request for Extension of Public Input, re: Proposed Amendment to the Official Plan and Zoning By-Law, Applications 2011-OPA-02 and 2011-ZBA-09, East Part of Lot 10, Concession 7, municipally known as 99 Mount Saint Louis Road East (Crestwood Park Holdings Inc.): 1. Danielle Berube dated March 4, 2012. 2. Garry Kumpula dated March 5, 2012. Motion No. C120314-27 Moved by Evans, Seconded by Crawford Be it resolved 1. That the Request for Extension of Public Input, re: Proposed Amendment to the Official Plan and Zoning By-Law, Applications 2011-OPA-02 and 2011-ZBA-09, East Part of Lot 10, Concession 7, municipally known as 99 Mount Saint Louis Road East (Crestwood Park Holdings Inc.) from: 1. Danielle Berube dated March 4, 2012. 2. Garry Kumpula dated March 5, 2012 be received. 2. That the said request be denied. 3. And That the applicants be advised of Council's decision under the Director of Corporate Services/Clerk's signature. Carried. c) Petition correspondence dated March 8, 2012 re: Proposed Amendment to the Official Plan and Zoning By-Law, Applications 2011-OPA-02 and 2011-ZBA-09, East Part of Lot 10, Concession 7, municipally known as 99 Mount Saint Louis Road East (Crestwood Park Holdings Inc.) [original signatures on file]. Motion No. C120314-28 Moved by Meyer, Seconded by Coutanche Be it resolved 1. That petition correspondence dated March 8, 2012 re: Proposed Amendment to the Official Plan and Zoning By-Law, Applications 2011-OPA-02 and 2011-ZBA-09, East Part of Lot 10, Concession 7, municipally known as 99 Mount Saint Louis Road East (Crestwood Park Holdings Inc.) [original signatures on file] be received and considered in conjunction with Applications 2011-OPA-02 and 2011-ZBA-09. 2. And That April King be notified of Council's decision under the Director of Corporate Services/Clerk's signature. Carried. 1417 Page of Page 20 of 330 6a) Council Meeting Minutes – March 14, 2012. d) Correspondence dated February 28, 2012 from Larry McCabe, Secretary-Treasurer, OSUM re: 2012 OSUM Conference and Trade Show, Nomination for OSUM Executive Committee. Motion No. C120314-29 Moved by Crawford, Seconded by Evans Be it resolved that the correspondence dated February 28, 2012 from Larry McCabe, Secretary-Treasurer, OSUM re: 2012 OSUM Conference and Trade Show, Nomination for OSUM Executive Committee be received. Carried. e) Correspondence dated March 6, 2012 from Don Evans, The Sharing Place Orillia & District Food Bank re: 3rd Annual Mac & Cheese Luncheon, Tuesday, May 8, 2012, 12:00 p.m., Casino Rama. Motion No. C120314-30 Moved by Coutanche, Seconded by Meyer Be it resolved 1. That the correspondence dated March 6, 2012 from Don Evans, The Sharing Place Orillia & District Food Bank re: 3rd Annual Mac & Cheese Luncheon, Tuesday, May 8, 2012, 12:00 p.m., Casino Rama be received. 2. That Mayor H.S. Hughes and Councillors Crawford and Meyer be authorized to attend without per diem. 3. And That the CAO's office RSVP accordingly. Carried. 14.NOTICE OF MOTIONS: None. 1517 Page of Page 21 of 330 6a) Council Meeting Minutes – March 14, 2012. 15.BY-LAWS: a) By-Law No. 2012-046 A By-law to deem certain plans of subdivision or parts thereof not to be registered plans of subdivision within the meaning of the Planning Act R.S.O. 1990 c. P. 13, as amended. b) By-Law No. 2012-048 A By-law to Appoint Representatives to the Canine Control – Appeal Committee for the 2012-2014 Term. Motion No. C120314-31 Moved by Lancaster, Seconded by Evans Be it resolved that the following by-laws: a) By-Law No. 2012-046, A By-law to deem certain plans of subdivision or parts thereof not to be registered plans of subdivision within the meaning of the Planning Act R.S.O. 1990 c. P. 13, as amended. b) By-Law No. 2012-048, A By-law to Appoint Representatives to the Canine Control – Appeal Committee for the 2012-2014 Term be read a first, second and third time, passed, be engrossed by sealed by the Mayor. Carried. 16.QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM: 17.CLOSED SESSION ITEMS (UNFINISHED ITEMS): None. 1617 Page of Page 22 of 330 6a) Council Meeting Minutes – March 14, 2012. 18.CONFIRMATION BY-LAW: a) By-Law No. 2012-047 Being a by-law to confirm the proceedings of the Council meeting held on Wednesday, March 14, 2012. Motion No. C120314-32 Moved by Meyer, Seconded by Coutanche Be it resolved that By-Law No. 2012-047, being a by-law to confirm the proceedings of the Council meeting held on Wednesday, March 14, 2012 be read a third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. 19.ADJOURNMENT: a) Motion to Adjourn. Motion No. C120314-33 Moved by Evans, Seconded by Lancaster Be it resolved that we do now adjourn at 9:18 p.m. Carried. ____________________________ ____________________________ Mayor, H.S. Hughes Clerk, J. Douglas Irwin 1717 Page of Page 23 of 330 6b) Page 24 of 330 6b) Page 25 of 330 6b) Page 26 of 330 6b) Page 27 of 330 6b) THE TOOWNSHIPOF ORO-MMEDONTE HUMAAN RESOURCES COMMMITTEE MINNUTES Neufeeld Room Wedneday, Marh 21, 201TIE: 1:30 pm. sscc22MM.. 2010 - 22014 COUNNCIL Presentt: Mayor H.S. Hughes(left at 4:0 p.m.) 00 Councillr Crawford o Councillr Meye or DeputyMMayor Hough Councillor Coutanchhe Robin Duunn, Chief AAdministratiive Officer TamaraOObee, Manaager, Health & Safety,, Human Reesources Tom Gada, Gazda Houlne Asociates Ic. (via coference cll) zz,,ssnnnnaa 1.CALL TO ORDER - PRIVAATE PRAYYER/MOMEENT OF REEFLECTIONN: Councillor Coutancche assumeed the Chair and calledd the meetiing to orderr. 2.ADOOPTION OFF AGENDA: a) Moton to Adot the Agenda. ipp MotionNo. HR1200321-1 Movedbby Hough, SSecondedbby Hughes It is recmmendedthat the aenda for te Human esourcesCommitte meeting f oogghhRReeoo Wedneday, Marc 21, 2012 be receive and adoted. sshhddpp Caried. rr 3.DISCCLOSURE OF PECUNNIARY INTEREST: None deeclared. 115 Page of Page 28 of 330 6b) Human Resources Committee Minutes – March 21, 2012. 4.MINUTES OF COMMITTEE: a) Minutes of Human Resources Committee meeting held on March 2, 2012. Motion No. HR120321-2 Moved by Hughes, Seconded by Hough It is recommended that the minutes of the Human Resources Committee meeting held on Friday, March 2, 2012 be adopted as printed and circulated. Carried. 5.CLOSED SESSION ITEMS: a) Motion to go In Closed Session. Motion No. HR120321-3 Moved by Hough, Seconded by Hughes It is recommended that we do now go in Closed Session at 1:36 p.m. to discuss • personal matters affecting an identifiable individual; • labour relations/employee negotiations; • solicitor-client privilege. Carried. b) Motion to Rise and Report. Motion No. HR120321-4 Moved by Coutanche, Seconded by Hough It is recommended that we do now Rise and Report at 4:35 p.m. Carried. 25 Page of Page 29 of 330 6b) Human Resources Committee Minutes – March 21, 2012. c) Robin Dunn, CAO, re: Personal matters about an identifiable individual (Performance Management). The following staff was present: Robin Dunn, Chief Administrative Officer; Tom Gazda, Gazda, Houlne Associates Inc. (via conference call). Motion No. HR120321-5 Moved by Hough, Seconded by Coutanche It is recommended that the confidential correspondence dated March 20, 2013 and presented by Robin Dunn, CAO, re: Personal matters about an identifiable individual (Performance Management) be received. Carried. d) Robin Dunn, CAO, re: Solicitor-client privilege (Human Resources). The following staff was present: Robin Dunn, Chief Administrative Officer; Tom Gazda, Gazda, Houlne Associates Inc. (via conference call); Tamara Obee, Manager, Health & Safety, Human Resources. Motion No. HR120321-6 Moved by Coutanche, Seconded by Hough It is recommended that the confidential verbal information presented by Robin Dunn, CAO, re: re: Solicitor-client privilege (Human Resources) be received. Carried. 35 Page of Page 30 of 330 6b) Human Resources Committee Minutes – March 21, 2012. e) Robin Dunn, CAO, re: Labour relations/employee negotiations (Labour Relations). The following staff was present: Robin Dunn, Chief Administrative Officer; Tom Gazda, Gazda, Houlne Associates Inc. (via conference call) Tamara Obee, Manager, Health & Safety, Human Resources. Motion No. HR120321-7 Moved by Coutanche, Seconded by Hough It is recommended that the confidential correspondence dated March 21, 2012 and presented by Robin Dunn, CAO, re: Labour relations/ employee negotiations (Labour Relations) be received. Carried. Item 5f) was moved to Open Session. f) Robin Dunn, CAO, re: Personal matters about an identifiable individual (Organizational Review & Staffing). Councillor Crawford assumed the Chair. Motion No. HR120321-8 Moved by Hough, Seconded by Coutanche It is recommended that the verbal information and video presented by Councillor Coutanche re: Personal matters about an identifiable individual (Organizational Review & Staffing) be received. Carried. 45 Page of Page 31 of 330 6b) Human Resources Committee Minutes – March 21, 2012. 6.REPORTS OF MUNICIPAL OFFICERS: a) Robin Dunn, CAO, re: Human Resources Committee Mandate. Robin Dunn, CAO, assumed the Chair. Motion No. C120321-9 Moved by Meyer, Seconded by Crawford It is recommended that By-Law No. 2012-038, A By-law to Continue an Advisory Body to Council Entitled the Human Resources Committee and presented by Councillor Coutanche be received. Carried. 9.ADJOURNMENT: a) Motion to Adjourn. Motion No. HR120321-10 Moved by Crawford, Seconded by Meyer It is recommended that we do now adjourn at 5:07 p.m. Carried. ____________________________ ____________________________ Councillor Crawford, Chair Robin Dunn, CAO 55 Page of Page 32 of 330 6c) THE TOWNSHIP OF OR-MEDONE OOTT COMMITTE OF ADJSTMENT OEEUU MEETING MINUTTES Council Chambbers 10::05 a.m. Thursdaay, March 15, 2012 Presen: tt Larry Tuling, ChaiScott Macpherson ppr Bruce Cappellllan Jhnson hhAoo Regretss: Roy Hasttings Staff present: Alan Wiebbe, Secretaary Treasurrer/Intermeddiate Plannner Marie Brisssette, Depputy Secretaary Treasurer/Committtee Coordinator 1.OPNING OF EETING: EEMM Larry Tuupling assummed the Chhair and called the meeeting to ordder. a)Appointment off Chair. TheItem was eferred to the April 1, 2012 meting. dd99ee b)pointment o Vice Chair. Apff TheItem was ddeferred to the April 199, 2012 meeeting. 2.ADOOPTION OFF THE AGEENDA: a) Moton to Adot the Agenda. ipp MotionNo. CA1200315-1 Movedbby Chappell, Seconded by Macphherson It is recmmendedthat the aenda for te Committee of Adjutment meting of Thrsday, oogghhesseeuu March 15, 2012 be received nd adopte. aadd Carried. 110 Pagge of Page 33 of 330 6c) Committee of Adjustment Meeting Minutes – March 15, 2012. 3.DISCLOSURE OF PECUNIARY INTEREST: None declared. 4.ADOPTION OF MINUTES: a) Minutes of the Committee of Adjustment meeting held on Thursday, February 16, 2012. Motion No. CA120315-2 Moved by Macpherson, Seconded by Johnson It is recommended that the minutes of the Committee of Adjustment meeting held on Thursday, February 16, 2012 be adopted as printed and circulated. Carried. 5.PUBLIC MEETINGS: a) 2012-B-01 (John and Lisa Bell) 489 Ingram Road, Concession 7, Lot 8 Creation of a new lot by way of severance for a Hobby Farm. John Bell, applicant, was present. Motion No. CA120315-3 Moved by Chappell, Seconded by Johnson It is recommended that the Committee of Adjustment defers Consent Application 2012-B-01, for the creation of a new lot for a Hobby Farm, at the request of the County of Simcoe. Carried. 210 Page of Page 34 of 330 6c) Committee of Adjustment Meeting Minutes – March 15, 2012. b) 2012-A-07 (Randy and Bonnie Sheldrake) 2309 Penetanguishene Road, Concession 1, West Part of Lot 32 Relief from maximum floor area (70 square metres) for any one detached accessory building. Randy Sheldrake, applicant, was present. Motion No. CA120315-4 Moved by Macpherson, Seconded by Chappell It is recommended that the Committee of Adjustment approves Variance Application 2012- A-07, specifically, to permit the construction of a 2,000 square foot addition to an existing 3,200 square foot detached accessory building, subject to the following conditions: 1. That, notwithstanding Sections 5.1.4 and 5.1.6 of Zoning By-law 97-95, the proposed detached accessory building, shall otherwise comply with all other applicable provisions of the Zoning By-Law; 2. That the use of all buildings and structures on the property shall comply with all applicable provisions of the Township’s Zoning By-law 97-95; 3. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee’s decision by verifying, in writing by way of survey or real property report, that the floor area of the detached accessory building will not exceed approximately 483 square metres; 4. That the buildings and structures on the property be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 5. That the applicant obtain any permits and/or approvals required from the County of Simcoe; and 6. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee’s decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Carried. 310 Page of Page 35 of 330 6c) Committee of Adjustment Meeting Minutes – March 15, 2012. c) 2012-A-08 (Michel Verreault and Manon Castilloux) 190 Mill Pond Sideroad, Concession 7, Part Lot 3 Relief from maximum height. Michel Verreault, applicant, was present. Ivan Strachan, adjacent neighbour, noted his support of the application. Motion No. CA120315-5 Moved by Johnson, Seconded by Macpherson It is recommended that the Committee of Adjustment approves Variance Application 2012- A-08, specifically, to permit the construction of a detached accessory building standing as high as 5.03 metres above grade, subject to the following conditions: 1. That, notwithstanding Section 5.1.4 of Zoning By-law 97-95, the proposed detached accessory building, shall otherwise comply with all other applicable provisions of the Zoning By-Law; 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee’s decision by verifying, in writing by way of survey or real property report, that the detached accessory building will not exceed approximately 5.03 metres in height above the established grade. 3. That the buildings and structures on the property be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 4. That the applicant obtain any permits and/or approvals from Nottawasaga Valley Conservation Authority; and 5. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee’s decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Carried. 410 Page of Page 36 of 330 6c) Committee of Adjustment Meeting Minutes – March 15, 2012. d) 2012-B-02 (Gregory John Wood) 30 Barrie Terrace, Plan 1, Part Block A, Part Block B, Part Lot 18 Creation of a new lot by way of severance for a residential use. Gregory Wood, applicant, and Klaus Jacoby, solicitor, were present. Ian Malcolm, neighbour, requested that the Committee impose conditions that would preserve tree coverage on the proposed severed lot. Motion No. CA120315-6 Moved by Chappell, Seconded by Macpherson It is recommended that the Committee of Adjustment grants provisional consent to Application 2012-B-02, for severance for a residential use, subject to the following conditions: 1. That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer; 2. That the letter from staff for the County of Simcoe, dated March 8, 2012, be received and that the conditions contained therein be amended as: a) That the applicant not be permitted to locate or install any building or structure within 15 metres from the limit of the highway pursuant to Section 3.2 of County of Simcoe By-Law 5604; b) That the applicant transfer to the Corporation of County of Simcoe, at no cost, in fee simple, an unencumbered interest in the following lands; i) A daylight (sight) triangle measuring 15 metres East - West and 15 metres North - South at the Northwest corner of the property adjacent to County Road 20 (Ridge Road and Colborne Street) purusant to Condition No. 2 as stated in letter from the County of Simcoe dated March 8, 2012; c) That the entrances to the newly-created lots must be from the local roads (Colborne Street and Barrie Terrace). 3. That the applicant’s solicitor prepare and submit a copy of the proposed conveyance for the parcels severed and retained, for review by the Municipality; 4. That the applicant pay $ 2,000.00 for the lot created as cash-in-lieu of a parkland contribution; 5. That all municipal taxes be paid to the Township of Oro-Medonte; 6. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. 7. And That the applicant or developer of the severed lot be required to enter into a Site Plan Agreement limited to the preservation of trees and the location of the driveway. Carried. 510 Page of Page 37 of 330 6c) Committee of Adjustment Meeting Minutes – March 15, 2012. e) 2012-B-03 (Terrence Clark and Kimberly Ann MacDonald) 1672 Old Barrie Road West, Concession 3, Part Lot 10 Creation of a new lot by way of severance for a residence surplus to a farming operation as a result of farm consolidation. Terrence Clark, applicant, and Shirley Partridge, agent, were present. Wayne Simpson, neighbour, requested clarification if Minimum Distance Separation applied to the application. Motion No. CA120315-7 Moved by Johnson, Seconded by Chappell It is recommended that the Committee of Adjustment grants provisional consent to Application 2012-B-03, for the severance of a residence surplus to a farming operation as a result of farm consolidation, subject to the following conditions: 1. That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer; 2. That the minimum total lot area for the severed lot be 2.0 hectares; 3. That the applicant’s solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 4. That the applicant pay $ 2,000.00 for the lot created as cash-in-lieu of a parkland contribution; 5. That the applicant apply for, and obtain, an amendment to the zoning of the retained lands, prohibiting their use for a residential purpose; 6. That all municipal taxes be paid to the Township of Oro-Medonte; and 7. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. 610 Page of Page 38 of 330 6c) Committee of Adjustment Meeting Minutes – March 15, 2012. f) 2012-A-09 (Stephen Renard) 219 Eight Mile Point Road, Plan 780, Part Lot 105 LF Relief from non-complying buildings and structures, increase in the amount of floor area or volume in a required yard. Dave Inglis, agent, was present. Motion No. CA120315-8 Moved by Macpherson, Seconded by Johnson It is recommended that that the Committee of Adjustment approves Variance Application 2012-A-09, specifically, to permit the increase in volume and floor area of a non-complying building within a required yard, subject to the following conditions: 1. That, notwithstanding Section 5.16.1 b) and Section 5.31 of Zoning By-law 97-95, the dwelling and attached deck shall otherwise comply with all other applicable provisions of the Zoning By-law; 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee’s decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report that the construction of a second-storey addition, deck, and any associated architectural feature(s) attached to the dwelling be located no closer than approximately 15.6 metres from the average high water mark of Lake Simcoe. 3. That the setbacks for the proposed addition to the existing dwelling, and attached deck be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 4. That the applicant submits a tree planting plan to the satisfaction of the Lake Simcoe Region Conservation Authority; 5. That the applicant obtain any permits and/or approvals required, from the Lake Simcoe Region Conservation Authority; and 6. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee’s decision becomes final and binding, as provided by the Planning Act R.S.O. 1990, c.P. 13. Carried. 710 Page of Page 39 of 330 6c) Committee of Adjustment Meeting Minutes – March 15, 2012. g) 2012-A-10 (Green Valley Farms Inc) 1929 Penetanguishene Road, Concession 1, Lot 28 Relief from minimum front yard setback for agricultural building. James Greaves, applicant, was present. Motion No. CA120315-9 Moved by Chappell, Seconded by Johnson It is recommended that the Committee of Adjustment approves Variance Application 2012- A-10, specifically, to construct an agricultural building as near as 15 metres from the front lot line, subject to the following conditions: 1. That, notwithstanding Table B4C of Zoning By-law 97-95, the agricultural building shall otherwise comply with all other applicable provisions of the Zoning By-law; 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee’s decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report that the agricultural building be located no less than approximately 15.0 metres from the front lot line; 3. That the setbacks be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 4. That the applicant obtain any permits and/or approvals required from the County of Simcoe; and 5. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee’s decision becomes final and binding, as provided by the Planning Act R.S.O. 1990, c.P. 13. Carried. 6.NEW BUSINESS: a) Correspondence received February 16, 2012 from the Ontario Municipal Board, re: Appointment for Hearing, 2010-B-14 (Allan Shelswell), 127 Line 12 North, Concession 13, Lot 19. Motion No. CA120315-10 Moved by Chappell, Seconded by Johnson It is recommended by the Committee of Adjustment that the correspondence received February 16, 2012 from the Ontario Municipal Board, re: Appointment for Hearing, 2010-B- 14 (Allan Shelswell), 127 Line 12 North, Concession 13, Lot 19 be received. Carried. 810 Page of Page 40 of 330 6c) Committee of Adjustment Meeting Minutes – March 15, 2012. b) Correspondence received February 27, 2012 from the Ontario Municipal Board, re: Decision and Order of the Board, 2011-A-17 (Garry and Marie Anne Potter), 18 Lakeshore Road East. Motion No. CA120315-11 Moved by Macpherson, Seconded by Chappell It is recommended that the correspondence received February 27, 2012 from the Ontario Municipal Board, re: Decision and Order of the Board, 2011-A-17 (Garry and Marie Anne Potter), 18 Lakeshore Road East be received. Carried. c) Correspondence received February 27, 2012 from the Ontario Association of Committee of Adjustment, re: 2012 OACA Conference, June 3 to 6, 2012 - Holiday Inn Burlington Hotel and Conference Centre, City of Burlington. Motion No. CA120315-12 Moved by Chappell, Seconded by Johnson It is recommended that the correspondence received February 27, 2012 from the Ontario Association of Committee of Adjustment, re: 2012 OACA Conference, June 3 to 6, 2012 - Holiday Inn Burlington Hotel and Conference Centre, City of Burlington be received; And That Larry Tupling and Scott Macpherson request permission from Council to attend. Carried. Items 1a) and b) were dealt with at this time. 910 Page of Page 41 of 330 6c) Committee of Adjustment Meeting Minutes – March 15, 2012. 7.NOTICE OF MOTION: None. 8.NEXT MEETING DATE: Thursday, April 19, 2012 at 10:00 a.m. 9.ADJOURNMENT: a) Motion to Adjourn. Motion No. CA120315-13 Moved by Chappell, Seconded by Johnson It is recommended that we do now adjourn at 1:27 p.m. Carried. Larry Tupling, Chair Alan Wiebe, Secretary Treasurer 1010 Page of Page 42 of 330 6c) Page 43 of 330 6c) Page 44 of 330 6c) Page 45 of 330 6c) Page 46 of 330 6c) Page 47 of 330 6c) Page 48 of 330 6c) Page 49 of 330 7a) Correspondence dated March 15, 2012 from A.J. (Andy) M... Page 50 of 330 7b) Recognition of First Responders involved in Lake Simco... Page 51 of 330 7b) Recognition of First Responders involved in Lake Simco... Page 52 of 330 7b) Recognition of First Responders involved in Lake Simco... Page 53 of 330 7b) Recognition of First Responders involved in Lake Simco... Page 54 of 330 7b) Recognition of First Responders involved in Lake Simco... Page 55 of 330 7b) Recognition of First Responders involved in Lake Simco... Page 56 of 330 8a) 7:00 p.m.  Proposed Zoning ByLaw Amendment, Applicati... Page 57 of 330 8a) 7:00 p.m.  Proposed Zoning ByLaw Amendment, Applicati... Page 58 of 330 8b) 7:00 p.m.  Proposed Zoning ByLaw Amendment, Applicati... Page 59 of 330 8b) 7:00 p.m.  Proposed Zoning ByLaw Amendment, Applicati... Page 60 of 330 9a) Appreciation with respect to Lake Simcoe Ice / Water R... Page 61 of 330 10a) In1997,alargescaleicewaterincidentoccurredonLakeSimcoe thatrequiredtheresponseoftheTownshipofOroMedonteFire& EmergencyServicesDepartment. Atthattime,theDepartmentwasnotproperlyequippedto respondtosuchanincident. Whiletherescuewassuccessfulwiththesupportofother ;’;©m;“-ä­;©Ýz-;¦©šÝz7;©­r·w;“;;7Eš©·w;šÞ“­wz¦x­Cz©;µ EmergencyServicesDepartmenttobeadequatelyequippedfor suchanemergencywasreinforced. Asaresult,in1997theOroMedonteFirefightersxAssociation,in partnershipwithanumberofcommunityorganizationsand businesses,successfullyraisedthemoneynecessarytopurchase anAirBoat. Atthattime,OroMedontewasoneoftheonlymunicipalities borderingonLakeSimcoetoownandoperatethistypeof equipment. 2 Page 62 of 330 10a) In2007theAirBoatwassunkaftertakingonwaterduringarescue operationonLakeSimcoe. Recognizingthevalueandimportanceofthisequipment,the Councilofthedaysoughttohaveitreplacedwiththeongoing financialsupportoftheOroMedonteFirefightersxAssociation. TheAirBoatwasreplacedin2009,allowingtheFire&Emergency ServicesDepartmenttocontinuetoprovideicewaterrescue services. TherearecurrentlyfourmunicipalitiesthatborderonLakeSimcoe thatownandoperateAirBoatsforicewaterrescues. Inaddition,theYorkRegionalPoliceownandoperateanAirBoat. TheOntarioProvincialPolice(OPP)doesnotownanAirBoat,but doesoperatewatercraftduringthesummermonths(Mayto October)forthepurposeofconductingwaterrescues. 3 AllFire&EmergencyServicesDepartmentswithinthegeographical boundariesoftheCountyofSimcoeoperateunderamutualaid fireprogram. Providedthattheserviceleveland/orequipmentisconsistent betweendepartments,anyofthemunicipalitiescancalluponone ofthesepartnersshouldtheneedarise,withnoanticipationthat costswillbeincurredasaresultofassistancebeingprovided. WhilethereisnoformalagreementbetweentheOPPandOro MedonteFire&EmergencyServices,thepracticehasbeenthat ·w;šÞ“­wz¦x­!z©.š·ÞšÒŒ7,;-ŒŒ;7z“·š-·zš“­wšÒŒ7“z­­Ò; ariseonthewaterthattheOPPcouldnotrespondto. Onaverage,Oroa;7š“·;Cz©;µ9’;©m;“-ä{;©Ýz-;­x!z©.š·z­ deployedtwo(2)tofive(5)timesannuallyinresponseto incidents. Theserescuesaregenerallyminorinnature,requiringlimitedstaff resources,andareoftenhandledbyasingleFireStation. 4 Page 63 of 330 10a) w;šÞ“­wz¦x­C;;­µ/w©m;­.äLaw(ByLawNo.2010093) documentsthevalueofavarietyofserviceprovidedbytheFire& EmergencyServicesDepartment. TheByLawalsoauthorizesthechargingoffeesrelatedtothese services,includingaprovisionthatwouldenabletheTownshipto chargeuserswhentheAirBoatanditsnecessarystaffarerequired torespondtoanemergency. 5 Specifically,theByLawstates: {v“ä¦;©­š“©;¨Òz©z“m·w;­;©Ýz-;­šE·w;h©šMedonteAirBoatwhois incontraventionofanyfederalorprovincialactorregulationorwhohas notexercisedreasonablecareintheiractionsthusnecessitatingtheuse oftheAirBoatwillbeliableforcostsincurred.Eachincidentwillbe ,zŒŒ;7Eš©·w;-·ÒŒ·z’;­¦;“·Þz·w’z“z’Ò’-w©m;šEš“;wšÒ©u| Todate,theTownshiphasnotexerciseditsrighttochargefees fortheuseoftheAirBoat. 6 Page 64 of 330 10a) Priortothisevent,theOPPhadissuednumerouswarningsthrough themediawarningresidentsnottoventureoutontheicedueto unsafeconditions. Despitethesewarnings,theOPPreceivedacallregarding27anglers th whowerestrandedonanicefloeoffthe4LineoftheTownshipof OroMedonte. OPPnotifiedOroMedonteFireDispatchofthepotentialofalarge scaleicewaterrescue. 13FirefightersfromStation1(ShantyBay)andStation2 (Hawkestone)respondedtothecallwiththeAirBoatandassociated equipmentnecessaryforanicewaterrescueoperation. TheOPPandCountyofSimcoeParamedicServicesalsoresponded tothescene. 7 Astheurgencyofthesituationcontinuedtoescalate,partnersinthe šÞ“­wz¦x­aÒ·ÒŒ!z7!m©;;’;“·Þ;©;-ŒŒ;7·š©;­¦š“7u YorkRegionalPoliceandCityofBarrieFire&EmergencyServices launchedtheirAirBoatstoassistintherescue. TheTownofInnisfilandTownshipofRamarawereaskedtohave theirAirBoatsonstandbyshouldtheybecalledupontoassistinthe rescue. TheOPPalsorespondedwithahelicoptertoaidintherescue, transportingtwooftheanglersdirectlytoRoyalVictoriaRegional HealthCentrefortreatmentofinjuries. 8 Page 65 of 330 10a) Thisrescuewasconductedinverydangerousconditionsandtooka totalof3.25hourstocomplete. Duetoalackofadequateequipmentonthepartoftheanglers,Fire &EmergencyServicespersonneldistributedlifeveststotheanglers duringtherescue. Firefighterswerethelasttoberemovedfromthelake,someof whomhadtoberescuedfromthewaterthemselvesastheicefloe hadcompletelybrokenupduringthecourseoftherescue operation. 9 ItistheopinionofTownshipstaffthatinlightofthenumerous warningsissuedbytheOPPinthemedia,theanglersdidnotexercise reasonablecarewhentheychosetogoontheiceonMarch9th. Assuch,staffrecommendsthattheTownshipseektorecoverthe costsasoutlinedinByLaw2010093. 10 Page 66 of 330 10a) 13Firefightersx3.25hours@$100/hour=$4,225.00 AirBoatx3.25hours@$200/hour=$650.00 TOTAL=$4,875.00 Townshipstaffwillusetheirbesteffortstorecoverthesecostsfrom th theindividualswhowererescuedduringtheMarch9event. 11 Duetotheseverityoftherescue,Townshipstaffwillbesubmitting nominationstotheOntarioMinistryofCitizenshipandImmigrationto recommendthatallOroMedonteandBarrieFirefighterswhowere activelyinvolvedintherescuereceivetheOntarioMedalfor FirefighterBravery. 12 Page 67 of 330 10b) Report No. DS2012016, Andria Leigh, Director of Deve... Page 68 of 330 10b) Report No. DS2012016, Andria Leigh, Director of Deve... Page 69 of 330 10b) Report No. DS2012016, Andria Leigh, Director of Deve... Page 70 of 330 10b) Report No. DS2012016, Andria Leigh, Director of Deve... Page 71 of 330 10b) Report No. DS2012016, Andria Leigh, Director of Deve... Page 72 of 330 10b) Report No. DS2012016, Andria Leigh, Director of Deve... Page 73 of 330 10b) Report No. DS2012016, Andria Leigh, Director of Deve... Page 74 of 330 10b) Report No. DS2012016, Andria Leigh, Director of Deve... Page 75 of 330 10b) Report No. DS2012016, Andria Leigh, Director of Deve... Page 76 of 330 10b) Report No. DS2012016, Andria Leigh, Director of Deve... Page 77 of 330 10b) Report No. DS2012016, Andria Leigh, Director of Deve... Page 78 of 330 10b) Report No. DS2012016, Andria Leigh, Director of Deve... Page 79 of 330 10b) Report No. DS2012016, Andria Leigh, Director of Deve... Page 80 of 330 10b) Report No. DS2012016, Andria Leigh, Director of Deve... Page 81 of 330 10b) Report No. DS2012016, Andria Leigh, Director of Deve... Page 82 of 330 10b) Report No. DS2012016, Andria Leigh, Director of Deve... Page 83 of 330 10c) Report No. DS2012017, Andria Leigh, Director of Deve... Page 84 of 330 10c) Report No. DS2012017, Andria Leigh, Director of Deve... Page 85 of 330 10c) Report No. DS2012017, Andria Leigh, Director of Deve... Page 86 of 330 10c) Report No. DS2012017, Andria Leigh, Director of Deve... Page 87 of 330 10c) Report No. DS2012017, Andria Leigh, Director of Deve... Page 88 of 330 10c) Report No. DS2012017, Andria Leigh, Director of Deve... Page 89 of 330 10c) Report No. DS2012017, Andria Leigh, Director of Deve... Page 90 of 330 10c) Report No. DS2012017, Andria Leigh, Director of Deve... Page 91 of 330 10c) Report No. DS2012017, Andria Leigh, Director of Deve... Page 92 of 330 10c) Report No. DS2012017, Andria Leigh, Director of Deve... Page 93 of 330 10d) Report No. DS2012018, Andria Leigh, Director of Deve... Page 94 of 330 10d) Report No. DS2012018, Andria Leigh, Director of Deve... Page 95 of 330 10d) Report No. DS2012018, Andria Leigh, Director of Deve... Page 96 of 330 10e) Report No. TES2012 Page 97 of 330 10e) Report No. TES2012 Page 98 of 330 10e) Report No. TES2012 (PPrepared in acccordance withh Schedule 222 of Ontario RRegulation 1700/03) JJanuary 1 to Decembber 31, 20111 March 211, 2011 Page 99 of 330 10e) Report No. TES2012 Canterbury 2011 Municipal Summary Report Schedule 22; Section 22-2 (2) Section 1 List Requirements of the Act, the Regulations, the system’s approval and any order the system failed to meet (non-compliances) at any time during this reporting period, the duration of each non-compliance and describe the action taken to correct each non-compliance listed in this s Act & Regulations Duration Action Taken Status There were no non-compliances with respect to the SDWA or supporting regulations identified during this reporting period. System Certificate of Approval There were no non-compliances with respect to the Municipal Drinking Water License and Drinking Water Work Permit identified during this reporting period. Orders There were no provincial orders issued during this reporting per Best Practice Issues and Recommendations 1) The Municipality applied for, and received, a lead sampling relief Certificate of Approval. The requirements of the Certificate were incorporated into the Canterbury Municipal Drinking Water Licence. The Municipality did not abide by the prescriptions of either document as they related to sampling requirements in the distribution system. The Municipality must adhere to requirements provided in control documents issued to their DWS. Section 2 In order to assist the owner in assessing the capability of the system to meet existing and planned uses of the system, the following tables provide a summary of the quantities and flow rates of the water supplied during the period covered by the report, including monthly average and maximum daily flows rates. Source Maximum%Monthly %Monthly VolumeApproved Average Approved Distribution 333 (m/day) Capacity (m/day) Capacity Flow (m) Well 1 – Approved Capacity – 104.5 m3/day ( 72.6 L/min) 64 281 January 6 4.48 74 253 February 7 4.43 54 269 March 5 4.13 64 257 April 6 4.20 75 302 May 7 4.71 85 324 June 8 5.27 12 9 564 13 9.13 July 10 5 335 August 10 5.29 75 281 September 7 4.77 64 275 October 6 4.39 64 224 November 6 3.73 94 250 December 9 3.97 Page 2 of 3 Page 100 of 330 10e) Report No. TES2012 Canterbury 2011 Municipal Summary Report Source Maximum%Monthly %Monthly VolumeApproved Average Approved Distribution 333 (m/day) Capacity (m/day) Capacity Flow (m) Well 2 – Approved Capacity – 104.5 m3/day (72.6 L/min) 64 281 January 6 4.58 74 253 February 7 4.61 64 269 March 6 4.55 64 257 April 6 4.37 85 302 May 8 5.03 95 324 June 9 5.53 13 9 564 14 9.06 July 95 335 August 9 5.52 74 281 September 7 4.60 64 275 October 6 4.48 63 224 November 6 3.73 84 250 December 8 4.10 Flow requirements listed in the PTTW were not exceeded in 2011. Final MOE Inspection Rating: 100% Detailed monthly well reports/data available on request to the Manager of Engineering and Environmental Services Page 3 of 3 Page 101 of 330 10e) Report No. TES2012 (PPrepared in acccordance withh Schedule 222 of Ontario RRegulation 1700/03) JJanuary 1 to Decembber 31, 20111 March 211, 2012 Page 102 of 330 10e) Report No. TES2012 Cedarbrook 2011 Municipal Summary Report Schedule 22; Section 22-2 (2) Section 1 List Requirements of the Act, the Regulations, the system’s approval and any order the system failed to meet (non-compliances) at any time during this reporting period, the duration of each non-compliance and describe the action taken to correct each non-compliance listed in this s Act & Regulations Duration Action Taken Status There were no non-compliances with respect to the SDWA or supporting regulations identified during this reporting period. System Certificate of Approval There were no non-compliances with respect to the Municipal Drinking Water License and Drinking Water Works Permit identified during this reporting period. Orders There were no provincial orders issued during this reporting per Best Practice Issues and Recommendations 1) Staff should identify and make records regarding any anomalous readings and/or records. 2) Up-to-date CT calculations using current equipment should be completed and minimum free chlorine residuals required to achieve effective primary disinfection at various flows should be determined and included in the Operations and Maintenance Manuals so that Staff have easy access and to help determine if effective disinfection had been achieved during normal or upset operating conditions. 3) Accurate pump capacities should be provided in the DWWP descriptions and it should be confirmed that the treatment works are capable of effectively treating the water at actual discharge flows. 4) The distribution system drawing should be updated to accurately represent installed facilities. 5) The equipment descriptions in the DWWP should be corrected at the Municipality’s earliest convenience. Page 2 of 3 Page 103 of 330 10e) Report No. TES2012 Cedarbrook 2011 Municipal Summary Report Section 2 In order to assist the owner in assessing the capability of the system to meet existing and planned uses of the system, the following tables provide a summary of the quantities and flow rates of the water supplied during the period covered by the report, including monthly average and maximum daily flows rates. Source Maximum%Monthly %Monthly VolumeApproved Average Approved Distribution 333 (m/day) Capacity (m/day) Capacity Flow (m) Well 1 – Approved Capacity – 104.0 m3/day ( 160.8 L/min) 418 January 8 8 6.42 6 352 February 8 8 6.00 6 402 March 7 7 6.74 7 401 April 8 8 6.40 6 442 May 9 9 6.74 7 472 15 14 June 7.37 7 555 7.87 8 July 11 11 407 August 8 8 6.16 6 352 September 7 7 5.57 5 372 October 7 7 5.71 5 350 November 7 7 5.57 5 391 December 8 8 6.00 6 Source Maximum%Monthly %Monthly VolumeApproved Average Approved Distribution 33 (m/day) Capacity (m/day) Capacity Flow (m3) Well 2 – Approved Capacity – 104.0 m3/day (133.8 L/min) 418 January 9 9 7.06 7 352 February 9 9 6.57 6 402 March 8 8 6.74 7 401 April 8 8 6.97 7 442 May 10 10 7.52 7 472 June 15 14 8.37 8 555 21 20 10.03 10 July 407 August 9 9 6.97 7 352 September 8 8 6.17 6 372 October 9 9 6.29 6 350 November 8 8 6.10 6 391 December 9 9 6.61 6 Flow requirements listed in the PTTW were not exceeded in 2011. Final MOE Inspection Rating: 100% Detailed monthly well reports/data available on request to the Manager of Engineering and Environmental Services Page 3 of 3 Page 104 of 330 10e) Report No. TES2012 (PPrepared in acccordance withh Schedule 222 of Ontario RRegulation 1700/03) JJanuary 1 to Decembber 31, 20111 March 211, 2012 Page 105 of 330 10e) Report No. TES2012 Craighurst 2011 Municipal Summary Report Schedule 22; Section 22-2 (2) Section 1 List Requirements of the Act, the Regulations, the system’s approval and any order the system failed to meet (non-compliances) at any time during this reporting period, the duration of each non-compliance and describe the action taken to correct each non-compliance listed in this s Act & Regulations Duration Action Taken Status There were no non-compliances with respect to the SDWA or supporting regulations identified during this reporting period. System Municipal Drinking Water License and Drinking Water Works Permit There were no non-compliances with respect to the Municipal Drinking Water License and Drinking Water Works Permit identified during this reporting period. Orders There were no provincial orders issued during this reporting per Best Practice Issues and Recommendations There we seven recommendations made by the inspector during this 1. The Operating Authority should regularly vary their microbiological sampling locations within the distribution system to help ensure knowledge of water quality throughout the DWS. 2. The Operating Authority should regularly vary their free chlorine residual testing locations within distribution system to help ensure knowledge of water quality throughout the DWS. 3. The Operating Authority should attempt to determine the cause discharge flows from Craighurst pumphouse. If there is a leak or repaired as soon as possible. 4. The facility schematic should be updated. 5. All flows for all wells should be recorded on the Summary rep 6. Total daily takings should be calculated and recorded in the Monthly Flow Report and Summary Report and these should be compared to takings allowed by the PTTW and the rated facility capacity in addition to comparisons to individual allowed taking 7. The Operating Authority should ensure that alarms are generated by the SCADA system in any situation where parameters fall outside of the prescribed set points for longer than the programmed delay period. Page 2 of 4 Page 106 of 330 10e) Report No. TES2012 Craighurst 2011 Municipal Summary Report Section 2 In order to assist the owner in assessing the capability of the system to meet existing and planned uses of the system, the following tables provide a summary of the quantities and flow rates of the water supplied during the period covered by the report, including monthly average and maximum daily flows rates. Source Maximum%Monthly %Monthly VolumeAverage Distribution 3 Flow (m) 33 (m/day) Approved (m/day)Approved Capacity Capacity Well 1 – Approved Capacity – 64 m3/day ( 45 L/min) 0 0 0 0 646 January 0 0 0 0 545 February 0 0 0 0 556 March 0 0 0 0 672 April 0 0 0 0 844 May 0 0 0 0 1007 June 0 0 0 0 1314 July 0 0 0 0 827 August 0 0 0 0 667 September 0 0 0 0 628 October 0 0 0 0 576 November 0 0 0 0 630 December Source Maximum%Monthly Average %Monthly VolumeDistribution 3 Flow (m) 33 (m/day) Approved (m/day) Approved Capacity Capacity Well 2 – Approved Capacity – 140 m3/day (96.8 L/min) 19 14 9.94 7 646 January 19 14 9.54 7 545 February 13 9 9.45 7 556 March 19 14 10.50 8 672 April 24 17 12.29 9 844 May 1007 23 16 14.63 10 June 33 24 19.23 14 1314 July 22 16 12.42 9 827 August 20 14 10.73 8 667 September 13 9 9.97 7 628 October 12 9 9.8 7 576 November 20 14 10.16 7 630 December Page 3 of 4 Page 107 of 330 10e) Report No. TES2012 Craighurst 2011 Municipal Summary Report Source Maximum%Monthly Average %Total VolumeMonthly Flow 3 (m) 33 (m/day) Approved (m/day) Approved Capacity Capacity Well 3 – Approved Capacity – 229 m3/day (202.8 L/min) 29 13 15.61 7 646 January 29 13 14.96 7 545 February 21 9 14.84 7 556 March 29 13 17.9 8 672 April 36 16 19.16 8 844 May 1007 35 15 22.40 10 June 49 21 28.68 13 1314 July 33 14 18.52 8 827 August 29 13 15.93 7 667 September 20 9 14.81 7 628 October 17 7 14.27 6 576 November 28 13 14.58 6 630 December Flow requirements listed in the PTTW were not exceeded in 2011. Final MOE Inspection Rating: 100.00% Detailed monthly well reports/data available on request to the Manager of Engineering and Environmental Services. Page 4 of 4 Page 108 of 330 10e) Report No. TES2012 (PPrepared in acccordance withh Schedule 222 of Ontario RRegulation 1700/03) JJanuary 1 to Decembber 31, 20111 March 211, 2012 Page 109 of 330 10e) Report No. TES2012 Harbourwood 2011 Municipal Summary Report Schedule 22; Section 22-2 (2) Section 1 List Requirements of the Act, the Regulations, the system’s approval and any order the system failed to meet (non-compliances) at any time during this reporting period, the duration of each non-compliance and describe the action taken to correct each non-compliance listed in this s Act & Regulations Duration Action Taken Status There were no non-compliances with respect to the SDWA or supporting regulations identified during this reporting period. System Municipal Drinking Water License and Drinking Water Works Permit There were no non-compliances with respect to the Municipal Drinking Water License and Drinking Water Works Permit identified during this reporting period. Orders There were no provincial orders issued during this reporting per Best Practice Issues and Recommendations There were five recommendations by the inspector during this ins 1. Staff should identify and make records regarding any anomalous readings and/or records. 2. Up-to-date CT calculations using current equipment should be completed and minimum free chlorine residuals required to achieve effective primary disinfection at various flows and reservoir depths should be determined and included in the Operations and M Staff have easy access and to help determine if effective disinfection has been achieved. The municipality advised on December 15, 2011 that CT calculations and determinations of minimum required free chlorine residuals at various flows for redone by their contracted engineers and that the results would be incorporated into their Operations Manuals in additions to a formula for quick calculations by staff during upset conditions. 3. The Operating Authority should regularly vary their microbiological sampling locations within the distribution system to help ensure knowledge of water quality throughout the DWS. 4. The Operating Authority should regularly vary their sampling locations within the distribution system to help ensure knowledge of water quality throughout the DWS. 5. The equipment descriptions in the DWWP should be corrected at the Municipality’s earliest convenience. Page 2 of 3 Page 110 of 330 10e) Report No. TES2012 Harbourwood 2011 Municipal Summary Report Section 2 In order to assist the owner in assessing the capability of the system to meet existing and planned uses of the system, the following tables provide a summary of the quantities and flow rates of the water supplied during the period covered by the report, including monthly average and maximum daily flows rates. Source Maximum%Monthly %Monthly VolumeApproved Average Approved Distribution 333 (m/day) Capacity (m/day) Capacity Flow (m) Well 2 – Approved Capacity – 921.0 m3/day ( 940.8 L/min) 120 13 77.19 8 2021 January 102 11 68.39 7 1594 February 86 9 33.19 4 1702 March 11 1 2.23 0 1996 April 6 0 0.90 0 2536 May 49 5 4.03 0 2743 June 4356 8 0 1.77 0 July 7 0 0.84 0 2142 August 6 0 0.67 0 1939 September 87 9 46.90 5 1810 October 82 9 3.37 0 1774 November 85 9 57.61 6 1859 December Source Maximum%Monthly %Monthly VolumeApproved Average Approved Distribution 333 (m/day) Capacity (m/day) Capacity Flow (m) Well 3 – Approved Capacity – 921 m3/day (940.8 L/min) 8 0 1.00 0 2021 January 7 0 0.79 0 1594 February 81 9 41.06 5 1702 March 94 10 80.70 9 1996 April 139 15 86.39 10 2536 May 171 19 102.87 11 2743 June 195 21 141.16 16 4356 July 113 12 80.48 9 2142 August 133 14 76.80 8 1939 September 90 10 25.32 3 1810 October 90 10 69.80 8 1774 November 85 10 15.26 2 1859 December 3 Total Combined Flow rate for both Wells 2 & 3 not to exceed 921 /day. Flow requirements listed in the PTTW were not exceeded in 2011. Final MOE Inspection Rating: 100.00% Detailed monthly well reports/data available on request to the Manager of Engineering and Environmental Services. Page 3 of 3 Page 111 of 330 10e) Report No. TES2012 (PPrepared in acccordance withh Schedule 222 of Ontario RRegulation 1700/03) JJanuary 1 to Decembber 31, 20111 March 211, 2012 Page 112 of 330 10e) Report No. TES2012 Horseshoe Highlands 2011 Municipal Summary Report Schedule 22; Section 22-2 (2) Section 1 List Requirements of the Act, the Regulations, the system’s approval and any order the system failed to meet (non-compliances) at any time during this reporting period, the duration of each non-compliance and describe the action taken to correct each non-compliance listed in this s Act & Regulations Duration Action Taken Status There were no non-compliances with respect to the SDWA or supporting regulations identified during this reporting period. System Municipal Drinking Water License and Drinking Water Works permit There were no non-compliances with respect to the Municipal drinking Water License and Drinking Water Works Permit identified during this reporting period. Orders There were no provincial orders issued during this reporting per Best Practice Issues and Recommendations There were eight recommendations made by the inspector during this reporting period. 1. The Operating Authority should regularly vary their microbiological sampling locations within the distribution system to help ensure knowledge of water quality throughout the DWS. 2. The Operating Authority should regularly vary their free chlorine residual testing location locations within the distribution system to help ensure knowledge of water quality throughout the DWS. 3. When wasting raw water from Well 2, the Operating Authority should estimate the amount of water wasted (as per the rated capacity of the pump and pump run time) and record this volume for the purpose of accurately recording takings under the PTTW. 4. The equipment descriptions in the DWWP should be corrected at the Municipality’s earliest convenience. 5. The Operating Authority is reminded that the DWWP requires the completion of Form 1 for additions, modifications, replacements and extensions to watermains DWS (as per Section 3.0 of Schedule B), Form 2 for minor modifications, replacement s or mo Section 4.0 of Schedule B) and the completion of Form 3 (as per the submission of an amendment request to the Director for the installation of a generator (Section 2.4 of Schedule B). The Operating Authority has begun completing the appropriate forms for any applicable actions taken within their DWS’s as of July 2011. 6. The Operating Authority should consider installing metal shea communications tower at the pump house. 7. The Operating Authority should consider installing a screen on the water tower overflow discharge. 8. The DWIS profile for the system should be updated. (Changed N Page 2 of 3 Page 113 of 330 10e) Report No. TES2012 Horseshoe Highlands 2011 Municipal Summary Report Section 2 In order to assist the owner in assessing the capability of the system to meet existing and planned uses of the system, the following tables provide a summary of the quantities and flow rates of the water supplied during the period covered by the report, including monthly average and maximum daily flows rates. Source Maximum%Monthly %Monthly VolumeApproved Average Approved Distribution 333 (m/day) Capacity (m/day) Capacity Flows (m) Well 1 – Approved Capacity – 3371.0 m3/day ( 2341 L/min) 470 14 329.19 10 10205 January 469 14 332.64 10 9314 February 704 21 333.90 10 10351 March 509 15 324.97 10 9749 April May 540 16 379.77 11 11773 1014 30 640.97 19 19229 June 1319 39 1020.61 30 31639 July 955 28 749.94 22 23248 August 780 23 575.30 17 17259 September October 591 18 355.65 11 11025 527 16 281.97 8 8459 November 538 16 324.77 10 10068 December Source Maximum%Monthly %Monthly VolumeApproved Average Approved Distribution 333 (m/day) Capacity (m/day) Capacity Flows (m) Well 2 – Approved Capacity – 527.04 m3/day (366 L/min) 0 0 0 0 10205 January 0 0 0 0 9314 February 0 0 0 0 10351 March 0 0 0 0 9749 April 0 0 0 0 11773 May 0 0 0 0 19229 June 31639 0 0 0 0 July 0 0 0 0 23248 August 0 0 0 0 17259 September 0 0 0 0 11025 October 0 0 0 0 8459 November 0 0 0 0 10068 December Well 2 is for back up only. Flow requirements listed in the PTTW were not exceeded in 2011. Final MOE Inspection Rating: 100% Detailed monthly well reports/data available on request to the Manager of Engineering and Environmental Services Page 3 of 3 Page 114 of 330 10e) Report No. TES2012 (PPrepared in acccordance withh Schedule 222 of Ontario RRegulation 1700/03) JJanuary 1 to Decembber 31, 20111 March 211, 2012 Page 115 of 330 10e) Report No. TES2012 Maplewood 2011 Municipal Summary Report Schedule 22; Section 22-2 (2) Section 1 List Requirements of the Act, the Regulations, the system’s approval and any order the system failed to meet (non-compliances) at any time during this reporting period, the duration of each non-compliance and describe the action taken to correct each non-compliance listed in this s Act & Regulations Duration Action Taken Status There were no non-compliances with respect to the SDWA or supporting regulations identified during this reporting period. System Municipal Drinking Water license and Drinking Water Works Permit There were no non-compliances with respect to the Certificate of Approval identified during this reporting period. Orders There were no provincial orders issued during this reporting per Best Practice Issues and Recommendations There were 5 recommendations made by the inspector during this i 1. The Operating Authority should regularly vary their microbiological sampling location within the distribution system to help ensure knowledge of water quality th 2. The Operating Authority should regularly vary their free chlorine residual testing location within the distribution system to help ensure knowledge of water quality throughout the DWS. 3. The Operating Authority shall ensure that all logbook entries are initiated or signed by an operator. 4. The Operating Authority should closely monitor the old mechan in close proximity to the pumphouse to ensure that they are not leaking any potential contaminants and should have those items removed if they are deemed to be a threat to the water source. 5. The facility schematic should be updated. Section 2 In order to assist the owner in assessing the capability of the system to meet existing and planned uses of the system, the following tables provide a summary of the quantities and flow rates of the water supplied during the period covered by the report, including monthly average and maximum daily flows rates. Source Maximum%Monthly %Monthly Distribution 3 VolumeApproved Average Approved Flow (m) 33 (m/day) Capacity (m/day) Capacity Well 1 – Approved Capacity – 163.6 m3/day ( 114 L/min) 0758 January 0 0 0 0661 February 0 0 0 0728 March 0 0 0 0739 April 0 0 0 0947 May 0 0 0 0989 June 0 0 0 01733 00 0 July 0914 August 0 0 0 0798 September 0 0 0 0761 October 0 0 0 0670 November 0 0 0 0897 December 0 0 0 Page 2 of 3 Page 116 of 330 10e) Report No. TES2012 Maplewood 2011 Municipal Summary Report *Note: Well 1 was run only to collect samples, does not alternate with Well 2 automatically. Source Maximum%Monthly %Monthly Distribution 3 VolumeApproved Average Approved Flow (m) 33 (m/day) Capacity (m/day) Capacity Well 2 – Approved Capacity – 163.6 m3/day ( 114 L/min) 22 758 January 36 24.42 15 22 661 February 36 23.93 15 22 728 March 35 24.55 15 26 739 April 43 28.87 18 26 947 May 43 31.39 19 33 989 June 54 32.57 20 53 1733 86 51.58 32 July 31 914 August 51 29.26 18 26 798 September 42 26.10 16 23 761 October 38 24.71 15 23 670 November 37 22.47 14 39 897 December 64 26.71 16 Flow requirements listed in the PTTW were not exceeded in 2011. Final MOE Inspection Rating: 100% Detailed monthly well reports/data available on request to the Manager of Engineering and Environmental Services. Page 3 of 3 Page 117 of 330 10e) Report No. TES2012 (PPrepared in acccordance withh Schedule 222 of Ontario RRegulation 1700/03) JJanuary 1 to Decembber 31, 20111 March 211, 2012 Page 118 of 330 10e) Report No. TES2012 Medonte Hills 2011 Municipal Summary Report Schedule 22; Section 22-2 (2) Section 1 List Requirements of the Act, the Regulations, the system’s approval and any order the system failed to meet (non-compliances) at any time during this reporting period, the duration of each non-compliance and describe the action taken to correct each non-compliance listed in this s Act & Regulations Duration Action Taken Status There were no non-compliances with respect to the SDWA or supporting regulations identified during this reporting period. System Certificate of Approval There were no non-compliances with respect to the Certificate of Approval identified during this reporting period. Orders There were no provincial orders issued during this reporting per Best Practice Issues and Recommendations 1) The equipment descriptions and information in the DWWP and MDWL should be corrected at the Municipality's earliest convenience. 2) Up-to-date CT calculations using current equipment should be completed and minimum free chlorine residuals required to achieve effective primary disinfection at various flows should be determined and included in the Operations and Maintenance Manuals so that Staff have easy access and to help determine if effective disinfection has been achieved during normal, unusual or upset operating conditions. 3) The Operations Manuals must be updated as soon as possible to include system improvements, process changes and equipment changes. 4) The process schematic should be updated to incorporate system changes as soon as possible. 5) The Municipality should consider collecting microbiological samples in the lower pressure zone in addition to the upper zone. 6) The Municipality should consider installing wiring which would allow for quick, non-disruptive failure testing of the free chlorine residual analyzer (as installed in all of their other facilities). Page 2 of 3 Page 119 of 330 10e) Report No. TES2012 Medonte Hills 2011 Municipal Summary Report Section 2 In order to assist the owner in assessing the capability of the system to meet existing and planned uses of the system, the following tables provide a summary of the quantities and flow rates of the water supplied during the period covered by the report, including monthly average and maximum daily flows rates. Source Maximum%Monthly %Monthly VolumeApproved Average Approved Distribution 333 (m/day) Capacity (m/day) Capacity Flow (m) Well 1 – Approved Capacity – 327 m3/day ( 227 L/min) 43 13 34.23 11 2183 January 40 12 30.96 9 1770 February 40 12 34.29 11 2250 March 38 12 30.37 9 2038 April 42 13 28.32 9 2221 May 55 17 34.57 11 2253 June 82 25 44.97 14 3232 July 44 13 34.61 11 2431 August 50 15 34.30 10 2459 September 42 13 32.61 10 2547 October 112 34 47.97 15 2743 November 3259 62 19 40.13 12 December Source Maximum%Monthly %Monthly VolumeApproved Average Approved Distribution 333 (m/day) Capacity (m/day) Capacity Flow (m) Well 2 – Approved Capacity – 393 m3/day (273 L/min) 45 14 34.23 11 2183 January 41 13 32.25 10 1770 February 52 16 38.29 12 2250 March 57 17 37.57 12 2038 April 87 27 43.32 11 2221 May 71 22 40.53 12 2253 June 108 33 59.29 18 3232 July 56 17 43.81 13 2431 August 68 21 47.67 15 2459 September 60 18 49.55 15 2547 October 62 19 43.47 13 2743 November 66.16203259 106 32 December* * Note: In December, Well 2 was decommissioned and Well 3 was drilled and put into service - December numbers in the above chart represent flows from the new Well 3. Flow requirements listed in the PTTW were not exceeded in 2011. Final MOE Inspection Rating: 100% Detailed monthly well reports/data available on request to the Manager of Engineering and Environmental Services Page 3 of 3 Page 120 of 330 10e) Report No. TES2012 (PPrepared in acccordance withh Schedule 222 of Ontario RRegulation 1700/03) JJanuary 1 to Decembber 31, 20111 March 211, 2012 Page 121 of 330 10e) Report No. TES2012 Robincrest 2011 Municipal Summary Report Schedule 22; Section 22-2 (2) Section 1 List Requirements of the Act, the Regulations, the system’s approval and any order the system failed to meet (non-compliances) at any time during this reporting period, the duration of each non-compliance and describe the action taken to correct each non-compliance listed in this s Act & Regulations Duration Action Taken Status There were no non-compliances with respect to the SDWA or supporting regulations identified during this reporting period. System Certificate of Approval There were no non-compliances with respect to the Certificate of Approval identified during this reporting period. Orders There were no provincial orders issued during this reporting per Best Practice Issues and Recommendations 1) The Municipality should consider installing secondary contain generator installation. 2) Distribution water flows during a fire event should be calcul records for the Robin Crest PH as required by the MDWL. 3) If it is determined that adequate disinfection cannot be main other high flow events, the Municipality should make treatment system modifications and/or implement operational practices to ensure disinfection is achieved at all times and/or produce and enact a notification and corrective action procedure pump operation if adequate disinfection cannot be confirmed. Suc include notification of residents, the Spills Action Centre (SAC District Health Unit (SMDHU) and potentially the issuance of a Boil Water Advisory which should remain in effect until such time as the Municipality is a again properly disinfected. 4) Staff should identify and make records regarding any anomalou 5) Up-to-date CT calculations using current equipment should be chlorine residuals required to achieve effective primary disinfection at various flows and reservoir depths should be determined and included in the Operations and M Staff have easy access and to help determine if effective disinf normal, unusual or upset operating conditions. Please have the and provide them to Environmental Officer Phillip Sauer, by no later than March 22, 2012. The Municipality advised on December 15, 2011 that CT calculatio minimum required free chlorine residuals at various flows for al by their contracted engineers and that the results would be inco Manuals in addition to a formula for quick calculations by staff 6) Any potential routes of access for contaminants to the reserv isolated. 7) The equipment descriptions in the DWWP should be corrected at earliest convenience. Page 2 of 3 Page 122 of 330 10e) Report No. TES2012 Robincrest 2011 Municipal Summary Report Section 2 In order to assist the owner in assessing the capability of the system to meet existing and planned uses of the system, the following tables provide a summary of the quantities and flow rates of the water supplied during the period covered by the report, including monthly average and maximum daily flows rates. Source Maximum%Monthly %Monthly VolumeApproved Average Approved Capacity Distribution 333 (m/day) Capacity (m/day) Flow (m) Well 1 – Approved Capacity – 576 m3/day (400 L/min) Well 2 – Approved Capacity – 842 m3/day (585 L/min) 202 35 124.16 22 4009 January 197 34 125.54 22 3735 February 196 34 121.19 21 3862 March 35 23 204 132.17 3904 April 198 24 160.39 19 4479 May 211 25 149.97 18 4534 June 283 34 173.81 21 5379 July 194 23 131.32 16 4203 August 190 23 124.23 15 3860 September 188 22 120.52 14 3951 October 187 22 120.70 14 3821 November 185 22 128.74 15 4182 December Note – only one flow meter for both wells – wells cannot be used except during emergency fire situations. Well 1 ran from Jan4/11 to May5/11. Well 2 ran from May 5/11 Dec. 31/11 Flow requirements listed in the PTTW were not exceeded in 2011. Final MOE Inspection Rating: 100% Detailed monthly well reports/data available on request to the Manager of Engineering and Environmental Services Page 3 of 3 Page 123 of 330 10e) Report No. TES2012 (PPrepared in acccordance withh Schedule 222 of Ontario RRegulation 1700/03) JJanuary 1 to Decembber 31, 20111 March 211, 2012 Page 124 of 330 10e) Report No. TES2012 Shanty Bay 2011 Municipal Summary Report Schedule 22; Section 22-2 (2) Section 1 List Requirements of the Act, the Regulations, the system’s approval and any order the system failed to meet (non-compliances) at any time during this reporting period, the duration of each non-compliance and describe the action taken to correct each non-compliance listed in this s Act & Regulations Duration Action Taken Status There were no non-compliances with respect to the SDWA or supporting regulations identified during this reporting period. System Certificate of Approval There were no non-compliances with respect to the Certificate of Approval identified during this reporting period. Orders There were no provincial orders issued during this reporting per Best Practice Issues and Recommendations There were 6 recommendations during this inspection period; 1. The Township should consider creating and enacting procedures (including but not limited to ensuring the reservoir/stand pipe is full and increasing free ch maintenance events) which will help to ensure effective treatment is maintained during flushing/maintenance practices. If it is determined that treatment was not maintained, adverse reporting procedures should also be in place. 2. Staff should identify and make records regarding any anomalous readings and/or records. 3. Up-to-date CT calculations using current equipment should be completed and minimum free chlorine residuals required to achieve effective primary disinfection at various flows and reservoir depths should be determined and included in the Operations and M Staff have easy access to help determine if effective disinfection has been achieved during normal, unusual or upset operating conditions. The Municipality advised on December 15, 2011 that CT calculations and determinations of minimum required free chlorine residuals required to achieve effective primary disinfection at various flows for all of their DWS’s were being redone by their contracted engineers and that the result would be incorporated into their Operations Manuals in addition to a formula for quick calculations by staff during ups 4. The Operating Authority should regularly vary their microbiological sampling locations within the distribution system to help ensure knowledge of water quality throughout the DWS. 5. The Operating Authority should regularly vary their free chlorine residual testing locations within distribution system to help ensure knowledge of water quality throughout the DWS. 6. Treated water flows should be included on the Summary Report and compared to the MDWL rated capacity. Page 2 of 4 Page 125 of 330 10e) Report No. TES2012 Shanty Bay 2011 Municipal Summary Report Section 2 In order to assist the owner in assessing the capability of the system to meet existing and planned uses of the system, the following tables provide a summary of the quantities and flow rates of the water supplied during the period covered by the report, including monthly average and maximum daily flows rates. Source Maximum%Monthly % VolumeAverage 33 (m/day) Approved (m/day) Approved Monthly Distribution 3 Capacity Capacity Flow (m) Well 1 – Approved Capacity – 305 m3/day (396 L/min) 85 28 62.58 21 3557 January 102 33 66.50 22 3368 February 81 27 58.84 19 3197 March 81 27 68.37 22 3388 April 124 41 87.10 29 5128 May 102 33 69.57 23 8519 June 159 52 117.39 38 16820 July 153 50 58.71 19 7309 August 56 18 36.97 12 4968 September 74 24 47.48 16 3811 October 78 26 50.70 17 3010 November 91 30 61.00 20 3980 December Source Maximum%Monthly % VolumeAverage 33 (m/day) Approved (m/day) Approved Monthly Distribution 3 Capacity Capacity Flow (m) Well 2 – Approved Capacity – 305 m3/day (430 L/min) 66 22 62.58 21 3557 January 78 26 51.61 17 3368 February 63 21 45.52 15 3197 March 63 21 53.00 17 3388 April 99 32 68.10 22 5128 May 93 30 4.10 1 8519 June 3 1 0.48 0 16820 July 2 1 0.29 0 7309 August 2 1 0.13 0 4968 September 64 21 32.03 11 3811 October 64 21 41.47 14 3010 November 84 28 48.84 16 3980 December Page 3 of 4 Page 126 of 330 10e) Report No. TES2012 Shanty Bay 2011 Municipal Summary Report Source Maximum%Monthly % VolumeAverage 33 (m/day) Approved (m/day) Approved Monthly Distribution 3 Capacity Capacity Flow (m) Well 3 – Approved Capacity – 610 m3/day (875 L/min) 9 1 1.77 0 3557 January 96 16 4.71 0 3368 February 6 1 1.03 0 3197 March 4 1 0.60 0 3388 April 6 1 1.39 0 5128 May 271 44 148.60 24 8519 June 55 251.29 42 16820 334 July 337 55 122.35 20 7309 August 146 24 94.47 15 4968 September 136 22 28.29 5 3811 October 6 1 0.77 0 3010 November 106 17 3.71 1 3980 December Final MOE Inspection Rating: 100% Detailed monthly well reports/data available on request to the Manager of Engineering and Environmental Services. Page 4 of 4 Page 127 of 330 10e) Report No. TES2012 (PPrepared in acccordance withh Schedule 222 of Ontario RRegulation 1700/03) JJanuary 1 to Decembber 31, 20111 March 211, 2012 Page 128 of 330 10e) Report No. TES2012 Sugarbush 2011 Municipal Summary Report Schedule 22; Section 22-2 (2) Section 1 List Requirements of the Act, the Regulations, the system’s approval and any order the system failed to meet (non-compliances) at any time during this reporting period, the duration of each non-compliance and describe the action taken to correct each non-compliance listed in this s Act & Regulations Duration Action Taken Status There were no non-compliances with respect to the SDWA or supporting regulations identified during this reporting period. System Municipal Drinking Water License and Drinking Water Works Permit There were no non-compliances with respect to the Municipal Drinking Water License and Drinking Water Works Permit identified during this reporting period. Orders There were no provincial orders issued during this reporting per Best Practice Issues and Recommendations There were five recommendations made by the inspector during thi 1. The operating Authority should regularly vary their microbiological sampling locations within the distribution system to help ensure knowledge of water quality throughout the DWS. 2. The Operating Authority should regularly vary their free chlorine residual testing locations within distribution system to help ensure knowledge of water quality throughout the DWS. 3. When wasting raw water at Pumphouse 2, the Operating Authority should estimate the amount of water wasted (as per the rated capacity of the pump and pump run time) and record this volume for the purpose of accurately recording takings under the PTTW. 4. Facility schematics and operational manual entries for equipment and procedures related to Pumphouse 3 should be in place before the facility is made opera 5. The Operating Authority is reminded that the DWWP requires the completion of Form 2 for minor modifications, replacements or modifications to the DWS (as per the completion of Form 3 (as per Section 5.0 of Schedule B) and the submission of an amendment request to the Director for the installation of a generator (Sec The Operating Authority has begun completing the appropriate fo actions taken within their DWS’s as of July 2011. Page 2 of 4 Page 129 of 330 10e) Report No. TES2012 Sugarbush 2011 Municipal Summary Report Section 2 In order to assist the owner in assessing the capability of the system to meet existing and planned uses of the system, the following tables provide a summary of the quantities and flow rates of the water supplied during the period covered by the report, including monthly average and maximum daily flows rates. Source Maximum%Monthly %Monthly VolumeApproved Average Approved Capacity Distribution 333 (m/day) Capacity (m/day) Flow (m) Well 1 – Approved Capacity – 851 m3/day (591 L/min) 118 14 81 10 6511 January 108 13 80.11 9 5449 February 61 7 28.19 3 7229 March 102 12 7.50 1 8234 April 110 13 89.55 11 6399 May 127 15 101.00 12 6302 June 255 30 188.74 22 12353 July 184 22 135.48 16 9087 August 128 15 109.67 13 7017 September 213 25 117.26 14 7224 October 148 17 121.83 14 7819 November 144 17 117.48 14 7831 December Source Maximum%Monthly %Monthly VolumeApproved Average Approved Capacity Distribution 333 (m/day) Capacity (m/day) Flow (m) Well 2 – Approved Capacity – 1635.8 m3/day (1136 L/min) 253 16 210.03 13 6511 January 250 15 194.61 12 5449 February 276 17 233.19 14 7229 March 345 21 274.47 17 8234 April 282 17 206.42 13 6399 May 266 16 210.07 13 6302 June 540 33 398.48 24 12353 July 394 24 293.13 18 9087 August 272 17 233.90 14 7017 September 342 21 233.03 14 7224 October 316 19 260.63 16 7819 November 307 19 252.61 15 7831 December Page 3 of 4 Page 130 of 330 10e) Report No. TES2012 Sugarbush 2011 Municipal Summary Report Source Maximum%Monthly %Monthly VolumeApproved Average Approved Capacity Distribution 333 (m/day) Capacity (m/day) Flow (m) 3 Well 3 – Approved Capacity – 1425m/day (16.5L/min) 0 0 0 0 January 0 0 0 0 February 0 0 0 0 March 0 0 0 0 April 0 0 0 0 May 0 0 0 0 June 0 0 0 0 July 0 0 0 0 August 0 0 0 0 September 0 0 0 0 October 0 0 0 0 November 157 11 5.06 0 December Flow requirements listed in the PTTW were not exceeded in 2011. Final MOE Inspection Rating: 100% Detailed monthly well reports/data available on request to the Manager of Engineering and Environmental Services. Page 4 of 4 Page 131 of 330 10e) Report No. TES2012 (PPrepared in acccordance withh Schedule 222 of Ontario RRegulation 1700/03) JJanuary 1 to Decembber 31, 20111 March 211, 2012 Page 132 of 330 10e) Report No. TES2012 Warminster 2011 Municipal Summary Report Schedule 22; Section 22-2 (2) Section 1 List Requirements of the Act, the Regulations, the system’s approval and any order the system failed to meet (non-compliances) at any time during this reporting period, the duration of each non-compliance and describe the action taken to correct each non-compliance listed in this s Act & Regulations Duration Action Taken Status There were no non-compliances with respect to the SDWA or supporting regulations identified during this reporting period. System Municipal Drinking Water License and Drinking Water Works Permit There were no non-compliances with respect to the Municipal Drinking Water License and Drinking Water Works Permit identified during this reporting period. Orders There were no provincial orders issued during this reporting per Best Practice Issues and Recommendations 1) If the Municipality does not intend to use monitoring well 57 accordance with Reg. 903 or maintained in such a way that it does not pose a contamination threat to the aquifer into which it is drilled (i.e. determine where the water is leaking from and seal it, and protect the installation in some fashio from vandalism and/or vehicular traffic). 2) Staff should identify and make records regarding any anomalou 3) Up-to-date CT calculations using current equipment should be completed and minimum free chlorine residuals required to achieve effective primary disinfection at various flows should be determined and included in the Operations and Maintenance Manuals so that Staff have easy access and to help determine if effective disinfection has been achieved during normal, unusual or upset operating conditions. 4) The equipment descriptions in the DWWP should be corrected at the Municipality's earliest convenience and previously approved but not yet installed equipment should be identified. 5) If additional treatment processes such as re-chlorination and/or additional reservoir space or reservoir by-pass capability are intended, the Municipality should conside the need for the installation of a second free chlorine residual analyzer drawing from the end of the contact main at the inlet to the reservoir(s) and reservoir by-pass point as the current sample draw point may no longer be representative of the point at which CThas been achieved or it may become inoperable. 6) The daily sum of water discharged from the two raw water flow meters should be calculated and recorded on the monthly flow reports (and provided in the Summary Reports) as this is the true volume of treated water produced daily within the DWS for the MDWL rated capacity purposes. Page 2 of 3 Page 133 of 330 10e) Report No. TES2012 Warminster 2011 Municipal Summary Report Section 2 In order to assist the owner in assessing the capability of the system to meet existing and planned uses of the system, the following tables provide a summary of the quantities and flow rates of the water supplied during the period covered by the report, including monthly average and maximum daily flows rates. Source Maximum%Monthly %Monthly VolumeApproved Average Approved Capacity Distribution 333 (m/day) Capacity (m/day) Flow (m) Well 1 – Approved Capacity – 889.9 m3/day (782 L/min) 237 27 162.61 18 4619 January 168.75 19 220 25 4614 February 167 19 104.55 12 4475 March 139 16 82.37 9 4553 April 99 11 84.65 9 5122 May 173 19 99.27 11 5721 June 6414 163 18 107.42 12 July 156 17 80.26 9 4777 August 117 13 76.43 5 4450 September 158 18 82.87 9 4801 October 158 18 85.79 10 4809 November 160 18 87.39 10 5155 December Source Maximum%Monthly %Monthly VolumeApproved Average Approved Capacity Distribution 333 (m/day) Capacity (m/day) Flow (m) Well 3 – Approved Capacity – 889.9 m3/day (618 L/min) - 0- - 4619 January - - 0 - 4614 February 151 17 59.45 7 4475 March 147 17 89.97 10 4553 April 160 18 102.77 12 5122 May 237 27 123.87 14 5721 June 192 22 124.23 14 6414 July 121 14 81.35 9 4777 August 125 14 84.80 10 4450 September 128 14 93.71 11 4801 October 153 17 86.43 10 4809 November 141 16 84.65 10 5155 December Final MOE Inspection Rating: 100% Detailed monthly well reports/data available on request to the Manager of Engineering and Environmental Services. Page 3 of 3 Page 134 of 330 10f) Report No. TES2012 Page 135 of 330 10f) Report No. TES2012 Page 136 of 330 10f) Report No. TES2012 Page 137 of 330 10f) Report No. TES2012 Page 138 of 330 10f) Report No. TES2012 Page 139 of 330 10f) Report No. TES2012 Page 140 of 330 10f) Report No. TES2012 Page 141 of 330 10f) Report No. TES2012 Page 142 of 330 10f) Report No. TES2012 Page 143 of 330 10f) Report No. TES2012 Page 144 of 330 10f) Report No. TES2012 Page 145 of 330 10f) Report No. TES2012 Page 146 of 330 10g) Report No. TES2012 Page 147 of 330 10g) Report No. TES2012 Page 148 of 330 10g) Report No. TES2012 Page 149 of 330 10g) Report No. TES2012 Page 150 of 330 10g) Report No. TES2012 Page 151 of 330 10g) Report No. TES2012 Page 152 of 330 10g) Report No. TES2012 Page 153 of 330 Report No. TES2012 Page 154 of 330 Report No. TES2012 Page 155 of 330 Report No. TES2012 Page 156 of 330 Report No. TES2012 Page 157 of 330 Report No. TES2012 Page 158 of 330 Report No. TES2012 Page 159 of 330 Report No. TES2012 Page 160 of 330 10i) Report No. RC2012 Page 161 of 330 10i) Report No. RC2012 Page 162 of 330 10i) Report No. RC2012 Page 163 of 330 10i) Report No. RC2012 Page 164 of 330 Report No. RC2012 Page 165 of 330 Report No. RC2012 Page 166 of 330 Report No. RC2012 Page 167 of 330 Report No. RC2012 Page 168 of 330 12b) ORILLIA PUBLIC LIBRARY BOARD MINUTES OF JANUARY 25, 2012 MEETING A regular meeting of the Library Board was held at the Library commencing at 7:05 p.m. PRESENT – BOARD – G. Guthrie, Chair; D. Evans; R. Fountain; P. Hislop; A. Parsons; M. Seymour; P. Spears STAFF - S. Campbell, Interim CEO K. Absalom, Director of Information Services D. Rowe, Director of Technical Services A. Sist, Interim Director of Children’s Services T. Chatten, Recorder ABSENT – L.Murray; P.Orser(with Board approval); J.Rolland; R.Stevens(with Board approval) Disclosure of Pecuniary Interest and General Nature Thereof – None CONSENT AGENDA The increase in circulation figures was highlighted, and D. Evans thanked the staff for their collection and donation of food to the Food Bank over the Christmas holidays. MOTION #2012:01 Moved by R. Fountain, seconded by D. Evans that the consent agenda of the January 25, 2012 meeting be adopted. CARRIED Appointment of a Timekeeper – None DISCUSSION AGENDA BUSINESS ARISING FROM THE MINUTES Fundraising Committee – A wrap up meeting was held with L. Pigeau who established a fundraising plan for the ongoing library campaign. It was recommended that more publicity was needed, with media coverage in the local newspapers to draw more positive attention to the new building. L. Pigeau may be called in on as needed basis to assist in the future. New Building – S. Campbell reported that the second floor is basically complete with some furniture being installed. No further dates have been given for substantial completion, moving or reopening; and no date yet for the grand opening. Page 169 of 330 12b) REPORTS OF BOARD COMMITTEES AND REPRESENTATIVES Personnel Committee – M. Seymour prepared a report and policy for Board discussion defining the process through which the Orillia Public Library creates, maintains and retains personnel files. It also outlines the process through which employees may access their own files. MOTION #2012:02 Moved by M. Seymour, seconded by P. Spears that the Personnel Committee recommends that the Orillia Public Library Board approve the attached policy on “Personnel Files”. CARRIED MOTION #2012:03 Moved by M. Seymour, seconded by P. Spears that the Personnel Committee recommends that the Orillia Public Library Board set February 1, 2013 as the target date for implementation of the “Personnel Files” policy. CARRIED Policy Committee – A Children’s Membership Policy was presented for review and discussion. There was also discussion regarding internet/wireless use by children. A. Sist was asked for more information regarding policy in other libraries. MOTION #2012:04 Moved by P. Hislop, seconded by A. Parsons that the Orillia Public Library Board add and/or amend the following policies: 1) Add the following child’s card policy: Children under the age of 14 are required to have a parental/guardian signature in order to gain membership. A membership will not be given to a child under the age of 14 wi signature. By signing the membership application, parent/guardians recognize that a card will be issued to their child and that the parent or guardian is responsible for the materials borrowed on the card. By signing the membership card, parents/guardians recognize that they are allowing their child to have access to all materials and resources including the internet. If a parent or guardian wishes to limit their child’s access to library materials and resources, they must enforce this themselves. The library cannot withhold materials or services from any patron regardless of age. Children aged 14 and up will follow the procedures for adult memberships. Effective June 1, 2012. 2) Amend policy #811.02 to remove “includes students in Grade 9 or above” to “includes children 14 and older”. CARRIED NEW BUSINESS Potential Lease Agreement with City – The Library Board received detailing the information provided to Bob Ripley, Interim CAO, as he prepares a report on a potential lease agreement to be signed by the Library Board and the City of Orillia. Page 170 of 330 12b) MOTION #2012:05 Moved by A. Parsons, seconded by R. Fountain that the Orillia Public Library Board requests a copy of the draft of the report regarding a possible lease agree before the report is sent to Council. CARRIED IT Plan 2012 – Proposals for 2012 projects was presented for Board review and information. MOTION #2012:06 Moved by A. Parsons, seconded by P. Hislop that the Orillia Public Library Board accept the Information Technology Project Plan 2012 as presented. CARRIED In Camera Discussion – Personnel Issue MOTION #2012:07 Moved by R. Fountain, seconded by D. Evans that the Orillia Publ camera session at 7:50 p.m. CARRIED MOTION #2012:08 Moved by A. Parsons, seconded by P. Hislop that the Orillia Public Library Board leave an in camera session at 8:58 p.m. CARRIED MOTION #2012:09 Moved by M. Seymour, seconded by M. Seymour that the Board of Directors approve the draft performance appraisal of the Orillia Public Library’s Interim CEO, and that the City of Orillia be requested to increase the Interim CEO by one step on the salary grid, retroactive to th September 27, 2011. CARRIED Adjournment at 9:05 p.m. __________________________________ ____________________________ BOARD CHAIR CHIEF EXECUTIVE OFFICER Page 171 of 330 12b) REPORT OF THE CEO Submitted by Suzanne Campbell January 2012 GOAL # 4 The Library will advocate for increased public awareness of the of library services. The fundraising steering committee met with Lee Pigeau to receive the final report and directions for continuation of the fundraising program. GOAL # 3 The Library will optimize and customize library service to our user groups th A meeting with the Directors was held on January 9 discussion over policies and procedures required for the new building took place. Interdepartmental staff meetings were held to develop procedures for implementation of the new children’s library card. GOAL # 7 The Library will attract, develop and maintain a trained and educated workforce and leadership that reflect our values and ethics. th A meeting with the Directors was held on January 9 discussion over policies and procedures required for the new building took place. nd A staff meeting was held on the 22. GOAL # 8 The Library will attract and develop Board Members, and maintain an effective Board that reflects the library’s values and ethics. The Fundraising Steering Committee met once this month . The Personnel Committee met once this month to work on policy for the retention of personnel files. GOAL # 1 The Library will increase its size to meet the standards for the population served. rdth I attended site meetings on January 3, January 17, and January 31st, and a commissioning meeting on January 17th. A meeting with representatives from Brodart took place at the Library site to determine method of delivery for the shelving. An interdepartmental staff meeting took place to continue to work on shelf mapping for the new building. Page 172 of 330 12b) Opening Day Collection Susan Dance has been working on a plan for the integrating the O with the existing collection. The Opening Day collection consists of approximately 15,000 items in all formats.The goal is to have this large collection received from LSC processed and catalogued, with cataloguing records uploaded and fully functional. Recent steps taken include: • Developed timeline and procedures for uploading the cataloguing records into our ILS • Worked with TLC (vendor of our ILS) to ensure they will automate some of the associated tasks (e.g., changing the material from “in processing” to “available” status as a batch function). • We took the initiative to ask LSC to send sample items so we could check processing. This proved useful as we discovered a serious problem: some item’s RFID tags had been programmed incorrectly and would not be recognized by our system. This problem was brought to LSC’s attention and will be fixed before the items are shipped, at no cost to us. • Created a plan for receiving and checking the Opening Day collection • Received multimedia kits for processing in-house New Library Building Schedule has been delayed we are waiting for an updated schedule Mechanical is 95 % complete Training on the UPS is complete Drywall boarding is 85% complete on the first floor and 100% complete on the second floor. Electrical is complete on the second floor. Second floor light fixtures are complete, first floor light fixtures are 99% complete Elevator is 99% complete and will be licensed once the area aro completely finished. nd Painting on the 2 floor is 85% complete and the first floor is 60% complete. Ceramic tile on second floor is 95% complete and 85% complete on the first floor Exterior window glazing is about 98% complete Wood ceiling on the second floor is 95 % including high ceilings and skylights and 60% on the first floor Interior window framing is100% complete Interior window glass is 92% installed Internal signage has been tendered Interior Limestone is 95% complete Exterior limestone is 90% complete Grills and diffusers are 95% complete Millwork is 85% installed on the second floor and 45% on the first floor Carpet is 90% installed on the second floor Wood doors are all installed on second floor and are 40% installed on first floor Commissioning of systems in the building will begin in the next few weeks Page 173 of 330 12b) REPORT OF THE DIRECTOR OF CHILDREN’S AND YOUTH SERVICES Submitted By Amanda Sist January 2012 Programs Goal 2.1 Develop and maintain programs associated with identified groups. At the beginning of January, Children’s Services held a week of drop in programs while children were on their winter holidays. We held a variety of programs including a movie, Wii gaming, and a story time and craft. The programs were successful, and we were pleased with the number of participants. A new set of story times began this month with full registration in every program. The story time programs are Story time for Caregivers, Baby time, and Toddler and Preschool Time. The first Explorers Club of the winter session was offered this month and the theme was Spies. The program had a good number of participants, and fun was had by all. Attendance continues to grow in this program as our staff develop the program to fit the needs of the participants. This month Children’s Services also held an event day for Family Literacy day. The library held a story time, drop in crafts and drop in Wii gaming for the day. This day coincided with a PA day for the Public School Board, so the day was highly successful. Tween Programs Goal 2.1 Develop and maintain programs associated with identifie The Mother Daughter book club met this month and read “The Westing Game”, which was not a favorite of the group. The group played trivia, and had a great night. Youth Programs Goal 2.1 Develop and maintain programs associated with identifie This month the teen book club “Chick Chat” met to discuss “Wondrous Strange”. The group enjoyed the book, and played trivia and Wii for the rest of the meeting. Page 174 of 330 12b) University Partnerships Goal 7 The Library will investigate, develop and maintain part community. In partnership with Lakehead University’s Education program we are continuing to offer the same two programs that were offered last fall. The program entitled Alphabet Stew is an introduction to kindergarten skills which has had a growing group over January. The second program is a one on one tutoring program titled Circle of Readers. These programs will be offered for 8 weeks. The Lakehead Students have indicated a need to have more hours involved in library programs, so we have allowed them to participate in our Saturday Explorers club, and allow them to plan one of their own. They will be doing an educational program on the War of 1812 for students in February and we are excited about the program! Outreach and Publicity Goal 4 The Library will advocate for increased public awareness and range of library services. Material displays for this month included Valentine’s books, and Parenting titles. As well, during story times book displays are created that reflect the weekly theme as well as parenting titles that allow for parents and children to see highlights of our collection. This month Melissa Robertson attended an Early Literacy informat East Oro Public school and created a display on print awareness. The night was highly successful, and allowed for families to learn how to prom home. Erin Damery attended a literacy day at Ardtrea Cumberland Beach school that highlighted literacy in our community.She created a display with books, games and information on our programs. GROUP AND SCHOOL VISITS Goal 2.7 Establish a mutually-beneficial presence in the school Melissa Robertson visited Regent Park Public School to discuss the elementary Battle of the Books program, creating enthusiasm and promoting the program. Page 175 of 330 12b) by Director of Information Services Kelli Absalom GOAL 2: Create and maintain lifelong relationships with users: Volunteer hours for the month of January were 161.25. Jayne Turvey interviewed one student volunteer and provided her with training and orientation. GOAL 3: Optimize and customize library services to our user groups: Jayne Turvey held a meeting of the Genealogy Club in January with 29 people in attendance. Darcy Yanni did a presentation on the War of 1812. The Bookworms Book Club, led by Michelle Sinclair, met in January and 12 members shared in a lively discussion of “The Confession” by John Grisham. Michelle created book displays and bookmarks on such topics as: Canada Reads, Alzheimer’s disease and family literacy. Nineteen people were provided with library materials in our Community Outreach program. Materials were also delivered to Victoria House and Birchmere Retirement Residence. Michelle sent out two BookClub Sets this month. Better World Books received the final shipment of 139 boxes in January. Many thanks to Pat Hopkins and Jennifer Murrant for all their hard work with this project. Our new microfilm reader, the ScanPro 2000, arrived in January. It has many benefits including the ability to scan, print, email and save to a USB. It will be networked to a printer when we move into the new building. A new database, Consumer Reports Online, was purchased in January. GOAL 4: Advocate for increased public awareness of the value and of library services: Jayne Turvey chaired two Grand Opening Committee meetings and worked on planning for the events. Jayne sent nearly 6,000 emails to library customers inviting them to visit our new website and fundraising website. Page 176 of 330 12b) GOAL 5: Develop methods of measurement to evaluate the effectiveness of library services and programs: Reference Questions 2056 Answered Internet Use 1298 Wireless Use 152 Database Logins 1382 Homepage Visits 9363 (We saw a surge in homepage visits in January. Many people received eReaders for Christmas resulting in increased visits to our site to download eBooks and instructions. GOAL 6: Investigate, develop and maintain partnerships in the community: Jayne Turvey gave a genealogy presentation and promoted library programs to a seniors group in Oro Medonte. Jayne worked with John Swartz on a documentary on the new library building for Rogers Television. Jayne discussed a partnership with Orillia downtown merchants for our grand opening. Goal 7: Attract, develop and maintain a trained and educated workforce. Information Services staff attended a training webinar on the new Library.solution circulation module upgrade. Suzanne Campbell and I conducted interviews in January to fill t Services Librarian position. Over 60 applications were received and from those five candidates were interviewed. Sarah Csekey has accepted the Sarah is well known to staff and customers as she has previously worked in the Children’s and Circulation departments. She will complete her Master of Library and Information Science from San Jose State University this spring. She will begin work in February. Amanda Sist and I interviewed applicants for the Cultural Strategic Fund grant. Rhaman Garrawi, a Georgian College student, was hired on a twelve week contract. Rahman will be developing computer training manuals and offering some introductory training. He has an extensive background in c applications. Page 177 of 330 12b) REPORTOFTHEDIRECTOROFTECHNICALSERVICES January2012 Circulation Theheavyusethelibraryexperiencedin2011continuedunabatedinto2012withincreasesin borrowingbothprintandnonprintmaterials,newmembers,reservesplaced,noticesissuedandvisits tothebuilding.CirculationofDVDsalmostdoubledoverJanuary2011. InJanuaryJoyceDempseyandImetwiththeDirectorstodiscusshowtoimplementthenewpolicy regardingchildmemberships.JoyceandRuthBerryhadthetaskofrewritingtheapplicationformsand figuringoutthetimingandlogisticsofthepolicychange.ThenewpolicywillcomeintoeffectJune1, butthestaffinCirculationand/wzŒ7©;“x­Serviceswillbeissuingthenewformswellbeforethat. TechnicalProcessing SusanDancehasbeenexperimentingwithstatisticalreports,andhasoneexampleready,foradditions anddeletionstothecollection.TheJanuarystatisticsareinthatnewformat. DavidRowe DirectorTechnicalServices Page 178 of 330 12c) Correspondence dated March 1, 2012 from Madeleine Mei... Page 179 of 330 12c) Correspondence dated March 1, 2012 from Madeleine Mei... Page 180 of 330 12d) Correspondence received March 9, 2012 from Catherine ... Page 181 of 330 12e) Correspondence dated March 12, 2012, Ontario Municipa... Page 182 of 330 12e) Correspondence dated March 12, 2012, Ontario Municipa... Page 183 of 330 12e) Correspondence dated March 12, 2012, Ontario Municipa... Page 184 of 330 12e) Correspondence dated March 12, 2012, Ontario Municipa... Page 185 of 330 12e) Correspondence dated March 12, 2012, Ontario Municipa... Page 186 of 330 12e) Correspondence dated March 12, 2012, Ontario Municipa... Page 187 of 330 12e) Correspondence dated March 12, 2012, Ontario Municipa... Page 188 of 330 12e) Correspondence dated March 12, 2012, Ontario Municipa... Page 189 of 330 12e) Correspondence dated March 12, 2012, Ontario Municipa... Page 190 of 330 12e) Correspondence dated March 12, 2012, Ontario Municipa... Page 191 of 330 12e) Correspondence dated March 12, 2012, Ontario Municipa... Page 192 of 330 12f) Correspondence dated March 13, 2012 from Leo J. Cusum... Page 193 of 330 12f) Correspondence dated March 13, 2012 from Leo J. Cusum... Page 194 of 330 12f) Correspondence dated March 13, 2012 from Leo J. Cusum... Page 195 of 330 12f) Correspondence dated March 13, 2012 from Leo J. Cusum... Page 196 of 330 12f) Correspondence dated March 13, 2012 from Leo J. Cusum... Page 197 of 330 12f) Correspondence dated March 13, 2012 from Leo J. Cusum... Page 198 of 330 12f) Correspondence dated March 13, 2012 from Leo J. Cusum... Page 199 of 330 12f) Correspondence dated March 13, 2012 from Leo J. Cusum... Page 200 of 330 12f) Correspondence dated March 13, 2012 from Leo J. Cusum... Page 201 of 330 12f) Correspondence dated March 13, 2012 from Leo J. Cusum... Page 202 of 330 12f) Correspondence dated March 13, 2012 from Leo J. Cusum... Page 203 of 330 12f) Correspondence dated March 13, 2012 from Leo J. Cusum... Page 204 of 330 12f) Correspondence dated March 13, 2012 from Leo J. Cusum... Page 205 of 330 12g) Correspondence dated March 13, 2012 from Chris D. Lew... Page 206 of 330 Correspondence received March 22, 2012 from Lynda Whi... Page 207 of 330 13a) Correspondence dated February 29, 2012 from Elizabeth... Subject:RE: Off Road Riders Assoc request for road access june 24, 2012 Communications for March 28th Council agenda From: Sent: Wednesday, February 29, 2012 3:26 PM To: Hughes, Harry Subject: Off Road Riders Assoc request for road access june 24, 2012 Contact: All members of Council Dear Mayor and Council; I would like to make a formal comment regarding the request of Brad Obee of the Simcoe County Off Road Riders Association for tempoary road access for the Midhurst Trail ride June 24, 2012. We live on Line 5 North, 2 kilometres north of Horseshoe Valley Road. Each year we are subjected to the affects of this motorcycle race and it is not pleasant. First and foremost I think it is irresponsible to promote racing on our roads from a safety perspective. We have already experienced accidents of ATV's and snowmobiles in this area including one fatality. I also take issue with the noise we must endure during these races. We do not wish to live on a race track and I do not understand why we should be treated with so little regard by the council in granting permission for these races. Already on our part of Line 5 we put up with snowmobiles at all hours during the winter and ATV's that illegally use this road in other seasons. It is getting to be too much! We have a right to the quiet enjoyment of our property. So please, I am asking council not to grant permission for this or any other motor race on our roads. Thank Name: Elizabeth Dunn E-mail Address Phone Number: 1 Page 208 of 330 13b) Correspondence dated March 9, 2012 from Joshua Morgan... March 9, 2012 *Sent by Email Only Mayor and Council Township of Oro-Medonte 148 Line 7 South Oro, Ontario, L0L 2X0 RE: Township of Oro-Medonte 1922 Warminster Sideroad 2011-ZBA-21 Interpretation of Settlement Area Boundary Dear Mayor and Council: nd Further to our discussion during the February 22, 2012 public meeting we met with Township officials to discuss the interpretation of the northern limit of the Warminster Settlement Area boundary as it relates to 1922 Warminster Sideroad. As you will recall, staff has scaled Township Official Plan Schedule ‘A’ and subsequently determined that the boundary should extend to a depth consistent with the abutting residential lot to the east. In cases where a boundary between land use designations may be interpreted in more than one way this is the direction that Council has provided through Section E1.8 of its Official Plan: “The boundaries between land uses designated on the Schedules to this Plan are approximate except where they meet with roads, railway lines, rivers, pipeline routes, transmission lines, lot lines or other clearly defined physical features and in these cases are not open to flexible interpretation. Where the general intent of the document is maintained, minor adjustments to boundaries will not require amendment to this Plan.” It is our belief that simply scaling the mapping to determine the limits of the settlement area does not reflect the intent of the Official Plan. Schedules to the Plan are approximate and the boundaries are not rigidly defined in the way a surveyed lot line would be. Of equal importance is the fact that scaling the schedules of the Plan does not allow for consideration of the physical realities of the subject property. It is our position that the mature tree line and historical fence line which jointly separate the north field from the south field represent the most suitable feature to delineate the rural settlement area from 1 Page 209 of 330 13b) Correspondence dated March 9, 2012 from Joshua Morgan... the agricultural designation. Attached Figure 1 – Location Map identifies the approximate location of the scaled boundary line (red), and the mature tree line (blue). Attached Figure 2 – Official Plan Schedule ‘A’ depicts the Warminster Settlement Area. Also attached is a picture which was presented to Council by planning staff at the public nd meeting on February 22. This picture identifies the settlement area boundary as interpreted by staff. It also identifies the mature tree line which we believe to be the most appropriate rear lot line and boundary of the settlement area. The width between the tree line and staff’s interpretation of the settlement area boundary ranges from 0 metres to 25 metres. To exclude this strip of land would completely isolate those lands from the agricultural lands to the north of the tree line. As a result they will either lie fallow or the fence line and the associated mature trees will be removed to consolidate the lands with the abutting field. In our professional opinion this does not represent strong land use planning principles. With reliance on Section E1.8 we believe the tree line and the historical fence line should be considered the limit of the settlement area boundary. We believe this interpretation maintains the general intent of the Official Plan and suggest that this approach to boundary interpretation is standard planning practice and equivalent policy direction is found in many official plans. To conclude, Section E1.8 identifies that boundaries on the Official Plan Schedule are approximate and it provides Council with the ability to make minor adjustments to boundaries as long as the general intent of the document is maintained. By accepting staff’s interpretation the effect would be to isolate the remnant strip of land to the south of the tree line. We ask that Council, in using the discretionary powers provided in the Official Plan, take the common sense approach in this regard. As such we respectfully request that 2011-ZBA-21 be approved as submitted. Thank you for your consideration. Respectfully submitted, MORGAN Planning & Development Inc. Joshua Morgan, Hons, B.A. Planner (Principal) C.c Andria Leigh, Glenn White, Alan Wiebe 2 Page 210 of 330 13b) Correspondence dated March 9, 2012 from Joshua Morgan... Page 211 of 330 13b) Correspondence dated March 9, 2012 from Joshua Morgan... Page 212 of 330 13b) Correspondence dated March 9, 2012 from Joshua Morgan... Page 213 of 330 13c) Correspondence dated March 9, 2012 from John Dance, S... Page 214 of 330 13c) Correspondence dated March 9, 2012 from John Dance, S... Page 215 of 330 13d) Correspondence dated March 12, 2012 from Linda Collin... Page 216 of 330 13d) Correspondence dated March 12, 2012 from Linda Collin... Page 217 of 330 13e) Page 218 of 330 13e) Page 219 of 330 13f) Correspondence received March 22, 2012 from Sheila Cr... Page 220 of 330 15a) Being a By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE By-Law No. 2012-045 Being a By-Law to Authorize the Execution of an Agreement Between the Township of Oro-Medonte and Latour Contracting Inc. For Carley Community Hall Foundation and Interior Renovation, (Tender RC-2012-01) 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; ANDWHEREAS Council for The Corporation of the Township of Oro-Medonte declared by Motion No. Motion No.C120222-23, the successful bidder of Tender RC-2012-01 to be Latour Contracting Inc.; AND WHEREAS Council deems it expedient to enter into an agreement for Tende RC-2012-01, for Carley Community Hall Foundation and Interior Renovation, with Latour Contracting Inc.; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: THAT 1. the Mayor and Clerk be authorized to execute the Agreement for Tender RC-2012-01attached hereto as Schedule “A” and forming part of th THAT 2. this by-law shall take effect on the final passing thereof. TH BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 28 DAY OF MARCH, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ____________________________ Mayor, H.S. Hughes ____________________________ Clerk, J. Douglas Irwin Page 221 of 330 15a) Being a By Page 222 of 330 15a) Being a By Page 223 of 330 15a) Being a By Page 224 of 330 15a) Being a By Page 225 of 330 15a) Being a By Page 226 of 330 15a) Being a By Page 227 of 330 15a) Being a By Page 228 of 330 15a) Being a By Page 229 of 330 15a) Being a By Page 230 of 330 15a) Being a By Page 231 of 330 15a) Being a By Page 232 of 330 15a) Being a By Page 233 of 330 15a) Being a By Page 234 of 330 15a) Being a By Page 235 of 330 15a) Being a By Page 236 of 330 15a) Being a By Page 237 of 330 15a) Being a By Page 238 of 330 15a) Being a By Page 239 of 330 15a) Being a By Page 240 of 330 15a) Being a By Page 241 of 330 15a) Being a By Page 242 of 330 15a) Being a By Page 243 of 330 15a) Being a By Page 244 of 330 15a) Being a By Page 245 of 330 15a) Being a By Page 246 of 330 15a) Being a By Page 247 of 330 15a) Being a By Page 248 of 330 15a) Being a By Page 249 of 330 15a) Being a By Page 250 of 330 15a) Being a By Page 251 of 330 15a) Being a By Page 252 of 330 15a) Being a By Page 253 of 330 15a) Being a By Page 254 of 330 15a) Being a By Page 255 of 330 15a) Being a By Page 256 of 330 15b) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-049 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Democrat Maplewood Limited described as lands as follows: Lot 4, Plan 51M-957, as in 58533-0228 LT ROLL # 4346-010-003-26504 TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE WHEREAS authority to enter into Site Plan Control Agreements is provided Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement o herein; AND WHEREAS By-Law No. 2009-062, a By-Law to Designate Areas of the Township as Site Plan Control Areas, was passed by Council for the Townsh pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control, pursuant to By-Law No. 2009-062; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: THAT 1. the Township enter into the Site Plan Control Agreement attache Appendix “A”, on lands described on the attached Schedule “A”; THAT 2. the Mayor and Clerk are hereby authorized to execute the Site P Agreement on behalf of the Corporation of the Township of Oro-Medonte; THAT 3. the attached Appendix “A” and Schedules “A, B, C and D” shall f this By-Law; THAT 4. this By-Law shall take effect on the final passing thereof. TH BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 28 DAY OF MARCH, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ______________________________ MAYOR, H.S. HUGHES ______________________________ CLERK, J. DOUGLAS IRWIN Page 257 of 330 15b) A By - between - - and - DESCRIPTION OF LANDS Lot 4, Plan 51M-957, as in 58533-0228 LT TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE ROLL # 4346-010-003-26504 By-Law No. 2012-049 March 28, 2012 Page 258 of 330 15b) A By 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 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 259 of 330 15b) A By SITE PLAN CONTROL AGREEMENT th This Agreement made, in triplicate, this 28 day of March 2012, in accordance with Section 41 of the Planning Act. B E T W E E N : Democrat Maplewood 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 construction of a model home on lands described in Schedule “A”, attached hereto; AND WHEREAS the Township has enacted a By-law to provide for the 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 260 of 330 15b) A By 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 subj 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 with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries and Agencies, including, but not limited to, the County of Simcoe. e) The Owner shall, pursuant to Section 6.2.6 of the Subdivision Agreement adopted by Township of Oro-Medonte By-law 2010-059, retain the services archaeologist for their on-site presence and monitoring of any grading or ground alterations within 50 metres of a potential ossuary. f) The Owner shall assume all liability with respect to the discovery of any ossuary and/or archaeologically sensitive features or areas through the development of the subject lands. g) The Owner and/or their agent shall, during any grading or ground alterations, cease work immediately upon the discovery of a potential ossuary and/or archaeologically sensitive feature, and forthwith notify all appropriate Ministries and Agencies, including, but not limited to, the Registrar of Cemeteries and the Township. 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, 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 perfo Owner’s obligations hereunder, unless the context otherwise requires. Every provision of this Agreement, by which the Owner is obligated in any way, shall be deemed to include the words “at the expense of the Owner”, unless specifically stated otherwise. The refundable deposit for expenses and actual cost shall be $1000.00. The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township g) The Owner shall have delivered to the Township, all Transfers/Deeds, Discharges and Easements, or other documents required by Schedule “C”, as w certification from the Owner’s solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all en 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: 4 Page 261 of 330 15b) A By a) That the Township has enacted a By-law to permit the construction of a single detached dwelling with attached garage occupying 2,204 square fe square metres), as described on the Site Plan. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By-laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule “B”, subject to the development restrictions contained herein. 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: 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 way. c) Parking Areas and Driveways All parking areas and driveways shall be constructed in conform 5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario 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 shall be constructed, as in Schedule “B” attached. The Owner agrees to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro-Medonte. d) Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule “B”. e) Garbage Storage The Owner agrees to provide suitable storage areas for garbage 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, 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. 5 Page 262 of 330 15b) A By 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 veget successfully established. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes the Schedules attached hereto, unless and until such changes hav 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 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) A Certified Cheque in the amount of one hundred percent (100%) of the estimated costs of the said works, and as approved by the Township Enginee c) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, th 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 securi d) Any Certified Cheque or security filed with the Township is b estimated cost of completing the various matters prescribed by t However, all Certified Cheque and security received by the Towns as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Ow terms of this Agreement. e) Upon written notification by the Owner’s agent, certifying that all required works for which the Certified Cheque was submitted have been completed accordance with the plans submitted and upon confirmation by the its agent that the Owner’s obligations under this Agreement have completed, the Township will return said Certified Cheque. f) If in the event of default of the Owner under any of the prov Agreement, it becomes necessary for the Township to realize on i deposits, then the Township shall give, by registered mail, twen notice, its intent to draw down on the security or deposit. 6 Page 263 of 330 15b) A By 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 tit 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, agre 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 ) Democrat Maplewood Limited ) per: ) ) __________________________ ) Name: Enzo Palumbo ) Title: Authorized Signing Officer ) I have authority to bind the Corporation ) ) The Corporation of the ) Township of Oro-Medonte ) per: ) ) ) __________________________ ) H.S. Hughes, Mayor ) ) ) ____________________________ ) J. Douglas Irwin, Clerk 7 Page 264 of 330 15b) A By NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. LEGAL DESCRIPTION OF LANDS Lot 4, Plan 51M-957 as in 58533-0228 LT TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE ROLL # 4346-010-003-26504 8 Page 265 of 330 15b) A By NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. SITE PLAN Site Plan Drawing: Diamond Valley Estates Lot 4, Prepared by Valdor Engineering Inc and last revised February 14, 2012. Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. 9 Page 266 of 330 15b) A By NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. 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 10 Page 267 of 330 15b) A By NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION 1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT 2. LETTERS OF CREDIT AMOUNT Certified Cheque to be provided by the Owner $1000.00 to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. 11 Page 268 of 330 15c) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-050 A By-law to remove the Holding symbol On lands described as follows: Lot 4, Plan 51M-957 Township of Oro-Medonte, County of Simcoe Roll # 4346-010-003-26504 WHEREAS the Council of the Corporation of the Township of Oro-Medonte i empowered to pass By-laws to remove a Holding provision pursuant the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to remove the Holding provision ap to the subject lands; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1. Schedule ‘A16’, to Zoning By-law No. 97-95 as amended, is her amended by removing the Holding provision applying to lands know Plan 51M-957, Roll # 4346-010-003-26504”as shown on Schedule ‘A’ attached hereto and forming part of this By-law. 2. This By-law shall come into effect upon the date of passage h the provisions of the Planning Act, as amended. TH BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 28 DAY OF MARCH, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes _____ Clerk, J. Douglas Irwin Page 269 of 330 15c) A By Thiss is Schedule 'AA' to Byy-Law 20012-0550 passsed the 28 daay of Maarch, 22012. th Mayoor H.S. Hughs .ee Cle rrk J. Douglass Irwin Page 270 of 330 15d) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-051 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Democrat Maplewood Limited described as lands as follows: Lot 10, Plan 51M-957, as in 58533-0234 LT ROLL # 4346-010-003-26510 TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE WHEREAS authority to enter into Site Plan Control Agreements is provided Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement o herein; AND WHEREAS By-Law No. 2009-062, a By-Law to Designate Areas of the Township as Site Plan Control Areas, was passed by Council for the Townsh pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control, pursuant to By-Law No. 2009-062; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: THAT 1. the Township enter into the Site Plan Control Agreement attache Appendix “A”, on lands described on the attached Schedule “A”; THAT 2. the Mayor and Clerk are hereby authorized to execute the Site P Agreement on behalf of the Corporation of the Township of Oro-Medonte; THAT 3. the attached Appendix “A” and Schedules “A, B, C and D” shall f this By-Law; THAT 4. this By-Law shall take effect on the final passing thereof. TH BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 28 DAY OF MARCH, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ______________________________ MAYOR, H.S. HUGHES ______________________________ CLERK, J. DOUGLAS IRWIN Page 271 of 330 15d) A By - between - - and - DESCRIPTION OF LANDS Lot 10, Plan 51M-957, as in 58533-0234 LT TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE ROLL # 4346-010-003-26510 By-Law No. 2012-051 March 28, 2012 Page 272 of 330 15d) A By 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 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 273 of 330 15d) A By SITE PLAN CONTROL AGREEMENT th This Agreement made, in triplicate, this 28 day of March 2012, in accordance with Section 41 of the Planning Act. B E T W E E N : Democrat Maplewood 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 construction of a model home on lands described in Schedule “A”, attached hereto; AND WHEREAS the Township has enacted a By-law to provide for the designation of the lands as a "Site Plan Control Area"; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule “B”; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: 3 Page 274 of 330 15d) A By 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 subj 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 with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries and Agencies, including, but not limited to, the County of Simcoe. e) The Owner shall, pursuant to Section 6.2.6 of the Subdivision Agreement adopted by Township of Oro-Medonte By-law 2010-059, retain the services archaeologist for their on-site presence and monitoring of any grading or ground alterations within 50 metres of a potential ossuary. f) The Owner shall assume all liability with respect to the discovery of any ossuary and/or archaeologically sensitive features or areas through the development of the subject lands. g) The Owner and/or their agent shall, during any grading or ground alterations, cease work immediately upon the discovery of a potential ossuary and/or archaeologically sensitive feature, and forthwith notify all appropriate Ministries and Agencies, including, but not limited to, the Registrar of Cemeteries and the Township. 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, 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 perfo Owner’s obligations hereunder, unless the context otherwise requires. Every provision of this Agreement, by which the Owner is obligated in any way, shall be deemed to include the words “at the expense of the Owner”, unless specifically stated otherwise. The refundable deposit for expenses and actual cost shall be $1000.00. The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township g) The Owner shall have delivered to the Township, all Transfers/Deeds, Discharges and Easements, or other documents required by Schedule “C”, as w certification from the Owner’s solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all en 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: 4 Page 275 of 330 15d) A By a) That the Township has enacted a By-law to permit the construction of a single detached dwelling with attached garage occupying 2,345 square fe square metres), as described on the Site Plan. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By-laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule “B”, subject to the development restrictions contained herein. 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: 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 way. c) Parking Areas and Driveways All parking areas and driveways shall be constructed in conform 5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario 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 shall be constructed, as in Schedule “B” attached. The Owner agrees to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro-Medonte. d) Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule “B”. e) Garbage Storage The Owner agrees to provide suitable storage areas for garbage 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, 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. 5 Page 276 of 330 15d) A By 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 veget successfully established. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes the Schedules attached hereto, unless and until such changes hav 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 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) A Certified Cheque in the amount of one hundred percent (100%) of the estimated costs of the said works, and as approved by the Township Enginee c) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, th 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 securi d) Any Certified Cheque or security filed with the Township is b estimated cost of completing the various matters prescribed by t However, all Certified Cheque and security received by the Towns as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Ow terms of this Agreement. e) Upon written notification by the Owner’s agent, certifying that all required works for which the Certified Cheque was submitted have been completed accordance with the plans submitted and upon confirmation by the its agent that the Owner’s obligations under this Agreement have completed, the Township will return said Certified Cheque. f) If in the event of default of the Owner under any of the prov Agreement, it becomes necessary for the Township to realize on i deposits, then the Township shall give, by registered mail, twen notice, its intent to draw down on the security or deposit. 6 Page 277 of 330 15d) A By 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 tit 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, agre 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 ) Democrat Maplewood Limited ) per: ) ) __________________________ ) Name: Enzo Palumbo ) Title: Authorized Signing Officer ) I have authority to bind the Corporation ) ) The Corporation of the ) Township of Oro-Medonte ) per: ) ) ) __________________________ ) H.S. Hughes, Mayor ) ) ) ____________________________ ) J. Douglas Irwin, Clerk 7 Page 278 of 330 15d) A By NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. LEGAL DESCRIPTION OF LANDS Lot 10, Plan 51M-957 as in 58533-0234 LT TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE ROLL # 4346-010-003-26510 8 Page 279 of 330 15d) A By NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. SITE PLAN Site Plan Drawing: Diamond Valley Estates Lot 4, Prepared by Valdor Engineering Inc dated February 14, 2012, and last revised February 27, 2012. Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. 9 Page 280 of 330 15d) A By NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. 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 10 Page 281 of 330 15d) A By NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION 1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT 2. LETTERS OF CREDIT AMOUNT Certified Cheque to be provided by the Owner $1000.00 to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. 11 Page 282 of 330 15e) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-052 A By-law to remove the Holding symbol On lands described as follows: Lot 10, Plan 51M-957 Township of Oro-Medonte, County of Simcoe Roll # 4346-010-003-26510 WHEREAS the Council of the Corporation of the Township of Oro-Medonte i empowered to pass By-laws to remove a Holding provision pursuant the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to remove the Holding provision ap to the subject lands; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1. Schedule ‘A16’, to Zoning By-law No. 97-95 as amended, is her amended by removing the Holding provision applying to lands know Plan 51M-957, Roll # 4346-010-003-26510”as shown on Schedule ‘A’ attached hereto and forming part of this By-law. 2. This By-law shall come into effect upon the date of passage h the provisions of the Planning Act, as amended. TH BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 28 DAY OF MARCH, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes _____ Clerk, J. Douglas Irwin Page 283 of 330 15e) A By Thiss is Schedule 'AA' to Byy-Law 20012-0552 passsed the 28 daay of Maarch, 22012. th Mayoor H.S. Hughs .ee Cle rrk J. Douglass Irwin Page 284 of 330 15f) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-053 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Democrat Maplewood Limited described as lands as follows: Lot 99, Plan 51M-957, as in 58533-0323 LT ROLL # 4346-010-003-26599 TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE WHEREAS authority to enter into Site Plan Control Agreements is provided Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement o herein; AND WHEREAS By-Law No. 2009-062, a By-Law to Designate Areas of the Township as Site Plan Control Areas, was passed by Council for the Townsh pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control, pursuant to By-Law No. 2009-062; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: THAT 1. the Township enter into the Site Plan Control Agreement attache Appendix “A”, on lands described on the attached Schedule “A”; THAT 2. the Mayor and Clerk are hereby authorized to execute the Site P Agreement on behalf of the Corporation of the Township of Oro-Medonte; THAT 3. the attached Appendix “A” and Schedules “A, B, C and D” shall f this By-Law; THAT 4. this By-Law shall take effect on the final passing thereof. TH BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 28 DAY OF MARCH, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ______________________________ MAYOR, H.S. HUGHES ______________________________ CLERK, J. DOUGLAS IRWIN Page 285 of 330 15f) A By - between - - and - DESCRIPTION OF LANDS Lot 99, Plan 51M-957, as in 58533-0323 LT TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE ROLL # 4346-010-003-26599 By-Law No. 2012-053 March 28, 2012 Page 286 of 330 15f) A By 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 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 287 of 330 15f) A By SITE PLAN CONTROL AGREEMENT th This Agreement made, in triplicate, this 28 day of March 2012, in accordance with Section 41 of the Planning Act. B E T W E E N : Democrat Maplewood 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 construction of a model home on lands described in Schedule “A”, attached hereto; AND WHEREAS the Township has enacted a By-law to provide for the designation of the lands as a "Site Plan Control Area"; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule “B”; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: 3 Page 288 of 330 15f) A By 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 subj 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 with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries and Agencies, including, but not limited to, the County of Simcoe. e) The Owner shall, pursuant to Section 6.2.6 of the Subdivision Agreement adopted by Township of Oro-Medonte By-law 2010-059, retain the services archaeologist for their on-site presence and monitoring of any grading or ground alterations within 50 metres of a potential ossuary. f) The Owner shall assume all liability with respect to the discovery of any ossuary and/or archaeologically sensitive features or areas through the development of the subject lands. g) The Owner and/or their agent shall, during any grading or ground alterations, cease work immediately upon the discovery of a potential ossuary and/or archaeologically sensitive feature, and forthwith notify all appropriate Ministries and Agencies, including, but not limited to, the Registrar of Cemeteries and the Township. 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, 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 perfo Owner’s obligations hereunder, unless the context otherwise requires. Every provision of this Agreement, by which the Owner is obligated in any way, shall be deemed to include the words “at the expense of the Owner”, unless specifically stated otherwise. The refundable deposit for expenses and actual cost shall be $1000.00. The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township g) The Owner shall have delivered to the Township, all Transfers/Deeds, Discharges and Easements, or other documents required by Schedule “C”, as w certification from the Owner’s solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all en 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: 4 Page 289 of 330 15f) A By a) That the Township has enacted a By-law to permit the construction of a single detached dwelling with attached garage occupying 3,714 square fe square metres), as described on the Site Plan. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By-laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule “B”, subject to the development restrictions contained herein. 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: 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 way. c) Parking Areas and Driveways All parking areas and driveways shall be constructed in conform 5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario 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 shall be constructed, as in Schedule “B” attached. The Owner agrees to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro-Medonte. d) Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule “B”. e) Garbage Storage The Owner agrees to provide suitable storage areas for garbage 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, 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. 5 Page 290 of 330 15f) A By 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 veget successfully established. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes the Schedules attached hereto, unless and until such changes hav 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 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) A Certified Cheque in the amount of one hundred percent (100%) of the estimated costs of the said works, and as approved by the Township Enginee c) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, th 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 securi d) Any Certified Cheque or security filed with the Township is b estimated cost of completing the various matters prescribed by t However, all Certified Cheque and security received by the Towns as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Ow terms of this Agreement. e) Upon written notification by the Owner’s agent, certifying that all required works for which the Certified Cheque was submitted have been completed accordance with the plans submitted and upon confirmation by the its agent that the Owner’s obligations under this Agreement have completed, the Township will return said Certified Cheque. f) If in the event of default of the Owner under any of the prov Agreement, it becomes necessary for the Township to realize on i deposits, then the Township shall give, by registered mail, twen notice, its intent to draw down on the security or deposit. 6 Page 291 of 330 15f) A By 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 tit 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, agre 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 ) Democrat Maplewood Limited ) per: ) ) __________________________ ) Name: Enzo Palumbo ) Title: Authorized Signing Officer ) I have authority to bind the Corporation ) ) The Corporation of the ) Township of Oro-Medonte ) per: ) ) ) __________________________ ) H.S. Hughes, Mayor ) ) ) ____________________________ ) J. Douglas Irwin, Clerk 7 Page 292 of 330 15f) A By NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. LEGAL DESCRIPTION OF LANDS Lot 99, Plan 51M-957 as in 58533-0323 LT TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE ROLL # 4346-010-003-26599 8 Page 293 of 330 15f) A By NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. SITE PLAN Site Plan Drawing: Diamond Valley Estates Lot 4, Prepared by Valdor Engineering Inc dated May 3, 2011, and last revised February 23, 2012. Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. 9 Page 294 of 330 15f) A By NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. 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 10 Page 295 of 330 15f) A By NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION 1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT 2. LETTERS OF CREDIT AMOUNT Certified Cheque to be provided by the Owner $1000.00 to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. 11 Page 296 of 330 15g) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-054 A By-law to remove the Holding symbol On lands described as follows: Lot 99, Plan 51M-957 Township of Oro-Medonte, County of Simcoe Roll # 4346-010-003-26599 WHEREAS the Council of the Corporation of the Township of Oro-Medonte i empowered to pass By-laws to remove a Holding provision pursuant the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to remove the Holding provision ap to the subject lands; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1. Schedule ‘A16’, to Zoning By-law No. 97-95 as amended, is her amended by removing the Holding provision applying to lands know Plan 51M-957, Roll # 4346-010-003-26599”as shown on Schedule ‘A’ attached hereto and forming part of this By-law. 2. This By-law shall come into effect upon the date of passage h the provisions of the Planning Act, as amended. TH BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 28 DAY OF MARCH, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes _____ Clerk, J. Douglas Irwin Page 297 of 330 15g) A By Thiss is Schedule 'AA' to Byy-Law 20012-0554 passsed the 28 daay of Maarch, 22012. th Mayoor H.S. Hughs .ee Cle rrk J. Douglass Irwin Page 298 of 330 A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-055 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Democrat Maplewood Limited described as lands as follows: Lot 123, Plan 51M-957, as in 58533-0347 LT ROLL # 4346-010-003-26623 TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE WHEREAS authority to enter into Site Plan Control Agreements is provided Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement o herein; AND WHEREAS By-Law No. 2009-062, a By-Law to Designate Areas of the Township as Site Plan Control Areas, was passed by Council for the Townsh pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control, pursuant to By-Law No. 2009-062; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: THAT 1. the Township enter into the Site Plan Control Agreement attache Appendix “A”, on lands described on the attached Schedule “A”; THAT 2. the Mayor and Clerk are hereby authorized to execute the Site P Agreement on behalf of the Corporation of the Township of Oro-Medonte; THAT 3. the attached Appendix “A” and Schedules “A, B, C and D” shall f this By-Law; THAT 4. this By-Law shall take effect on the final passing thereof. TH BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 28 DAY OF MARCH, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ______________________________ MAYOR, H.S. HUGHES ______________________________ CLERK, J. DOUGLAS IRWIN Page 299 of 330 A By - between - - and - DESCRIPTION OF LANDS Lot 123, Plan 51M-957, as in 58533-0347 LT TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE ROLL # 4346-010-003-26623 By-Law No. 2012-055 March 28, 2012 Page 300 of 330 A By 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 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 301 of 330 A By SITE PLAN CONTROL AGREEMENT th This Agreement made, in triplicate, this 28 day of March 2012, in accordance with Section 41 of the Planning Act. B E T W E E N : Democrat Maplewood 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 construction of a model home on lands described in Schedule “A”, attached hereto; AND WHEREAS the Township has enacted a By-law to provide for the designation of the lands as a "Site Plan Control Area"; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule “B”; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: 3 Page 302 of 330 A By 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 subj 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 with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries and Agencies, including, but not limited to, the County of Simcoe. e) The Owner shall, pursuant to Section 6.2.6 of the Subdivision Agreement adopted by Township of Oro-Medonte By-law 2010-059, retain the services archaeologist for their on-site presence and monitoring of any grading or ground alterations within 50 metres of a potential ossuary. f) The Owner shall assume all liability with respect to the discovery of any ossuary and/or archaeologically sensitive features or areas through the development of the subject lands. g) The Owner and/or their agent shall, during any grading or ground alterations, cease work immediately upon the discovery of a potential ossuary and/or archaeologically sensitive feature, and forthwith notify all appropriate Ministries and Agencies, including, but not limited to, the Registrar of Cemeteries and the Township. h) The Owner and/or their agent shall not engage in any work on the subject lands that will impede or alter any fencing within which lies a potential o identified as Lot 122, Plan 51M-957 and, in the event of any impediment or alteration, will forthwith remedy such fencing. 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, 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 perfo 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 $1000.00. 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 w certification from the Owner’s solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all en 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. 4 Page 303 of 330 A By 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By-law to permit the construction of a single detached dwelling with attached garage occupying 2,689 square fe square metres), as described on the Site Plan. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By-laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule “B”, subject to the development restrictions contained herein. 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: 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 way. c) Parking Areas and Driveways All parking areas and driveways shall be constructed in conform 5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario 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 shall be constructed, as in Schedule “B” attached. The Owner agrees to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro-Medonte. d) Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule “B”. e) Garbage Storage The Owner agrees to provide suitable storage areas for garbage shown on the Site Plan, and to install and maintain litter cont 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. 5 Page 304 of 330 A By 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 veget successfully established. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes the Schedules attached hereto, unless and until such changes hav 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 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) A Certified Cheque in the amount of one hundred percent (100%) of the estimated costs of the said works, and as approved by the Township Enginee c) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, th 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 securi d) Any Certified Cheque or security filed with the Township is b estimated cost of completing the various matters prescribed by t However, all Certified Cheque and security received by the Towns as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Ow terms of this Agreement. e) Upon written notification by the Owner’s agent, certifying that all required works for which the Certified Cheque was submitted have been completed accordance with the plans submitted and upon confirmation by the its agent that the Owner’s obligations under this Agreement have completed, the Township will return said Certified Cheque. f) If in the event of default of the Owner under any of the prov Agreement, it becomes necessary for the Township to realize on i deposits, then the Township shall give, by registered mail, twen notice, its intent to draw down on the security or deposit. 6 Page 305 of 330 A By 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 tit 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, agre 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 ) Democrat Maplewood Limited ) per: ) ) __________________________ ) Name: Enzo Palumbo ) Title: Authorized Signing Officer ) I have authority to bind the Corporation ) ) The Corporation of the ) Township of Oro-Medonte ) per: ) ) ) __________________________ ) H.S. Hughes, Mayor ) ) ) ____________________________ ) J. Douglas Irwin, Clerk 7 Page 306 of 330 A By NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. LEGAL DESCRIPTION OF LANDS Lot 123, Plan 51M-957 as in 58533-0347 LT TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE ROLL # 4346-010-003-26623 8 Page 307 of 330 A By NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. SITE PLAN Site Plan Drawing: Diamond Valley Estates Lot 4, Prepared by Valdor Engineering Inc Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. 9 Page 308 of 330 A By NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. 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 10 Page 309 of 330 A By NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION 1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT 2. LETTERS OF CREDIT AMOUNT Certified Cheque to be provided by the Owner $1000.00 to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. 11 Page 310 of 330 15i) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-056 A By-law to remove the Holding symbol On lands described as follows: Lot 123, Plan 51M-957 Township of Oro-Medonte, County of Simcoe Roll # 4346-010-003-26623 WHEREAS the Council of the Corporation of the Township of Oro-Medonte i empowered to pass By-laws to remove a Holding provision pursuant the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to remove the Holding provision ap to the subject lands; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1. Schedule ‘A16’, to Zoning By-law No. 97-95 as amended, is her amended by removing the Holding provision applying to lands know 123, Plan 51M-957, Roll # 4346-010-003-26623”as shown on Schedule ‘A’ attached hereto and forming part of this By-law. 2. This By-law shall come into effect upon the date of passage h the provisions of the Planning Act, as amended. TH BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 28 DAY OF MARCH, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes _____ Clerk, J. Douglas Irwin Page 311 of 330 15i) A By Thiss is Schedule 'AA' to Byy-Law 20012-0556 passsed the 28 daay of Maarch, 22012. th Mayoor H.S. Hughs .ee Cle rrk J. Douglass Irwin Page 312 of 330 A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-059 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Democrat Maplewood Limited described as lands as follows: Lot 11, Plan 51M-957, as in 58533-0235 LT ROLL # 4346-010-003-26511 TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE WHEREAS authority to enter into Site Plan Control Agreements is provided Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement o herein; AND WHEREAS By-Law No. 2009-062, a By-Law to Designate Areas of the Township as Site Plan Control Areas, was passed by Council for the Townsh pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control, pursuant to By-Law No. 2009-062; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: THAT 1. the Township enter into the Site Plan Control Agreement attache Appendix “A”, on lands described on the attached Schedule “A”; THAT 2. the Mayor and Clerk are hereby authorized to execute the Site P Agreement on behalf of the Corporation of the Township of Oro-Medonte; THAT 3. the attached Appendix “A” and Schedules “A, B, C and D” shall f this By-Law; THAT 4. this By-Law shall take effect on the final passing thereof. TH BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 28 DAY OF MARCH, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ______________________________ MAYOR, H.S. HUGHES ______________________________ CLERK, J. DOUGLAS IRWIN Page 313 of 330 A By - between - - and - DESCRIPTION OF LANDS Lot 11, Plan 51M-957, as in 58533-0235 LT TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE ROLL # 4346-010-003-26511 By-Law No. 2012-059 March 28, 2012 Page 314 of 330 A By 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 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 315 of 330 A By SITE PLAN CONTROL AGREEMENT th This Agreement made, in triplicate, this 28 day of March 2012, in accordance with Section 41 of the Planning Act. B E T W E E N : Democrat Maplewood 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 construction of a model home on lands described in Schedule “A”, attached hereto; AND WHEREAS the Township has enacted a By-law to provide for the designation of the lands as a "Site Plan Control Area"; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule “B”; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: 3 Page 316 of 330 A By 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 subj 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 with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries and Agencies, including, but not limited to, the County of Simcoe. e) The Owner shall, pursuant to Section 6.2.6 of the Subdivision Agreement adopted by Township of Oro-Medonte By-law 2010-059, retain the services archaeologist for their on-site presence and monitoring of any grading or ground alterations within 50 metres of a potential ossuary. f) The Owner shall assume all liability with respect to the discovery of any ossuary and/or archaeologically sensitive features or areas through the development of the subject lands. g) The Owner and/or their agent shall, during any grading or ground alterations, cease work immediately upon the discovery of a potential ossuary and/or archaeologically sensitive feature, and forthwith notify all appropriate Ministries and Agencies, including, but not limited to, the Registrar of Cemeteries and the Township. 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, 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 perfo Owner’s obligations hereunder, unless the context otherwise requires. Every provision of this Agreement, by which the Owner is obligated in any way, shall be deemed to include the words “at the expense of the Owner”, unless specifically stated otherwise. The refundable deposit for expenses and actual cost shall be $1000.00. The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township g) The Owner shall have delivered to the Township, all Transfers/Deeds, Discharges and Easements, or other documents required by Schedule “C”, as w certification from the Owner’s solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all en 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: 4 Page 317 of 330 A By a) That the Township has enacted a By-law to permit the construction of a single detached dwelling with attached garage occupying 3,714 square fe square metres), as described on the Site Plan. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By-laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule “B”, subject to the development restrictions contained herein. 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: 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 way. c) Parking Areas and Driveways All parking areas and driveways shall be constructed in conform 5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario 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 shall be constructed, as in Schedule “B” attached. The Owner agrees to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro-Medonte. d) Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule “B”. e) Garbage Storage The Owner agrees to provide suitable storage areas for garbage 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, 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. 5 Page 318 of 330 A By 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 veget successfully established. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes the Schedules attached hereto, unless and until such changes hav 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 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) A Certified Cheque in the amount of one hundred percent (100%) of the estimated costs of the said works, and as approved by the Township Enginee c) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, th 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 securi d) Any Certified Cheque or security filed with the Township is b estimated cost of completing the various matters prescribed by t However, all Certified Cheque and security received by the Towns as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Ow terms of this Agreement. e) Upon written notification by the Owner’s agent, certifying that all required works for which the Certified Cheque was submitted have been completed accordance with the plans submitted and upon confirmation by the its agent that the Owner’s obligations under this Agreement have completed, the Township will return said Certified Cheque. f) If in the event of default of the Owner under any of the prov Agreement, it becomes necessary for the Township to realize on i deposits, then the Township shall give, by registered mail, twen notice, its intent to draw down on the security or deposit. 6 Page 319 of 330 A By 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 tit 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, agre 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 ) Democrat Maplewood Limited ) per: ) ) __________________________ ) Name: Enzo Palumbo ) Title: Authorized Signing Officer ) I have authority to bind the Corporation ) ) The Corporation of the ) Township of Oro-Medonte ) per: ) ) ) __________________________ ) H.S. Hughes, Mayor ) ) ) ____________________________ ) J. Douglas Irwin, Clerk 7 Page 320 of 330 A By NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. LEGAL DESCRIPTION OF LANDS Lot 11, Plan 51M-957 as in 58533-0235 LT TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE ROLL # 4346-010-003-26511 8 Page 321 of 330 A By NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. SITE PLAN Site Plan Drawing: Diamond Valley Estates Lot 4, Prepared by Valdor Engineering Inc Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. 9 Page 322 of 330 A By NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. 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 10 Page 323 of 330 A By NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION 1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT 2. LETTERS OF CREDIT AMOUNT Certified Cheque to be provided by the Owner $1000.00 to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. 11 Page 324 of 330 15k) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-060 A By-law to remove the Holding symbol On lands described as follows: Lot 11, Plan 51M-957 Township of Oro-Medonte, County of Simcoe Roll # 4346-010-003-26511 WHEREAS the Council of the Corporation of the Township of Oro-Medonte i empowered to pass By-laws to remove a Holding provision pursuant the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to remove the Holding provision ap to the subject lands; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1. Schedule ‘A16’, to Zoning By-law No. 97-95 as amended, is her amended by removing the Holding provision applying to lands know Plan 51M-957, Roll # 4346-010-003-26511”as shown on Schedule ‘A’ attached hereto and forming part of this By-law. 2. This By-law shall come into effect upon the date of passage h the provisions of the Planning Act, as amended. TH BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 28 DAY OF MARCH, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes _____ Clerk, J. Douglas Irwin Page 325 of 330 15k) A By Thiss is Schedule 'AA' to Byy-Law 20012-0660 passsed the 28 daay of Maarch, 22012. th Mayoor H.S. Hughs .ee Cle rrk J. Douglass Irwin Page 326 of 330 15l) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-064 A By-law to amend the zoning provisions On lands described as follows: Concession 5, East Part of Lot 19, 5718 Line 5 North, Township of Oro-Medonte, County of Simcoe Roll # 4346-010-007-09202 WHEREAS the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to rezone the subject lands, in accordance with Section C1 of the Official Plan; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1. Schedule ‘A22’ to Zoning By-law 97-95, as amended, is hereby further amended by changing the zone symbol applying to the lands being Concession 5, East Part of Lot 19, 5718 Line 5 North, in the former geographic Township of Medonte, now in the Township of Oro-Medonte, from the Environmental Protection (EP) Zone to the Agricultural/Rural (A/RU) Zone as shown on Schedule ‘A’ attached hereto and forming part of this By-law. 2. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. TH BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 28 DAY OF MARCH, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 327 of 330 15l) A By Thiss is Schedule 'AA' to Byy-Law 20012-0664 passsed the 28dayy of Maarch, 20012. th Mayoor H.S. Hughees Clek rr J.. Douglass Irwin TOWNNSHIP OF ORO-MEDDONTE Page 328 of 330 15m) A Bylaw to Appoint an Acting Fire Chief [to be distr... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-065 A By-law to Appoint an Acting Fire Chief WHEREAS the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4, Section 6, as amended, states that if a fire department is established for the municipality, the Council of the municipality shall appoint a fire chief for the fire department; AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte did, th on the 25 day of November 2009, enact By-law No. 2009-165, Being a By-law Establish and Regulate a Fire Department; AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte did, th on the 12 day of July 2006, enact By-law No. 2006-072, Being a By-law to Fire Chief; AND WHEREAS By-law No. 2006-072 appoints the employee holding the position of Director of Fire and Emergency Services, as the Fire Chief; AND WHEREAS the position of Director of Fire and Emergency Services is currently vacant; AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte deems it expedient to appoint an Acting Fire Chief; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That the following employee of the Township of Oro-Medonte is hereby appointed as Acting Fire Chief: “Hugh Murray” 2. That the duties and responsibilities shall be performed and carried out as provided within the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4, as amended. 3. That this appointment shall be effective March 26, 2012. 4. This by-law shall take effect on the final passing thereof. TH BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 28 DAY OF MARCH, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 329 of 330 18a) Being a ByLaw to Confirm the Proceedings of the Coun... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-063 Being a By-Law to Confirm the Proceedings of the Council Meeting Wednesday, March 28, 2012 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, March 28, 2012, and in respect to each Motion, Resolution and ot 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 28 DAY OF MARCH, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE __________________________ Mayor, H.S. Hughes __________________________ Clerk, J. Douglas Irwin Page 330 of 330