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06 06 2012 Council Agenda
Township o_ f Prond Heritage, Exciting Frahrre THE TOWNSHIP OF ORO- MEDONTE COUNCIL MEETING AGENDA COUNCIL CHAMBERS Wednesday, June 6, 2012 9:00 am - Closed Session 12:30 pm - Open Session (Note Amended Time) Page 1. CALL TO ORDER - PRIVATE PRAYER /MOMENT OF REFLECTION: 2. ADOPTION OF AGENDA: a) Motion to Adopt the Agenda. 3. DISCLOSURE OF PECUNIARY INTEREST: 4. CLOSED SESSION ITEMS: a) Motion to go In Closed Session. b) Motion to Rise and Report. c) Shawn Binns, Director of Recreation and Community Services re: Acquisition /disposition of land (Parkland Acquisition). d) Donna Hewitt, Director of Corporate & Strategic Initiatives and Shawn Binns, Director of Recreation and Community Services re: Acquisition /disposition of land (Nurse Practitioner Clinic). e) Tamara Obee, Manager, Health & Safety, Human Resources re: Labour Relations /Employee negotiations (Policy Provisions). f) Doug Irwin, Director of Corporate Services /Clerk re: Acquisition /disposition of land (Unopened Road Allowance 15/16 Sideroad between Line 9 and 10). g) Doug Irwin, Director of Corporate Services /Clerk re: Acquisition /disposition of land (Bidwell Road). h) Doug Irwin, Director of Corporate Services /Clerk re: Litigation affecting the municipality (Lakeshore Promenade). 5. IDENTIFICATION FROM THE PUBLIC OF AN AGENDA ITEM OF INTEREST: 6. MINUTES OF COUNCIL AND COMMITTEES: 5 -7 a) Minutes of Special Council meeting held on May 23, 2012. 8 -29 b) Minutes of Council meeting held on May 23, 2012. 30 -31 c) Minutes of Oro - Medonte History Association meeting held on April 18, 2012. 32 -35 d) Minutes of Recreation Technical Support Group meeting held on May 31, 2012. Page 1 of 277 Page Council Meeting Agenda - June 6, 2012. 7. RECOGNITION OF ACHIEVEMENTS: None. 8. PUBLIC MEETINGS: None. 9. DEPUTATIONS: None. 10. REPORTS OF MUNICIPAL OFFICERS: 36 -57 a) Paul Gravelle, Director of Finance /Treasurer /Deputy CAO re: Review of 2011 Draft Consolidated Financial Statements for the Year Ended December 31, 2011 [draft financial statements to be distributed at meeting] 58 -60 b) Report No. F12012 -13, Paul Gravelle, Director of Finance /Treasurer /Deputy CAO re: Banking Services. 61 -63 c) Report No. F12012 -14, Paul Gravelle, Director of Finance /Treasurer /Deputy CAO re: Statement of Accounts - May 31, 2012. 64 -66 d) Report No. TES2012 -12, Jerry Ball, Director of Transportation and Environmental Services re: Results for 2012 Vehicle Quotation (1 — '/2 Ton Pick Up, Regular Cab — 2 Wheel Drive), for the Environmental Services Department. 67 -80 e) Report No. DS2012 -34, Andria Leigh, Director Development Services re: Plan of Subdivision Application 2011- ZBA -02 (Teskey) Part of Lot 5, Concession 14, East Side of Line 13 ( Medonte), Township of Oro - Medonte. 81 -96 f) Report RC2012 -13, Shawn Binns, Director of Recreation and Community Services re: Craighurst Community Hall Update. 97 -106 g) Report No. CS2012 -20, Doug Irwin, Director of Corporate Services /Clerk re: Sale and Other Disposition of Land Policy [Refer to Item 15a)]. 107 -109 h) Report No. FD2012 -03, Hugh Murray, Acting Fire Chief re: Moonstone Communication Tower. 110 i) Robin Dunn, Chief Administrative Officer re: Reschedule July 18, 2012 Council meeting to July 11, 2012. 111 -117 j) Robin Dunn, Chief Administrative Officer, re: OLG Lottery & Gaming Modernization Regional Information Session, Thursday, June 7, 2012, 10:00am- 12:00pm, Delta Toronto East, 2035 Kennedy Road, Toronto. 118 -141 k) Andria Leigh, Director of Development Services re: Renewable Energy Application to Ministry of the Environment, Orillia 1 ULC 1599 Line 13 N., Hawkestone, Part S 1/2, Lot 7, Concession 14, Oro - Medonte, County of Simcoe. 142 -164 1) Andria Leigh, Director of Development Services re: Renewable Energy Application to Ministry of the Environment, Orillia 3 ULC, Lot 7, Concession 14, Oro - Medonte, County of Simcoe. Page 2 of 277 Council Meeting Agenda - June 6, 2012. Page 10. REPORTS OF MUNICIPAL OFFICERS: 165 -186 m) Andria Leigh, Director of Development Services re: Renewable Energy Application to Ministry of the Environment, Midhurst 4 ULC, Lot 20, Concession 6, Part 1, Plan 51 R- 16497, Oro - Medonte, County of Simcoe. 11. REPORTS OF MEMBERS OF COUNCIL: 187 a) Mayor H.S. Hughes re: Ontario Early Years Simcoe North 10th Anniversary, Tuesday, June 26, 2012, 10:00am- 1:00pm, Couchiching Park @ the Pavillion. 12. CONSENT AGENDA: 188 -191 a) Announcements of Interest to the Public: 1. Severn Sound Environmental Association, 2012 Open House, Thursday June 14th, 2012, 3:OOpm - 7:OOpm, Midland Public Library - Assembly Room, Lower Level, 320 King Street Midland. 2. Oro - Medonte Fire & Rescue, Ice Floe Slo -Pitch Tournament, Lions Ball Diamonds (Behind Oro - Medonte Community Centre, 71 Line 4 North), Saturday, July 14, 2012. 3. Ward 2, Open House & Travelling Council Meeting, Wednesday, June 13, 2012 at the Eady Community Hall, 73 Eady Station Road, 6:OOpm Open House; 7:OOpm Council Meeting. 4. Thermal Imaging Camera presentation, Sunday, June 10, 2012, Warminster Legion, Branch 619, 1:OOpm- 3:OOpm. 192 -200 b) Correspondence dated May 15, 2012 from the Ontario Municipal Board re: Decision Delivered by R. Rossi and Order of the Board, By -Law No. 2011- 138, PL111083. Staff Recommendation: Receive. 201 -204 c) Minutes of Sustainability Plan Steering Committee (SPSC), Sustainable Severn Sound meeting held on May 16, 2012. Staff Recommendation: Receive. 205 -216 d) Lake Simcoe Region Conservation Authority, minutes of meeting held on April 27, 2012 and highlights of meeting held on May 25, 2012. Staff Recommendation: Receive. 217 -223 e) Minutes of Nottawasaga Valley Conservation Authority meeting held on April 27, 2012. Staff Recommendation: Receive. 224 -226 f) Correspondence dated May 30, 2012 from Mayors Coalition Steering Committee re: Mayors Coalition for Affordable Sustainable Accountable Policing. Staff Recommendation: Receive. 13. COMMUNICATIONS: 227 a) Correspondence dated May 25, 2012 from Linda Jeffrey, Minister Responsible for Seniors re: Request to Proclaim June, 2012 as Seniors' Page 3 of 277 Page Council Meeting Agenda - June 6, 2012. 13. COMMUNICATIONS: Month; and Parks and Recreation Month. 228 b) Correspondence received May 22, 2012 from Lorys Fraccaro re: Request for Exemption to By -Law No. 2011 -177, "Canine Control By- Law ". 229 -230 c) Correspondence dated May 22, 2012 from Mayor Ken Ferguson, Clearview Township re: Community Grand Opening, Joint Emergency Services Facility, 6993 Highway 26, Stayner, Saturday, June 16, 2012 10:00am- 2:00pm, Official Ceremony, 11:00am. 231 d) Orillia Public Library re: Grand Opening Celebration, 36 Mississaga Street West, Orillia. 232 -234 e) Correspondence dated May 24, 2012 from Garfield Dunlop, Simcoe North MPP re: Reception at Orillia Museum of Art and History, Sunday, June 24, 2012, 30 Peter Street South, Orillia. 14. NOTICE OF MOTIONS: None. 15. BY -LAWS: 235 -240 a) By -Law No. 2012 -112 Being a By -law to Establish a Policy with respect to the Sale and Other Disposition of Land and to Repeal By -law Nos. 2007 -083, 2007 -104 and 2009 -119. 241 -276 b) By -Law No. 2012 -114 Being a By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Stornburn Construction Ltd. for Township of Oro - Medonte Administration Building HVAC Replacement, (Tender RC- 2012 -02). 16. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM: 17. CLOSED SESSION ITEMS (UNFINISHED ITEMS): 18. CONFIRMATION BY -LAW: 277 a) By -Law No. 2012 -113 Being a By -Law to Confirm the Proceedings of the Council meeting held on Wednesday, June 6, 2012. 19. ADJOURNMENT: a) Motion to Adjourn. Page 4 of 277 6a) - Minutes of Special Council meeting held on May 23, 201 THE TOWNSHIP OF ORO- MEDONTE SPECIAL COUNCIL MEETING MINUTES Council Chambers Touaulaip o� J,�/,�/"� Dram +d Heritage, Exciting Future Wednesday, May 23, 2012 TIME: 4:32 p.m. 2010 - 2014 COUNCIL Present: Mayor H.S. Hughes Deputy Mayor Ralph Hough Councillor Kelly Meyer Councillor Marty Lancaster Councillor John Crawford Councillor Dwight Evans Regrets: Councillor Mel Coutar,�he Staff Robin Dunn, Chief Ad, , ni- ative Officer; Doug Irwin, Director of Present: Corporate Services /Clef ., Janette Teeter, Deputy Clerk; Curtis Shelswell, Chief Municipal Law Enfo ::�ment Officer; Marie Brissette, Committee Coordinator; Robert Belsey; Municipal Law Enforcement Officer; Jen Jermey, Records Clerk Also Ghulam Jilani, Wayne Whitechuroh Present: _ w _ TA 1. CALL TO ORDER - PRIVATE PRAYER/MOMENT OF REFLECTION: Mayor H.S. Hughes assumed the Chair and called the meeting to order followed by a private prayer /moment of reflection. 2. ADOPTION OF AGENDA: a) Motion to Adopt the Agenda. Motion No. SC120523 -1 Moved by Evans, Seconded by Crawford Be it resolved that the agenda for the Special Council meeting of Wednesday, May 23, 2012 be received and adopted. Carried. Page 1 of 3 Page 5 of 277 6a) - Minutes of Special Council meeting held on May 23, 201 Special Council Meeting Minutes — May 23, 2012. 3. DISCLOSURE OF PECUNIARY INTEREST: None declared. 4. HEARING: a) Notice of Hearing Items 4a) and 4b) were dealt with at the same times b) Excerpt from Towing By -Law No. 2011 -093 Motion No. SC120523 -2 Moved by Hough, Seconded by Lancaster " Page 2 of 3 Page 6 of 277 6a) - Minutes of Special Council meeting held on May 23, 201 Special Council Meeting Minutes — May 23, 2012. 5. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM: Be it resolved that By -Law No. 2012 -111, being a by -law to confirm the proceedings of the Special Council meeting held on Wednesday, May 23, 2012 be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor. No 4% - Carried. 7. ADJOURNMENT: a) Motion to Adjourn. Motion No. SC120523 -5 Moved by Lancaster, Sec Be it resolved that we do now adjourn at 5:46 p.m. Mayor, H.S. Hughes Clerk, J. Douglas Irwin Carried. Page 3 of 3 Page 7 of 277 6b) - Minutes of Council meeting held on May 23, 2012. THE TOWNSHIP OF ORO- MEDONTE — OWW + REGULAR COUNCIL MEETING MINUTES A Townshipof Council Chambers Prorld HrtiI41ge% Exeirior.{ MoIrerr Wednesday, May 23, 2012 2010 - 2014 COUNCIL Present: Mayor H.S. Hughes Deputy Mayor Ralph Hough Councillor Kelly Meyer Councillor Marty Lancaster Councillor John Crawford Councillor Dwight Evans Regrets: Councillor Mel Coutanche TIME: 6:05 p.m. Staff Robin Dunn, Chief A& : r'. - : °ative Officer; Doug Irwin, Director of Present: Corporate Services /Cle i Andria Leigh, Director of Development Services; Jerry Ball, Direr of Transportation and Environmental Services; 7.. Hewitt, Di )ctor of Corporate & Strategic Initiatives; Shawn'.. ::.,s, U, ector of Recreation and Community Services; Hugh Murray, .Tting Fire Chief; Tamara Obee, Manager Health & Safety, Human R;: �urces; Janette Teeter, Deputy Clerk Also Ted Duncan, b:.: Liscombe, Ron Hunt, John Kranjec, Sue & Gord Present: Roehner, Susan `Woods, John Boville, Angela Rudy (Rudy & Associates Ltd.), Ann Budge, Ann Truyens CALL TO ORDER - PRIVATE PRAYER/MOMENT OF REFLECTION: Mayor H.S. Hughes assumed the Chair and called the meeting to order followed by a private prayer /moment of reflection. 2. ADOPTION OF AGENDA: a) Motion to Adopt the Agenda. Motion No. C120523 -1 Moved by Crawford, Seconded by Evans Be it resolved that the agenda for the Council meeting of Wednesday, May 23, 2012 be received and adopted. Page 1 of 22 Page 8 of 277 6b) - Minutes of Council meeting held on May 23, 2012. Council Meeting Minutes — May 23, 2012. 3. DISCLOSURE OF PECUNIARY INTEREST: None declared. 4. CLOSED SESSION ITEMS: a) Motion to go In Closed Session. Motion No. C120523 -2 Moved by Evans, Seconded by Meyer Be it resolved that we do now go in Closed Session at 6:06 p.m. to discuss • acquisition /disposition of land; • personal matter affecting an identifiable individual; • litigation affecting the municipality. Carried. Carried. Moved by Lancaster, Seconded by Evans Be it resolved that we do now Rise at 6:56 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 (Staffing Update). d) Robin Dunn, CAO, re: Litigation affecting the municipality (Claim against the municipality). e) Doug Irwin, Director of Corporate Services /Clerk, re: Personal matters about an identifiable individual (Recreation Technical Support Group). f) Doug Irwin, Director of Corporate Services /Clerk, re: Acquisition /disposition of land (Forrester Road). g) Doug Irwin, Director of Corporate Services /Clerk re: Acquisition /disposition of land (Bidwell Road). Carried. Page 2 of 22 Page 9 of 277 6b) - Minutes of Council meeting held on May 23, 2012. Council Meeting Minutes — May 23, 2012. c) Robin Dunn, CAO, re: Personal matters about an identifiable individual (Staffing Update) The following staff were present: Robin Dunn, Chief Administrative Officer; Doug Irwin, Director of Corporate Services /Clerk; Tamara Obee, Manager, Health & Safety, Human Resources. Motion No. C120523 -4 Moved by Meyer, Seconded by Lancaster Page 3 of 22 Page 10 of 277 6b) - Minutes of Council meeting held on May 23, 2012. Council Meeting Minutes — May 23, 2012. f) Doug Irwin, Director of Corporate Services /Clerk, re: Acquisition /disposition of land (Forrester Road). The following staff were present: Robin Dunn, Chief Administrative Officer; Doug Irwin, Director of Corporate Services /Clerk; Andria Leigh, Director of Development Services; Jerry Ball, Director of Transportation and Environmental Services; Shawn Binns, Director of Recreation and Community Services. Motion No. C120523 -7 Page 4 of 22 Page 11 of 277 6b) - Minutes of Council meeting held on May 23, 2012. Council Meeting Minutes — May 23, 2012. 5. IDENTIFICATION FROM THE PUBLIC OF AN AGENDA ITEM OF INTEREST: 6. MINUTES OF COUNCIL AND COMMITTEES: a) Minutes of Council meeting held on May 9, 2012. Motion No. C120523 -9 Moved by Evans, Seconded by Lancaster Be it resolved that the draft minutes of the Council meeting held on Wednesday, May 9, 2012, be adopted as printed and circulated. Carried. b) Minutes of the Committee of Adjustment meeting held on May 17, 2012. Motion No. C120523 -10 1\0 N Moved by Evans, Seconded by Meyer Be it resolved that the draft m May 17, 2012 be received. 1% 7. RECOGNITION OF ACHIEVEMENTS: mittee of Adjustment meeting held on h6s�'%* Carried. a) Correspondence dated May 1, 2012 from'fhe Simcoe County Federation of Agriculture, re: Thank You. Motion No. C120523-11 Moved by Evans, Seconded by Crawford Be it resolved 1. That the correspondence dated May 1, 2012 from the Simcoe County Federation of Agriculture, re: Thank You be received. 2. And that the Oro - Medonte Firefighters be recognized under the Mayor's signature. Carried. Page 5 of 22 Page 12 of 277 6b) - Minutes of Council meeting held on May 23, 2012. Council Meeting Minutes — May 23, 2012. b) Simcoe County Road Supervisors Association Truck Safety Roadeo 2012 — Recognition of Township of Oro - Medonte Drivers. Motion No. C120523 -12 Moved by Meyer, Seconded by Lancaster Motion No. C120523 -13 Moved by Crawford, Seconded b Be it resolved WW 1. That the certificate correspondence from the Ontario Parks Association, re: Successful Completion of Parks Equipment Safety course be received. 2. And that Jim Scanlan and Phil Patchell be recognized under the Mayor's signature. Carried. 9. DEPUTATIONS: None. Page 6 of 22 Page 13 of 277 6b) - Minutes of Council meeting held on May 23, 2012. Council Meeting Minutes — May 23, 2012. 10. REPORTS OF MUNICIPAL OFFICERS: a) Report No. DS2012 -028, Andria Leigh, Director of Development Services, re: Proposed Zoning By -law Amendment Application 2009 - ZBA -05 (APT Operational Management Inc. and Mark Porter) Parts 3, 4, and 6, Plan 51 R -28938 & Parts 1 and 2, Plan 51 R- 33292, 2981 & 3003 Ridge Road West (Oro), Township of Oro - Medonte [Refer to Item 15k)]. Motion No. C120523 -14 Moved by Lancaster, Seconded by Meyer Be it resolved 1. That Report No. DS2012 -028, Andria Leigh, Director of Development Services, re: Zoning By -law Amendment Application 2009 - ZBA -05 for APT Operational Management Inc., Part 2, Plan 51 R- 33292, 3003 Ridge Road West, and for Mark Porter, Parts 3, 4, and 6, Plan 51 R- 28938, and Part 1, Plan 51 R- 33292, 2981 Ridge Road West, (Oro), Township of Oro - Medonte, be received and adopted. 2. That Zoning By -law Amendment Application 2009 - ZBA -05 for APT Operational Management Inc., Part 2, Plan 51 R- 33292, 3003 Ridge Road West, and for Mark Porter, Parts 3, 4, and 6, Plan 51 R- 28938, and Part 1, Plan 51 R- 33292, 2981 Ridge Road West, on Schedule Al, amending portions of the subject lands as outlined below and amending Sections 7.133 (Exception 133) and 7.134 (Exception 134), be approved: a) From the Agricultural /Rural Exception 133 (A /RU *133) Zone to Agricultural /Rural Exception 133 Hold (A /RU *133(H)) Zone; b) From the Shoreline Residential Exception 133 (SR *133) Zone to Shoreline Residential Exception 133 Hold (SR *133(H)) Zone; c) From the Agricultural /Rural Exception 134 (A /RU *134) Zone to Agricultural /Rural Exception 133 Hold (A /RU *133(H)) Zone; d) From the Shoreline Residential Exception 134 (SR *134) Zone to Shoreline Residential Exception 133 Hold (SR *133(H)) Zone; and e) From the Shoreline Residential Exceptions 133 (SR *133) and 134 (SR *134) Zones, respectively, to the Environmental Protection 214 Hold (EP *214(H)) Zone. 3. That the appropriate 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. Page 7 of 22 Page 14 of 277 6b) - Minutes of Council meeting held on May 23, 2012. Council Meeting Minutes — May 23, 2012 b) Report No. DS2012 -031, Andria Leigh, Director of Development Services, re: Site Plan Agreements (Democrat Maplewood Limited) 2012 - SPA -14, Lot 6, Plan 51 M -957, 12 Diamond Valley Drive, and 2012 - SPA -15, Lot 3, Plan 51 M -957, 6 Diamond Valley Drive (Former Township of Oro) [Refer to Items 15a), b), c), d)]. Motion No. C120523 -15 Moved by Evans, Seconded by Crawford Page 8 of 22 Page 15 of 277 6b) - Minutes of Council meeting held on May 23, 2012. Be it resolved 1. That Report No. TES2012 -10, Jerry Ball, Director of Transportation and Environmental Services, re: Water Service Connection Agreement for 3367 Line 6 N — Bowman Builder Ltd. be received and adopted. 2. That the Township enters into a Water Service Connection Agreement with Bowman Builder Ltd. for 3367 Line 6 North. 3. That the Township install a water service to 3367 Line 6 North in exchange for a portion of Block 86, Registered Plan 51 M -367 at the rear of Lots 21 and 22, Registered Plan M -367, with costs for the land transfer to be paid for by the Township. 4. That the Mayor and Clerk be authorized to execute all required documentation. 5. That appropriate By -law be brought forward for Council's consideration. 6. And That the applicant be notified of Council's decision under the Director of Transportation and Environmental Services' signature. Carried. Page 9 of 22 Page 16 of 277 6b) - Minutes of Council meeting held on May 23, 2012. Council Meeting Minutes — May 23, 2012. f) Report No. RC2012 -10, Shawn Binns, Director of Recreation and Community Services, re: Administration Office HVAC Tender. Motion No. C120523 -19 Moved by Lancaster, Seconded by Evans Be it resolved 1. That Report No. RC2012 -10, Shawn Binns, Director of Recreation and Community Services, re: Administration Office HVAC Tender be received and adopted. 2. That Tender RC2012 -02 be awarded to Stornburn Construction Ltd. in the amount of $509,338.00 inclusive of HST. 3. That the additional funding requirement of $7,175.00 be approved and funded through the budget stabilization reserve fund. 4. That the appropriate By -law be brought forward for Council's consideration. 5. And That the companies who submitted tenders be advised of Council's decision under the Director of Recreation and Community Services' signature. Carried. g) Report No. FD2012 -01, Hugh Murray, Acting Fire Chief, re: Orillia Canada Day Snowbirds. Motion No. C120523 -20 Moved by Meyer, Seconded by C Be it resolved 1. That Report No. FD2012 -01, Hugh Murray, Acting Fire Chief, Snowbirds be received. 2. And That staff proceed as directed by Council. re: Orillia Canada Day Carried. h) Report No. FD2012 -02, Hugh Murray, Acting Fire Chief, re: EOC Repeater Project. Motion No. C120523 -21 Moved by Lancaster, Seconded by Crawford Be it resolved 1. That Report No. FD2012 -02, Hugh Murray, Acting Fire Chief, re: EOC Repeater Project be received and adopted. 2. That the Mayor and Clerk be authorized to execute the JEPP approval documents. 3. And That staff proceed with the EOC Repeater Project. Carried. Page 10 of 22 Page 17 of 277 6b) - Minutes of Council meeting held on May 23, 2012. Council Meeting Minutes — May 23, 2012. i) Report No. CS2012 -17, Doug Irwin, Director of Corporate Services /Clerk, re: Alcohol and Gaming Commission of Ontario (AGCO) Lottery Licensing Policies re: Orillia Fish and Game Conservation Club, 50/50 Draws. Motion No. C120523 -22 Moved by Crawford, Seconded by Lancaster Motion No. C120523 -24 Moved by Lancaster, Seconded by Evans Be it resolved 1. That the information presented by Mayor H.S. Hughes, re: Request to Proclaim July 1, 2012 as Tragically Hip Day be received and denied pursuant to the Township's Proclamation Policy POL- ADM -03. 2. And That the promoter be advised of Council's decision under the Mayor's signature. Carried. Page 11 of 22 Page 18 of 277 6b) - Minutes of Council meeting held on May 23, 2012. Page 19 of 277 6b) - Minutes of Council meeting held on May 23, 2012. Council Meeting Minutes — May 23, 2012. 12. CONSENT AGENDA: a) Announcements of Interest to the Public • Singer- Songwriter Anne Walker - 7:00 p.m., Saturday, May 26, 2012, Coulson Church, Horseshoe Valley Road b) Minutes of the Barrie Public Library Board meeting held on February 23, 2012. Staff Recommendation: Receive. c) Minutes of the Lake Simcoe Region Conservation Authority meeting held on March 23, 2012 and highlights of meeting held on April 27, 2012. Staff Recommendation: Receive. d) Correspondence dated May 7, 2012 from Gayle Wood, CAO, Lake Simcoe Region Conservation Authority, re: 2012 Lake Simcoe Region Conservation Authority - Budget and Municipal Levies. 'X Staff Recommendation: Receive. e) Minutes of the Sustainability Plan Steering Committee meeting held on April 5, 2012. Staff Recommendation: Receive. f) Severn Sound Environmental Association 2011 Annual Report. Staff Recommendation: Receive. g) Correspondence dated May 4, 2012 from John Stager, Chief Drinking Water Inspector /Assistant Deputy Minister, Ministry of the Environment, re: Transition of Accreditation Bodies under the Municipal Drinking Water Licensing Program. Staff Recommendation: Receive. h) Correspondence dated May 8, 2012 from Bruce Stanton, MP, Simcoe North, re: Request for Senior Levels of Government to Take Action Against Global Warning and Climate Change. Staff Recommendation: Receive. i) Correspondence dated May 15, 2012 from the Ontario Municipal Board, re: Appeal - 2011 -A -18, Zahra Assadian, 1753 Ridge Road West. Staff Recommendation: Receive. Page 13 of 22 Page 20 of 277 6b) - Minutes of Council meeting held on May 23, 2012. Council Meeting Minutes — May 23, 2012. Motion No. C120523 -27 Moved by Evans, Seconded by Lancaster 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 • Singer- Songwriter Anne Walker - 7:00 p.m., Saturday, May 26, 2012, Coulson Church, Horseshoe Valley Road; • Oro - Medonte Chamber of Commerce Golf Tournament - 8:45 a.m., Tuesday, May 29, 2012, Horseshoe Resort; • Severn Sound Environmental Association Open House 2012 - 3:00 p.m., Thursday, June 14, 2012, Midland Public Library. b) Minutes of the Barrie Public Library Board meeting held on February 23, 2012. Received. f) Severn Sound Environmental Association 2011 Annual Report. Received. g) Correspondence dated May 4, 2012 from John Stager, Chief Drinking Water Inspector /Assistant Deputy Minister, Ministry of the Environment, re: Transition of Accreditation Bodies under the Municipal Drinking Water Licensing Program. Received. h) Correspondence dated May 8, 2012 from Bruce Stanton, MP, Simcoe North, re: Request for Senior Levels of Government to Take Action Against Global Warning and Climate Change. Received. i) Correspondence dated May 15, 2012 from the Ontario Municipal Board, re: Appeal - 2011 -A -18, Zahra Assadian, 1753 Ridge Road West. Received. Carried. Page 14 of 22 Page 21 of 277 6b) - Minutes of Council meeting held on May 23, 2012. Council Meeting Minutes — May 23, 2012. 13. COMMUNICATIONS: a) Invitation received May 1, 2012 from Lori Mcphee, Georgian College, re: Brian Tamblyn Retirement Dinner. Motion No. C120523 -28 Moved by Crawford, Seconded by Meyer Be it resolved 1. That the Invitation received May 1, 2012 from Lori Mcphee, Georgian College, re: Brian Tamblyn Retirement Dinner be received. 2. That Mayor H.S. Hughes be authorized to attend without per diem. 3. And That the CAO's office RSVP accordingly. Carried. b) 24th Annual George Richardson Conservation Gala, Lake Simcoe Conservation Foundation, June 1, 2012 - Riviera Parque Dining, Banquet & Convention Centre, Concord. Motion No. C120523 -29 Carried. c) Team Howard Celebration, Saturday, May 26, 2012 - Coldwater and District Curling Club, Coldwater. ......:.:....:. Motion No. C120523 -30 Moved by Meyer, Seconded by Crawford Be it resolved 1. That the Invitation to the Team Howard Celebration, Saturday, May 26, 2012 - Coldwater and District Curling Club, Coldwater be received. 2. And That Mayor H.S. Hughes, Deputy Mayor Hough and Councillor Crawford be authorized to attend without per diem. Carried. Page 15 of 22 Page 22 of 277 6b) - Minutes of Council meeting held on May 23, 2012. Council Meeting Minutes — May 23, 2012. d) Correspondence dated May 4, 2012 from Bev Steele, Midland - Penetang District Community Emergency Response Team, re: Request for Financial Contribution. Motion No. C120523 -31 Moved by Crawford, Seconded by Evans Be it resolved 1. That the correspondence dated May 4, 2012 from Bev Steele, Midland - Penetang District Community Emergency Response Team, re: Request for Financial Contribution be received. 2. And That the Midland - Penetang District Community Emergency Response Team be advised that Council is unable to support the Midland - Penetang District Community Emergency Response Team at this time under the Mayor's signature. Carried. f) Correspondence dated May 15, 2012 from Dianne Mawdsley, Oro - Medonte Horticultural Society, re: Request for Use of Four Bay Garage, South Yard - May 25 and 26, 2012. Motion No. C120523 -33 Moved by Lancaster, Seconded by Evans Be it resolved 1. That the correspondence dated May 15, 2012 from Dianne Mawdsley, Oro - Medonte Horticultural Society, re: Request for Use of Four Bay Garage, South Yard - May 25 and 26, 2012 be received. 2. That the Request for Use of Four Bay Garage, South Yard - May 25 and 26, 2012 be granted. 3. And That the Oro - Medonte Horticultural Society be advised immediately by the Director of Transportation and Environmental Services. Carried. Page 16 of 22 Page 23 of 277 6b) - Minutes of Council meeting held on May 23, 2012. Page 24 of 277 6b) - Minutes of Council meeting held on May 23, 2012. Council Meeting Minutes — May 23, 2012. h) Correspondence received May 7, 2012 from Ken and Janice Brennan, re: Request for Exemption - Sign By -Law. Motion No. C120523 -36 Moved by Lancaster, Seconded by Crawford Be it resolved 1. That the correspondence received May 7, 2012 from Ken and Janice Brennan, re: Request for Exemption - Sign By -Law be received. 2. That Brennan's Inc. be granted exemptions to the Township's Sign By -Law for 5071 Highway 11 North at Line 14, to permit: • Building signs in the Agricultural /Rural (A/RU) Zone; • Illuminated signs in the Agricultural /Rural (A/RU) Zone; • Three (3) illuminated building signs on one wall of the building; and • Exceeding the 5% maximum coverage area for building signs, up to 400 square feet. 3. And that the applicant be advised of Council's decision under the Director of Corporate Services /Clerk's signature. 14. NOTICE OF M b) By -Law No. 2012 -096 Carried. 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 3, Plan 51 M -957, as in PIN 58533 -0227 LT 6 Diamond Valley Drive ROLL # 4346- 010 - 003 -26503 TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE. AN 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 6, Plan 51 M -957, as in PIN 58533 -0230 LT 12 Diamond Valley Drive ROLL # 4346- 010 - 003 -26506 TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE. c) By -Law No. 2012 -097 A By -law to remove the Holding symbol On lands described as follows: Lot 3, Plan 51 M -957 6 Diamond Valley Drive Township of Oro - Medonte, County of Simcoe Roll # 4346 -010- 003- 26503. Page 18 of 22 Page 25 of 277 6b) - Minutes of Council meeting held on May 23, 2012. Council Meeting Minutes — May 23, 2012. d) By -Law No. 2012 -098 A By -law to remove the Holding symbol On lands described as follows: Lot 6, Plan 51 M -957 12 Diamond Valley Drive Township of Oro - Medonte, County of Simcoe Roll # 4346 -010- 003- 26506. e) By -Law No. 2012 -099 Being A By -Law To Authorize The Execution Of An Agreement By Chris And Terri Melvin To Allow For Temporary Residency In A Trailer. f) By -Law No. 2012 -100 A By -Law To Adopt The Estimates Of All Amounts Required During The Year And For Levying The Tax Rates For The Year 2012. g) By -Law No. 2012 -101 A By -law to Authorize the Execution of a Contract between The Township of Oro - Medonte and The Orillia Public Library Board For a Term of One Year And to Repeal By -law No. 2011 -078. h) By -Law No. 2012 -102 Being a By -law to Authorize the Execution of a Contract between the Township of Oro - Medonte and the Barrie Public Library Board for a Term of One Year and to Repeal By -Law No. 2011 -079. i) By -Law No. 2012 -103 A By -law to Authorize the Execution of a Contract between The Township of Oro - Medonte and The Midland Public Library Board for a Term of One Year and to Repeal By -law No. 2011- 080. j) By -Law No. 2012 -104 A By -law to Authorize the Execution of a Contract between The Township of Oro - Medonte and The Coldwater Public Library Board For a Term of One Year and to Repeal By -law No. 2011 -081. k) By -Law No. 2012 -106 A By -law to amend the zoning provisions On lands described as follows: Parts 3, 4, and 6, Plan 51 R- 28938, and Part 1, Plan 51 R- 33292, 3003 Ridge Road West, and Part 2, Plan 51 R- 33292, 2981 Ridge Road West Township of Oro - Medonte, County of Simcoe Roll # 4346- 010 - 007 -07000 and 4346- 010- 007 - 07020. 1) By -Law No. 2012 -107 A By -law to Amend By -law 2010 -201, Being a By -law to Appoint Building Inspectors. Page 19 of 22 Page 26 of 277 6b) - Minutes of Council meeting held on May 23, 2012. b) By -Law No. 2012 -096: 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 6, Plan 51 M -957, as in PIN 58533 -0230 LT 12 Diamond Valley Drive ROLL # 4346- 010 - 003 -26506 TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE. c) By -Law No. 2012 -097: A By -law to remove the Holding symbol On lands described as follows: Lot 3, Plan 51 M -957 6 Diamond Valley Drive Township of Oro - Medonte, County of Simcoe Roll # 4346- 010 - 003 - 26503. d) By -Law No. 2012 -098: A By -law to remove the Holding symbol On lands described as follows: Lot 6, Plan 51 M -957 12 Diamond Valley Drive Township of Oro - Medonte, County of Simcoe Roll # 4346- 010 - 003 - 26506. e) By -Law No. 2012 -099: Being A By -Law To Authorize The Execution Of An Agreement By Chris And Terri Melvin To Allow For Temporary Residency In A Trailer. Page 20 of 22 Page 27 of 277 6b) - Minutes of Council meeting held on May 23, 2012. Council Meeting Minutes — May 23, 2012. f) By -Law No. 2012 -100: A By -Law To Adopt The Estimates Of All Amounts Required During The Year And For Levying The Tax Rates For The Year 2012. g) By -Law No. 2012 -101: A By -law to Authorize the Execution of a Contract between The Township of Oro - Medonte and The Orillia Public Library Board For a Term of One Year And to Repeal By -law No. 2011 -078. h) By -Law No. 2012 -102: Being a By -law to Authorize the Execution of a Contract between the Township of Oro - Medonte and the Barrie Public Library Board for a Term of One Year and to Repeal By -Law No. 2011 -079. i) By -Law No. 2012 -103: A By -law to Authorize the Execution of a Contract between The Township of Oro - Medonte and The Midland Public Library Board for a Term of One Year and to Repeal By -law No. 2011 -080. j) By -Law No. 2012 -104: A By -law to Authorize the Execution of a Contract between The Township of Oro - Medonte and The Coldwater Public Library Board For a Term of One Year and to Repeal By -law No. 2011 -081. k) By -Law No. 2012 -106: A By -law to amend the zoning provisions On lands described as follows: Parts 3, 4, and 6, Plan 51 R- 28938, and Part 1, Plan 51 R- 33292, 3003 Ridge Road West, and Part 2, Plan 51 R- 33292, 2981 Ridge Road West Township of Oro - Medonte, County of Simcoe Roll # 4346- 010 - 007 -07000 and 4346- 010 -007- 07020. 1) By -Law No. 2012 -107: A By -law to Amend By -law 2010 -201, Being a By -law to Appoint Building Inspectors. m) By -Law No. 2012 -108: A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and 1340006 Ontario Ltd. described as lands as follows: Lot 1, Plan 51 M -881, as in 58568 -0051 LT ROLL # 43 -46- 030 - 012 - 42712, TOWNSHIP OF ORO- MEDONTE, COUNTY OF SIMCOE. n) By -Law No. 2012 -109: A By -law to remove the Holding symbol on lands described as follows: Lot 1, Plan 51 M -881, Township of Oro - Medonte, County of Simcoe Roll # 4346- 030 - 012 -42712 (Gawn). o) By -Law No. 2012 -110: A By -law to Enter into a Water Service Connection Agreement between The Corporation of the Township of Oro - Medonte and Bowman Builder Ltd. Roll # 4346- 010 - 003 -27595 Block 86, Plan 51 M -367; 3367 Line 6 North Township of Oro - Medonte, County of Simcoe. be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Page 21 of 22 Page 28 of 277 6b) - Minutes of Council meeting held on May 23, 2012. Council Meeting Minutes — May 23, 2012. 16. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM: 17.CLOSED SESSION ITEMS (UNFINISHED ITEMS): %CONFIRMATION BY -LAW: a) By -Law No. 2012 -105 Being a By -Law to Confirm the Proceedings of the Council Meeting held on Wednesday, May 23, 2012. Motion No. C120523 -38 Moved by Crawford, Seconded by Lancaster 44 19. ADJOURNMENT: a) Motion to Adjourn. Motion No. C120523 -39 Moved by Crawford, Seconded by Meyer Be it resolved that we do now adjourn at 8:55 p.m. Mayor, H.S. Hughes Clerk, J. Douglas Irwin Carried. Carried. Page 22 of 22 Page 29 of 277 6c) - Minutes of Oro - Medonte History Association meeting hel... April 18, 2012 Minutes Oro - Medonte History Association Attendance: Geoffrey Booth; chair, Bruce Wiggins; vice - chair, Allan Howard, Jadeen Henderson, and Sheila Kirkland; secretary. Previous Minutes: Moved by Bruce and seconded by Jadeen that the minutes be approved as circulated. Old Business 1. Kempenfest update: Shawn Binns suggested we find funding /volunteer for bus service. Geoff will ask Shawn to contact Sinton Bus Lines for a quote on renting a bus /driver for an eight -hour day (Saturday August 4, 2012). 2. OM14A renewal: i) summer schedule for Council discussed and Wednesday is suggested in September. Shawn Binns will be asked to get us on the agenda for September's Council meeting to present an overview of our activities, etc. ii) request Shawn Binns to contact the homeowner and get dates /permission to tour the property with the log home on it. Iii) Funding War of 1812 discussed and Geoff will contact Tim Crawford for proposal support, iv) Policy templates discussed. 3. Coffee table book update: Awaiting response from Shawn Binns about feasibility of doing in- house. Joanna is completely supportive and will write the introduction and acknowledgements. New Business Jadeen made us aware of a choir celebrating Mary O'Brien's life at the Highway Pentecostal Church on May 5 with a cost of $20. 2. Invitation to drop in/out on May 11 starting at 5:30 at Donaleigh's Irish Pub in downstairs room to help celebrate Geoff s defense of his doctoral dissertation. Page 30 of 277 6c) - Minutes of Oro - Medonte History Association meeting hel... Correspondence 1. Email from Shawn Binns about Ontario Archives 1812 traveling display. Now booking for 2013, 2014, if we're interested. Discussed. Geoff will see about booking for Emancipation/Civic weekend in 2013 or 2014. 2. Email Joan Ellis re: Rice -Lucas memorial —the Horticultural Society was thinking of another place than where Shawn had suggested. Geoff put Joan in touch with Shawn, cc'd Bruce as to alternative and Shawn is to let us know when to proceed. 3. Email from Joan Ellis re: 1812 rose project Sold Out Horticultural Society wasn't lucky enough to get any product —still looking for suggestion regarding possible commemoration sites. We are suggesting the Wilberforce Provincial plaque on Shanty Bay Road once it is moved back by the Township. 4. Notification of "Managing Multiple Priorities" seminar in Barrie May 29. 5. Email— "Industrious Orillia" OMAH, April 21, at Ipm. 6. Email from Sheila re: Bob Henderson retirement party is April 27 at 5:30 pm at Kelsey's in Orillia. Speeches at 7pm. Next meeting: May 14, 2012 at 6pm at the Northway Restaurant Respectfully submitted: Sheila Kirkland Page 31 of 277 6d) - Minutes of Recreation Technical Support Group meeting !&, Ab TOt17iS�11�1 Of Prue +d Heritage, Exririxg Furrrr THE TOWNSHIP OF ORO- MEDONTE RECREATION TECHNICAL SUPPORT GROUP MEETING MINUTES Council Chambers Thursday, May 31, 2012 TIME: 7:10 p.m. 2010 — 2014 COUNCIL Present: Mayor H.S. Hughes Co'. _; or Kelly Meyer, Chair Councillor Marty Lancaster R;, - .,velink Tim Crawford i ancy 5;.. 'dart Tracey Rynard Staff Also Present Shawn Binns, Director of Recreation and Community Services Marie Brissette, Committee Coordinator Janette Teeter, Deputy Clerk Councillor John (_:,1w _: rd, Paul Marshall, Joanna McEwen, Sue -Ellen Boyes� r /1 67id[S]1 to] a a) Motion to Adopi Motion No. RTSG1 Moved by Crawford, Seconded by Stoddart It is recommended that the agenda for the Recreation Technical Support Group meeting of Thursday, May 31, 2012 be received and adopted. Carried. 2. DISCLOSURE OF PECUNIARY INTEREST None declared. Page 1 of 4 Page 32 of 277 6d) - Minutes of Recreation Technical Support Group meeting b) Sue -Ellen Boyes, Director of Development and Marketing, MacLaren Art Centre re: Application for Grant /Subsidy. Motion No. RTSG120531 -4 Moved by Stoddart, Seconded by Regelink It is recommended by the Recreation Technical Support Group 1. That the information presented by Sue -Ellen Boyes, Director of Development and Marketing, MacLaren Art Centre re: Application for Grant/Subsidy be received. 2. And That it is recommended to Council that the request for the Application for Grant /Subsidy be supported in principle, in the context of previous historic Township publications. Carried. Page 2 of 4 Page 33 of 277 6d) - Minutes of Recreation Technical Support Group meeting Recreation Technical Support Group Minutes — Thursday, May 31, 2012. 5. COMMUNICATIONS: a) Correspondence from the Orillia Cycling Club, re: North Simcoe 75. Motion No. RTSG120531 -5 Moved by Stoddart, Seconded by Rynard It is recommended by the Recreation Technical Support Group that the correspondence from the Orillia Cycling Club, re: North Simcoe 75 be received. Carried. b) Correspondence from Barb Jones, re: Historic Plaque - West Oro Church. 6. CLOSED SESSION ITEMS: a) Motion to go In Closed Session Motion No. RTSG120531 -7 Moved by Crawford, Seconded by Regelink It is recommended by the Recreation Technical Support Group that we do now go in Closed Session at 8:43 p.m. to discuss • acquisition /disposition of land. Carried. b) Motion to Rise and Report. Motion No. RTSG120531 -8 Moved by Stoddart, Seconded by Rynard It is recommended by the Recreation Technical Support Group that we do now Rise at 9:37 p.m. and Report on the Closed Session Items 6c) Shawn Binns, Director of Recreation and Community Services, re: Acquisition / disposition of land (Parkland Acquisition). Carried. Page 3 of 4 Page 34 of 277 6d) - Minutes of Recreation Technical Support Group meeting Recreation Technical Support Group Minutes — Thursday, May 31, 2012. c) Shawn Binns, Director of Recreation and Community Services, re: Acquisition / disposition of land (Parkland Acquisition). Staff present: Shawn Binns, Director of Recreation and Community Services; Marie Brissette, Committee Coordinator; Janette Teeter, Deputy Clerk. Motion No. RTSG120531 -9 Moved by Rynard, Seconded by Stoddart It is recommended by the Recreation Technical Support Group that Confidential Report No. RC2012 -11, Shawn Binns, Director of Recreation and Community Services, re: (Parkland Arnuisitinn) hp rPCPivPd_ Thursday, June 28, 2012 at 7:00 p.m. ADJOURNMENT Motion to Adjou Moved by Stoddart, Se Carried. It is recommended by the Recreation Technical Support Group that we do now adjourn at 9:40 p.m} Carried. Councillor Meyer, Chair Marie Brissette, Committee Coordinator Page 4 of 4 Page 35 of 277 10a) - Paul Gravelle, Director of Finance /Treasurer /Deputy C... CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE D CONSOLIDATED , A FINANCIAL STATEM STS 1 DECEMBER 310 ,-1 i s • Page 36 of 277 10a) - Paul Gravelle, Director of Finance /Treasurer /Deputy C... DECEMBER 31, 2011 CONTENTS Independent Auditors' Report "� 1 Consolidated Statement of Financial Position �7) 2 Consolidated Statement of Operations , 3 Consolidated Statement of Change in Net Financial Assrts6'� `t) 4 Consolidated Statement of Cash Flow 5 Notes to the Consolidated Financial Statements P 6 Schedule 1 - Consolidated Schedule of Tan bK' NP ital Assets 15 Schedule 2 - Consolidated Schedule of egmeed Tangible Capital Assets 2011 16 Schedule 3 - Consolidated Schedule mented Tangible Capital Assets 2010 17 } Schedule 4 - Consolidated Sch o Pof egmented Revenues and Expenses 2011 Actual 18 Schedule 5 - Consolidated Sch e of Segmented Revenues and Expenses 2010 Actual 19 Schedule 6 - Consolidated Schedule of Segmented Revenues and Expenses 2011 Budget 20 Page 37 of 277 10a) - Paul Gravelle, Director of Finance /Treasurer /Deputy C... INDEPENDENT AUDITORS' REPORT To the Members of Council, Inhabitants and Ratepayers of the Township of Oro - Medonte: Report on the Consolidated Financial Statements We have audited the accompanying consolidated financial statements of the Township of Oro - Medonte, which comprise the consolidated statement of financial position as at December 31, 2011, and the consolidated statements of operations, change in net financial assets and cash flow for the year then ended, and a summary of significant accounting policies and other explanatory information. Management's Responsibility for the Consolidated Financial Statements Management is responsible for the preparation and fair presentation of these consolidated financial statements in accordance with Canadian public sector accounting standards and for sqqji internal control as management determines is necessary to enable the preparation of consolidated finar statements that are free from material misstatement, whether due to fraud or error. Auditors' Responsibility Our responsibility is to express an opinion on these consolidate IA,, cial statements based on our audit. We conducted our audit in accordance with Canadian generally((e�%,����pted auditing standards. Those standards require that we comply with ethical requirements and plan rd'pNform the audit to obtain reasonable assurance about whether the consolidated financial statements are r -I — material misstatement. An audit involves performing procedures to obta��ai evidence about the amounts and disclosures in the consolidated financial statements. The procedures ithseconsolidated ted depend on the auditors' judgment, including the assessment of the risks of material misstatement 'f financial statements, whether due to fraud or error. In making those risk assessments, the itors consider internal control relevant to the municipality's preparation and fair presentation of the co , i ted financial statements in order to design audit procedures that are appropriate in the circumstances, b for the purpose of expressing an opinion on the effectiveness of the municipality's internal control. au it also includes evaluating the appropriateness of accounting policies used and the reasonableness o ounting estimates made by management, as well as evaluating the overall presentation of the consolidat • ncial statements. �- . We believe that the audit evid'eNVe have obtained is sufficient and appropriate to provide a basis for our audit opinion. IL , Opinion In our opinion, the consolidated financial statements present fairly, in all material respects, the financial position of Township of Oro - Medonte as at December 31, 2011, and the results of its operations and its cash flows for the year then ended in accordance with Canadian public sector accounting standards. Licensed Public Accountants Collingwood, Ontario June 6, 2012 Page 38 of 277 10a) - Paul Gravelle, Director of Finance /Treasurer /Deputy C... Page 39 of 277 CONSOLIDATED STATEMENT OF FINANCIAL POSITION AS AT DECEMBER 31 2011 2010 Financial assets Cash and short -term investments (Note 4) 10,094,395 9,242,761 Taxes receivable 3,623,562 3,570,677 Trade and other receivables 1,086,489 1,302,381 14,804,446 14,115,819 Liabilities Accounts payable and accrued liabilities 2,160,667 2,303,265 Developer deposits and other current liabilities 2,128,878 1,963,844 Deferred revenue (Note 5) Long -term (Note 6) 1,189,024 7,940,076 1,001,619 6,822,430 Employee future benefits (Note 7) 153,646 81,461 �C� w 13,572,291 12,172,619 Net financial assets ) 1,232,155 1,943,200 Non - financial assets Inventories�� 70,372 81,904 Tangible capital assets, net (Schedule 1 and Note 62,724,367 59,714,486 62 794,739 59,796,390 Accumulated surplus (Note 10 64,026,894 61 739 590 Approved on behalf of Council Mayor Date The accompanying notes are an integral part of this financial statement 2 Page 39 of 277 10a) - Paul Gravelle, Director of Finance /Treasurer /Deputy C... Page 40 of 277 CONSOLIDATED STATEMENT OF OPERATIONS FOR THE YEAR ENDED DECEMBER 31 Budget Actual Actual 2011 2011 2010 (Note 3) Revenues Net municipal taxation (Note 11) 11,683,925 11,620,720 10,895,516 Taxation from other governments 122,466 122,365 122,467 User charges 3,002,362 2,782,273 2,687,960 Federal and Ontario grants 2,022,502 2,116,785 1,996,777 Contribution from obligatory reserve funds Investment 53,820 199,300 8,039 164,494 41,875 109,933 Other (Note 9) 2,180,3,92 2,394,166 2,422,580 19,264, 19 208,842 18,277 108 Expenses General government 3�• 7 3,381,541 2,903,335 Fire and emergency services r1 ,539 1,363,803 1,565,074 Police V27,397 2,240,244 1,934,612 Building, planning and protection `' km�1,607,714 1,410,686 1,341,185 Transportation /"4 nj, 6,361,029 6,159,787 5,855,545 Waterworks systems 1,338,681 1,121,624 1,212,511 Parks and recreation 1,437,128 1,473,791 1,750,259 Library services `R3 249,793 248,838 240,680 Waste management 1,414,616 1,415,825 1,319,372 Loss on sale of tangible capital assets 0 - 201,031 12,303 a 19,107,524 19,017,170 18,134,876 Net revenues o �X' 157,243 191,672 142,232 Other Grants and transfers rela toa ital Contributed tangible capit sets 883,330 1,220,580 2,029,952 Federal and Ontario grants 280,000 110,532 1,695,970 Contribution from obligatory reserve funds 1,118,927 661,690 653,794 Donations 65,000 102,830 70,845 2,347,257 2,095,632 4,450,561 Annual surplus 2,504,500 2,287,304 4,592,793 Accumulated surplus, beginning of year 61,739,590 61,739,590 57,146,797 Accumulated surplus, end of year (Note 10) 64,244,090 64,026,894 61,739,590 The accompanying notes are an integral part of this financial statement 3 Page 40 of 277 10a) - Paul Gravelle, Director of Finance /Treasurer /Deputy C... CONSOLIDATED STATEMENT OF CHANGE IN NET FINANCIAL ASSETS FOR THE YEAR ENDED DECEMBER 31 Net financial assets, end of year ,�) (257,860) 1,232,155 1.943.200 The accompanying notes are an integral part of this financial statement Page 41 of 277 4 Budget Actual Actual 2011 2011 2010 (Note 3) Annual surplus 2,504,500 2,287,304 4,592,793 Acquisition of tangible capital assets (6,865,519) (5,252,195) (6,886,674) Amortization of tangible capital assets 3,043,289 3,141,162 3,004,510 Loss on disposal of tangible capital assets - 201,031 12,303 Writedown of tangible capital asset 8,085 56 Proceeds on disposal of tangible capital assets _ 112,616 174,485 Changes in inventories ` 11,532 (10,538) Contributed tangible capital assets (883,30 (1,220,580) (2,029,952) Use of prepaid expenses f+ 372 Change in net financial assets (?sA4 060) (711,045) (1,142,645) Net financial assets, beginning of year rU,943,200 1,943,200 3,085,845 Net financial assets, end of year ,�) (257,860) 1,232,155 1.943.200 The accompanying notes are an integral part of this financial statement Page 41 of 277 4 10a) - Paul Gravelle, Director of Finance /Treasurer /Deputy C... CONSOLIDATED STATEMENT OF CASH FLOW FOR THE YEAR ENDED DECEMBER 31 The accompanying notes are an integral part of this financial statement Page 42 of 277 5 2011 2010 i � $ Cash flows from (for): Operating activities Annual surplus 2,287,304 4,592,793 Non -cash items: Amortization 3,141,162 3,004,510 Contributed tangible capital assets (1,220,580) (2,029,952) Loss on disposal of tangible capital assets 201,031 12,303 h 4,408,917 5,579,654 Changes in: Taxes receivable (52,885) (456,687) Trade and other receivables 6 215,892 (257,423) Inventories 11,532 (10,538) Accounts payable and accrued liabilities (236,364) 975,530 Developer deposits and other current liabilities (S 165,034 261,754 Deferred revenue �� 187,405 191,742 Employee future benefits c7 72,185 (6,960) Prepaid expenses - 372 Net change in cash from operations 4,771,716 6,277,444 Capital activities Accounts payable and accrued liabilities c t. al 93,766 100,000 Acquisition of tangible capital assets (5,252,195) (6,886,674) Proceeds on disposal of tangible ca asse s 112,616 174,485 Writedown of tangible capital asse s, 0 8,085 56 Net change in cash from capital „(' (5,037,728) (6,612 133) Financing activities Issuance of long -term liabih 1,850,000 2,424,526 Principal repayment of long -term liabilities (732,354) (507,893) Net change in cash from financing 1,117,646 1,916 633 Net change in cash position 851,634 1,581,944 Cash and cash equivalents, beginning of year 9,242,761 7,660,817 Cash and cash equivalents, end of year 10,094,395 9,242,761 The accompanying notes are an integral part of this financial statement Page 42 of 277 5 10a) - Paul Gravelle, Director of Finance /Treasurer /Deputy C... NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS AS AT DECEMBER 31, 2011 1. Nature of operations The Township of Oro - Medonte ( "the Municipality ") is a lower -tier municipality located in the County of Simcoe, Province of Ontario, Canada. It conducts its operations guided by the provisions of provincial statutes, such as the Municipal Act, Municipal Affairs Act and related legislation. 2. Summary of significant accounting policies The consolidated financial statements of the municipality are the representation of management prepared in accordance with local government accounting standards established by the Public Sector Accounting Board (PSAB) of the Canadian Institute of Chartered Accountants. The focus of PSAB financial statements is on the financial positions t e municipality and the changes thereto. The consolidated statement of financial position incl%de I the assets and liabilities of the municipality. Accumulated surplus represents the financial pogti and is the difference between assets and liabilities. This provides information about the municipality' ,.overall future revenue requirements and its ability to finance activities and meet its obligations. Significant aspects of the accounting policies adopted by nicipality are as follows: (a) Basis of consolidation m �g These consolidated financial statements r e sets, liabilities, revenues and expenses of the municipality. They include the activities of ommittees of Council and the following organizations which are acountable to, and owned or co t�olle by the municipality: The Lake Simcoe Regional Airport 1. ) 20% Severn Sound Environmental Associ o(SEA) 11% All interfund assets and liabilitieCl. d so rtes of financing and expenses have been eliminated. The Township of Oro- Medont.yion of the LSRA has been included in these consolidated financial statements on a proportion t"e cudn� hdation basis. Included in accounts payable is $278,219 (2010 - $899,449) owing to the Barrie for the recent expansion project. (b) Basis of accounting 1� Sources of financing and expenses are reported on the accrual basis of accounting. The accrual basis of accounting recognizes revenues as they become available and measurable. Expenses are recognized as they are incurred and measurable as a result of receipt of goods or services and the creation of a legal obligation to pay. (c) Deferred revenue Revenue restricted by legislation, regulation, or agreement and not available for general municipal purposes is reported as deferred revenue on the statement of financial position. The revenue is reported on the statement of operations in the year in which it is used for the specified purpose. (d) County and school boards The municipality collects taxation revenue on behalf of the school boards and the County of Simcoe. The taxation, other revenues, expenses, assets and liabilities with respect to the operations of the school boards and the County of Simcoe are not reflected in these consolidated financial statements. Page 43 of 277 10a) - Paul Gravelle, Director of Finance /Treasurer /Deputy C... NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS AS AT DECEMBER 31, 2011 2. Summary of significant accounting policies (continued) (e) Non - financial assets Non - financial assets are not available to discharge existing liabilities and are held for use in the provision of services. They have useful lives extending beyond the current year and are not intended for sale in the ordinary course of operations. The change in non - financial assets during the year, together with the annual surplus, provides the change in net financial assets for the year. (i) Tangible capital assets Tangible capital assets are recorded at cost, which includQs all amounts that are directly attributable to acquisition, construction, development or be rrA'ent of the asset. The cost, less residual value, of the tangible capital assets are amottizon a straight -line basis over their estimated useful lives as follows: Land improvements d 10 to 30 years Buildings !�� 15 to 60 years Vehicles 3 to 30 years Equipment ,� 5 to 30 years Infrastructure 6 to 100 years Amortization is charged on a prorated aasi in the year of acquisition and in the year of disposal. Work in progress is not amortized until t set is available for productive use. (ii) Leases p Leases are classified as capitperating leases. Leases which transfer substantially all of the benefits and risks incide too nership of the property are accounted for as capital leases. All nte other leases are accou as perating leases and the related lease payments are charged to expenses as incurred. (iii) Intangible assets �c Intangible asset &e lot recognized as assets in the financial statements. (iv) Inventories Inventories consist of fuel and books and are recorded at the lower of cost and net realizable value. Cost is determined on the average cost basis. (f) Government transfers Government transfers are recognized in the financial statements as revenues in the period in which the events giving rise to the transfer occur, providing the transfers are authorized, any eligibility criteria have been met, and reasonable estimates of the amounts can be made. Page 44 of 277 10a) - Paul Gravelle, Director of Finance /Treasurer /Deputy C... NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS AS AT DECEMBER 31, 2011 2. Summary of significant accounting policies (continued) (g) Revenue recognition Net municipal taxation, and the related penalties and interest are recognized as revenue in the year they are levied. Included in user charges are fees for sewer and water usage. These fees are recognized as revenue when the service is rendered. Conditional Federal and Ontario grant revenue is recognized to the extent the conditions imposed on it have been fulfilled. Unconditional grant revenue is recognized when onies are receivable. Federal and Ontario grants for acquisition of tangible capital assets are reco in the period in which eligible expenditures are made. Service charges and fees are included in other income and iglg) subdivider contributions. These fees are recognized over the period of service or when required q&gV�itures occur if applicable. Investment income earned (other than on obligatory fuiT, s, 's reported as revenue in the period earned. Investment income earned on obligatory reserve funds a� ded to the fund balance and forms part of the respective deferred revenue balances. The deferrp e ue is recognized in the period in which eligible expenditures are made. �� User charges, taxation from other governmen d ations and other income are recognized on an accrual basis. (h) Use of estimates ' The preparation of financial statem to conformity with Canadian generally accepted accounting principles requires management mak estimates and assumptions that affect the reported amounts of assets and liabilities and disci � o contingent assets and liabilities at the date of the financial statements and the reported ar� of revenues and expenses during the period. Significant estimates have been made of historic c , t d useful lives of tangible capital assets. Actual results could differ from those estimates. (i) Segmented disclosures Municipal services have been segmented by grouping activities that have similar service objectives (by function). Revenues that are directly related to the costs of the function have been attributed to each segment. Net municipal taxation revenue is allocated to segments based on the net budget requirements of each segment. Any additional taxation revenue (i.e. supplementary taxes) is considered unallocated for purposes of segmented information. 3. Budget amounts The operating budget approved by Council for 2011 is reflected on the consolidated statement of operations. The budgets established for capital investment in tangible capital assets are on a project oriented basis, the costs of which may be carried out over one or more years and, therefore, may not be comparable with the current year's actual expenditure amounts. Budget figures have been reclassified for the purposes of these consolidated financial statements to comply with PSAB reporting requirements. Page 45 of 277 10a) - Paul Gravelle, Director of Finance /Treasurer /Deputy C... NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS AS AT DECEMBER 31, 2011 4. Cash and short -term investments Cash and short-term investments consist of the following: 2011 2010 Unrestricted 8,905,371 8,241,142 Restricted 1,189,024 1,001,619 4{� 10,094,395 9,242,761 Short-term investments of $1,011,292 (2010 - $100,827) consist ox able term deposits maturing in 2012 to 2016 earning interest at 1.50% to 2.95% per annum. Short-tefffi hivestments are recorded at cost which approximates fair market value. h 5. Deferred revenue A requirement of the public sector accounting principlea, fithe Canadian Institute of Chartered Accountants is that obligatory reserve funds be reported as dtres,e 4yyenue. This requirement is in place as provincial legislation restricts how these funds may be under certain circumstances these funds may be refunded. The net change during the year in the obligatory nds was as follows: Dev o t Recreational Gas Tax Chard - ct Land Allocation Total Deferred revenue, beginning of year ,C 648,910 - 352,709 1,001,619 Restricted funds received during the year 222,282 8,000 614,451 844,733 Interest earned 8,859 39 3,503 12,401 Revenue recognized during the year (80,411) (8,039) (581,279) (669,729) Deferred revenue, end of year 799,640 - 389,384 1,189,024 2011 2010 Obligatory reserve funds: Development Charges Act 799,640 648,910 Gas Tax allocation 389,384 352,709 1,189,024 1,001,619 9 Page 46 of 277 10a) - Paul Gravelle, Director of Finance /Treasurer /Deputy C... NOTES TO TIE CONSOLIDATED FINANCIAL STATEMENTS AS AT DECEMBER 31, 2011 6. Long -term liabilities (a) Long -term liabilities consist of the following: 10 Page 47 of 277 2011 2010 Note payable to the City of Barrie, repayable in annual installments of $23,200 plus interest of 4.35 %. 139,200 162,400 OIPC debenture, interest of 2.81 %, repayable in semi - annual payments of $106,748 to 2021 1,850,000 - OIPC debenture, interest of 3.46 %, repayable in semi - annual payments of $119,150 to 2020 1,829,438 2,000,000 OIPC debenture, interest of 3.66 %, repayable in semi -ann ai-g payments of $90,237 to 2019 Q e- 1,241,873 1,373,277 01PC debenture, interest at 4.30% repayable in se Nual payments of $99,273 to 2019! 1,261,385 1,401,167 OIPC debenture, interest at 4.38 %, repayable ' ® annual payments of $30,519 to 2018 342,043 386,630 OIPC debenture, interest at 4.96 %, repayahl, semi- annual payments of $96,039 to 2017�� 986,340 1,124,340 Caterpillar financing loan, interest at 4.9C'r payable in monthly installments of $6,946 to 2015, spc re� equipment 289,797 374,616 7,940,076 6,822,430 Principal (b) payments for the nek 5 years and thereafter are as follows: 2012 920,785 2013 952,259 2014 984,997 2015 969,572 2016 969,655 Thereafter 3,142,808 The above long -term liabilities have been approved by by -law. The annual principal and interest payments required to service these liabilities are within the annual debt repayment limit prescribed by the Ministry of Municipal Affairs and Housing. 10 Page 47 of 277 10a) - Paul Gravelle, Director of Finance /Treasurer /Deputy C... NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS AS AT DECEMBER 31, 2011 7. Employee future benefits The employees of the Corporation of the Township of Oro - Medonte participate in the Ontario Municipal Employees Retirement Savings Plan ( OMERS). Although the plan has a defined retirement benefit for employees, the related obligation of the municipality cannot be identified. The municipality has applied defined contribution plan accounting as it has insufficient information to apply defined benefit plan accounting. The OMERS plan has several unrelated participating municipalities and costs are not specifically attributed to each participant. Amounts paid to OMERS during the year totaled $371,464 (2010 - $288,610). The Township of Oro - Medonte pays certain post retirement benefits f 'Wended health and dental benefits on behalf of its retired employees. The municipality recognizes theost retirement costs in the period in which the employees rendered the services. The accrued benefitb�l� ion and the net periodic benefit cost were determined using a discount rate of 3.0 %. The accruedfp fit obligation at December 31, 2011 of $153,646 and the net periodic benefit cost were determin &,ly management and extrapolated to 2020. Actuarial valuations will be prepared when there are signifigrcanges to the workforce. Information about the Township of Oro- Medonte's defined�46nefit plan is as follows The main assumptions em 1`o r the valuation are as follows: (a) General inflation Future general inflation evels, as measured by changes in the Consumer Price Index (CPI), were assumed at 2.3% in 2011 and thereafter. (b) Interest (discount) rate The obligation of the present value of future liabilities and the expense was determined using an annual discount rate of 3.0% (2010 - 5.0 %). (c) Health care costs Medical costs were assumed to increase at a rate of 5.0 % for 2012 and thereafter. (d) Dental costs Dental costs were assumed to increase at the rate of 5.0% in 2012 and thereafter. 11 Page 48 of 277 2011 2010 $ $ Accrued plan liability, beginning of year 81,461 88,421 Interest costs and adjustments 63,038 4,266 Current service costs 7,391 4,992 Proportionate share - Lake Simcoe Regio ort 9,696 - Benefits paid for the period (7,940) (16,218) Accrued plan liability and accrue, it obligation, end of year 153,646 81,461 The main assumptions em 1`o r the valuation are as follows: (a) General inflation Future general inflation evels, as measured by changes in the Consumer Price Index (CPI), were assumed at 2.3% in 2011 and thereafter. (b) Interest (discount) rate The obligation of the present value of future liabilities and the expense was determined using an annual discount rate of 3.0% (2010 - 5.0 %). (c) Health care costs Medical costs were assumed to increase at a rate of 5.0 % for 2012 and thereafter. (d) Dental costs Dental costs were assumed to increase at the rate of 5.0% in 2012 and thereafter. 11 Page 48 of 277 10a) - Paul Gravelle, Director of Finance /Treasurer /Deputy C... NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS AS AT DECEMBER 31, 2011 8. Tangible capital assets Schedules 1, 2 and 3 provide information on the tangible capital assets of the municipality by major asset class and business segment, as well as for accumulated amortization of the assets controlled. The reader should be aware of the following information relating to tangible capital assets: (a) Work in progress Work in progress with a value of $685,594 (2010 - $2,930,442) has not been amortized. Amortization of these assets will commence when the asset is put into service. (b) Contributed tangible capital assets Contributed capital assets have been recognized at fair market at the date of contribution. tC The value of contributed assets received during the year is $1,220, - $2,029,952). (c) Tangible capital assets disclosed at nominal values r o Where an estimate of fair value could not be made, t ngible capital asset was recognized at a nominal value. Land is the only category wh nomi}ra ere ues were assigned. 9. Other revenues Other revenues consist of the following: ly 2011 2011 2010 Budget Actual Actual $ $ $ (Note 3) Penalties and interest on taxation 450,000 524,798 506,417 Service charges and fees 274,654 237,231 216,963 Licences and permits 360,900 413,979 424,574 Fines 353,000 338,066 374,821 Facility rentals 412,872 441,156 405,289 1,851,426 1,955,230 1,928,064 Sundry revenue 328,966 436,758 467,111 Sale of unopened road allowances - 2,178 27,405 2,180,392 2,394,166 2,422,580 12 Page 49 of 277 10a) - Paul Gravelle, Director of Finance /Treasurer /Deputy C... NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS AS AT DECEMBER 31, 2011 10.Accumulated surplus The accumulated surplus consists of individual fund surplus and reserves as follows: 2011 2010 Surplus Invested in tangible capital assets General area taxation Lake Simcoe Regional Airport Inc. Community centres Waste management Unfunded emnlovee future benefit: 54,784,291 52, 892,056 476,512 719,491 223,305 131,144 ®A (1,963) (2,939) (2,134) (3,782) (153,646) (81,461) Taxation revenue 29,547,720 1"L Xi, 55 326,365 53,654,509 t� Reserves set aside for specific purposes by Council (8,480,712) 11,620,720 Acquisition of specific assets ) ` 3,453,587 2,734,352 Working funds ��� 1,975,156 1,528,057 Contingencies 34,113 56,321 Insurance 49,813 47,313 Gravel pit restoration 44,021 44,021 Waterworks systems 3,059,517 3,591,891 Community halls 84,322 83,126 y��,} 8,700,529 8,085,081 (� 64 026 894 61,739,590 Capital projects in the a $617,414 were financed from the Waterworks systems reserve in 2008. Annual transfers of $61,7 wi be made until 2017 to replenish the reserve. II.Net municipal taxation Net municipal taxation consists of: 2011 2010 Taxation revenue 29,547,720 28,634,770 Amounts levied and remitted to School Boards (9,237,084) (9,258,542) Amounts levied and remitted to County of Simcoe (8,689 916) (8,480,712) 11,620,720 10, 895,516 13 Page 50 of 277 10a) - Paul Gravelle, Director of Finance /Treasurer /Deputy C... NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS AS AT DECEMBER 31, 2011 12. Commitments The Township has leased various equipment for which the minimum annual lease payments are as follows: 13. Contingencies (a) Claims have been filed against the Township requesting damages. Taultimate outcome of these claims is not determinable at the time of issue of these consolidated finan t tements. No provision for these claims has been recorded in these financial statements. Settlemen& excess of insurance, if any, will be reflected in the periods in which financial settlement occurs. A (b)During 1991, the County of Simcoe assumed the waste atiagement of the Township pursuant to provincial legislation. In connection therewith, the To �.' transferred the property and related assets utilized in its waste management activities to the Cho, y. The legislation provides for financial adjustments to be made between the Township and CpAo6 y with respect to the transfer of these activities, the property and related assets. Settlements ' Mdj reached for the related assets in prior years. Negotiations remain unresolved and indete egarding the landfill sites and gravel pit property. Settlements will be reflected in the periods in Dq the settlements occur. (c) Annually, the municipality is unable to est' ate its Ontario Provincial Police adjustment. As a result, the expense adjustment is recorded in - e. in which it is received or paid. A credit of $62,830 was received in 2011 and recorded as a r un in expenses in net financial assets for services performed in 2010 (2010 - $213,080 credit reegivved clr 2009). 14.Future accounting In February 2010, the CICA*JsWd 'Section PS 3510, "Tax Revenue ", which establishes recognition, measurement, presentatio an closure standards relating to tax revenue reported in financial statements. The section is effective N P scal years beginning on or after January 1, 2013, earlier adoption is encouraged. The new standaW is not expected to have a material effect on the financial statements. The CICA has also issued Section PS 3410, "Government Transfers ", which establishes recognition, measurement, presentation and disclosure standards relating to transfers of monetary assets or tangible capital assets from a government to an individual, an organization or another govemment. The section also establishes standards for a government receiving transfers of monetary assets or tangible capital assets from another government. The section is effective for fiscal years beginning on or after January 1, 2013, earlier adoption is encouraged. The new standard is not expected to have a material effect on the financial statements. 14 Page 51 of 277 2012 54,331 2013 54,331 2014 44,661 2015 8,772 13. Contingencies (a) Claims have been filed against the Township requesting damages. Taultimate outcome of these claims is not determinable at the time of issue of these consolidated finan t tements. No provision for these claims has been recorded in these financial statements. Settlemen& excess of insurance, if any, will be reflected in the periods in which financial settlement occurs. A (b)During 1991, the County of Simcoe assumed the waste atiagement of the Township pursuant to provincial legislation. In connection therewith, the To �.' transferred the property and related assets utilized in its waste management activities to the Cho, y. The legislation provides for financial adjustments to be made between the Township and CpAo6 y with respect to the transfer of these activities, the property and related assets. Settlements ' Mdj reached for the related assets in prior years. Negotiations remain unresolved and indete egarding the landfill sites and gravel pit property. Settlements will be reflected in the periods in Dq the settlements occur. (c) Annually, the municipality is unable to est' ate its Ontario Provincial Police adjustment. As a result, the expense adjustment is recorded in - e. in which it is received or paid. A credit of $62,830 was received in 2011 and recorded as a r un in expenses in net financial assets for services performed in 2010 (2010 - $213,080 credit reegivved clr 2009). 14.Future accounting In February 2010, the CICA*JsWd 'Section PS 3510, "Tax Revenue ", which establishes recognition, measurement, presentatio an closure standards relating to tax revenue reported in financial statements. The section is effective N P scal years beginning on or after January 1, 2013, earlier adoption is encouraged. The new standaW is not expected to have a material effect on the financial statements. The CICA has also issued Section PS 3410, "Government Transfers ", which establishes recognition, measurement, presentation and disclosure standards relating to transfers of monetary assets or tangible capital assets from a government to an individual, an organization or another govemment. The section also establishes standards for a government receiving transfers of monetary assets or tangible capital assets from another government. The section is effective for fiscal years beginning on or after January 1, 2013, earlier adoption is encouraged. The new standard is not expected to have a material effect on the financial statements. 14 Page 51 of 277 10a) - Paul Gravelle, Director of Finance /Treasurer /Deputy C... s O m rnr O hG l- N b � 4 NN V O b "� h GD O� b9 NM O N O NNH 7 BOND N r M L� G N N O mm� Q a U � W ARM �^ s HER N N M N N 11 41 ONE 11 N cc 10 Iq (V q v1 2 _ •c E >'9 aC o"O rn e .: N V N M M n - o wo w A CC N Q Q ctl C � n 4 y Q ❑ .a m Q`w w z Page 52 of 277 10a) - Paul Gravelle, Director of Finance /Treasurer /Deputy C... Page 53 of 277 �wM .y O O o0 N r " .6 N o pamd w NWU �E 0 -� La Iq m_ 11� In - U 0 C7 = T ° o p O q ppq p p� o Qr79a ro z Page 53 of 277 10a) - Paul Gravelle, Director of Finance /Treasurer /Deputy C... Page 54 of 277 w rn rn m 11: n N tV - � P s Fw- ON N Oda r O IOm M O .1. ro d:�S a W> Vm n 69 O m N b b ON. �O n 10 n } Vo N n '�'• w W (0�o o6 d4 a vNi� b m N h Vbl �• -� Z W tl ti d" � d -. - cv ' - �• �O to M �O � �O O N � N OO V b m ¢U' � 0 aC - C7 G 0 - um d 3 i ew m z Page 54 of 277 10a) - Paul Gravelle, Director of Finance /Treasurer /Deputy C... Page 55 of 277 hmN� ov,-. m rnvm o vi vi 'o oo �o � M N N a a Vt 4 ..- �- ..- :.�� - -.� z e w 4 88 y 0 O cT 1 p gy O O� N 'n � O �O O, � N 1m l: g M �i O i0 D Vl b b N N 00 O V N W Big V y wzw �7p 5 Wm awry �j 0 `nO�.�m•a � N M � � e� o a .�N 9z 04 F7 y N N z o _ - - y cJ O .-y [7 m U Eh m ,21 .� Eb o¢ V O O o V wU A 90 w� ��Ua w Page 55 of 277 10a) - Paul Gravelle, Director of Finance /Treasurer /Deputy C... Page 56 of 277 a r b �+L •G � � � b b O � Orn 0 vi b � O; O� vMi v`ti o0 .�. .'�-_ �„�• F F. Q Vl bi � M � � V�1 b a � � a � � � N X a z 11� Iq w o'^o � vri � c�DV _ � N SSS M a �.. -,. p�W�i o m° °` m • � `° b° � '^ 'n � OY � � co o� �a v'�i aNO o N Iq .W] Z QyqW F Y�S W G F op N N � 4 -� s � O �" w WW � ❑ Op u � � u ..6 b N f.9 O� Y1 m V1 0 vi ..Q"_ N `"-' d' T .+ � C• p� N pP. 00 S. �'_' ❑g� Qa d M r U O U O 5 o d a 6q6 � � o 0 R Page 56 of 277 10a) - Paul Gravelle, Director of Finance /Treasurer /Deputy C... - N�pbO � Sm b N oho VOVb O.W N � O �S O N o O N r N - p v h c _ N M h V1 N t� d N 1� h V'1 OO V1 N d � fA _ W z p ✓Wl O 5� 18 Soo (V vi p 'g y� � N '1 v1 IN 'D O2 N b S b O rJ N N h m IN M - m � €3 Y Vii vii vbi � W O .N+B v1 O b Nzw �i a � 'a .. po o O S ,� rn v°1i v1 M 00 b `r r cQn M M C'c3 Op q Q p0. N N - _ O - = v k 6 rn C• O h m v b Ni �D O N Yt N - .� h N r a b d d m IL rhn yhi O A o � _ � N '� � � O A K � 0. eKi W ❑ w +� p y °.'�`a�°b ❑a °�q 3�q�� Qua "� v ❑�a+ o� a ~.90 JM - U as Z - a z C4 Page 57 of 277 10b) - Report No. F12012 -13, Paul Gravelle, Director of Fina... Township of REPORT`'�� Proud Heritage, Exciting Future Report No. F12012 -13 To: Council Prepared By: Paul Gravelle Meetingq Date: June 6t , 2012 Subject: Banking Services Motion # Roll #: R.M.S. File #: RECOMMENDATION(S): Requires Action For Information Only It is recommended that: 1. Report No. F12012 -13 be received and adopted. 2. That the Township of Oro - Medonte enter into a renewed agreement for banking services with TD Commercial Banking for a further 5 year term with terms and conditions as stipulated in the proposal for banking services dated April 11,2012. BACKGROUND: In 2007, following a request for proposal process, the Township of Oro - Medonte entered into an agreement for the provision of banking services with TD Commercial Banking for a term of five years. The current agreement will expire on July 1, 2012. TD Commercial Banking has provided a banking proposal for a further 5 year term. ANALYSIS: Please find attached a comparison of fees and terms of the current agreement to fees and terms in the renewal proposal. All terms remain constant other than a reduction in Interac fees. In 2011, total fees paid were $2,321. When requests for proposals were requested in 2000 and 2007, the key determining factor when evaluating the proposals was the interest rate paid on account balances. Finance Report No. F12012 -13 Meeting Date Page 1 of 2 Page 58 of 277 10b) - Report No. F12012 -13, Paul Gravelle, Director of Fina... The current rate provided being Prime — 1.725% is probably optimal. It should be noted that an improvement to the rate of 25 basis points would only generate additional annual revenue of approximately $3,500. FINANCIAL / LEGAL IMPLICATIONS / RISK MANAGEMENT: As per attached comparison of terms POLICIES /LEGISLATION: Not applicable CORPORATE STRATEGIC GOALS: Financial Stewardship Service Excellence CONSULTATIONS: TD Commercial Banking ATTACHMENTS: Comparison of banking services terms and fees CONCLUSION: During the five year term of the current agreement, TD Commercial Banking has provided excellent service to the municipality. We believe the interest rate being paid and fees charges are very competitive. As such , we would recommend renewing for a further five year term with TD Commercial banking for the provision of banking services. Respectfully submitted: P� L—r Paul Gravelle Director of Finance SMT Approval/ Comments: C.A.O. Approval / Comments: Finance Meeting Date Report No. F12012 -13 Page 2 of 2 Page 59 of 277 10b) - Report No. F12012 -13, Paul Gravelle, Director of Fina... Page 60 of 277 E Y a v 3 W Z O W v} + � t W a"' O O 0 E E E E Ln E E Ln a n n n ° tmR ° n W W LL 0 E E Z CU Q Y Y E N N Y v z °C z CL a Uj � LO w LL O O W 0 V v> v► 0 —I :3 C Z W c + + v} Y O 0 W (7 v v + -a E E ON H Q N 4= _r_ (Lo a' Q H v c U (0 a L.L O a Z W -a a a o L a Y Z w a N E v ? O ui O �n E a v Q- Ov m U m Ln o (A aL v^i� v^i t`n u to Z 3 O V) m U C f0 C m CU m Q W i = 3 O dq O L U Q U O. fO9 a N L O U Y v Q) do 0 i N N LL C VI O O a v w CL Y ] i Y N O N U Y �N 7 +' 4� N L C r6 U L E aL o U a Page 60 of 277 10c) - Report No. F12012 -14, Paul Gravelle, Director of Fina... Township Of REPORT Proud Heritage, Exciting Future Report No. Fl 2012 -14 To: Council Prepared By: Janice MacDonald Meeting Date: June 06, 2012 Subject: Statement of Accounts — May 31, 2012 Motion # AC00708 Roll #: R.M.S. File #: I RECOMMENDATION(S): Requires Actions For Information Onlyn It is recommended that: 1. Report No. FI 2012 -14 be received for information only. 2. The accounts for the month of May 2012 totalling $ 1,501,374.30 are received. BACKGROUND: Following is the statement of accounts for the month of May. Cheque Reaisters: Batch No. Date Amount AC00707 May 02, 2012 148,561.38 AC00708 May 11, 2012 612,862.46 AQ00503 May 28, 2012 4,192.00 AQ00504 May 16, 2012 165.00 AC00709 May 16, 2012 145,572.56 AC00710 May 23, 2012 216,146.53 AC00711 May 30, 2012 81,113.99 $ 1,208,613.92 FINANCE June 06, 2012 Report No. FI 2012 -14 Page 1 of 3 Page 61 of 277 10c) - Report No. F12012 -14, Paul Gravelle, Director of Fina... Payroll: PR00677 May 05, 2012 146,864.99 PR00681 May 19, 2012 133,495.40 $ 280,360.39 Credit Card Registers: AE00455 May 28, 2012 74.58 AE00456 May 28, 2012 1,519.01 AE00457 May 28, 2012 1,877.54 AE00458 May 28, 2012 2,446.84 AE00459 May 28, 2012 3,137.82 AE00460 May 28, 2012 1,273.95 (� AE00461 May 28, 2012 983.15 AE00462 May 28, 2012 1,084.10 $ 12,399.99 Total: $ 1,501,374.30 ANALYSIS: Not Applicable. FINANCIAL / LEGAL IMPLICATIONS / RISK MANAGEMENT: Not Applicable. POLICIES /LEGISLATION: Not Applicable. FINANCE June 06, 2012 Report No. FI 2012 -14 Page 2 of 3 Page 62 of 277 10c) - Report No. F12012 -14, Paul Gravelle, Director of Fina... CORPORATE STRATEGIC GOALS: Not Applicable. CONSULTATIONS: Not Applicable. ATTACHMENTS: Cheque Registers — under separate cover. CONCLUSION: That the accounts for the month of May are received. Respectfully submitted: ('� - " (Q kcicz���- Janice MacDonald, Accounting Clerk SMT Approval / Comments: C'Lk FINANCE Report No. FI 2012 -14 C.A.O. Approval / Comments: June 06, 2012 Page 3 of 3 Page 63 of 277 10d) - Report No. TES2012 -12, Jerry Ball, Director of Transp... T zrrnship of REPORT ' Proud .Heritage, Exciting Future Report No. To: Prepared By: TES2012 -12 COUNCIL Jerry Ball Meeting Date: Subject: Motion # June 6, 2012 Results for 2012 Vehicle Quotation (1 -'/2 Ton Pick Up, Roll #: R.M.S. File #: Regular Cab — 2 Wheel Drive), for the Environmental Services Department RECOMMENDATION(S): Requires Action For Information Only It is recommended that: 1. THAT Report No.TES2012 -12 be received and adopted. 2. THAT the 2012 Vehicle Quotation be awarded to Bourgeois Motors Ltd., Midland, Ontario, BACKGROUND: Advertisement for the following Vehicle Quotation was hand delivered. They were opened at the Administration Centre on Friday May 18, 2012 at 1:20 p.m. The Director, Transportation and Environmental Services, and the Recording Secretary, were present during the opening • Environmental Services Department Quotation for One (1) 2012'/2 Ton Pick Up, Regular Cab -2 Wheel Drive Transportation and Environmental Services June 6, 2012 Report No. TES2012 -12 Page 1 of 3 Page 64 of 277 10d) - Report No. TES2012 -12, Jerry Ball, Director of Transp... ANALYSIS: The results of the Vehicle Quotation(s) opening is as follows: Bourgeois Ford Motors $19,695.00 Ltd., Midland Thor Motors, Orillia 1 $19.999.00 Tom Smith Chevrolet $20,297.20 Buick GMC Ltd., Midland Jim Wilson Chevrolet I $20,013.00 Buick GMC, Orillia *(Taxes Not Included in above prices)* FINANCIAL / LEGAL IMPLICATIONS / RISK MANAGEMENT: The vehicle has been identified in the 2012 Budget (Environmental Services Department) POLICIES /LEGISLATION: N/A CORPORATE STRATEGIC GOALS: N/A CONSULTATIONS: Manager of Environmental Services ATTACHMENTS: N/A Transportation and Environmental Services June 6, 2012 Report No. TES2012 -12 Page 2 of 3 Page 65 of 277 10d) - Report No. TES2012 -12, Jerry Ball, Director of Transp... CONCLUSION: It is recommended that the Vehicle Quotation from Bourgeois Ford Motors Ltd., Midland, be accepted at a low quotation amount of: $19.695.00, for the 2012 — 1/2 Ton Pick Up, Regular Cab — 2 Wheel Drive Respectfully submitted: Jerry Ball, C.R.S.S. Director, Transportation and Environmental Services SMT Approval / Comments: I C.A.O. Approval / Comments: Transportation and Environmental Services June 6, 2012 Report No. TES2012 -12 Page 3 of 3 Page 66 of 277 10e) - Report No. DS2012 -34, Andria Leigh, Director Developm... Tor h - )f - REPORT Proud Heritage, Exciting Future Report No. To: Prepared By: DS 2012 -034 Council Glenn White, Manager of Planning Services Meeting Date: Subject: Plan of Subdivision Motion # June 6, 2012 Application 2011 - SUB -02 ( Teskey) Part of Lot 5, Concession 14 Roll #: R.M.S. File #: 4346- 020 - 004 -12001 (Medonte) East side of Line 13 D12- 41981 RECOMMENDATION(S): Requires Action ❑X For Information Only ❑ It is recommended: 1. THAT Report DS 2012 -034 Re: Draft Plan of Subdivision Application 2011 - SUB -02 for Bruce and Kerry Teskey, Part of Lot 5, Concession 14 (Medonte), Township of Oro - Medonte, be received and adopted; 2. THAT Draft Plan Approval for the lands proposed to be subdivided by Bruce and Kerry Teskey and the draft plan conditions set out in Attachment #2 to this report be granted; 3. THAT cash -in -lieu of parkland as part of the subdivision approval process be accepted by the Township; and 4. That the applicant be notified of Council's decision. BACKGROUND: The purpose of this report is to consider a proposed Plan of Subdivision application submitted by Morgan Planning and Development Inc. on behalf of Bruce and Kerry Teskey, and to make recommendations to Council as to the disposition of the planning matters. This report reviews the comments made by agencies with respect to the applications for a proposed plan of subdivision. A further intent of this report is to provide Council with recommendations on the applications for development. The Plan of Subdivision application 2011 - SUB -02 proposes to create 29 new residential lots. The applicant has also submitted a Zoning Amendment Application 2011- ZBA -10 and will be seeking approval for an amending Zoning By -law which places the lands in the Residential One (R1) Hold zone. The zoning application will be considered by a separate report at a later date. Each of the 29 lots will front on a new public road and the entrance to the subdivision will be from Line 13 North. The property abuts Highway 12, however will have no access points onto Highway 12. The minimum lot frontage is 30 metres and each of the lots will have a minimum lot DEVELOPMENT SERVICES June 6, 2012 Report No. DS2012 -034 Page 1 of 14 Page 67 of 277 10e) - Report No. DS2012 -34, Andria Leigh, Director Developm... area of 0.2 hectares (0.49 acres). This is the minimum zoning standard for a Residential One (R1) Zone. A reduction of the Plan of Subdivision is attached to this report as Attachment #1. Each of the proposed lots will be serviced by private septic systems and municipal water. Adjacent land uses in the Warminster Settlement Area include an elementary school to the north, existing residential lots to the west, Highway 12 abutting to the east and agricultural land to the south. The total landholding of the proposed plan of subdivision is 8.88 hectares (21.9 acres), located south of Warminster Sideroad having approximately 335 metres of frontage on Highway 12. The proposed plan of subdivision is currently vacant. The lots are proposed to have frontages ranging from approximately 30 metres to 38 metres and lot areas ranging from 0.20 hectares to 0.38 hectares. I ANALYSIS: I The subject property is located in the south west quadrant of the Warminster Settlement Area; the draft plan lands are approximately 8.88 hectares (13.6 acres) of land with approximately 75 metres of frontage onto Line 13. The entrance to the plan of subdivision from Line 13 is located at the southerly portion of the site. The road travels east and then north forming a circle design with a cul -de -sac providing possible access to the designated lands to the north. The plan is proposing a stormwater pond (Block 32) to be located at the south -east corner of the site. Reserves (0.3m) will be provided abutting Line 13 and Highway 12 (Blocks 33 and 34) and a 50 sq.m. site triangle (Block 35) is located at the entrance of Road A and Line 13. A temporary turning circle (Block 31) is to be provided at the northerly end of Road A (Road B) as part of the future access to the vacant lands to the north. The design of the subdivision is appropriate given the shape and location of the lands with only one access point from Line 13 at this time. A public meeting was held on September 28, 2011. The plan currently being considered for approval was the result of revisions made to address comments by the commenting agencies during this consultation process. The lands are proposed in the future to have a Residential One (R1) Zone, which is consistent with the existing residential lands in the settlement area, all of the proposed lots would comply with the lot frontage and lot area requirements of this zone. The Warminster Water Supply system has been subject to upgrades to support the additional residential lots being developed in the Warminster Settlement Area. The Owner is required to pay their proportionate share of the costs of the water supply system upgrades that includes a new well, well house, reservoir, and the associated total engineering design and administrative costs at an estimated cost of $9302.74 or the actual final construction costs with such cost per lot to be paid prior to the execution of the subdivision agreement. A traffic impact report was also completed by CC Tatham & Associates Ltd and reviewed by the Township and MTO which indicated that the volume of traffic that will be generated from the proposed 29 lots would have no concerns in relation to increase traffic on municipal roads. The Ministry of Transportation requested that a consolidated traffic study of all the future development in the Warminster area be submitted to MTO for review and consideration. The applicant's traffic consultant has submitted a report to MTO which comments have been made and the report has been revised to address MTO comments. MTO is completing their additional review of the revised report. DEVELOPMENT SERVICES June 6, 2012 Report No. DS2012 -034 Page 2 of 14 Page 68 of 277 10e) - Report No. DS2012 -34, Andria Leigh, Director Developm... FINANCIAL / LEGAL IMPLICATIONS / RISK MANAGEMENT: Not applicable. POLICIES /LEGISLATION: Township of Oro- Medonte Official Plan: The subject lands are presently designated "Rural Settlement Area" by Schedule "A" of the Official Plan. The Rural Settlement Area designation provides for limited residential growth by Plan of Subdivision on municipal water and private septic services, as proposed by this application. Warminster is a rural service centre and is serviced by a municipal water system that is capable of being expanded at the developers' expense. Permitted uses on lands designated Rural Settlement Area on the schedules to the Official Plan are "low density residential, small scale commercial uses that serve the needs of the settlement area and surrounding rural area .... etc. Schedule "A" of the Township's Official Plan indicates that the southerly portion of the proposed plan of subdivision is designated "Agricultural" and not "Rural Settlement Area" as the rest of the proposed subdivision is designated. Without this southerly portion of land, the plan of subdivision would be land locked without its proposed access from Line 13. It is staff's opinion that there is a mapping error with Schedule "A" as the Rural Settlement Area designation did not follow and include the whole of the applicant's land holdings. The applicant has provided staff with evidence that the land for the plan of subdivision was one parcel of land. Section E1.8 "Interpretation of Land Use Designation Boundaries" provides that the boundaries between land uses designated on the schedules to the Official Plan are approximate except where they meet roads, railway lines, rivers ... 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. Schedule "A" should have carried the Rural Settlement Area boundary to the full extent of the applicant's property lines and not included a small section of land designated "Agricultural ". Staff is of the opinion that Schedule "A" contains a mapping error and that Section E1.8 provides wording to allow minor adjustment to boundaries without requiring an amendment to the Official Plan. The applicant's Planning Consultant has requested the County of Simcoe to consider amending their Settlement Area mapping to reflect this mapping error. An amending Zoning By -law for this plan of subdivision will not be considered by Council until the County of Simcoe has finalized their consideration of the applicant's request to amend the boundaries of the Warminster Settlement Area in the County of Simcoe Official Plan. Upon recognizing the error in Schedule "A ", the subject lands are located within a Rural Settlement Area, as such, the proposed plan of subdivision constitutes a permitted use in accordance with the Rural Settlement Area policies of the Official Plan and is consistent with the County of Simcoe and Provincial policies. Zoning By -law 97 -95: The subject property is presently zoned Agricultural /Rural Exception 15 (A/RU *15) Zone by Zoning By -law No. 97 -95. The proposed rezoning would rezone the lands from A/RU *15 Zone to Residential One (R1) Zone to reflect the intended use of the lands. DEVELOPMENT SERVICES June 6, 2012 Report No. DS2012 -034 Page 3 of 14 Page 69 of 277 10e) - Report No. DS2012 -34, Andria Leigh, Director Developm... It is also proposed to zone the property to Residential One Hold (R1 (H)) Zone. There are no exceptions required to the zone standards for the proposed residential lots. The subject lands are also proposed to have the Open Space (OS) Zone, which will recognize proposed walkway along the north- eastern limited of the proposed subdivision abutting Lot 1. The Holding provision shall not be lifted until a Subdivision Agreement has been entered into between the Township of Oro - Medonte and the Developer and a Certificate of Substantial Completion For Underground Service is issued by the Township. Plan of Subdivision: A comprehensive review of all of the supporting reports and the agency comments has been undertaken as part of the process of developing a series of draft plan conditions that would apply to the plan of subdivision. While many of the draft plan conditions are standard conditions, there are a number of unique conditions that are intended to ensure that the specific recommendations of the NVCA and Ministry of Transportation and related to stormwater management and traffic requirements are implemented. It should be noted that the Planning Act requires either a 5% land dedication for parkland or cash -in -lieu of parkland for residential development. The draft plan has not provided a parkland block. Through consultation with the Director of Recreation and Community Services it would be more appropriate for the Township to collect cash -in -lieu of parkland. The municipal park located on the east side of Highway No. 12 would serve as parkland for the subdivision. There is also a small park site planned for the residential development on the west side of Line 13. Provincial Policv Statement: Section 1.1.3 "Settlement Areas" states: "1.1.3.1 Settlement areas shall be the focus of growth and their vitality and regeneration shall be promoted. "1.1.3.3 Planning authorities shall identify and promote opportunities for intensification and redevelopment where this can be accommodated taking into account existing building stock or areas, including brownfield sites, and the availability of suitable existing or planned infrastructure and public services facilities required to accommodate projected needs." The proposed plan of subdivision reflects the intent of the Provincial Policy Statement. Places to Grow: Section 2.2.9 "Rural Areas" states "New multiple lots and units for residential development will be directed to settlement areas, and may be allowed in rural areas in site- specific locations with approved zoning or designation that permits this type of development in a municipal Official Plan, as of effective date of this Growth Plan." Staff is of the opinion that this proposed plan of subdivision generally conforms with the policies of the Growth Plan. DEVELOPMENT SERVICES June 6, 2012 Report No. DS2012 -034 Page 4 of 14 Page 70 of 277 10e) - Report No. DS2012 -34, Andria Leigh, Director Developm... CORPORATE STRATEGIC GOALS: Quality of Life: To contribute to an enriched quality of life for residents by maintaining Oro - Medonte's natural beauty and country-like character and by providing opportunities that encourage community participation in activities and recreational programs. Safe and Healthy Community: To ensure that Oro - Medonte policies and programs promote a safe and secure environment while encouraging healthy lifestyles. Sustainability: To build an increasingly sustainable community with regard for and sensitivity to the needs of future generations. CONSULTATIONS: Supporting documentation was submitted in support of the proposed development and circulated to internal Township Departments and relevant external agencies. The following are the technical reports completed to support the proposed residential plan of subdivision: • Land Use Planning Report (Morgan Planning & Development Inc.) • Transportation Review (C.C. Tatham & Associates Ltd.) • Functional Servicing and Stormwater Management Report (C.C. Tatham & Associates Ltd.) • Draft Plan of Subdivision (C.T. Strongman Surveying Ltd.) • Hydrogeological Evaluation ([an D. Wilson Associates Limited — Consulting Hydrogeologists) • The Stage 1 -2 Archaeological Assessment (Archaeological Assessments Ltd) The plan of subdivision and related reports were circulated to internal and external agencies with the following written responses having been received: Nottawasaga Valley Conservation Authority No objection to the proposed amendments, permit required prior to final approval of the subdivision. Prior to final plan approval, NVCA also requires a detailed Storm Water Management report, erosion and sediment control plan and a detailed grading plan shall be prepared to the satisfaction of NVCA and the Township of Oro - Medonte. NVCA provided seven draft plan conditions which were contained in a letter dated March 3, 2012. These conditions are included in the Draft Plan conditions attached to this report. On the basis of the above, the NVCA is supportive of the approval of the requested Draft Plan of Subdivision subject to the fulfilment of the draft plan conditions prior to registration of the plan. Ministry of Transportation Following the submission of plans and technical studies, the MTO provided a commenting letter to the Township of Oro - Medonte dated September 22, 2011 which included three conditions of Draft Plan approval. MTO requires prior to final approval, the owner shall submit to MTO a detailed stormwater management report, in accordance to MTO requirements, and a 0.3m reserve extending across the entire Highway 12 frontage to be conveyed by deed, free and clear of all encumbrances, to MTO. MTO also requires prior to final approval, the owner to DEVELOPMENT SERVICES June 6, 2012 Report No. DS2012 -034 Page 5 of 14 Page 71 of 277 10e) - Report No. DS2012 -34, Andria Leigh, Director Developm... submit to the Ministry of Transportation for review and approval a traffic impact study to assess cumulative impacts on Highway 12 operations associated with all draft plans of subdivision in Warminster, and ensure that appropriate mitigation, if required, is provided for. The applicant's traffic consultant has submitted this required traffic study which is being reviewed by MTO. The study has not been approved by MTO; therefore it remains as a condition of draft approval. AECOM AECOM has reviewed the Functional Servicing report and the draft plan. After their review of the third submission of the plan of subdivision, AECOM provided a letter dated January 2, 2012 stating the revised drawings addressed their previous comments and had no further comments. AECOM provide staff with three specific draft conditions dealing with fencing issues. These were in addition to the normal engineering draft conditions. The fencing issues are contained in the draft conditions attached to this report. Simcoe Muskoka Catholic District School Board The SMCDSB comments that any pupils generated by this development are within the current catchment area for Notre Dame Catholic elementary school and Patrick Fogarty Catholic secondary school. It is noted that Notre Dame has a current Ministry of Education and Training rated capacity of 389.0 pupils, and a projected October 31, 2011 enrolment of 453 pupils. Due to the pace of residential development, the Board requested the following condition of Draft Plan approval: "That the owner includes in all offers of purchase and sale a clause advising prospective purchasers that publics from this development attending educational facilities operated by the Simcoe Muskoka Catholic District School Board may be transported to / accommodated in temporary facilities out of the neighbourhood school's area." ATTACHMENTS: Attachment 1: Draft Plan Attachment #2 — Proposed Draft Plan Conditions CONCLUSION: The proposed Draft Plan of Subdivision would provide a residential development within the Warminster Settlement Area in accordance with the policies of the Official Plan. On the basis of the above, it is recommended that Council approves the Draft Plan of Subdivision 2011 - SUB -02 and associated Draft Plan conditions. Respectfully submitted: Glenn White, MCIP, RPP Manager of Planning Services Reviewed by: Andria Leigh, MbIP, RPP Director of Development Services SMT Approval / Comments: C.A.O. Approval / Comments: DEVELOPMENT SERVICES Report No. DS2012 -034 June 6, 2012 Page 6 of 14 Page 72 of 277 10e) - Report No. DS2012 -34, Andria Leigh, Director Developm... ATTACHMENT 1: DRAFT PLAN \ A `'>;, O ao ¢w a p / G � O R m� saw e �a w 4 P CHi.. g fi x $ a in 7( 5g p ` y 1 J � I �g I ���_ /r f •l �a a JI Al t cc t b , avo Y s F- .,� : o Y DEVELOPMENT SERVICES June 6, 2012 Report No. DS2012 -034 Page 7 of 14 Page 73 of 277 10e) - Report No. DS2012 -34, Andria Leigh, Director Developm... ATTACHMENT 2: PROPOSED DRAFT PLAN CONDITIONS The Township of Oro- Medonte's conditions to final plan approval for registration of this Plan of Subdivision are as follows: No. Conditions 1. That this approval applies to the draft plan prepared by Dearden and Stanton Ltd. dated January 3, 2012 in Part of Lot 5, Concession 14, former Medonte, Township of Oro - Medonte which shows a total of 29 single detached residential lots, 1 future road connection (Block 30), 1 Temporary Turning Circle (Block 31), 1 Storm Water Management Pond (Block 32), 2 0.3 metre reserves (Blocks 33 -34), and 1 day lighting triangle (Block 35). 2. That the owner include in all offers of purchase and sale a clause advising prospective purchasers that pupils from this development attending educational facilities operated by the Simcoe Muskoka Catholic District School Board may be transported to / accommodated in temporary facilities out of the neighbourhood school's area. 3. That the owner agrees to include in all offers of purchase and sale a statement that advises the prospective purchaser that the public schools on designated sites in the community are not guaranteed. Attendance at schools in the area yet to be constructed is also not guaranteed. Pupils may be accommodated in temporary facilities and /or directed to schools outside of the area. 4. That the owner agrees to include in all offers of purchase and sale a statement that advises the prospective purchaser that school busses will not enter cul -de -sacs and pick up points will generally be located on through streets convenient to the Simcoe County District School Board. Additional pick up points will not be located within the subdivision until major construction activity has been completed. 5. That the draft plan approval of the development is for a period of three (3) years. The owner shall apply for any extension at least sixty (60) days prior to the lapsing. 6. That the owner agrees to satisfy all the requirements, financial and otherwise of the Township of Oro - Medonte. 7. That the road allowances included within this draft plan of subdivision shall be dedicated as a public highway without monetary consideration and free of all encumbrances. 8. That the 0.3 metre reserve (Block 33) included within this draft plan of subdivision shall be conveyed to the Township of Oro- Medonte without monetary consideration and free all encumbrances. 9. That prior to final approval, a 0.3m reserve extending across the entire highway frontage be conveyed by deed, free and clear of all encumbrances, to the Ministry of Transportation. DEVELOPMENT SERVICES June 6, 2012 Report No. DS2012 -034 Page 8 of 14 Page 74 of 277 10e) - Report No. DS2012 -34, Andria Leigh, Director Developm... 10. That the two existing Highway 12 entrances to the subdivision lands must be closed, and the right of way restored to the satisfaction of the Ministry of Transportation prior to site grading and servicing. 11. That prior to final approval, the owner shall submit to the Ministry of Transportation for review and approval a traffic impact study to assess cumulative impacts on Highway 12 operations associated with all draft plans of subdivision in Warminster, and ensure that appropriate mitigation, if required, is provided for including their proportionate share of any costs for such works. 12. That prior to final approval, the owner shall submit to the Ministry of Transportation for review and approval a detailed stormwater management report, in accordance with MTO Stormwater Management Requirements for Land Development Proposals ( htto : / /www.mto.gov.on.ca /engIish /engineering /drainage /stormwater /index.shtm1). 13. That the road allowances within this draft plan of subdivision shall be named to the satisfaction of the Township of Oro - Medonte. 14. That prior to final approval the appropriate zoning shall be in effect for this subdivision, in accordance with the provisions of the Planning Act. 15. That the owner shall enter into a subdivision agreement with the Township of Oro - Medonte, agreeing to satisfy all conditions, financial and otherwise, of the Township of Oro - Medonte. 16. That the subdivision agreement between the owner and the Township contain phasing arrangements to the satisfaction of the Township. 17. That the Owner carries out an appropriate archaeological assessment to the satisfaction of the Ministry of Culture. 18. That such easements as may be required for utility or drainage purposes shall be granted to the appropriate authority. 19. That prior to final approval, an amended Environmental Compliance Approval from the Ministry of Environment be obtained with respect to ownership and operation of the storm water facilities. 20. That the Ministry of Environment receives a fully executed copy of the subdivision agreement to ensure that conditions are being fulfilled. 21. That prior to final approval, a plan or plans shall be prepared to the satisfaction of the Township Engineer showing: a) drainage control measures, b) general lot grading including existing and proposed elevations, c) building envelopes d) erosion control measures e) location and type of drinking water supply. These approved plan(s) will form part of the Subdivision Agreement with the Township. The consultant may be required to check the elevations of the building footings, prior to further construction, to ensure conformity with the approved plans noted above. DEVELOPMENT SERVICES June 6, 2012 Report No. DS2012 -034 Page 9 of 14 Page 75 of 277 10e) - Report No. DS2012 -34, Andria Leigh, Director Developm... The consultant may be required, prior to the issuance of a Final Inspection Report, to certify in writing that the installed works have been carried out in accordance with the approved plans. 22. That prior to final plan approval, the following shall be prepared to the satisfaction of the Nottawasaga Valley Conservation Authority and the Township of Oro - Medonte: A detailed Storm Water Management Report; An Erosion and Sediment Control Plan; and, A detailed Grading Plan. 23. That the owner shall agree in the Subdivision Agreement, in wording acceptable to the Nottawasaga Valley Conservation Authority, to carry out or cause to be carried out the recommendations and measures contained within the plans and reports set out above. 24. That the owner shall agree in the Subdivision Agreement, in wording acceptable to the Nottawasaga Valley Conservation Authority, to ensure that any storm water management facilities and sediment and erosion control measures will be in place prior to any site alteration. 25. That the owner shall agree in the Subdivision Agreement to engage a qualified professional to certify in writing that the works were constructed in accordance with the plans, reports and specifications, as approved by the Nottawasaga Valley Conservation Authority. 26. That easements required for storm water management and drainage purposes be granted to the appropriate authority. 27. The owner shall agree, prior to final plan approval, to pay all development fees to the Conservation Authority as required in accordance with the NVCA's fees policy, under the Conservation Authorities Act. 28. That the Owner agrees to pay cash -in -lieu of parkland in accordance with the requirements of the Planning and /or Municipal Act to the satisfaction of Council. 29. That all streets shall be designed and constructed in accordance with the Township of Oro - Medonte's Engineering Design Standard Specifications and Drawings, to an urban standard (OM -R2). The costs of all construction will be at the expense of the Owner. 30. That the Owner shall agree in the Subdivision Agreement, that such easements and land dedications as may be required for access, drainage, servicing, utilities and construction purposes shall be designed to the satisfaction of, and granted to the appropriate agencies or authorities, free and clear of all encumbrances, to the satisfaction of the Township of Oro - Medonte and all appropriate agencies or authorities. Such easements shall be dedicated to the appropriate approval authority at no cost to anyone but the Owner. The Township requires an 6.0 metre easement along the entire northern limits of the development from the west edge of proposed Lot 18 to Highway No. 12 for a watermain servicing connection to the existing system in Warminster on the east side of Highway 12. 31. That the Owner shall agree in the Subdivision Agreement that the water distribution system for this plan shall be looped from the existing watermain system in the South DEVELOPMENT SERVICES June 6, 2012 Report No. DS2012 -034 Page 10 of 14 Page 76 of 277 10e) - Report No. DS2012 -34, Andria Leigh, Director Developm... Shore Isabella Estates Inc. Subdivision, through this Plan to the existing watermain on Line 13 North; and that allowances shall be made for the future servicing of parcels of land abutting this plan, if deemed appropriate by the Municipality. All costs, including but not limited to legal and survey costs, will be borne by the Owner. 32. That prior to final approval, the Owner shall agree in the Subdivision Agreement to prepare and implement the following to the satisfaction of the Township and all site works shall be in strict accordance with a Landscape Design Plan as deemed appropriate by the Municipality. 33. That the Owner shall agree in the Subdivision Agreement that the services installed by the Owner shall be in accordance with the standards and specifications of the Township of Oro - Medonte, and shall include stormwater works, adequate pavement widths for roadways, street lighting, regulatory signs, street name signs, water distribution system with hydrants and any other services or facilities as required to meet the Township's Standard. Furthermore, the Subdivision Agreement will stipulate that hydrant markers be placed to the satisfaction of the Municipality. 34. That prior to final approval, the Owner shall agree in the Subdivision Agreement that the streets shall be named and a municipal numbering system be assigned to the satisfaction of the Township of Oro - Medonte. 35. That the Owner shall agree in the Subdivision Agreement to install, to the satisfaction of the Township, fencing in accordance with the standards of the Township of Oro - Medonte. This may involve, but is not limited to: privacy fencing along the rear of lots which abut Highway No. 12; 1.8 metre high black vinyl fencing along the limits of the Storm Water Management Facility (Block 32); 9 strand post and wire fencing along the entire south limit abutting the agricultural lands; and 1.5 metre black vinyl fencing along the rear of existing lots 1 to 9, and the flankage of lot 9 for lots fronting Line 13 North. 36. That the Owner agrees in the Subdivision Agreement to make satisfactory arrangements for the construction of a mail facility, if required, to the satisfaction of the Township of Oro - Medonte with confirmation received from Canada Post. 37. That the Owner shall agree in the Subdivision Agreement to locate a pad for a Canada Post community mailbox, to be identified on the engineered drawings, to the satisfaction of Canada Post and that prior to final approval, the Township be advised, in writing, by Canada Post how this condition has been satisfied. 38. The Warminster Water Supply system has been subject to upgrades to support the additional 159 residential lots proposed to be developed in the Warminister Settlement Area. The Owner shall agree to wording being incorporated into the Subdivision Agreement regarding their required financial contributions for the Warminster Water Supply System Upgrades. More specifically, the Owner shall agree that in addition to any other fees, levies, and charges payable by it to obtain building permits, the Owner shall pay their proportionate share of the costs of the water supply system upgrades that included a new well, well house, reservoir, and the associated total engineering design and administrative costs at an estimated cost of $ 9302.74 or the actual final construction costs with such cost per lot to be paid prior to execution of the subdivision agreement. Any reimbursement will be on a proportionate share basis to the developer based on their amount of lots compared to the total development lots (being 159). The Township shall make its best effort to recover funds upon the development of additional properties which DEVELOPMENT SERVICES June 6, 2012 Report No. DS2012 -034 Page 11 of 14 Page 77 of 277 10e) - Report No. DS2012 -34, Andria Leigh, Director Developm... shall require connection to the upgraded water system, water reservoir and fire pumps. Upon the Township obtaining any cost recovery, this cost recovery shall be provided to the Developer /Owner on the same proportionate share basis. That prior to final approval, of the Plan, the Township is advised in writing by the Ministry of Culture how condition 17 has been satisfied. 39. That prior to the final approval of this plan, the Township is advised in writing by the Simcoe County District School Board how conditions 3 & 4 have been satisfied. 40. That prior to the final approval of this plan, the Township is advised in writing by the Simcoe Muskoka Catholic Separate School Board how condition 2 has been satisfied. 41. That prior to the final approval of this plan, the Township is advised in writing by the Nottawasaga Valley Conservation Authority how conditions 22 through 27 have been satisfied. 42. That prior to the final approval of this plan, the Township is advised in writing by the Ministry of Transportation how conditions 9 through 12 have been satisfied. 43. That prior to the final approval of this plan, the Township is advised in writing by the Ministry of Environment how conditions 19 and 20 have been satisfied. 44. That prior to the final approval of this plan, the Township is advised in writing by Canada Post how conditions 36 & 37 have been satisfied. 45. That prior to the final approval of this plan, the Township is advised in writing by the Township of Oro - Medonte how conditions 1 through 38 have been satisfied. NOTES TO DRAFT APPROVAL 1. It is the applicant's responsibility to fulfill the conditions of Council's approval and to ensure that the required clearance letters are forwarded by the appropriate agencies to the Township of Oro - Medonte, Planning Department, Administration Centre, 148 Line 7 South, Box 100, Oro, ON LOL 2X0, quoting Township file number 2008 - SUB -01. 2. The Land Titles Act requires all new plans be registered in a Land Titles system if the land is situated in a land titles division and there are certain exceptions. 3. The Township of Oro - Medonte uses a 0.3 metre reserve to notify the public that access to the Municipal highway will not be granted across the reserve. It should be shown as a block on the final plan outside the road allowance. Deeds in triplicate conveying this reserve to the Corporation of the Township of Oro- Medonte together with the proposed final plan should be sent to the municipal Clerk. 4. Inauguration, or extension of a piped water supply, or a storm drainage system, is subject to the approval of the Ministry of Environment under sections 23 and 24 of the Ontario Water Resources Act, R.S.O. 1980. 5. Ministry of Transportation wishes to advise the developer of the following: (a) MTO Building & Land Use permits are required for all lots within 45m of Highway 12 property limits. MTO permits are also required prior to site grading / servicing / internal road construction, and for site signs. An MTO Encroachment permit is DEVELOPMENT SERVICES Report No. DS2012 -034 June 6, 2012 Page 12 of 14 Page 78 of 277 10e) - Report No. DS2012 -34, Andria Leigh, Director Developm... required for works within the Highway 12 ROW. B &LU and Sign permit inquiries / applications should be submitted to Ms. Janice Hendrix, Permits Officer in this office (416- 235 - 5382). Encroachment permit inquiries /applications should be directed to Mr. Bernie O'Brien of this office at (416) 235 -4491. (b) Residential structures (above and below ground) must be setback a minimum of 8 metres from Highway 12 property limits; ponds require a 14 metre setback. 6. Hydro One wishes to advise the developer of the following: a) the costs of any relocations or revisions to Hydro One facilities which are necessary to accommodate this subdivision will be borne by the developer b) any easement rights of Hydro One are to be respected C) the developer should contact the local Hydro One Area Office to verify if any low voltage distribution lines may be affected by the proposal 7. Nottawasaga Valley Conservation Authority wishes to advise the developer of the following: a. The NVCA will require a signed copy of the subdivision agreement prior to the clearance of draft plan conditions. 8. The final plan approved by the Township must be registered within 30 days or the Township may withdraw the approval under Section 51 (59) of the Planning Act, R.S.O. 1990 9. All measurements in the subdivision final plan must be presented in metric units. 10. Clearances are required from the following agencies: Corporation of the Township of Oro - Medonte Box 100 Oro Station, Ontario LOL 2X0 Simcoe County District School Board 1170 Highway 26 Midhurst,ON LOL 1 XO Nottawasaga Valley Conservation Authority Simcoe Muskoka Catholic District School 8195 8" Line Board Utopia, Ontario 46 Alliance Blvd. LOM 1 TO Barrie,ON L4M 5K3 Ministry of Transportation Ministry of Culture Central Region 400 University Avenue, 4`" Floor Corridor Management Section Toronto, ON, M7A 2R9 7" Floor, Bldg. D 1201 Wilson Avenue Downsview, ON M3M 1J8 If the agency conditions concern conditions in the Subdivision Agreement, a copy of the relevant section of the agreement should be sent to them. This will expedite clearance of the final plan. 11. If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval shall lapse under subsection 51(32) of the Planning Act, R.S.O. 1990, as amended. If the Owner wishes to request and extension to DEVELOPMENT SERVICES June 6, 2012 Report No. DS2012 -034 Page 13 of 14 Page 79 of 277 10e) - Report No. DS2012 -34, Andria Leigh, Director Developm... draft approval. A written explanation, must be received by the Township of Oro - Medonte Prior to the lapsing date. Please note that an updated review of the plan, and revisions to the conditions of approval, may be necessary if an extension is to be granted. 12. When the Zoning By -law is being prepared, reference to this subdivision application OM -file number should be included in the explanatory note. This will expedite the Township's and other agencies' consideration of the by -law. Please be advised that the approval of this draft plan will lapse on December 16, 2012. This approval may be extended pursuant to subsection 51(33) of the Planning Act, but no extension can be granted once the approval has lapsed. If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval will lapse under Section 51(32) of the Planning Act, R.S.O. 1990. If the owner wishes to request an extension to draft approval, a written explanation, must be received by the Township of Oro - Medonte sixty (60) days prior to the lapsing date. Subject to the conditions set forth above, this Draft Plan is approved under Section 51 of the Planning Act R.S.O. 1990, Chapter13, as amended. This day of 12012 Director of Development Services, Township of Oro - Medonte DEVELOPMENT SERVICES Report No. DS2012 -034 June 6, 2012 Page 14 of 14 Page 80 of 277 1 Of) - Report RC2012 -13, Shawn Binns, Director of Recreation... REPORT' Fraud Heritage, Exciting future Report No. RC2012 -13 To: Council Prepared By: Shawn Binns Meeting Date: June 6, 2012 Subject: Craighurst Community Hall — Update Motion # Roll #: R.M.S. File #: RECOMMENDATION(S): Requires Action For Information Only It is recommended that: 1. Report No. RC2012 -13 be received and adopted 2. That an upwards funding requirement of $12,000 to dismantle and dispose of the facility be approved and financed through the budget stabilization reserve. 3. That staff conduct a community information session in Craighurst to present the findings of the report, the lack of feasible options to maintain the building and the requirement to address the current state of the facility while obtaining community input on ways to recognize the history of the hall. 4. And That the Recreation Technical Support Group develops a broad community consultation program to obtain input on advancing the recommendations emanating the Strategic Facility Plan for Council's consideration. BACKGROUND: At its meeting of February 22, 2012 Council received a structural assessment report from Steenhof Building Services Group pertaining to the Craighurst Community Hall. The report was requested after noticeable bulges in the south exterior wall and a preliminary investigation by the Township's Building Staff. The report identified two problem areas: 1) A high level of heat and moisture escaping through the exterior wall assembly and damaging the mechanical connection of the cement stucco assembly 2) Damage to building foundation is causing the south exterior load bearing wall to become separated from the floor and foundation giving rise to the potential of a structural failure.' Due to the conditions noted above and the lack of intermediate wall connections other than the end exterior walls, the structural integrity of the building has become compromised. As such, a recommendation was provided in the structural assessment to 1 Structural Assessment Report — Craighurst Community Hall (Steenhof, February 21, 2012) Recreation and Community Services June 6, 2012 Report No. RC2012 -13 Page 1 of 6 Page 81 of 277 1 Of) - Report RC2012 -13, Shawn Binns, Director of Recreation... "immediately close the structure and that the site be posted with the immediate area around the building taped off to restrict access ". It should be noted that the recommendation above was provided to staff verbally following the inspection on February 17, 2012. Upon receiving this information, the facility was immediately fenced and signed to restrict access to the hall. All user groups and key stakeholders were provided verbal notification. At the Council meeting of March 7, 2012, memorandum correspondence was received outlining the estimated costs to install temporary shoring and complete a more detailed investigation of the facility. The costs of the shoring are estimated to be between $5,000 - $7,000 and the assessment and report an additional $2,500. Council directed staff to obtain community input and report back to Council. A community information meeting was held on Thursday March 15, 2012 at Abbott's of Craighurst with approximately 25 people in attendance. The purpose of the meeting was threefold: 1) To provide current information on the issues associated with the Craighurst Hall and the associated constraints and considerations; 2) To review and discuss considerations with long term planning i.e. the Strategic Facility Plan; 3) To obtain input from the community on a recommended approach. The community raised a number of questions /considerations with respect to: • The feasibility of conducting a detailed inspection i.e. "would we be putting good money to waste on a building which is not feasible to repair ?" • "if the hall was to be torn down, what is the plan to replace it "? • The history of the facility • Removing possessions from the facility • A desire to work in partnership with the Township Report RC2012 -05 was prepared and presented to Council at its meeting of March 28, 2012. Two options were presented to Council: to tear down the building at a cost of approximately $12,000 or to conduct a detailed inspection to acquire additional information to assess the feasibility of undertaking remedial actions at a cost of $7500- $9,500. Staff and the consulting engineer believed that the cobble stone foundation is deteriorating and the freeze -thaw experienced this winter has accelerated the deterioration of the foundation. Furthermore, the evidence of moisture in the exterior walls and age of the building pose a concern that the nails may be rusting out causing the connections to separate. In this scenario the costs would be prohibitive to undertake remedial action considering the site constraints and recommendations emanating from the Strategic Facility Plan. Recreation and Community Services June 6, 2012 Report No. RC2012 -13 Page 2 of 6 Page 82 of 277 1 Of) - Report RC2012 -13, Shawn Binns, Director of Recreation... The Craighurst Community Hall is 135 years old (constructed in 1877). While trends indicate a need for modern facilities which support a wide array of activities2 and use of the facility has declined in recent years, the hall is an important part of the community. Emanating from the community information meeting was consensus to pursue the detailed inspection. The community proposed a cost share arrangement (50/50) to complete the shoring and inspection. Given the age and history associated with the building and the input and partnership proposal emanating from the community, it was recommended that Council consider undertaking the detailed inspection to further assess the condition of the facility. Council directed staff to pursue the detailed inspection and to report back to Council. ANALYSIS: The shoring and detailed assessment has been conducted and received by staff on May 15, 2012 at a cost of $5,500 (split between Township and Hall Board) and is attached as Appendix 1. The report identified several major structural issues and areas of concern: 1) The joists have been notched and lack proper connections compromising structural stability; 2) The perimeter foundation timber beams rest directly on the rubble stone foundation without a vapour barrier. In some locations timber rot exceeds 50% of the timber depth however, the extent of the rot was difficult to ascertain. The perimeter beam has rotated outward which has caused the noticeable "bulges "; 3) The lack of a moisture barrier and penetrations and breaks in the exterior finish are permitting moisture to enter the crawlspace and exterior walls; 4) The main floor edge wall is laterally unstable and if bracing was removed there is a potential that the hall will collapse. 2 Strategic Facility Plan Recreation and Community Services June 6, 2012 Report No. RC2012 -13 Page 3 of 6 Page 83 of 277 1 Of) - Report RC2012 -13, Shawn Binns, Director of Recreation... Steenhof Building Services provide the following recommendations: Recommendations: In our opinion we would not recommend any major expenditure on this facility for the following reasons; Overall site area is limited. There is no sewage disposal system on site nor does there appear to be adequate area to install a septic system. This assembly facility is required to have more than one washroom fixture and is required to have facilities for both sexes complete with accessibility compliancy. ® It is our understanding that the building is located within the road right of way. (Minimal setback) • The exterior rain- screen assembly tired and worn, The stucco wall finish is covering a multitude of problems, There is rot in the walls and studs. • The building has no insulation and vapour barrier on the exterior walls, floor and or crawl space. • The metal roof in very poor condition and appears to have been repaired in the past. • Compliance with the accessibility requirements for assembly occupancy would be near impossible. The report has also provided anticipated expenses of $35,700 to temporarily address (2 -5 years) the structural deficiencies. This solely addresses concerns presently visible and it is highly probable that additional issues will surface should remedial work take place. The structural report was shared with several interested residents and stakeholders from the Craighurst community at a meeting held on May 31, 2012 to discuss the findings and possible solutions. The following was brought up as possible options: 1) Repair the building to buy 2 -5 years at a cost of $35, 700 until a long term solution can be established. 2) Donate the building to the community to operate. 3) Seek grant funding to address the building deficiencies. 4) Acquire additional land and reconstruct the facility. Considerations: The building currently receives little community use - This lack of demand is likely attributable to the physical appeal of the building (i.e. lack of water and sanitary services) and the size which limits potential use. The building encroaches on adjacent properties and lacks parking facilities. Financial feasibility — Investing $35, 700 would not be financially prudent. This can be likened to an old car. Should you invest in replacing the transmission if you know that the motor will require replacement? Recreation and Community Services Report No. RC2012 -13 June 6, 2012 Page 4of6 Page 84 of 277 1 Of) - Report RC2012 -13, Shawn Binns, Director of Recreation... Future focused — If you were to replace the vehicle would you invest in the same vehicle or would you invest in one that will meet your future needs? i.e. if you knew a family was on the horizon it would be prudent to plan for a minivan. The strategic facility plan completed and received by Council in 2010 to be used as a guiding framework for future decisions relating to recreation services involved significant research and community input. The plan identifies a recommendation to develop a 3,000- 5,000ft2 community centre along the Horseshoe Valley corridor. With the recent closure of a number of community facilities (Warminster, Indian Park, loss of Ian Beard Room) and now the potential closure of the Craighurst Community Hall. Should a replacement facility be contemplated, it should follow the recommendation presented in the plan. Furthermore, it should be aligned with the planning and provision principles contained in the plan: • To locate facilities for prominence and visibility • To cluster facilities with community parkland outdoor facilities • To ensure physical accessibility • To foster community partnerships • To locate Township /Community facilities in areas which will serve the greatest number of people • Be fiscally responsible • To consider active transportation linkages reducing the dependency on driving Seeking grants — The possibility of accessing grants to repair /replace the building would be extremely low due to the financial feasibility of the investment required and the current condition of the hall. Furthermore there are few opportunities to fund "new construction" and "bricks and mortar projects ". Turning the building over to the community- This would enable the community to complete the work, potentially at a lower cost through using volunteers etc. However, even under private ownership the building would need to conform to the OBC. The risks and liability would be transferred to the community leaving significant exposure for a community organization. All of the other considerations noted above would continue to apply. The current shoring and fencing is being rented a cost of approximately $750 month. Maintaining the shoring and fencing will result in additional expenses being incurred. Furthermore the current condition of the hall and its location on Penetanguishene Road present aesthetic concerns. FINANCIAL / LEGAL IMPLICATIONS / RISK MANAGEMENT: Estimated cost of $12,000 to dismantle the Craighurst Community Hall and dispose of building material. POLICIES /LEGISLATION: Strategic Facility Plan Recreation and Community Services June 6, 2012 Report No. RC2012 -13 Page 5 of 6 Page 85 of 277 1 Of) - Report RC2012 -13, Shawn Binns, Director of Recreation... CORPORATE STRATEGIC GOALS: Financial Stewardship Quality of Life Sustainability CONSULTATIONS: Director, Finance/Treasurer Recreation Technical Support Group Craighurst Community ATTACHMENTS: Craighurst Community Hall — Structural Investigation and Report CONCLUSION: Based on the review of the structural assessment conducted by the Steenhof Building Services Group, the physical constraints of facility encroachments on adjacent properties, physical land constraints, the lack of water and sanitary services, the financial feasibility of repairs, and the lack of other viable options staff are recommending the closure and demolition of the hall. A long term solution cannot be addressed at a neighbourhood level but requires a broader community consultation and future focused solution. As such staff is recommending community consultation on advancing the recommendations emanating from the Strategic Facility Plan. Respectfully submitted: T Cf !77� Shawn Binns Director, Recreation and Community Services SMT Approval / Comments: I C.A.O. Approval / Comments: Recreation and Community Services Report No. RC2012 -13 June 6, 2012 Page 6 of 6 Page 86 of 277 1 Of) - Report RC2012 -13, Shawn Binns, Director of Recreation... STEENHOF BUILOwI; SERVICES GROUP File: S -12027 Tuesday, May 15, 2012 Township of Oro Medonte 148 Line 7 South Oro, ON LOL 2X0 Attention: Shawn Binns, Director of Parks & Community Services Dear: Shawn Re Craighurst Community Hall — Structural Investigation and Report Background: On February 17th, 2012 a letter deeming the Craighurst Community Flail as unsafe for occupancy was issued by our office. Included in the letter were instructions to close the hall and install temporary shoring to stabilize and protect the structure. On April 15, 2012 the structure was temporarily shored as directed (Refer to Photo #1 and #2), permitting safe passage into the structure to allow further investigations. The above noted letter was issued as there was a structural failure of the south exterior wall and supporting foundation as shown in the aerial photo in Figure 1 below; Figure 1: Aerial View of Craighurst Community Ball 100 HUNTER VALLEY ROAD, ORILLIA, ON L3V 6H2 WWW.STEENHOMILDING.COM P. 705.325.5400 F. 705.325.6400 PAGE 1 OF 6 Page 87 of 277 1 Of) - Report RC2012 -13, Shawn Binns, Director of Recreation... STEENHOF BUILDING SERVICES GROUP Mr. Shawn Binns, Director of Parks & Community Services, retained Steenhof Building Services Group to complete a structural investigation to determine the following; • Extent of the structural failure • Cause of the failure • Recommendations to move forward Outlined below are the details of findings of our structural investigation. Observations: The Craighurst Community Hall is approximately 135 years old and was constructed in 1877. The building is of wood frame construction supported on timber perimeter grade /foundation beams. The hall is 26' wide by 52' long with a small addition on the road side of 18' x 8'. The timber perimeter beams are founded on stone rubble foundation walls. There is also a central floor support wood beam. Plan SK -1, shows an overall schematic floor plan for the hall based on field measurements. Plan SK -2 provides a sectional view. On May 9', 10" and 11t ", Mr. Jack Steenhof M.A.Sc., P.Eng and Mr. Jerry Slavish of Steenhof Building Services Group completed an investigation of the foundation and floor framing systems. In order to conduct the inspection, an access hole was cut into the existing floor assembly as shown on the attached floor sketch. (Sk -1) The access point was located adjacent to the rear exit door as shown in Photo #3. installation at time of inspection. Photo 2: View of the interior temporary sharing posts. 100 HUNTER VALLEY ROAD, ORILLIA, ON L3V 6H2 WWW.STEENHOFBUILDING.COM P. 705.325.5400 F. 705.325.8400 PAGE 2 OF 8 Page 88 of 277 1 Of) - Report RC2012 -13, Shawn Binns, Director of Recreation... STEENHOF BUILDING SERVICES GROUP ,1 Photo 3: View of unwl space access opening being installed adjacent to the rear entrance door. During the course of the investigation the following observations where made. 1. The Y.." plank hard wood floor is installed over a 1" plank sub -floor atop a full dimensional 2 "x10" deep joist. Although not confirmed, the floor joists appear to be fir and are spaced at 36" centers. (See Photo #4). 2. It was noted that the outside end of each of the joists has been notched on the bottom (5" to 5 1/2" deep) permitting the joists to be pocketed into the perimeter and center timber beam. (See Photo #5). This notching has unfortunately compromised the capacity of the joist member (bending member) to support loads over a span from the outside foundation to the centre line support (clear span of the joists is 12'- 6 " + / -) and has resulted in joist being split at approximately their centre depth. There does not appear to be any mechanical type connection of the joists to the perimeter or centre beam. It was also noted that previous work in the hall included "sintering" some of the joists and propping the joists with 2" stub columns and in some areas concrete dry stacked concrete blocks reducing the clear span of the joists. (See image #6 and #7). 3. The perimeter foundation timber beam is 10 "x10". The timber beam Is bearing directly on a stone rubble foundation. No moisture barrier appears to be installed between the timber and the stone. At a number of locations, dry rot was evidenced in the perimeter 10 "x10" timber at its underside. (See image #8). In some cased the rot is very minimal 5 to 10% however in other location the rot exceeds 50% of the member depth furthermore the extent of rot is difficult to ascertain as the rot is also occurring within the centre to the timbers and at the outside face. It was also recorded that the perimeter beam appears to be rotating outward on the rubble foundation wall as shown in Photo #9 below. 100 HUNTER VALLEY ROAD, ORILLIA, ON L3V 6H2 WYVW.STEENHOFBUILDING.COM P. 706.325.5400 F. 705.325.8400 PAGE 3 OF 8 Page 89 of 277 1 Of) - Report RC2012 -13, Shawn Binns, Director of Recreation... STEENHOF BUILDING SERVICES GROUP rnoro olv v'ew o7 n noraw000 pmsnea poor on s" plank sub Photo 115: View of typical 5 "x5" notch at the bearing end of the fiaor deck. Joists below are full 2"x10" members spaced at floor joist. The crack Is a result of the comoromised section to rnoro ob. view of ougmai Joist toot nos been °sistered" with Photo 117: View of numerous dry stocked and wood an additional joists and dry stocked block has been installed to intermediate supports of joist members. Photo 118: View of deterioroted and rot at the underside of the timber beam. There appears to be no moisture barrier between the timber perimeter beam and the stone rubble foundation. Photo 119: View of the perimeter timber beam which appears to be rotated outward resting on the rubble foundation. 100 HUNTER VALLEY ROAD, ORILLIA, ON L3V 61-12 WWW.STEENHOFBUILDING.COM P. 705.325.5400 R 705.325.8400 PAGE 4 OF 8 Page 90 of 277 1 Of) - Report RC2012 -13, Shawn Binns, Director of Recreation... STEENHOF BUILDING SERVICES GROUP 4. The centre timber beam appears to be a hand hewed timber log ( +/- 12 "wide by 10" deep) with notched joist bearing pockets (see Photo #10). The center beam has been supported at numerous locations on rumble and stone pieces. (See Photo #11). In some cases the extent of bearing for the beam is marginal. 5. The rubble perimeter foundation wall in general has numerous openings which has permitted moisture to enter the crawl space area. (See Photo #12). It was noted that the ground moisture of the dirt crawl space floor was considerably higher at the perimeter foundation than at the centre line of the building space. 6. It was noted that the crawl space is un- conditioned, un- insulated and has no moisture barrier ground cover to limit moisture from the dirt into the crawl space cavity. Photo #10: View of center hand hewed timber beam with notched bearing pockets to receive notched floor joists. Not some rot at the bottom of the timber beam Photo #11: View of numerous openings in the exterior perimeter rubble foundation allowing moisture to access the crawl space area. marginally bearing on a rounded boulder. 100 HUNTER VALLEY ROAD, ORILLIA, ON L3V 6H2 WWW.STEENHOFBUILDI(VG.COM P. 705.325.5400 F. 705.325.8400 PAGE 5 O 8 Page 91 of 277 1 Of) - Report RC2012 -13, Shawn Binns, Director of Recreation... STEENHOF BUILDING SERVICES GROUP Specific Findings and Discussions: The exterior south wall have moved laterally at the based in the order of 3 Y2," and downward in the order of 1 %". It appears the supporting perimeter edge beam (supporting both the floor and the exterior wall) has deteriorated on the underside at the bearing locations. The rotted and deteriorated timber material is unable to sustain any load which has resulted in the timber beam to shift downward and rotate to solid material. The rotation and downward movement of the beam has translated into the instability of the exterior wall as the bottom of the wall has moved outward and downward, The main floor edge wall is la_ terally unstable and if the temporary bracing would be removed it would be possible for a collapse of the hall as there are relatively few interior walls. The deterioration of the edge supporting beam can be attributed to moisture in the outside air condensing out on the beam edges when dew point temperatures are reached on the beam surface. It was observed that there are significant locations between the perimeter rubble foundation and the beam where air movement is possible between the crawlspace and exterior. Humid air passage can have moisture deposition on the beam when dew point temperatures are reached. (Much like a cold soda which become wet on the exterior during a hot humid summer day) it was also observed that it is possible for wind driven rain to enter into the exterior wall framing and cavities and window locations which are not sealed. water entering into the wall cavity has drained to the bottom plate and onto the edge beam. At the location of the collapse some of the wall studs and sheathing has rotted. (it is likely that as the exterior wall has moved it has caused a failure of the exterior building envelope seal and caulk lines accelerating the deterioration process.) 100 HUNTER VALLEY ROAD, ORILLIA, ON L3V 6H2 WWW.STEENHOFBUILD!NG.COM P. 705.325.5400 F 705.325.8400 PAGE 6 OF 8 Page 92 of 277 1 Of) - Report RC2012 -13, Shawn Binns, Director of Recreation... STEENHOF BUILDING SERVICES GROUP Recommendations: In our opinion we would not recommend any major expenditure on this facility for the following reasons; • Overall site area is limited. • There is no sewage disposal system on site nor does there appear to be adequate area to install a septic system. This assembly facility is required to have more than one washroom fixture and is required to have facilities for both sexes complete with accessibility compliancy. • It is our understanding that the building is located within the road right of way. (Minimal setback) • The exterior rain - screen assembly tired and worn. The stucco wall finish is covering a multitude of problems. There is rot in the walls and studs. • The building has no insulation and vapour barrier on the exterior walls, floor and or crawl space. • The metal roof in very poor condition and appears to have been repaired in the past. • Compliance with the accessibility requirements for assembly occupancy would be near impossible. To make the hall structurally safe for an interim period (2 -5 years) would require the following; 1. Stabilization of the edge beam. This would Involve removal of the lower wall stucco finishes and exterior wall planks on the wail to expose the wall framing, Replace any rotted stud material and making good prior to doing any work on the edge beam. 2. The exterior wall would need to be jack back into position and supported temporarily. 3. Temporary shoring of the perimeter beam for the replacement of significantly deteriorated perimeter edge beam. This will also involve the temporary shoring of the joist assemblies to minimize any further damage to the joists while the structure is raised. 4, with the load off of the edge beam, the edge beam would need to be repaired or replaced and blocked level and secured to each joist. Possibly the joists would be cut back and a multi -ply edge beam of pressure treated wood material used. The joists could be hung with joist hangers off of the new beam. 100 HUNTER VALLEY ROAD, ORILLIA, ON L3V 6H2 WWW.STEENHCFBUILDING.COM P. 705.325.5400 F. 705.325.8400 PAGE 7 OF 8 Page 93 of 277 1 Of) - Report RC2012 -13, Shawn Binns, Director of Recreation... STEENHOF BUILDING SERVICES GROUP We have assembled below a preliminary construction budget to execute the interim structural remediation. It is noted that the costs below are preliminary and would be subject to detailed engineering drawings and additional finding during the execution of the work, As such this is an estimate only and a considerable contingency must be considered. Remedial Structural Repair Budget: 1. Shoring & Raising of structures $7,500 2. Removal and replacement of exterior stucco finishes to access wall framing $3,500 3, wall framing repairs $3,000 4. Replacement of rotted portions of the perimeter beam $7,000 5. Repairs to any floor joists at the south side of the affected areas $2,500 Sub -Total $23,500 6. Construction Contingency (20 %) $4,700 7. Engineering & Inspection Soft Costs $7,500 TOTAL ESTIMATED INTERIM REPAIR COSTS (Exclusive of Taxes) $35,700 Should you have any questions feel free to contact the undersigned. /AO'ESS /oiyA�� J.A TEERH F 9 44217503 o9oh�y i7 -f �. CE OF O Jack Steenhof, M.A.Sc., P.Eng. Attachments: SK -1 Floor Plan SK -2 Section 100 HUNTER VALLEY ROAD, ORILLIA, ON L3V BH2 WWW.STEENHOFBUILDING.COM P. 705.325.5400 F. 705.325.8400 PAGE 8 OF 8 Page 94 of 277 1 Of) - Report RC2012 -13, Shawn Binns, Director of Recreation... 4'-0° GENERALLYALL FLOORJOISTS INTHIS AREA HAVE BEEN DAMAGED AND OR REPAIRED DUE TO DAMAGE " ADDITIONALJOIST SUPPORTS APPFARS TO HAVE BEEN INSTALLED THROUGHOUT THE BUILDING I E 9 A i 4 0 0 18'-0" 4'�O" �/ FLOOR JOISTS @ 36° 0/C 1 01 IOXIO PERIMETER TIMBER SI BEAM IS ROTATED OUTWARD IN THI AREA 2 w O U W� 3 � ITEMPORARYSHORED 0 v WALL w � ti u� 10X10 PERIMETER TIMBER SILL BEAM AT THIS LOCATION 15 ROTTED +/- 40% LOCATION OF ACCESS HATCH CUT INTO EXISTING FLOOR i EXISTING EXTERIOR WALL HAS MOVED OUTWARD +A 3 "ATSASE OF WALL. FLOOR J01575 � 3b" 0/C 0 'h1 b 0 Q 0 w nI _ A v M `4 Of GROUND FLOOR PLAN �, 26=0• (, 1 Scale: 118 ° =1' -0" Project.., Craighurst Community Hall Drawing No.: SK-1 S ■ �r Ho1 Address: P.-t.W. M., Rd., Om M.4_tr STEENHOF Building Services Group Drawing Title: 100 Hunter Valley Road, Orillia' ON L3V6H2 Floor Plan Revision: Project Na 1 Tel: 705- 325 -5400 Fax: 705 -325 -8400 1 r� O r Drown By: JS Sco /e: 1/8 ° =1 Tare, Dote: MAY 2012 Website. www.steenhoUildiN.com L L Page 95 of 277 1 Of) - Report RC2012 -13, Shawn Binns, Director of Recreation... T/0 WALL PLATE 10' -0" _ EXTERIOR WALL AT REAR EXIT DOOR HAS MOVED OUTWARD 3' -/- 0 FIN. GROUND FLOOR 0" -c— TyP.SPUT LOCATION IN FLOOR JOISTS PERIMETER BEAM HAS ROTATED OUTWARD. VARIOUS TYPES OF INTERMEDIATE SHORING SUPPORTS FOR EXISTING JOISTS THROUGHOUT ENTIRE CRA WLSPACE. Section A -A Project.: Drawing No.: Craighurst Community Hall .: STEENHOF Address: SK-2 P— t...—Rd., Oro -M"do to STEENHOF Building Services Group Drawing Title: 100 Hunker Valley Road, Orillia, ON Revision; Project No.: L3V 6H2 Section Tel: 705- 325 -5400 Fax: 705- 325.8400 S-12027 Website:www.steenhofbuNding.com Drawn By. Scale; Dote: JS 3/16" =1' -0" MAY 1012 Page 96 of 277 10g) - Report No. CS2012 -20, Doug Irwin, Director of Corpora... ownship o f REPORT -r , Proud Heritage, Exciting Future Report No. CS 2012 -020 To: Council Prepared By: Doug Irwin Meeting Date: June 6, 2012 Subject: Sale and Other Disposition of Land Policy Motion # Roll #: R.M.S. File #: RECOMMENDATION(S): Requires Action XX For Information Only It is recommended: 1. That Report No. CS 2012 -020 be received and adopted. 2. And that the Clerk bring forward Draft By -law No. 2012 -112, Being a By -law to Establish a Policy with respect to the Sale and Other Disposition of Land for Council's consideration. BACKGROUND: The Municipal Act, 2001, came into force on January 1, 2003. Section 268 of the Act required that every municipality with the authority to sell land shall pass a by -law establishing procedures, including the giving of notice to the public, governing the sale of land. Accordingly, the Township enacted By -law No. 2003 -125, being a by -law to establish a procedure governing the sale of land, on the 26th day of November, 2003. On June 15, 2006, the Province introduced Bill 130, Municipal Statute Law Amendment Act, 2006. Bill 130 received Royal Assent on December 20, 2006, and, with the exception of a few sections, came into force on January 1, 2007. The sections of Bill 130 which did not come into force on January 1, 2007, were proclaimed to come into force on January 1, 2008. When Bill 130 came into force, it repealed Section 268 of the Municipal Act, 2001. In its place Section 270 of the Municipal Act, 2001, requires that a municipality shall adopt and maintain policies with respect to various matters, including its sale and other disposition of land. Corporate Services June 6, 2012 Report No. CS2012 -020 Page 1 of 10 Page 97 of 277 10g) - Report No. CS2012 -20, Doug Irwin, Director of Corpora... To ensure compliance with the legislation, the Clerk brought forward an updated by -law to establish a policy /procedure with respect to the sale and other disposition of land, being By -law No. 2007 -083, which also repealed By -law No. 2003 -125. By -law No. 2007 -083 was adopted on the 18th day of July 2007, and has been amended a number of times since its adoption. ANALYSIS: As a component of the ongoing review of operating processes within the Corporate Services' department, staff undertook a review of the existing sale and other disposition of land by -law to ensure that it was meeting the Township's requirements and current practices. The review of the existing by -law and the policies of other municipalities identified that the Township's existing by -law was outdated. Section 8 of the Municipal Act, 2001, provides that the powers of a municipality shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues. Section 9 of the Municipal Act, 2001, provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority. With these sections and Section 270 of the Act in mind, staff have drafted an updated sale and other disposition of land policy by -law. The updated policy by -law focuses on the: • application of the policy; • the manner in which Council shall receive a report on potential land sales and the required actions; • how land will be valued and what classes of land are exempt from valuation; • how and when notice will be provided; • the methods of sale which may be utilized; and • other general provisions. Corporate Services June 6, 2012 Report No. CS2012 -020 Page 2 of 10 Page 98 of 277 10g) - Report No. CS2012 -20, Doug Irwin, Director of Corpora... The updated policy by -law also includes information that has been the Township's practice, but was not articulated in the existing by -law. This information includes: • the Senior Management Team being given the opportunity to provide comment on any potential sale of land; • obtaining a reference plan, if deemed necessary; • a minimum number of days that the notice will be published before consideration of the by -law to authorize the proposed sale; • the requirement of a deposit, when the deposit shall be required, and how it will be utilized; • how any excess funds from the deposit shall be handled; • what will occur in the event that the deposit is not sufficient to cover the costs; • when the Township proceeds with a direct sale to an abutting landowner, the landowner will be require to consolidate the lands with their existing parcel. The updated policy by -law provides greater flexibility for the Township to govern its affairs by: • providing various methods to value land; and • providing various methods to sell land. The updated policy by -law ensures that the Township is meeting its legislated requirements, while articulating the various components associated with the sale of land, and providing various options in how the Township disposes of land. FINANCIAL / LEGAL IMPLICATIONS / RISK MANAGEMENT: • Not applicable POLICIES /LEGISLATION: Municipal Act, 2001, S.O. 2001, as amended Corporate Services Report No. CS2012 -020 June 6, 2012 Page 3 of 10 Page 99 of 277 10g) - Report No. CS2012 -20, Doug Irwin, Director of Corpora... CORPORATE STRATEGIC GOALS: Service Excellence o Assess each department's delivery of services and identify any requirements for improvements Financial Stewardship o Review revenue generation and cost recovery options for each department CONSULTATIONS: • Senior Management Team • Deputy Clerk • Township Solicitor • Other Municipalities ATTACHMENTS: • Draft By -law No. 2012 -112, Being a By -law to Establish a Policy with respect to the Sale and Other Disposition of Land. CONCLUSION: The updated policy by -law is structured in a manner that enables the Township to meet its legislated requirements, provides various options in how the Township disposes of land, and reflects the Township's on -going practices. Respectfully submitted: Dougl I in Director Ct rporate ServiceslCler1k SMT Approval / Comments: C.A.O. Approval / Comments: Corporate Services Report No. CS2012 -020 June 6, 2012 Page 4 of 10 Page 100 of 277 10g) - Report No. CS2012 -20, Doug Irwin, Director of Corpora... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY-LAW NO. 2012 -112 Being a By -law to Establish a Policy with respect to the Sale and Other Disposition of Land and to Repeal By -law Nos. 2007 -083, 2007404 and 2009 -119 WHEREAS Section 270 of the Municipal Act 2001, S.O. 2001, c. 25, as amended, provides that a municipality shall adopt and maintain policies with respect to its sale and other disposition of land; AND WHEREAS Section 224 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that it is the role of council to develop and evaluate the policies of the municipality; AND WHEREAS Section 227 of the Municipal Acf, 2001. S,O. 2001, c. 25, as amended, provides that it is the role of the officers antl employees of the municipality to implement council's decisions and establish administrative practices and procedures to carry out council's decisions; AND WHEREAS the Corporation of the Township of Oro - Medonte did, on the 18th day of July, 2007 enact By -Law Number 2007 -083 to establish a policy /procedure with respect to the sale and other disposition of land and did, on the 261h day of September, 2007 enact By -Law Number 2007 -104 to amend this policy /procedure, and did on the gtt' day of September, 2009 enact By-Law-No. 2009-11 9 to amend this policy /procedure; AND WHEREAS, Council of The Corporation of the Township of Oro - Medonte deems it expedient to update the policy with respect to the sale and other disposition of land; NOW THEREFORE the Council of The Corporation of the Township of Oro - Medonte hereby enacts as follows:.. 1. Definitions a) "Act" means the Municipal Act 2001, S.O. 2001, as amended; b) "Appraisal" means a written opinion /letter of opinion of the fair market value of the land prepared by an individual with training and experience in valuing real property, including a registered member of the Appraisal Institute of Canada and /or a licensed real estate agent or brokerage firm; c) "Clerk" means the birector Corporate Services /Clerk of the Township, or his /her designate; d) "Council" means the Council of The Corporation of the Township of Oro - Medonte; e) "Local Board" means a local board as defined in the Municipal Act, 2001, S.O. 2001, as amended; f) "Newspaper" means a document that is printed in sheet form, published at regular intervals of a week or less and circulated to the general pubic, and consists primarily of news of current events of general interest; g) "Publish" means published in a newspaper that, in the opinion of the Clerk, has such circulation within the Township of Oro - Medonte as to provide reasonable notice to those affected by, or interested in the land sale and /or posting of a notice on the Township of Oro- Medonte's website; Page 1 of 6 Corporate Services Report No. CS2012 -020 June 6, 2012 Page 5 of 10 Page 101 of 277 10g) - Report No. CS2012 -20, Doug Irwin, Director of Corpora... h) "Reference Plan" means a plan that is prepared by an Ontario Land Surveyor which pictorially details the dimensions of a parcel of land and which provides a legal description for registration purposes. i) "Sale" means the sale of or other disposal of land, and includes a lease of 21 years or longer; j) "Senior Management Team" means the Township of Oro - Medonte staff holding the following positions: Chief Administrative Officer, Director Finance /Treasurer /Deputy CAO, Director Corporate Services/Clerk, Director Transportation & Environmental Services, Director Development Services, Director Recreation & Community Services, Director Fire & Emergency Services/Fire Chief, Director Corporate & Strategic Initiatives, and Manger Health & Safety, Human Resources; k) "Surplus Land" means any land of the Township of Oro - Medonte declared surplus under this by -law; and 1) "Township" means The Corporation of the Township of Oro- Medonte. 2. Application of Policy a) This policy shall apply to all classes'of land owned by the Township, save and except, I. Land sold under Section 110 of the Municipal Act, 2009, S_O. 2009, as amended (municipal capital facilities); ii. Land to be used for the establishment arid carrying on of industries and industrial operations and incidental uses:, 1 e iii. Land sold under Part XI of the Municipal Ad, 2001, S.O. 2009, as amended (sale of land for tax arrears); iv. Easements over municipally owned lands, as approved by Council; r,. v. Lease of municipally owned property for a period of less than 21 years, as approved by Council, wherein the municipality retains ownership of the lands; vi. Encroachment Agreements, as approved by Council, wherein the Township grants permission for an encroachment to be located on municipally owned lands. 3. Sale or Other Disoosition of Land a) The Senior Management Team shall be given the opportunity to provide comments with respect to any potential sale of land. b) A Confidential Report shall be prepared for Council, to be considered in closed session, pursuant to Section 239 of the Municipal Act, 2009, S.O. 2001, as amended, providing all pertinent information, including Senior Management Team comments, with respect to a potential sale of land. c) Prior to the sale of land, Council shall, by resolution, declare the subject lands to be surplus to the needs of the municipality. d) A valuation of the land to be disposed of shall be obtained, except for those classes of land owned by the Township which are exempt pursuant to this policy. e) If deemed necessary, a reference plan of the land proposed to be disposed of shall be obtained from a Registered Ontario Land Surveyor. Corporate Services Report No. CS2012 -020 Page 2 of 6 June 6, 2012 Page 6 of 10 Page 102 of 277 10g) - Report No. CS2012 -20, Doug Irwin, Director of Corpora... 4. Valuation a) Where land needs to be valued, it will be valued by a method determined by the Clerk and approved by Council, including, but not limited to: i. An appraisal by a registered member of the Appraisal Institute of Canada; ii. An opinion of value prepared by a licensed real estate agent or real estate brokerage firm; iii. The value assigned by the Municipal Property Assessment Corporation; iv. A value established at a per square foot basis; or v. Such other means as may be specifically determined as appropriate by Council in the circumstances. b) Council shall have the absolute discretion to determine the sale price of the land. 6. Class of Land Exempt from Valuation a) Notwithstanding Section 4 above, the Township shall not be required to obtain an appraisal or opinion of value, unless Council deems it desirable, for any class of land as follows: i. Land 0.3 metres or less in width acquired in connection with an approval or decision under the Planning Act, R.SO. 1990 as amended; ii. Closed highways if sold to an owner of land abutting the closed highways; iii. Land formerly used for railway Tines if�sold to an owner of land abutting the former railway land; iv. Land that d'oe's not have direct access to a highway if sold to the owner of v,-,- 'Land repurchased by an owner,i;in accordance with Section 42 of the Expropda6on"s Act R.S.O. 1990, as amended; vi. Land,rsold under Sections 107 and 108 of the Municipal Act, 2001, S,O. 2009, as amended; vii. Land sold to a municipality; a local board, including a school board and conservation authority; The Crown in right of Ontario or Canada, and their agencies; and "" viii. Parcels of land being exchanged with a landowner as part of a procedure that requires the acquisition of that owner's lands for municipal purposes. 6. Notice a) The Clerk shall publish a notice of the intended sale of the land, a minimum of ten (10) days before consideration of the by -law to authorize the proposed sale. Such notice shall be placed at least once, in at least one (1) newspaper having local circulation in the Township, and may also be posted on the Township's website. b) The notice shall specify that any person who claims their land will be prejudicially affected by the proposed sale may comment on the proposed sale by delivering such comment in writing to the Clerk at the Township offices. c) The final date for submitting such comments shall be specified in the notice. Any comments received shall be considered by Council, which in its sole discretion shall decide if any further action shall be taken on same. Corporate Services Report No. CS2012 -020 Page 3 of 6 June 6, 2012 Page 7 of 10 Page 103 of 277 10g) - Report No. CS2012 -20, Doug Irwin, Director of Corpora... d) Notwithstanding Section 6a), the Township shall not be required to publish a notice of the intended sale of land, unless Council deems it desirable, for the following the following class of land: I. Land sold to a municipality; a local board, including a school board and conservation authority, The Crown in right of Ontario or Canada, and their agencies, and ii. Parcels of land being exchanged with a landowner as part of a procedure that requires the acquisition of that owner's lands for municipal purposes. 7. Methods of Sale a) The Township may utilize any of the following methods, as may be authorized by Council in its sole discretion, to effect the sale of land: I. Offering the land for sale by way of tender or proposal call; ii. Listing the land with a licensed real estate agent or brokerage firm; iii. Direct sale to an abutting landowner; iv. Direct sale to an individual or company; or v. Such other manner as Council de em s:acoropriate. b) Where Council chooses to proceed with a direct sale, the purchaser shall supply the requisite deposit, as outlined in the Township's Fees & Charges, upon Council's decision to declare, the lands to be surplus to the needs of the municipality. I. Such deposit shall be drawn on to cover the Township's costs with respect to a survey, appraisal, advertising and legal costs associated with the sale of the subject land. u. In the event that the costs are less than the requisite deposit, the benefitting landowner will be refunded any excess monies at the time of the transfer. iii. In the event thatithe costs exceed the requisite deposit, the benefitting landowner shall be charged the additional costs, and such costs shall be pavablerat the time of the transfer. iv. Where Council has chosen to proceed with a direct sale to an abutting landowner, the; purchaser shall be required to merge title to the transferred lands with the "'purchaser's property within the meaning of The Planning Act, R.S.O. 9990, as amended, and that as a condition of such sale, the purchaser is required, at his /her own expense to register an Application under The Land Tides Act, R.S.O. 1990, as amended, to consolidate title to the lands acquired with his/her parcel as one Property Identifier Number. c) Where Council chooses to proceed with listing the land with a licensed real estate agent or brokerage firm: i. All offers shall be submitted to the Clerk on the standard Ontario Real Estate Offer to Purchase forms and shall provide for an irrevocable period of at least fourteen (14) days; H. The Clerk shall be authorized to negotiate all offers within the parameters identified by Council; and iii. All final offers shall be submitted to Council for approval of the sale price and terms. Corporate Services Report No. CS2012 -020 Page 4 of 6 June 6, 2012 Page 8 of 10 Page 104 of 277 1Og) - Report No. CS2O12 -20, Doug Irwin, Director of Corpora... S. General Provisions a) The Clerk shall be authorized to carry out any actions and /or execute any required documents to give force and effect to Council's decision to utilize the chosen method of sale. b) Council shall have the absolute discretion to accept any proposal to purchase the land, to judge the acceptability of any terms or conditions placed therein and to judge the sufficiency or acceptability of any consideration proposed by any purchaser. c) Upon acceptance of any proposal, Council shall take such action as is required to finalize the sale, and the Clerk shall provide a Certificate of Compliance, in the form set out in Schedule "A' attached hereto and forming part of this By -law, to be included in the Transfer /Deed of Land verifying compliance with this By -law and which Certificate shall be deemed to be sufficient proof of such compliance. 9. Repeal a) That By -law Nos. 2007 -083, 2007 -104 and 266911'19 are hereby repealed in their entirety. 10. Enactment a) That this by -law shall come into force and take effect on the-date of its final passing. BY -LAW READ A FIRST, SECOND AND THIRD TIMES AND PASSED THIS 6T" DAY OF JUNE, 2092. THE Clerk, J. Douglas; Irwin Corporate Services Report No. CS2012 -020 Page 5 of 6 June 6, 2012 Page 9 of 10 Page 105 of 277 10g) - Report No. CS2012 -20, Doug Irwin, Director of Corpora... Schedule "A" to By -law No. 2012 -112 for The Corporation of the Township of Oro - Medonte CERTIFICATE OF COMPLIANCE THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2012 -112 Being a By -law to Establish a Policy with respect to the Sale and Other Disposition of Land I, Jr DOUGLAS IRWIN, Clerk of the Corporation of the'Tuwnship of Ora - Medonte, in the County of Simcoe, hereby certify that: 1. The requirements of Township of Oro4%edonte By-law:-No. 2012 -112 relating to the sale or other disposition of the following lands have been complied with: ( INSERT LEGAL DESCRIPM -N HERE) J. Dc The Corporate Services Report No. CS2012 -020 ( Date) Page 6 of 6 June 6, 2012 Page 10 of 10 Page 106 of 277 10h) - Report No. FD2012 -03, Hugh Murray, Acting Fire Chief ... '7�wirs/aiP f - &n tel REPORT 0 hrond Heritage, Exciting Future Report No. FD 2012 -03 To: Council Prepared By: Hugh Murray Meeting Date: June 6, 2012 Subject: Moonstone Communication Tower Motion # Roll #: R.M.S. File #: RECOMMENDATION(S): Requires Action❑X For Information Only It is recommended that: 1. Report No. FD 2012 -03 be received and adopted. 2. That the provisions of the Purchasing and Tendering By -Law be waived to allow the Township to have Point to Point Communications sole source the radio equipment. 3. That staff proceed with this project. BACKGROUND: The Moonstone Communication Tower project was originally identified in 2006 as part of the overall Fire Radio Communications Project. Our receiver station in the Moonstone area was located on a Ministry of Transportation (MTO) tower which was surplused and sold in 2010. With the tower being sold, our equipment had to be removed and, for a period of time, we operated without the receiver in place. This caused difficulty and became a potential Health and Safety issue as the portable radios were unable to reach our dispatch centre. To correct the situation, the equipment was located at the Moonstone Fire Hall with the antenna on the roof. While this has helped, it is still a concern as we still do not have full coverage for the area and have experienced a loss of signal on a regular basis as the antenna is not at a high enough elevation to maintain the link between the other towers. FIRE & EMERGENCY SERVICES June 6, 2012 Report No. FD 2012 -03 Page 1 of 3 Page 107 of 277 10h) - Report No. FD2012 -03, Hugh Murray, Acting Fire Chief ... ANALYSIS: The tower project was brought forward as a 2012 capital item and was approved by council. This project was originally estimated at $35,000.00. In working with our supplier, we have been able to reduce the cost of this project by taking on some of the preparation work ourselves. Accordingly, staff will make all of the arrangements for the preparation of the tower base construction which is estimated at $3,500.00. The cost of the tower will be $23,540.00 + applicable taxes which includes the cost of the new tower and installation, moving the existing equipment from the roof of the fire hall and installing it on the tower and setup of the radio equipment. This project is estimated to be completed for approximately $8,000.00 less than originally approved. The project will take approximately one month to complete once the process has started. FINANCIAL / LEGAL IMPLICATIONS / RISK MANAGEMENT: Staff requests approval of this project without going to tender as Point to Point Communications is our sole supplier of radio equipment. This is permitted under Section 7, exceptions of the Townships Purchasing and Tendering By -Law 2004 -112. POLICIES /LEGISLATION: By -Law 2004 -112 CORPORATE STRATEGIC GOALS: Safe & Healthy Community Financial Stewardship CONSULTATIONS: Point to Point Communications Acting Operations Chief Jermey Director of Development Services FIRE & EMERGENCY SERVICES Report No. FD 2012 -03 June 6, 2012 Page 2 of 3 Page 108 of 277 10h) - Report No. FD2012 -03, Hugh Murray, Acting Fire Chief ... ATTACHMENTS: N/A CONCLUSION: Staff requests approval this project by Council without going to tender as Point to Point Communications is our sole supplier of radio equipment. This project was approved in the 2012 Capital budget plan and is a crucial piece of equipment for our emergency communication infrastructure. Installation of this tower ensures that firefighters will have reliable radio transmissions in the Moonstone area. Respectfully submitted: "'� /� /--q� Hugh Murray Acting Fire Chief SMT Approval / Comments: I C.A.O. Approval / Comments: FIRE & EMERGENCY SERVICES Report No. FD 2012 -03 June 6, 2012 Page 3 of 3 Page 109 of 277 10i) - Robin Dunn, Chief Administrative Officer re: Reschedu... Schedule "A" to By -law No. 2011 -011 Excerpt of Section 3.2 Regular Meeting Schedule of Council Page 6 of 23 b) The public session meeting on the first Wednesday of the month will mmence at 10:00 a.m. The meeting may commence up to 1 hour e ier to deal with Closed Session Items. In the event that Council con des discussion on the Closed Session Items prior to the 10:00 a.m. public ssion, Council will rise and recess and reconvene at 10:00 a.m. for the r orting of the Closed Session Items during the public session. Any matte hich is not concluded during the preliminary Closed Session will be carrie forward to the Closed Session Items (Unfinished Items) towards the en of the meeting agenda. C) The public session eetings on the second and fourth Wednesdays of the month will commenc t 7:00 p.m. The meeting may commence up to 1 hour earlier to deal wit IN losed Session Items. In the event that Council concludes discussion on a Closed Session Items prior to the 7:00 p.m. public session, Council will a and recess and reconvene at 7:00 p.m. for the reporting of the Closed S Sion Items during the public session. Any matter which is not concluded ing the preliminary Closed Session will be carried forward to the Closed ssion Items (Unfinished Items) towards the end of the meeting agenda. d) During the month of January, meetings all be held as follows: i) There shall be no meeting the first W nesday of the month; ii) Council meetings shall be held on the s and and fourth Wednesday of the month commencing at :00 p.m. The meeting may commence up to 1 hour earlier to deal ith Closed Session Items. In the event that Council concludes di ussion on the Closed Session Items prior to the 7:00 p.m. pub' session, Council will rise and recess and reconvene at 7:00 p.m. fo he reporting of the Closed Session Items during the public session. ny matter which is not concluded during the preliminary Closed ssion will be carried forward to the Closed Session Items (Unfinis d Items) towards the end of the meeting agenda. e) During the months of July and August, a Council meeting shall be held on the Wednesday of the week, in which the 15th day falls between Sunday and Saturday with the public session commencing at 10:00 a.m. The meeting may commence up to 1 hour earlier to deal with Closed Session Items. In the event that Council concludes discussion on the Closed Session Items prior to the 10:00 a.m. public session, Council will rise and recess and reconvene at 10:00 a.m. for the reporting of the Closed Session Items during the public session. Any matter which is not concluded during the preliminary Closed Session will be carried forward to the Closed Session Items (Unfinished Items) towards the end of the meeting agenda. f) During the month of Ncember, meetings shall be held as follows: The public session eeting on the first Wednesday of the month will commence at 10. 0 a.m. The meeting may commence up to 1 hour earlier to deal wit Closed Session Items. In the event that Council concludes d,--u ion on the Closed Session Items prior to the 10:00 a.m. public ses\Seion will rise and recess and reconvene at 10:00 a.m. fg of the Closed Session Items during the public seatter which is not concluded during the preliminary Clowill be carried forward to the Closed Session Items (Us) towards the end of the meeting agenda. Page 110 of 277 10j) - Robin Dunn, Chief Administrative Officer, re: OLG Lot... or 10" alte caza4 M/i)4� ito a &mod OLG Lottery & Gaming Modernization Regional Information Session CENTRAL ONTARIO Please Join Larry Flynn, Senior Vice President Gaming OLG Sam Heath Vice President, Strategy Jake Pastore Manager Community and Municipal Relations OLG Location Delta Toronto East 203 5 Kennedy Road, Toronto, ON M 1 T 3 G2 Heritage Room Date Thursday, ,June 7, 2012 Time 10:00 am - 12:00 pm RSVP Svetlana Vyatkina svyatkina @olg.ca by May 30, 2012 We invite up to 4 participants from each municipality. Please provide the following details in your response: Page 111 of 277 Municipality Name Title 1 2 3 4 Page 111 of 277 10j) - Robin Dunn, Chief Administrative Officer, re: OLG Lot... For immediate release OIL G May 17, 2012 1j16, OLG SEEKS INPUT ON EXPANSION OF PRIVATE - SECTOR GAMING TORONTO — The Ontario Lottery and Gaming Corporation (OLG) is today taking an important step forward in modernizing the province's lottery and gaming industry by issuing a Request for Information (RFI) for the expansion of private- sector gaming. The OLG is seeking input from potential providers as it expands regulated private- sector gaming in Ontario. "Issuing the RFI is the next step in modernizing our business," said Rod Phillips, OLG President and CEO. "This is the start of a process to engage private- sector companies which have the expertise of operating world -class gaming facilities." The process will: • Help determine the range of options available in the market and assess potential vendor interest, as well as risks. • Outline 29 potential Gaming Zones where regulated private- sector providers will be allowed to operate a single gaming facility, subject to approvals. • After the RFI closes, OLG will begin to determine how it will engage regulated private- sector providers. • Once the requirements are determined, OLG may issue a Request for Pre - Qualifications (RFPQ), which would ask vendors interested in the Request for Proposals (RFP) to submit evidence they are qualified and would be compliant with OLG and Alcohol and Gaming Commission of Ontario requirements. • Following the RFPQ process, OLG may then begin the RFP process as early as fall 2012. OLG is engaging an independent fairness monitor to ensure the overall procurement process is carried out fairly and transparently. "OLG is continuing conversations with municipalities across the province to gauge interest in participating in our modernization initiative and we will focus only on communities which are interested in having a facility," said Mr. Phillips. OLG has provided $833 million to host municipalities in the last decade. When the modernization initiative is finished in 2017 -18, OLG expects that figure to have increased for each host municipality. Page 112 of 277 10j) - Robin Dunn, Chief Administrative Officer, re: OLG Lot... By modernizing lottery and gaming, OLG will in five years contribute an additional $1.3 billion a year to key public priorities and usher in $3 billion in private- sector capital investment in Ontario. In addition to 2,300 net new jobs in the lottery and gaming industry, the initiative would help create an estimated 4,000 jobs in the hospitality, hotel, restaurant, entertainment and retail industries. While the new lottery and gaming model will include the expansion of regulated private- sector gaming, OLG will retain complete oversight of the sector, including responsible gaming. OLG expects to issue a second RFI for the expansion of lotteries in the coming weeks. Both RFIs will be available on MERX (www.merx.com). MERX charges a fee to download this type of material. OLG Background documents on OLG's Modernization Procurement Process, OLG Gaming Zones, Gaming Zone Maps and a Summary of the Gaming RFI are also posted on www.OLG.ca. OLG is a provincial agency responsible for province -wide lottery games and gaming facilities. Since 1975, OLG lotteries, Casinos, Slots, and Resort Casinos have generated more than $34 billion for the benefit of the Province of Ontario. Gaming proceeds support Ontario's hospitals, amateur sport, recreational and cultural activities, communities, provincial priority programs such as health care and education, and local and provincial charities and non - profit organizations through the Ontario Trillium Foundation. Know your limit, play within it! THE ONTARIO PROBLEM GAMBLING HELPLINE 1- 888 - 230 -3505 Disponible en franpais -30- www.OLG.ca For more information contact: OLG Media Line 1.888.946.6716 Page 113 of 277 10j) - Robin Dunn, Chief Administrative Officer, re: OLG Lot... OLG's Procurement Process for Modernization Plan OLG plans to engage regulated private- sector providers to expand lottery and gaming in Ontario. The process will begin with a multi- stage, competitive and transparent procurement process that includes a Request for Information (RFI) followed by a Request for Pre - Qualification (RFPQ) and a Request for Proposal (RFP). Request for Information (RFI) What is an RFI? • An RFI is used as a first step in planning a complex change to how we purchase goods and services. • The RFI is a commonly used information - gathering tool. There is no guarantee that any of the information gathered will be included in future planning. What is the purpose of an RFI? • The RFI will enable OLG to gather valuable information from potential regulated providers. • The RFI will pose a number of questions about elements of our business that will allow operation by regulated private- sector providers. • The information gathered through the RFI will provide ideas to help inform decisions in the coming months. • OLG will collect valuable data from potential vendors to help: • determine the range of options; • clarify business requirements; • identify and assess project and procurement risks; • determine project costs and /or price structures; • and identify potential vendors. • The RFI will be posted on the MERX tendering system (www.merx.com), a national electronic tendering website, where any interested vendor may access them for a small fee. What happens after an RFI? • When the RFI closes, we will review the information we receive. The information will help determine how to engage regulated private- sector providers. • The findings will help OLG launch a Request for Pre - Qualification and then a Request for Proposal (RFP). These next two stages are more formal. Page 114 of 277 10j) - Robin Dunn, Chief Administrative Officer, re: OLG Lot... Request for Pre - Qualification (RFPQ) What is an RFPQ? • OLG will conduct a Request for Pre - Qualification (RFPQ) to determine the abilities of potential respondents. • Interested vendors will be asked to submit information on their financial and technical capabilities, including proof of experience with similar projects. • They must also have submitted an application for certification by the Alcohol and Gaming Commission of Ontario (AGCO). • The RFPQ process will allow OLG to create a list of companies eligible to receive the RFP documents. • The RFPQ will be posted on the MERX tendering system (www.merx.com), a national electronic tendering website, where any interested vendor may access them for a small fee. Request for Proposal (RFP) What is an RFP? • The RFP is an opportunity for pre - qualified vendors to bid on a specific product or service through a competitive and transparent procurement process. • The RFP will only be distributed to pre - qualified vendors. What is the purpose of an RFP? • The RFP will identify the services within the new Gaming model and the new Lottery model that we want the private- sector vendors to bid on. • It will ask potential private- sector providers to make formal bids on an opportunity to operate specific aspects of our business. • Evaluation will be based on various criteria, not just price. • The RFP will not be public. It will only be released to pre - qualified vendors. What happens after the RFP closes? • When the RFP process is complete, we will then select the vendors to become the regulated private sector providers for gaming and lottery. • By then, in 2013, OLG will be able to announce its transformed business structure (within the conduct and manage framework) as well as the new regulated private sector providers. OLG is committed to ensuring that its modernization is the result of a process that is, and is seen to be, fair and transparent to all relevant stakeholders. Accordingly, OLG intends to structure the modernization process so that it includes various procedural safeguards such as the use of fairness monitors. (Disponible en frangais) For further information: OLG Media Relations, 1.888.946.6716, www.OLG.ca Page 115 of 277 10j) - Robin Dunn, Chief Administrative Officer, re: OLG Lot... O L G Backgrounder OLG Gaming Zones To effectively manage the gaming market in Ontario, OLG identified 29 Gaming Zones where existing or new gaming facilities would be permitted following municipal and other approvals. The Gaming Zones are outlined in OLG's Request for Information (RFI) for Gaming, available on MERX (www.merx.com ) Gaming Zones What is a Gaming Zone? Gaming Zones are geographic areas where regulated private- sector providers will be allowed to operate a single gaming facility, subject to approvals. The zones are defined for building purposes only, and will not affect operators' ability to market their offering — although some restrictions might apply to ensure the sustainability of the market. How are Gaming zones selected? Gaming zones are based on a business model that is designed to maximize revenue for the province. Factors such as proximity of a gaming location to other gaming facilities and residential areas were measured to determine the zones. Why are Gaming Zones important? The design of these zones is intended to manage competition between facilities and ensure a sustainable and efficient gaming market in Ontario. In each zone, OLG will define: • Geographic boundaries where the regulated private- sector providers will be allowed to locate the gaming facility, if a new facility is being established, or if a proposal will be made to move an existing facility, subject to OLG, municipal and other approvals. • Number of gaming positions, payouts, and betting limits. • Types of games offered (i.e., slots, tables, sports books). • Responsible gambling policies that will apply to all zones across Ontario. Page 116 of 277 10j) - Robin Dunn, Chief Administrative Officer, re: OLG Lot... Inside gaming zones, each operator will be allowed to establish a new facility (for new zones), operate the current facility, or relocate existing facilities within the boundaries of the zone, subject to relevant approvals, including: • OLG's approval of business case. • Municipal approval from the host municipality for the establishment and operation of a gaming facility in that municipality. • Other approvals, such as from ministries and environmental agencies. Note: The proposed zones for the location of OLG gaming facilities are not final. The geographic boundaries may be adjusted based on ongoing discussions with relevant stakeholders and information received through the Request for Information (RFI) process. Gaming Zone maps are posted on www.OLG.ca. (Disponible en frangais) For further information: OLG Media Relations, 1.888.946.6716, www.OLG.ca Page 117 of 277 10k) - And ria Leigh, Director of Development Services re: Re... • Environmental Registry Environmental Registry Registre environnemental ®�3 3 LE L Sq 3 Page 1 of 6 ntarOl -. Government of Ontario Site Map Francais _ EBR Registry Number: 011 m�F 5208 Proponent: RE Orillia 1 ULC Ministry Reference Number: 300 California Street 3328- 8KYQSB Floor 7 Ministry: San Francisco CALIFORNIA Ministry of the Environment USA 94104 Date Proposal loaded to the Instrument Type: Approval for a renewable energy project - EPA s.47.3(1) Registry: November 25, 2011 Date Decision loaded to the Registry: May 29, 2012 The Leave to Appeal Provisions indicated in the section titled "Leave to Appeal Provisions" at the end of this posting do not apply to Renewable Energy Approvals issued under 47.5 of the EPA. Please refer to NOTE: Regarding Third Party Hearing Provisions in the section titled "Decision on Instrument" instead. Keyword(s): Air I Electricity A Renewable Energy Approval has been issued to RE Orillia 1 ULC to engage in a renewable energy project in respect of a Class 3 solar facility consisting of the construction, installation, operation, use and retiring of a solar facility, with a total name plate capacity of 10 megawatts. The facility will be connected to Hydro One's distribution system. This Class 3 solar facility, known as RE Orillia 1, is located at South half, Lot 7, Concession 14 (1599 Line 13 North), in the Township of Oro - Mendonte, County of Simcoe, Ontario. The noise sources to be approved at the project location consist of transformers and inverters. Emissions discharged to the atmosphere include noise. The Renewable Energy Approval requires the proponent to construct, install, operate, use and retire the facility in accordance with specific terms and conditions. The terms and conditions, as summarised below, require the proponent to: • construct and install the facility within three years of the date of the approval, • construct and install the facility in accordance with the documentation considered for the issuance of this approval, • comply with the ministry's noise emission limits at all times, • manage stormwater and control sediment erosion during and post construction, • design and construct sewage works for the electrical substation with spill containment, • not take more than 50,000 litres of water on any day by any means at the project location, Sarah Raetsen Senior Program Support Coordinator Ministry of the Environment Operations Division Environmental Approvals Branch 2 St. Clair Avenue West Floor 12A Toronto Ontario M4V 1 L5 Phone: (416) 325 -3306 Fax: (416) 314 -8452 Toll Free Phone: (800) 461- 6290 Township of Oro - Medonte 1599 Line 13 North COUNTY OF SIMCOE t-�4M• / /xxnxrtv a1x - nn - - - - - - - - - 4-9- -+;-- Ta- T/VrVf)nTr Ir /1 /7/117 Page 118 of 277 10k) - And ria Leigh, Director of Development Services re: Re... Environmental Registry Page 2 of 6 undertake a post construction groundwater monitoring program for two The following government years, offices have additional m properly address any archaeological resources discovered, information regarding this g prepare a Traffic Management Plan for the municipality and enter into a Decision. To arrange a Road Users Agreement, viewing of these documents maintain and operate the facility in accordance with good engineering please call the Ministry practices and as recommended by the equipment suppliers, Contact or the Office listed n maintain records of the operation and maintenance of the facility and below. inspections and complaints related to the facility, notify the ministry of complaints received alleging adverse effect caused by B B Barrie District Office the construction, installation, operation, use or retirement of the facility, Cedar Pointe Drive notify the ministry prior to a change of ownership, and properly decommission the facility upon retirement in accordance with the Barar e O Ontario Barrie O Decommissioning Plan Report and any directions provided by the Director or L Phone: (705) 739 -6441 District Manager. Toll Free Phone: (800) 890- 8511 This renewable energy project has been approved in accordance with the requirements of Part V.0.1 of the Environmental Protection Act and Ontario Environmental Approvals Regulation 359/09. Branch 2 St. Clair Avenue West NOTE: Regarding Third Part Hearin Provisions � Floor Toronto Ontario MW 1 L5 Third Party Hearing Provisions are listed immediately below. The Leave to Appeal Phone: (416) 314 -8001 Provisions indicated in the section titled "Leave to Appeal Provisions" at the end of Toll Free Phone: (800) 461 - the posting do not apply to Renewable Energy Approvals issued under 47.5 of the 6290 EPA. The documents linked below Any resident of Ontario may require a hearing by the Environmental Review are provided for the purposes Tribunal (ERT) within 15 days after the date this Decision was loaded to the of enhancing public Environmental Registry (see top right of decision notice) by written notice served consultation. upon the following: All links will open in a new window Environmental Commissioner of Ontario: Environmental Commissioner of Ontario 1075 Bay Street 1. Renewable Energy Approval Suite 605 No. 0002 -BTRNB Toronto Ontario P M5S 2B1 Phone: (800) 701 -6454 Issuing Authority: Ian Parrott Manager Environmental Approvals Branch 2 St. Clair Avenue West Floor 12A Toronto Ontario M4V 1 L5 Phone: (416) 314 -3636 Proponent: RE Orillia 1 ULC 300 California Street, Floor 7 San Francisco, CALIFORNIA USA 94101 Appellate Body: Secretary Environmental Review Tribunal 655 Bay Street Floor 15 Toronto M5G 1E5 Phone: (416) 212 -6349 Fax: (416) 314 -4506 hltw //ummu Phr any nn ra/FRC_ \ATFR_Fs ternal /rlicnlavnntirarnntPnt rin7nnf; -111 —A 1TFfVlT F, /1 /7(117 Page 119 of 277 10k) - And ria Leigh, Director of Development Services re: Re... Environmental Registry An applicant for a hearing shall state in the notice requiring the hearing, (a) a description of how engaging in the renewable energy project in accordance with the renewable energy approval will cause, (i) serious harm to human health, or (ii) serious and irreversible harm to plant life, animal life or the natural environment; (b) the portion of the renewable energy approval in respect of which the hearing is required; and (c) the relief sought. Further information is provided on the ERT's website at: hftp:/ lwww .ert.gov.on.ca /english /quides /index.htm. If you have any questions about the hearing process please consult a lawyer or contact the ERT. Public Consultation on the proposal for this decision was provided for 34 Days, from November 25, 2011 to December 29, 2011. As a result of public consultation on the proposal, the Ministry received a total of 6 comments: 0 comments were received in writing and 6 were received online. Additionally, a copy of all comments are available for public viewing by contacting the Contact person listed in this notice. A selection of these comments are available: fir. -t a All comments received were reviewed by the ministry and considered during the review of the application. These comments have been summarized below: Concerns related to the study methods used: MOE staff have reviewed the proponent's project documentation and it has been determined that all reports comply with O. Reg. 359/09. Concerns regarding site selection, land classification, and soil studies of the subject prooertv: When a proponent applies for a FIT contract, the OPA reviews the application and ensures that the requirement to not be located on Class 1, 2 or 3 lands has been met. The eligibility of the RE Orillia 1 Solar Project has been determined by the OPA once a FIT contract was awarded. The RE Orillia 1 Solar Project has demonstrated to the OPA that the project will be located on Class 6 soil. Concerns about impacts to soils due to solar panels located on them: The proponent's proposed seed mix will provide a dense vegetation cover that will prevent soil erosion, minimize weed growth and maintain soil productivity. Soil beneath the panels will not be toxic and weed growth will be minimized. Vegetation management will occur once the facility is operational. Concerns regarding water well contamination: As a condition of approval, there is a groundwater monitoring condition to ensure that the proponent adequately monitors the groundwater and immediately addresses any issues that arise. Concerns about noise impacts: MOE staff have reviewed the Acoustic Assessment Report provided by the proponent. MOE's noise engineers have confirmed that the project complies with the noise standards for solar facilities. Further, the Acoustic Assessment Report and the Project have met the requirements of O. Reg. 359/09. Page 3 of 6 httn• / %znxnu ehr anv nn r1n9nntiraTrl— AdTP0C)T 9/1 /')r11 7 Page 120 of 277 10k) - And ria Leigh, Director of Development Services re: Re... , Envirunmental Registry Concerns about impacts to wildlife: Wildlife habitat was considered by the proponent in its Natural Heritage Assessment (NHA). Ministry of Natural Resources staff have reviewed the NHA and found it to be acceptable. Concerns related to safety impacts: The proponent provided details on a Communications and Emergency Response Plan, which will be prepared in consultation with local municipal authorities and emergency response agencies prior to the start of any construction activity being performed at the site and will be engaged through the project's life. Decommissioning concerns: As part of the approval, a condition will be imposed requiring the proponent to update and resubmit its decommissioning plan at least 6 months prior to the retirement of the facility. Concerns related to setbacks for neighbouring properties: Proponents of solar projects must ensure that they meet the ministry's setback of 40 dBA from the nearest point of reception. Based on the results of the Acoustic Assessment study for the RE Orillia 1 Solar Project, it is concluded that the sound pressure levels at the points of reception will be below MOE requirements for Class 3 areas of 40 dBA. Concerns related to the input of municipalities: Municipal consultation is an important part of the REA process. Both the Township of Oro - Medonte and County of Simcoe have submitted Municipal Consultation Forms. The MOE has ensured that their comments have been considered. Concerns regardina the removal of water from the water table: The proponent has confirmed that no significant water taking activities will be required for the project. Any water required for construction and /or operational purposes would be sourced from an approved offsite source. Concerns related to the cleaning of panels: The proponent has noted in the Consultation Report that only water will be used for panel washing. Concerns related to the monitoring of the solar facility: The proponent must construct, install, operate, use and retire the facility in accordance with the conditions of approval, which are based on the REA application that was submitted to the MOE for approval. If a facility is found to be constructed, installed, operated, used and retired in a manner not approved under their REA, they can be charged under the Environmental Protection Act. Concerns related to the need for additional energy sources: As per Section 35(2) of the Environmental Bill of Rights, 1993, "For the purposes of subsection (1), a comment on the legislative or regulatory framework within which the decision whether or not to implement a proposal for an instrument is to be made is not a comment relevant to the proposal for the instrument ". Since this comment pertains to the Green Energy Act 2009, it has not been considered for this Project. Concern about impacts on property values of adjacent pro ep rties: The MOE is not aware of any evidence that solar facilities have negative effects on property values. The MOE will continue to monitor research and literature on this issue and will modify our practices accordingly. Note — This is the end of the decision notice. Please disregard the "Leave to Appeal Provisions" section below. Page 4 of 6 httn• / /www ehr anv nn ca/F.R S- WF.Ft-F. tPrnnl /riisnlnvnnticPCnntPnt r1n ?nnfi(- P1d =MTF0(lT F/1 / ?f111) Page 121 of 277 1Ok) - And ria Leigh, Director of Development Services re: Re... Environmental Registry Any resident of Ontario may seek leave to appeal this decision, by serving written Notice, within 15 days of May 29, 2012 upon the following: Environmental Commissioner of Ontario: Environmental Commissioner of Ontario 1075 Bay Street Suite 605 Toronto Ontario M5S 2131 Phone: (416) 325 -3377 Toll Free Phone: (800) 701 -6454 Issuing Authority: Ian Parrott Manager Environmental Approvals Branch 2 St. Clair Avenue West Floor 12A Toronto Ontario M4V 11-5 Phone: (416) 314 -3636 Toll Free Phone: (800) 461 -6290 Proponent: RE Orillia 1 ULC 300 California Street Floor 7 San Francisco CALIFORNIA USA 94104 Appellate Body: Secretary Environmental Review Tribunal 655 Bay Street Floor 15 Toronto M5G 1 E5 Phone: (416) 212 -6349 Fax: (416) 314 -4506 An applicant for a hearing shall state in the notice requiring the hearing, (a) a description of how engaging in the renewable energy project in accordance with the renewable energy approval will cause, (i) serious harm to human health, or (ii) serious and irreversible harm to plant life, animal life or the natural environment; (b) the portion of the renewable energy approval in respect of which the hearing is required; and (c) the relief sought. Further information is provided on the ERT's website at: http://www.ert.gov.on.Galenglish/guidesiindex.htm If you have any questions about the hearing process please consult a lawyer or contact the ERT. The attached Certificate document is intended for posting on the Environmental Registry in order to provide the reader with the substantive content of the issued instrument. Please note the official version may be differently formatted or otherwise Page 5 of 6 httn• //arcannr ehr anv nn ca /FRC_WRR_Fs Carnal /rlicnlavnntirarnntant r1n9nnt;— TA=MT -pOnT 9/1 /71)1 r) Page 122 of 277 10k) - And ria Leigh, Director of Development Services re: Re... Environmental Registry Page 6 of 6 contain minor variations from this version. The materials on this web site are protected by Crown copyright. You may copy and re- distribute any of the Environmental Bill of Rights information on this web site provided that the contents remain unchanged and the source of the contents is clearly referenced. You are not permitted to alter or add to the contents. ONTARIO HOME I CONTACTS i HELP I SITEMAP I FRANCAIS tiito This site is maintained by the Government of Ontario, Canada. PRIVACY I IMPORTANT NOTICES Copyright information: © Queen's Printer for Ontario. 1994 -2012 httn- /%ucxnu f-hr vnv nn At 9— tiraTA=— NATIP0nT F. /1 !7111 7 Page 123 of 277 10k) - And ria Leigh, Director of Development Services re: Re... Ministry of the Environment ��Ontario Ministere de I'Environnement RENEWABLE ENERGY APPROVAL NUMBER 0002- STRNSP Issue Date: May 29, 2012 RE Orillia 1 ULC 300 California St 7th Floor San Francisco, California USA 94104 Project 1599 Line 13 N, Hawkestone Location: Part S 1/2, Lot 7, Concession 14 Oro- Medonte Township,. County of Simcoe You have applied in accordance with Section 47.4 of the Environmental Protection Act for approval to engage in a- renewable energy project in respect of a Class 3 solar facility consisting of the following: - the construction, installation, operation, use and retiring of a Class 3 solar facility with a total nameplate capacity of up to approximately 10 megawatts (AC). For the purpose of `this renewable energy approval, the following definitions apply: 1. "Acoustic Assessment Report" means the report included in the Application and entitled , "RE Orillia 1 Solar Project, Noise Assessment Study Report ", dated April 16, 2012, prepared by Hatch, and signed by Renee Kenny and Oleg Aelashov of Hatch on April 16, 2012; 2. "Acoustic Audit" means an investigative procedure consisting of measurements and /or acoustic modelling of all sources of noise emissions due to the operation of the Equipment, assessed to determine compliance with the Noise Performance Limits set out in this Approval, 3. "Acoustic Audit Report" means a report presenting the results of an Acoustic Audit, 4. "Acoustical Consultant" means a person currently active in the field of environmental acoustics and noise /vibration control, who is knowledgeable about Ministry noise guidelines and procedures and has a combination or formal: university education, training and experience necessary to assess noise emissions from solar facilities; Page l - NUMBER 01002- 8TRNBP Page 124 of 277 1 Ok) - And ria Leigh, Director of Development Services re: Re... 5. "Act" means the Environmental Protection Act, "R.S.© 1990, c.E.19, as amended, 6. "Adverse Effect" has the same meaning as in the Act, 7. "Application" means the application fora Renewable Energy Approval dated August 9, 2011, and signed by Sheldon limber, Senior Vice President North America Development, RE Orillia 1 ULC and all supporting documentation submitted with the application, including amended documentation submitted up to February 28, 2012; ,, 8. 'Approval'" means this Renewable Energy Approval issued in accordance' with Section 47.4 of the .Act, including any schedules to it; 9. "A-weighting" means the frequency weighting characteristic as specified in the International Electrotechnical Commission. (IEC) Standard 51672, and intended to approximate the relative sensitivity of the nortnal; human ear to different frequencies (pitches) of sound. it is denoted as "A 10. "A- weighted Sound Pressure Level" means the Sound Pressure Level modified by application of an A- weighting network. It is measured in decibels, A- weighted, and denoted "dBA' 11. "Class 1 Area" means an area with an acoustical environment typical of a major population centre; where the background sound level is dominated by the activities of people, usually road traffic, often referred to as "urban hum "; 12. "Glass 2 Area" means an area with an acoustical environment that has qualities representative of bath Class 1 and Class 3 Areas: (a) sound levels; characteristic of Class 1, during daytime (07:00 to 19:00 or to 23:00 hours); (b) low evening and night background sound level defined by natural environment and infrequent human activity starting as early as 19:00 hours (19 :00 or 23:00 to 07:00 hours); (c) no clearly audible sound from stationary sources other than from: those under impact assessment. Page 2 - NUMBER' 0002- BTRNBP Page 125 of 277 10k) - And ria Leigh, Director of Development Services re: Re... 13. "Class 3 Area" means a rural area with an acoustical environment that is dominated by - natural sounds having Iittle or no road traffic, such as the following: (a) a small community with less than 1000 population; (b) agricultural area; (c) a rural recreational area such as a cottage or a resort area; or (d)` a wilderness area. 14. "Company "' means RE Orillia 1 ULC and includes its successors and assignees; 15. "Decibel" means a dimensionless measure of Sound Level or Sound Pressure Level, denoted as dB; 16. "Director" means a person appointed in writing by the Minister of the Environment pursuant to section 5 of the Act as a Director for the purposes of section 47.5 of the Act; 1.7. "District Manager" means the District Manager of the appropriate local district office of the Ministry where the Facility is geographically located; 18. "Equipment" means the twenty (20) inverters, five (5) transformers, and one (1) transformer substation, and associated ancillary equipment identified in this Approval and as further described` in the Application, to the extent approved by this Approval; 19. "Equiva lent Sound Level" is the value of the constant sound level' which would result in exposure to the same total A- weighted energy as would the specified time- varying sound, if the constant sound level persisted over an equal time interval. It is denoted L', and is measured in dB A- weighting (dBA); 20. "Facility" means the renewable energy generation facility, including the Equipment, as described in this Approval and as further described in the Application, to the extent approved by this Approval; 21. "Independent Acoustical Consultant" means an Acoustical Consultant who is not representing the Company and was not involved in preparing the Acoustic Assessment Report. The Independent Acoustical Consultant shall not.be retained by the Acoustical f' Consultant involved in the noise impact assessment; 1 22. "Ministry" means the ministry, of the government of Ontario responsible for the Act and includes all officials, employees or other persons acting on its behalf; Page 3 - NUMBER 0002- STRNBP Page 126 of 277 10k) - And ria Leigh, Director of Development Services re: Re... 23. "Noise Control Measures" means measures to reduce the noise emissions from the Facility and/or Equipment including, but not limited to, barriers, silencers, acoustical louvres, hoods and acoustical treatment, described in the Acoustic Assessment Report and Schedule C of this Approval; 24. "Noise Receptor" has the same meaning as in Q. Reg. 359/09; 25. "0. Reg. 359/09" means Ontario Regulation 359/09 "Renewable Energy Approvals under Part <V.0.1 of the Act" made under the Act; 26. "Point of Reception" has the same meaning as in Publication NPC -205 or Publication NPC -232, as applicable, and is subject to the same qualifications described in those documents; 27. "Publication NPC -103" means the Ministry Publication NPC -103, "Procedures ", August 1978; 28. "Publication NPC- 104" means the Ministry Publication NPC -104, "Sound Level Adjustments ", August 1978; 29. "Publication NPC -205" means the Ministry Publication NPC -205, "Sound Level Limits for Stationary Sources in Class 1 & 2 Areas (Urban) ", October 1995; 30. 'Publication NPC -232" means the Ministry Publication NPC -232, "Sound Level Limits for Stationary Sources in Class 3 Areas (Rural) ", October 1995; 31. Publication' NPC -233" means the Ministry Publication NPC -233, "Information to be Submitted for Approval of Stationary Sources of Sound ", October 1995; 32. "Sound Level" means the A- weighted Sound Pressure Level; 33. "Sound Level Limit" is the limiting value described in terms of the one hour A- weighted Equivalent Sound Level LN 34. "Sound Power Level" means ten times the logarithm to the.base of 10 of the ratio of the sound power (Watts) of a noise source to standard ref6mce power of 10-" Watts; 35 "Sound Pressure" means the instantaneous difference between the actual pressure and the average or barometric ,pressure at a given location. The unit of measurement is the micro; pascal (µPa), 36. "Sound Pressure Level " means twenty times the logarithm to the base 10 of the ratio of the effective pressure (pPa)'of a sound to the reference pressure of 20 µPa; Page 4 - NUMBER 0002- 8TRNBP Page 127 of 277 10k) - And ria Leigh, Director of Development Services re: Re... 37. "UTM" means Universal Transverse Mercator coordinate system. You are hereby notified that this approval is issated to you subject to the terms and conditions outlined below: TERMS AND CONDITIONS A- GENERAL Al. The Company shall construct, install, use, operate, maintain and retire the Facility in accordance with the terms and conditions of this Approval and the Application and in accordance with the following schedules attached hereto: Schedule A - Facility Description Schedule B - Coordinates of the Equipment and Noise Specifications Schedule C Noise Control Measures A2. Where there is a conflict between a provision of this Approval and any document submitted by the Company, the conditions in this Approval shall take precedence. Where there is a conflict between one or more of the documents submitted by the Company, the document bearing the most recent date shall take precedence, A3. The Company shall ensure a copy of this Approval is: (1) accessible, at all times, by Company staff operating the Facility and; (2) submitted to the clerk of each local municipality and upper -tier municipality in which the Facility is situated. A4. If the Company has a publicly accessible website, the Company shall ensure that the Approval and the Application are posted on the Company's ,publicly accessible website within five (5) business days of receiving this Approval. A5. The Company shall, at least six (6) months prior to the anticipated retirement date of the entire Facility, or part of the Facility, review its Decommissioning Plan Report to ensure that it is still accurate. If the Company determines that the Facility cannot be decommissioned in accordance with the Decommissioning Plan Report, the Company shall provide the Director and District Manager a written description of plans for the decommissioning of the Facility: A6. The Facility shall be retired in accordance with the Decommissioning Plan Report and any directions provided by the Director or District Manager, Page; 5 - NUMBER 0002 -8 I.'RNBP' Page 128 of 277 10k) - And ria Leigh, Director of Development Services re: Re... A7. The Company shall provide the District Manager and the Director advance written notice of the following: (1) the commencement of any construction or installation activities at the project location; and (2) the start of commercial operation of the Facility. B _ EXPIRY OF APPROVAi. B 1. Construction and installation of the Facility must be completed within three (3) years of the later of: (1) the date this Approval is issued; or (2) if there is a hearing or other litigation in respect of the issuance of this Approval, the date that this hearing or litigation is disposed of, including all appeals. B2. This Approval ceases to apply in respect of any portion of the Facility not constructed or installed before the later of the dates identified in Condition B is C - 'NOISE PERFORMANCE LINUTS Cl. The Company shall ensure that: (1) the Sound Levels from the Equipment, at the Points of Reception identified in the Acoustic Assessment Report. comply with the Sound Level Limit of 40 dBA as described in Publication NPC -232, subject to adjustment for tonality as described in Publication NPC -104; (2) the Equipment is constructed and installed at either of the following locations: (a) at the locations identified in Schedule B of this Approval; or (b) at a location that does not vary by more than 10 metres from the locations identified in Schedule B of this Approval and provided that, i) the Equipment will comply with Condition Cl (1), and ii) all setback prohibitions established under O; Reg. 359109 are complied with, (3) the Equipment complies with the noise specifications set out in Schedule B of this Approval; and (4) all of the Noise Control Measures are fully implemented prior to the commercial operation of the Facility. Page 6 - NUMBER 0002- STRNBP Page 129 of 277 10k) - And ria Leigh, Director of Development Services re: Re... C2. If the Company determines that some or all of the Equipment cannot be constructed in accordance with Condition CI (2), prior to the construction and installation of the Equipment in question, the Company shall apply to the Director for an amendment to the terms and conditions of the Approval:. C3. Within three (3) months of the completion of the construction of the Facility, the Company shall submit to the Director a written confirmation signed by an individual who has the authority to bind the Company that the UTM coordinates of the "as constructed" Equipment comply with the requirements of Condition C1 (2) D -, ACOUSTIC AUDIT D1, The Company shall; carry out an Acoustic Audit in accordance with the procedures set out in Publication NPC -103, and shall submit to the District Manager and the Director an Acoustic Audit Report prepared by an Independent Acoustical Consultant in accordance with the requirements of Publication NPC 233, no later than six (6) months after the commencement of the operation of the Facility. E - GROUNDWATER MONITORING E1. Prior to the construction and installation of the Facility, the Company shall develop and implement for a minimum of two (2) years after the start of construction, a post construction groundwater monitoring program, which shall include as a minimum the following, information: (a) Identification of groundwater monitoring wells to be established at appropriate up and down gradient boundary locations within the project location. (b) Identificaion of groundwater monitoring parameters, monitoring frequency, and trigger concentrations based on appropriate information as deemed necessary for the monitoring wells as described in Condition E1 (a), E2. The Company shall report the summary of the results of the groundwater sampling and monitoring program on an annual basis to the District' Manager. F - STORMWATER MANAGEMENT Fl,. The Company shall employ best management practices for'stormwater management and sediment and erosion control during construction, installation, use, operation, maintenance and retiring of the Facility, as outlined in the Application. Page 7 - NUMBER 0002- ,&TRN13P Page 130 of 277 10k) - And ria Leigh, Director of Development Services re: Re... G - SEWAGE WORKS Gl. The Company shall, within three (3) months of issuance of this Approval and prior to commencement of operation of the Facility retain an independent Professional Engineer licensed in Ontario and familiar with electrical transformer substations and its associated sewage works to prepare a design report on the spill containment facility and, obtain approval from the Director for a substation transformer spill containment area and associated sewage works that shall contain the following: (1) final design drawings and specifications of the spill containment and associated sewage works; (2) an operation and maintenance procedures manual' including an emergency /contingency plan; and (3) ` a monitoring program, including a groundwater monitoring program in the event of subsurface disposal system, G2. The Company shall design the sewage works in Condition G1 such that the concentration of the effluent parameter named in the table below does not exceed the maximum concentration, objective shown for that parameter in the effluent, and shall comply with the following requirements: (1) notify the District Manager as soon as reasonably possible of any exceedance of the maximum . concentration objective set out in the table above; (2), take immediate action to identify the cause of the exceedance; and (3) take immediate action to prevent further exceedanees. H . WATER TAKING ACTIVITIES Hl. The Company shall not take more than 50,000 litres of water on any day by any means during the construction, installation, . use, operation, maintenance and retiring of the Facility. I - ARCHAEOLOGICAL RESOURCES 11. The Company shall implement all of the recommendations, if any,' for further archaeological fieldwork and for the protection of archaeological sites found' in the consultant archaeologist's report included in the Application, and which the Company submitted to the Ministry of Tourism, Culture and Sport in order to comply with clause 22 (2)(b) of 0. Reg. 359/09. Page 8 : NUMBER 0002- 8TRNBP' Page 131 of 277 10k) - And ria Leigh, Director of Development Services re: Re... I2. Should any previously undocumented archaeological resources be discovered, the Company shall: (1) cease all alteration of the area in which the resources were discovered immediately; (2) engage a consultant archaeologist to carry out the archaeological fieldwork necessary to further assess the area and to either protect and avoid or excavate any sites in the area in accordance with the Ontario Heritage Act, the regulations under that act and the Ministry of Tourism and Culture's "Standards and Guidelines for Consultant Archaeologists "; and (3) notify the Director as soon as reasonably possible: J'- TRAFFIC MANAGEME, NT PLANNING J1. Within three (3) months of receiving this Approval, the Company, shall prepare a Traffic Management Plan and provide it to the Township of Oro - Mcdonte. J2. Within three (3) months of having provided the Traffic Management Plan to the Township of Ora- Mcdonte, the Company shall make reasonable efforts to enter into a. Road Users Agreement with the Township of Oro- Medonte. J3. If a Road Users Agreement has not been signed with the Township of Oro - Medonte within three (3) months of having provided the Traffic Management Plan to the Township of Oro - Medonte, the Company shall provide a written explanation to the Director as to why this has not occurred. K OPERATION AND MAINTENANCE KI. Prior to commercial operation of the Facility, the Company shall` prepare a written manual for use by Company staff outlining the operating procedures and a maintenance program for the Equipment that includes as a minimum the following: (1) routine operating and maintenance procedures in accordance with good engineering practices and as recommended by the Equipment suppliers; (2) emergency procedures; (3) procedures for any record keeping activities' relating to operation and maintenance of the Equipment; and (4) all appropriate measures to minimize noise emissions from the Equipment. Page 9 - NUMBER`0002- 8TRNBP` Page 132 of 277 10k) - And ria Leigh, Director of Development Services re: Re... K2 The Company shall; (1); update, as required; the manual described in Condition Kl; and (2) make the manual described in Condition K1 available for review by the Ministry upon request. K3. The Company shall ensure that the Facility is operated and maintained in accordance with the Approval and the manual described in Condition K1. L - RECORD CREATION AND RETENTIO1® Li, The Company shall create written records consisting of the following: (1) an operations log summarizing the operation and maintenance activities of the Facility; (2) within the operations log, a summary of routine and Ministry inspections of the Facility; and (3) a record of any complaint alleging an Adverse Effect caused by the construction, installation, . use, operation, maintenance or retirement of the Facility. L2. A record described under Condition Ll (3) shall include:' (1) a description of the complaint that includes as a minimum the following: a) the date and time the complaint was made;'' b) the name, address and contact information of the person who submitted the complaint; (2) a description of each incident to which the complaint relates that includes as a minimum: the following: a) the date and time of each incident; b) the duration of each incident; C) the wind speed and wind direction at the timeof each incident; d) the ID of the Equipment involved in each incident and its output at the time of each incident; e) the location of the person who submitted the complaint at the time of each ` incident; and Page', 10 - NV MEER 0002- 8TRNBP Page 133 of 277 10k) - And ria Leigh, Director of Development Services re: Re... (3) a description of the measures taken to address the cause of each incident to which the complaint relates and to prevent a similar occurrence in the future. 1-3. The Company shall retain, for a minimum of five (5) years from the date of their creation, all records described in Condition 1-1, and make these records available for review by the Ministry upon request. - NOTIFICATION OF COMPLAINTS Ml. The Company shall notify the District Manager of each complaint within two (2) business days of the receipt of the complaint. M2. The Company shall; provide the District Manager with the written records created under Condition K2 within eight (8) business days of the receipt of the complaint. M1 If the Company receives a complaint related to groundwater, the Company shall contact the District Manager within one (1) business day of the receipt of the complaint to discuss appropriate measures to manage any potential groundwater issues. N - CHANGE, OF OWNERSHIP N l . The Company shall notify the Director in writing, and forward a copy of the notification to the District Manager, within thirty (30) days of the occurrence of any of the following changes: (1) the ownership of the Facility; (2) the operator of the Facility;, (3) the address of the Company; (4) the partners, where the Company is or at any time becomes a partnership and a copy of the most recent declaration filed under the Business Names Act, R.S.O. 1990, c.B.17, as amended, shall be included in the notification; and (5) the name of the corporation where the Company is or at any time becomes 'a corporation, other than a municipal corporation, and a copy of the most current !information filet under' the Corporations Information Act, R.S.O. 1990, c, C.39, as amended, shall be included in the notification. t` Page .I 1- NUMBER 0042- 8,TRNBP Page 134 of 277 10k) - And ria Leigh, Director of Development Services re: Re... SCHEDULE A' Facility Descritftion The Facility shall consist of the construction, installation, operation, use and retiring of the following: (a) Five (5) arrays of photovoltaic (PV) modules or panels with a total name plate capacity of up to approximately ten (10) megawatts (AC), with each array containing one (1) cluster consisting of four (4) 500 kW inverters and one (1) 480 - 0113.8- kV/2 -MVA transformer; and (b) associated ancillary equipment, systems and technologies including one (1) transformer substation, on -site access roads, underground cabling and overhead distribution lines', all in accordance with the Application. Page 12 - NUMBER 0002= 8TRNBP Page 135 of 277 10k) - And ria Leigh, Director of Development Services re: Re... SCHEDULEB Coordinates of the Equipment and Noise Specifications Coordinates of the Equipment are listed below in UTM, ZI8- NA1:183 projection: Source ID Description Sound powr level (dBA) UTM Easling x(m) UTM Northing AM) ORl_Sub 13.8- kV /44 -kV /10 -MVA substation transformer 91.1 619221.28 4937607.2 OR1_Inv'1 Four GT500 -480 inverters at Cluster 1 99.5 619777.57 4938149.1 ORl_Inv2 Four GT500 -480 inverters at Cluster 2 99.5 619748,6 4938043.4 OR1_Inv3 Four GT500 -480 inverters; at Cluster 3 99.5 619643.26 4937958.3 ORI_inv4 Four GT500 -480 inverters at Cluster 4 99.5 ! 619522.73 4937880.6 ORl Inv5 Pour GT500 -480 inverters at Cluster 5 99.5'' 619451.86 4937714.8 ORI_Transl 480 -V/ 13.8 -kV /2 -MVA transformer at Cluster 1 89.5 619777,56 ` 4938154.1 OR1_Trans2 480 -V /13.8' -kV /2 -MVA transformer at Cluster 2 89.5 619748.6 4938048.4 ORi_Trans3 480 -V /13,8 -kV /2 -MVA transformer at Cluster 3 89.5 619643.24 4937963.3 OR1_Trans4 480 -V /13.8 -kV /2 -MVA transformer at Cluster 4 89.5 61955.7 4937885.7 OR1_Trans5 480 -V /13.8 -kV /2 -MVA transformer at Cluster 5 89.5; 619451.9 4937719.9 Note: The inverter Sound Power Level values in the above table correspond to the combined output of all inverters in the cluster, and include the 5 Decibel (dB) adjustment for tonality as prescribed in Publication NPC -104. Page 13 - NUMBER 0002- 8TRNBP' Page 136 of 277 10k) - And ria Leigh, Director of Development Services re: Re... SCHEDULE C Noise Control Measures At all inverter clusters ( #1, 2, 3, 4 and 5) the inverter shall be enclosed with a minimum of 20 g steel enclosure lined with 10.16cm Oin.) of mineral wool or fibreglass, with either a coated or thin foil lining facing the inside and protected if desired by either perforated or expanded metal. All openings of the inverter enclosures shall be through acoustic louvres with the following minimum noise reduction characteristics; Qciava rum dB raID 31.5 53 125 250 500 1000 2000 4000 8000 A8aM 0 1 15 13 13 17 24 25 2D 19 Acoustic barriers are to be provided at the following locations; Coordinat es UT NAD83 Zone 17 ID E E X1 Yi X2 Y2 ORi_BarrierS 1 OR1 fib: 4.5 6 619216,1 4937607 619221.2 4937610 oR1- gwrier�2 ORi SLtr 4.5 6 619221,2 4937610 619224.4 4937605 The acoustic barriers, positioned in accordance with the coordinates in the above table, are continuous without holes, gaps and other penetrations, and having surface mass at least 20 kilograms per square metre. Page 14 - NUMBER 0002- 8TRNBP Page 137 of 277 10k) - And ria Leigh, Director of Development Services re: Re... The reasons for the imposition of these terins and conditions are as follows: 1. Conditions Al and A2 are imposed to ensure that the Facility is constructed, installed, used, operated, maintained and retired in the manner in which it was described for review and upon which Approval was granted. These conditions are also included to emphasize the precedence; of Conditions in the Approval and the practice that the Approval is based on the most current document, if several conflicting documents are submitted for review. 2 Conditions A3 And A4 are included to require the Company to provide information to the public and the local municipality. 3. Conditions A5 and A6 are included to ensure that final retirement of the Facility is completed in an aesthetically pleasing manner, in accordance with Ministry standards, and to ensure long -term protection of the health and safety of the public and the environment. 4. Condition A7 is included to require the Company to inform the Ministry of the commencement of activities related to the construction, installation and operation of the Facility. 5. Condition B is intended to limit the time period of the Approval. - 6. Condition C1 is included to provide the minimum performance requirement considered necessary to prevent an Adverse Effect resulting from the operation of the Equipment and to ensure that the noise emissions from the Equipment will be in compliance with applicable limits set in Publication NPC -232. 7. Conditions C2 and C3 are included to ensure that the Equipment is constructed, ,installed, used, operated, maintained and retired in a way that meets the regulatory setback prohibitions set out in O. Reg, 359109. S. Condition D is included to require the Company to gather accurate information so that the environmental noise impact and subsequent compliance with the Act, O. Reg. 359/09, Publication NPC -232 and this Approval can be verified. 9. Conditions E, F, H and J are included to ensure that the Facility is constructed, installed, used, operated, maintained and retired in a way that does not result in an Adverse. Effect or hazard to the natural environment or any persons. Page 15 - NUMBER 0002- 8TRN13P Page 138 of 277 10k) - And ria Leigh, Director of Development Services re: Re... 10. Condition GI is included due to the provisional nature of the supporting documentation' submitted by the Company with the application for approval for the spill containment area and sewage works. The Director has only approved the spill containment area and sewage works in principle, and this condition will ensure that, in accordance with the provisions of the Renewable Energy Approval, prior to the construction of any part of the Facility, the Director will have the opportunity to review detailed design drawings, specifications and an engineer's report containing detailed design calculations for that portion of the Facility, in order to determine the Facility's capability, to comply with the Ministry's requirements stipulated in the terms and conditions of the Approval. 11. Condition G2 is included to establish non - enforceable effluent quality objectives which the company is required to strive towards on an ongoing basis. These objectives are to be used as a mechanism to trigger corrective action proactively and voluntarily before environmental impairment occurs. 12. Condition,! is included to protect archaeological resources that may be found at the project location. 13. Condition K is included to emphasize that the Equipment must be maintained and operated according to a procedure that will result in compliance with the Act, Q. Reg. 359/09 and this Approval. 14. Condition L is included to require the Company to keep records and provide information to staff of the Ministry so that compliance with the Act, ©. Reg. 359109 and this Approval can be verified. 15 Condition M is included to ensure that any complaints regarding the construction, installation, use, operation, maintenance or retirement of the Facility are responded to in a timely and efficient manner. 16. Condition N is included to ensure that the Facility is operated under the corporate name which appears on the application form submitted for this Approval and to ensure that the Director is informed of any changes. Page 16 - NUMBER 01102- 8TRNBP Page 139 of 277 10k) - And ria Leigh, Director of Development Services re: Re... NOTICE, REGARDING HEARING In accordance with Section 139 of the Environmental Protection Act, within 15 days of ter the service of this notice, you may byfurther written notice served upon the Director, the Environmental Review Tribunal and the Environmental Commissioner, require a hearing by the Tribunal In accordance with Section 47 of the Environmental Bill ofRtghts. 1993 the Environmental Commissioner will place notice of your request for a hearing on the ,Environmental Registry. Section 142 of the Environmental Protection Act provides that the notice requiring the hearing shrill stater: 1. The portions of the renewable energy approval or each term or condition in the renewable energy approval in respect of which the hearing is required, and; 2. The grounds on which you intend to rely at the hearing in relation to each portion appealed. The signed and dated notice requiring the hearing should also include. 3. The name of the appellant; 4. The address of the appellant: 5. The renewable energy approval number; 6. The date of the renewable energy approval; 7. The name of the Director: A.. The municipality or municipalities within which the project is to be engaged in This notice must be' served ripoia.' The Secretary* The Environmental Commissioner'' The Director Environmental Review Tribunal 1075 Bay Street, 6lh Floor Section 47.5, Environmental Protection Act 655 Bay Street, 15th Floor Suite 605 Ministry of the Environment Toronto, Ontario AND Toronto, Ontario AND 2 St. Clair Avenue West, Floor 12A M5G IE5 M5S 2B1 Toronto, Ontario M4V 1L5 * Further information on the Environmental Review Tribunal's requirements for an appeal can be obtained directly from the Tribunal at: Tel: (416) 314 -4600, Fax: (416) 314 -4506 or www.ert.gov.on.ea Under Section 142.1 of the Environmental Protection Act. residents of Ontario may require a hearing by the Enivirontmental Review Tribunal within 15 days after the dray on which notice of this decision is published in the Environmental Registry. By accessing the Environmental Registry at, www.ebr.gov.on.ca, you can - determine when this period ends. Approval for the above noted renewable energy project is issued to you under Section 47.5 of the Environmental Protection Act subject to the terms and conditions outlined above. Page 17 - NUMBER 00027$TRNBP' Page 140 of 277 10k) - And ria Leigh, Director of Development Services re: Re... DATED AT TORONTO this 29th day of May, 2012' Ian Parrott, P.Eng. Director Section 47.5, Environmental Protection Act SR/ c District Manager, MOE Barrie Noel Boucher, Hatch, Page 1$ - NUMBER;G0W,8TRNBP Page 141 of 277 101) - Andria Leigh, Director of Development Services re: Re... Envird.uTtental Registry Environmental Registry Registre entin onnernental Proponent: RE Orillia 3 ULC 300 California Street Floor 7 San Francisco CALIFORNIA USA 94104 403 4t 501 i tP,ontari05 Government of Ontario Site Map Instrument Type: Approval for a renewable energy project - EPA s.47.3(1) Page 1 of 6 EBR Registry Number: 011- 5209 Ministry Reference Number: 4708- 8KYR2A Ministry: Ministry of the Environment Date Proposal loaded to the Registry: November 25, 2011 Date Decision loaded to the Registry: May 29, 2012 The Leave to Appeal Provisions indicated in the section titled "Leave to Appeal Provisions" at the end of this posting do not apply to Renewable Energy Approvals issued under 47.5 of the EPA. Please refer to NOTE: Regarding Third Party Hearing Provisions in the section titled "Decision on Instrument" instead. Keyword(s): Air I Electricity A Renewable Energy Approval has been issued to RE Orillia 3 ULC to engage in a renewable energy project in respect of a Class 3 solar facility consisting of the construction, installation, operation, use and retiring of a solar facility, with a total name plate capacity of 6.5 megawatts. The facility will be connected to Hydro One's distribution system. This Class 3 solar facility, known as RE Orillia 3, is located at North half, Lot 7, Concession 14, in the Township of Oro - Mendonte, County of Simcoe, Ontario. The noise sources to be approved at the project location consist of transformers and inverters. Emissions discharged to the atmosphere include noise. The Renewable Energy Approval requires the proponent to construct, install, operate, use and retire the facility in accordance with specific terms and conditions. The terms and conditions, as summarised below, require the proponent to: • construct and install the facility within three years of the date of the approval, • construct and install the facility in accordance with the documentation considered for the issuance of this approval, • comply with the ministry's noise emission limits at all times, • manage stormwater and control sediment erosion during and post construction, • design and construct sewage works for the electrical substation with spill containment, • not take more than 50,000 litres of water on any day by any means at the project location, Sarah Raetsen Senior Program Support Coordinator Ministry of the Environment Operations Division Environmental Approvals Branch 2 St. Clair Avenue West Floor 12A Toronto Ontario M4V 1 L5 Phone: (416) 325 -3306 Fax: (416) 314 -8452 Toll Free Phone: (800) 461- 6290 Township of Oro - Medonte Lot 7, Concession 4, Located on the east site of Line 13N, 150 Km Southeast of the intersection of Line 13N and Bass Lake Sideroad E txtt--//— x— a1--,--/ FR nnnf— +`- 9-- *,'— T`-T%4' Rnn-r 9/1/7!117 Page 142 of 277 101) - Andria Leigh, Director of Development Services re: Re... Envirorunental Registry • undertake a post construction groundwater monitoring program for two years following the commencement of construction, • properly address any archaeological resources discovered, • prepare a Traffic Management Plan for the municipality and enter into a Road Users Agreement, • maintain and operate the facility in accordance with good engineering practices and as recommended by the equipment suppliers, • maintain records of the operation and maintenance of the facility and inspections and complaints related to the facility, • notify the ministry of complaints received alleging adverse effect caused by the construction, installation, operation, use or retirement of the facility, • notify the ministry prior to a change of ownership, and • properly decommission the facility upon retirement in accordance with the Decommissioning Plan Report and any directions provided by the Director or District Manager. This renewable energy project has been approved in accordance with the requirements of Part V.0.1 of the Environmental Protection Act and Ontario Regulation 359/09. NOTE: Regarding Third Party Hearing Provisions Third Party Hearing Provisions are listed immediately below. The Leave to Appeal Provisions indicated in the section titled "Leave to Appeal Provisions" at the end of the posting do not apply to Renewable Energy Approvals issued under 47.5 of the EPA. Any resident of Ontario may require a hearing by the Environmental Review Tribunal (ERT) within 15 days after the date this Decision was loaded to the Environmental Registry (see top right of decision notice) by written notice served upon the following: Environmental Commissioner of Ontario: Environmental Commissioner of Ontario 1075 Bay Street Suite 605 Toronto Ontario M5S 2B1 Phone: (800) 701 -6454 Issuing Authority: Ian Parrott Manager Environmental Approvals Branch 2 St. Clair Avenue West Floor 12A Toronto Ontario M4V 1 L5 Phone: (416) 314 -3636 Proponent: RE Orillia 3 ULC 300 California Street, Floor 7 San Francisco CALIFORNIA USA 94101 Appellate Body: Secretary Environmental Review Tribunal 655 Bay Street Floor 15 Toronto M5G 1E5 Phone: (416) 212 -6349 Fax: (416) 314 -4506 Page 2 of 6 The following government offices have additional information regarding this Decision. To arrange a viewing of these documents please call the Ministry Contact or the Office listed below. Barrie District Office 54 Cedar Pointe Drive Barrie Ontario L4N 5R7 Phone: (705) 739 -6441 Toll Free Phone: (800) 890- 8511 Environmental Approvals Branch 2 St. Clair Avenue West Floor 12A Toronto Ontario M4V 1 L5 Phone: (416) 314 -8001 Toll Free Phone: (800) 461- 6290 The documents linked below are provided for the purposes of enhancing public consultation. All links will open in a new window 1. Renewable Energy Approval No. 9070 -8TRQM 4 1,1+v,•�i „�.T,,, -1— —, -,, 1 A .7..,. + ;,..TA -N4rr Anrr 411 17n1 'f Page 143 of 277 101) - Andria Leigh, Director of Development Services re: Re... Environmental Registry An applicant for a hearing shall state in the notice requiring the hearing, (a) a description of how engaging in the renewable energy project in accordance with the renewable energy approval will cause, (i) serious harm to human health, or (ii) serious and irreversible harm to plant life, animal life or the natural environment; (b) the portion of the renewable energy approval in respect of which the hearing is required; and (c) the relief sought. Further information is provided on the ERT's website at: hftp: / /www.ert.gov.on.ce /engIish /guides /index.htm. If you have any questions about the hearing process please consult a lawyer or contact the ERT. Public Consultation on the proposal for this decision was provided for 34 Days, from November 25, 2011 to December 29, 2011. As a result of public consultation on the proposal, the Ministry received a total of 6 comments: 0 comments were received in writing and 6 were received online. Additionally, a copy of all comments are available for public viewing by contacting the Contact person listed in this notice. A selection of these comments are available All comments received were reviewed by the ministry and considered during the review of the application. These comments have been summarized below: Decommissioning concerns: As part of the approval, a condition will be imposed requiring the proponent to update and resubmit its decommissioning plan at least 6 months prior to the retirement of the facility. Concerns related to the study methods used: Ministry of the Environment (MOE) staff have reviewed the proponent's project documentation and it has been determined that all reports comply with Ontario Regulation (O. Reg.) 359/09. Concerns related to safety impacts: The proponent provided details on a Communications and Emergency Response Plan, which will be prepared in consultation with local municipal authorities and emergency response agencies prior to the start of any construction activity being performed at the site and will be engaged through the project's life. Concerns reaarding site selection, land classification, and soil studies of the subject ro e When a proponent applies for a Feed -in Tariff (FIT) contract, the Ontario Power Authority (OPA) reviews the application and ensures that the requirement to not be located on Class 1, 2 or 3 lands has been met. The eligibility of the RE Orillia 3 Solar Project has been determined by the OPA once a FIT contract was awarded. The RE Orillia 3 Solar Project has demonstrated to the OPA that the project will be located on Class 2 and 5 lands. The Class 2 lands for this project will be used for temporary construction laydown purposes only, as is permitted by the OPA rules. Concerns with respect to public meetings: While mandatory consultation requirements are specified in O. Reg. 359/09, it is not prescriptive in regards to the techniques or methods used. The MOE has reviewed Page 3 of 6 htt - HwAanzi vhr any nn rarnnfo + A/1 /7!111) Page 144 of 277 101) - Andria Leigh, Director of Development Services re: Re... Environmental Registry the proponent's Consultation Report and deemed that it satisfies the corresponding legislative requirements outlined in O. Reg. 359/09. Concerns about impacts to soils due to solar panels located on them: The proponent's proposed seed mix will provide a dense vegetation cover that will prevent soil erosion, minimize weed growth and maintain soil productivity. Soil beneath the panels will not be toxic and weed growth will be minimized. Vegetation management will occur once the facility is operational. Concerns regarding water well contamination: As a condition of approval, there is a groundwater monitoring condition to ensure that the proponent adequately monitors the groundwater and immediately addresses any issues that arise. Concerns about noise impacts: MOE staff have reviewed the Acoustic Assessment Report provided by the proponent. MOE's noise engineers have confirmed that the project complies with the noise standards for solar facilities. Further, the Acoustic Assessment Report and the Project have met the requirements of O. Reg. 359/09. Concerns related to setbacks for neighbouring properties: Proponents of solar projects must ensure that they meet the ministry's setback of 40 dBA from the nearest point of reception. Based on the results of the Acoustic Assessment study for the RE Orillia 3 Solar Project, it is concluded that the sound pressure levels at the points of reception will be below MOE requirements for Class 3 areas of 40 dBA. Concerns related to the input of municipalities: Municipal consultation is an important part of the Renewable Energy Approval (REA) process. Both the Township of Oro - Medonte and County of Simcoe have submitted Municipal Consultation Forms. The MOE has ensured that their comments have been considered. Concerns regarding the removal of water from the water table: The proponent has confirmed that no significant water taking activities will be required for the project. Any water required for construction and /or operational purposes would be sourced from an approved ofrsite source. Concerns related to the cleaning of panels: The proponent has noted in the Consultation Report that only water will be used for panel washing. Concerns related to the monitoring of the solar facility: The proponent must construct, install, operate, use and retire the facility in accordance with the conditions of approval, which are based on the REA application that was submitted to the MOE for approval. If a facility is found to be constructed, installed, operated, used and retired in a manner not approved under their REA, they can be charged under the Environmental Protection Act. Concern about seepage and flooding on the rp operty: A site investigation was undertaken and it appeared unlikely that the areas of concern would constitute a seepage area, since there is no evidence of groundwater emergence into a surface water supply. Based on this assessment, these areas do not meet the definition of seepage area under O. Reg. 359109. Concerns about impacts to wildlife: Wildlife habitat was considered by the proponent in its Natural Heritage Assessment (NHA). Ministry of Natural Resources staff have reviewed the NHA and found it to be acceptable. Concern about replacement of transmission poles in advance of an approval: The OPA is investing in the upgrading of transmission lines to allow for greater investment in generation. This includes addition of transmission lines in various Page 4 of 6 httn• / /unxrxxT ehr anv nn 1n?nnt;- 1,1 =T%AT'POC)T All /7(117 Page 145 of 277 101) - Andria Leigh, Director of Development Services re: Re... Environmental Registry Page 5 of 6 areas of the province. Rights to resources under Chapter 11 of NAFTA: This comment does not pertain to the project; therefore, MOE staff did not consider this comment in the decision making process. Note — This is the end of the decision notice. Please disregard the "Leave to Appeal Provisions" section below. Any resident of Ontario may seek leave to appeal this decision, by serving written Notice, within 15 days of May 29, 2012 upon the following: Environmental Commissioner of Ontario: Environmental Commissioner of Ontario 1075 Bay Street Suite 605 Toronto Ontario M5S 2131 Phone: (416) 325 -3377 Toll Free Phone: (800) 701 -6454 Issuing Authority: Ian Parrott Manager Environmental Approvals Branch 2 St. Clair Avenue West Floor 12A Toronto Ontario M4V 1 L5 Phone: (416) 314 -3636 Toll Free Phone: (800) 461 -6290 Proponent: RE Orillia 3 ULC 300 California Street Floor 7 San Francisco CALIFORNIA USA 94104 Appellate Body: Secretary Environmental Review Tribunal 655 Bay Street Floor 15 Toronto M5G 1 E5 Phone: (416) 212 -6349 Fax: (416) 314 -4506 An applicant for a hearing shall state in the notice requiring the hearing, (a) a description of how engaging in the renewable energy project in accordance with the renewable energy approval will cause, (i) serious harm to human health, or (ii) httn• / /iuunar ahr anv nn ra/FR rl ?—t;— YA=XATPf)nT A/1 /7(117 Page 146 of 277 101) - Andria Leigh, Director of Development Services re: Re... Environmental Registry Page 6 of 6 serious and irreversible harm to plant life, animal life or the natural environment; (b) the portion of the renewable energy approval in respect of which the hearing is required; and (c) the relief sought. Further information is provided on the ERT's website at: http://www.ert.gov.on.ca/english/guides/index.htm If you have any questions about the hearing process please consult a lawyer or contact the ERT. The attached Certificate document is intended for posting on the Environmental Registry in order to provide the reader with the substantive content of the issued instrument. Please note the official version may be differently formatted or otherwise contain minor variations from this version. The materials on this web site are protected by Crown copyright. You may copy and re- distribute any of the Environmental Bill of Rights information on this web site provided that the contents remain unchanged and the source of the contents is clearly referenced. You are not permitted to alter or add to the contents. ONTARIO HOME I CONTACTS I HELP I SITEMAP I FRANCAIS This site is maintained by the Government of Ontario, Canada. PRIVACY I IMPORTANT NOTICES Copyright information: © Queen's Printer for Ontario. 1994 -2012 httn• / /vjww ehr cnv nn ca/FRC- ViF'.R- External /rlisnlavnntirernntPnt t1n?nnfirpTd= MT -P0C)T All /'Jf117 Page 147 of 277 101) - Andria Leigh, Director of Development Services re: Re... Ministry of the Environment t)�OntarloMinistere de I'Environnement RENEWABLE LE ENERGY APPROVAL NUMBER 9070- STRQM4 Issue Date; May29, 2012 RE Orillia 3 ULC 300 California St 7th Floor San Francisco, California USA 94104 Project Lot 7, Concession 14 Location., Oro- Medonte Township, County of Simcoe LOL 2X0 You have applied in accordance with Section 47.4 of the Environmental Protection Act for approval to engage in a renewable energy project in respect of a Glass 3 solar facility consisting of the following: - the construction, installation, operation, use and retiring of a Class 3 solar facility with a total name plate capacity of up to approximately 6.5 megawatts (AC). For the purpose of this renewable energy approval, the following definitions apply: 1. "Acoustic Assessment Report" means the report included in the Application and entitled RE Orillia 3 Solar Project, Noise Assessment Study Report ", dated April 17, 2012, prepared by Hatch, and signed by Renee Kenny and Oleg Belashov of Hatch on April 17,2012; 2. "Acoustic Audit" means an investigative procedure consisting of measurements and/or acoustic modelling of all sources of noise emissions due to the operation of the Equipment, assessed to determine compliance with the Noise Performance Limits set out in this Approval;: 3, "Acoustic Audit Report" means a report presenting the results of an Acoustic Audit; 4. "Acoustical Consultant" means a person currently active in the field of environmental acoustics and noise /vibration control, who is knowledgeable about Ministry noise guidelines and procedures and has a combination of formal university education, training and experience necessary to assess noise emissions from solar facilities; 5. "Act" means the Environmental Protection Act - R.S.O 1990, c.E.19, as amended, Pagel - NUMBER 9070- $TRQM4 Page 148 of 277 101) - Andria Leigh, Director of Development Services re: Re... 6.. "Adverse Effect" has the same meaning as in the Act; 7. "Application" means the application for a Renewable Energy Approval dated August 9, 2011, and signed by Sheldon Kimber, Senior Vice President North America Development, RE Orillia 3 ULC and all supporting documentation submitted with the application, including amended documentation submitted up to February 27, 2012, 8. "Approval" means this Renewable Energy Approval issued in accordance with Section 47.4 of the Act, including any schedules to it; 9. "A- weighting" means the frequency weighting characteristic as specified in the International Electrotechnical Commission (IEC) Standard 61672, and intended to approximate the relative sensitivity of the normal human ear to different frequencies (pitches) of sound. It is denoted as "A' 10. "A- weighted Sound Pressure Level" means the Sound Pressure Level modified by application of an A- weighting network. It is measured in decibels, A- weighted, and denoted "dBA ", 11. "Class l Area" means an area with an acoustical environment typical of a major population centre, where the background sound level is dominated by the activities of people, usually road traffic, often referred to as "urban hum" 12. "Class 2 Area" means an area with an acoustical environment that has qualities representative of both Class I and Class 3 Areas: (a) sound levels characteristic of Class. I during daytime (07;00 to 19:00 or to 23:00 hours); (b) low evening and night background sound level defined by natural environment and infrequent human activity starting as early as 19:00 hours (19 :00 or 23 :00 to 07:00 hours); (c) no clearly audible sound from stationary sources other than from those under impact assessment. 13. "Class 3 Area" means a rural area with an acoustical environment that is dominated by natural sounds having little or no road traffic, such as the following: (a) a small community with less than 1`000 population; (b) agricultural area; (c) a rural recreational area such as a cottage or a resort area; or (d) a wilderness area. J4. "Company„ means RE Orillia 3 ULC and includes its successors and assignees; Page 2 - NUMBER 9070- 8TRQM4 Page 149 of 277 101) - Andria Leigh, Director of Development Services re: Re... 15. "Decibel" means a dimensionless measure of Sound Level or Sound Pressure Level, denoted as dB; 16. "Director" means a person appointed in writing by the Minister of the Environment pursuant to section 5 of the Act as a Director for the purposes of section 47.5 of the Act; 17. "District Manager" means the District Manager of the appropriate local district office of the Ministry where the Facility is geographically located; 18. "Equipment" means the thirteen (13) inverters, four (4) transformers, and one (1) transformer substation, and associated ancillary equipment identified in this Approval and as further described in the Application, to the extent approved by this Approval; 19. "Equivalent Sound Level" is the value of the constant sound level which would result in exposure to the same total A- weighted energy as would the specified time - varying sound, if the constant sound level persisted over an equal time interval. It is denoted Leq and is measured in dB A- weighting (dBA); 20. "Facility" means the renewable energy generation facility, including the Equipment, as described in this Approval and as further described in the Application, to the extent approved by this Approval; 21. "Independent Acoustical Consultant" means an Acoustical Consultant who is not representing the Company and was not involved in preparing the Acoustic Assessment Report. The Independent Acoustical Consultant shall not be retained by the Acoustical Consultant involved in the noise impact assessment; 22. "Ministry" means the ministry of the government of Ontario responsible for the Act and includes all officials, employees or other persons acting on its behalf; 23. "'Noise Control Measures" means measures to reduce the noise emissions from the Facility and /or Equipment including, but not limited to, barriers, silencers, acoustical louvres, hoods and acoustical treatment, described in the Acoustic Assessment Report and Schedule C of this Approval, 24. "Noise Receptor" has the some meaning as in O. Reg, 359/09; 25. "O. Reg. 359/09" means Ontario Regulation 359/09 "Renewable Energy Approvals under Part V.0.1 of the Act" made under the Act; 26. "Point or Reception" has the same meaning as in Publication NPC -205 or Publication, NPC-=, as applicable, and -is subject to the same qualifications described in those documents; 27. "Publication NPC -103" means the Ministry Publication NPC -103, "Procedures". August 1978; 28. "Publication NPC- 104" means the Ministry Publication NPC -1'04, "Sound Level Adjustments ", August 1978; Page 3 - NUMBER 9070- 8TRQM4 Page 150 of 277 101) - Andria Leigh, Director of Development Services re: Re... 29. "Publication NPC -205" means the Ministry Publication NPC- 205, "Sound Level Limits for Stationary Sources in Class I & 2 Areas (Urban) ", October 1995; 30. "Publication NPC -232" means the Ministry Publication NPC -232, "Sound Level Limits for Stationary Sources in Class 3 Areas (Rural) ", October 1995; 31. "Publication NPC -233" means the Ministry Publication NPC -233, "Information to be Submitted for Approval of Stationary Sources of Sound ", October 1995; 32. "Sound Level " means the A- weighted Sound Pressure Level; 33. "Sound Level Limit" is the limiting value described in terms, of the one hour A-weighted Equivalent Sound Level Lpq; 34.. "Sound Power Level" means ten times the logarithm to the base of 10 of the ratio of the sound power (Watts) of a noise source to standard reference power of 101' Watts; 35. "Sound Pressure" means the instantaneous difference between the actual pressure and the average or barometric pressure at a given location. The unit of measurement is the micro pascal'(PPa); 36. "Sound Pressure Level" means twenty times the logarithm to the base 10 of the ratio of the effective pressure (pPa) of a sound to the reference pressure of 20 µPa; 37 "UTM" means Universal Transverse Mercator coordinate system. You are hereby notified that this approval is issued to you subject to the terms and conditions outlined below. TERMS AND CONDITIONS A- GENERAL Al. The Company shall construct, install, use, operate, maintain and retire the Facility in accordance with the terms and conditions of this Approval and the Application and in accordance with the following; schedules attached hereto: Schedule A - Facility Description Schedule B - Coordinates of the Equipment and Noise Specifications Schedule C'- Noise + Control; Measures A2. Where there is a conflict between a provision of this Approval and any document submitted by the Company, the conditions in this Approval shall take precedence. Where there is a conflict between one or more of the documents submitted by the Company, the document hearing the most recent date 'shall take: precedence. Page 4 - NUMBER 9070- 8TRQM4. Page 151 of 277 101) - Andria Leigh, Director of Development Services re: Re... A3. The Company shall ensure a copy of this Approval is; (1) accessible, at all times, by Company staff operating the Facility and; (2) submitted to the clerk of each local municipality and upper -tier municipality in which the Facility is situated. A4. if the Company has a publicly accessible 'website,_the Company shall ensure that the Approval and the Application are posted on the Company's publicly accessible website within five (5) business days of receiving this Approval. A5. The Company shall, at least six (6) months prior to the anticipated retirement date of the entire Facility, or part of the Facility, review its Decommissioning Plan Report to ensure that it is still accurate. If the Company determines that the Facility cannot be decommissioned in accordance with the Decommissioning Plan Report, the Company shall provide the Director and District Manager a written description of plans for the decommissioning of the Facility. A6. The Facility shall be retired in accordance with the Decommissioning Plan Report and any directions provided by the Director or District Manager. AT The Company shall provide the District Manager and the Director advance written notice of the following; (1) the commencement of any construction or installation activities at the project location; and (2) the start of commercial operation of the Facility. B - EXPIRY OF APPROVAL B 1. Construction and installation of the Facility must be completed within three (3) years of the later of: (1) the date this Approval is issued; or (2) if there is a hearing or other, litigation in respect of the issuance of this Approval, the date that this hearing or litigation is disposed of, including all appeals. 132. This Approval ceases to apply in respect of any portion of the Facility not constructed or installed before the later of the dates identified in Condition S1. Page ;5 - NUMBER 9070- 8TRQM4' Page 152 of 277 101) - Andria Leigh, Director of Development Services re: Re... C - NOISE PERFORMANCE LIMITS Cl. The Company shall ensure that: (1) the Sound Levels from the Equipment, at the Points of Reception identified in the Acoustic Assessment Report, comply with the Sound Level Limit of 40 dBA as described in Publication NPC -232; (2) the Equipment is constructed and installed at either of the following locations: (a) at the locations identified in Schedule B of this Approval; or, (b)- at a location that does not vary by more than 10 metres from the locations identified in Schedule B of this Approval and provided that, i) the Equipment will comply with Condition C1 (1), and ii) all setback prohibitions established under Q. Reg. 359109 are complied with. (3) all of the Noise Control Measures, including enclosures for all inverter clusters, described in the Acoustic Assessment Report, are fully implemented prior to the commencement of the operation of the Facility. C2. If the Company determines that some or all of the Equipment cannot be constructed in accordance with Condition C1 (2), prior to the construction and installation of the Equipment in question, the Company' shall apply to the Director for an amendment to the terms and conditions of the Approval, C3. Within three (3) months of the completion of the construction of the Facility, the Company shall submit to the Director a written confirmation signed by an individual who has the authority to bind the Company that the UTM coordinates of the "as constructed" Equipment comply with the requirements of Condition C'1(2). D ACOUSTIC AUDIT Dl. The Company shall carry out an Acoustic Audit in accordance with the procedures set out in Publication NPC -103, And shall submit to the District Manager and the Director an Acoustic Audit Report prepared by an Independent Acoustical Consultant in accordance with the requirements of Publication NPC -233, no later than six (6) months after the commencement ofthe operation of the Facility. Page 6 - NUMBER'9,070- STRQM4 Page 153 of 277 101) - Andria Leigh, Director of Development Services re: Re... E - GROUNDWATER MONITORING El. Prior to the construction and installation of the Facility, the Company shall develop and implement for a minimum of two (2) years after the start of construction, a post construction groundwater monitoring program, which shall include as a- minimum the following information: (1) Identification of groundwater monitoring wells to be established at appropriate up and down ,gradient boundary locations within the project location. (2) Identification of groundwater monitoring parameters, monitoring frequency, and trigger concentrations based on appropriate information as deemed necessary for the monitoring wells as described in Condition E1 (a). E2. The Company shall report; the summary of the results of the groundwater sampling and monitoring program on an annual basis to the District Manager. F - STORMWATER MANAGEMENT Fl. The Company shall employ best management practices for stormwater management and sediment and erosion control during construction, installation, use, operation, maintenance and retiring of the Facility, as outlined in the Application. G - SEWAGE WORKS Gl. The Company shall, within three (3) months of issuance of this Approval and prior to commencement of operation of the Facility retain an independent Professional Engineer licensed in Ontario and familiar with electrical transformer, substations and its associated sewage works to prepare a design report on the spill containment facility and, obtain approval from the Director for a substation transformer spill containment area and associated sewage works that shall contain the following: (1) final design drawings and specifications of the spill containment and associated sewage works, (2) an operation and maintenance procedures manual including an emergency/contingency plan; and (3) a monitoring program, including a groundwater monitoring program in the event of subsurface disposal system. Page 7 - NUMBER 9070- 8TRQM4 Page 154 of 277 101) - Andria Leigh, Director of Development Services re: Re... G2. The Company shall design the sewage works in Condition uch that the , entrwion of the effluent parameter named in the table below does not excee the maximum concentration objective shown for that parameter in the effluent, and shall comply with the following requirements: Effluent Parameters Maximum Concentration Objective Oil and Grease 15mg /L (1) notify the District Manager as soon as reasonably possible of any exceedance of the maximum concentration objective set out in the table above; (2) take immediate action to identify the cause of the exceedance; and (3) take immediate action to prevent further exceedances. H . WATER TAKING ACTIVITIES 111, The Company shall not take more than 50,000 litres of water on any day by any means during the construction, installation, use, operation, maintenance and retiring of the Facility. I - ARCHAEOLOGICAL RESOURCES 11. The Company shall implement all of the recommendations, if any, for further archaeological fieldwork and for the protection of archaeological sites found in the consultant archaeologist's report included in the Application, and which the Company submitted to the Ministry of Tourism and Culture and Sport in order to comply with clause 22 (2)(b) of 0. Reg. 359/09. I2. Should any previously undocumented archaeological resources be discovered, the Company shall: (1) cease all alteration of the area in which the resources were discovered immediately; (2), engage a consultant archaeologist to carry out the archaeological fieldwork necessary to further assess the area and to either protect and avoid or excavate any sites in the area in accordance with the Ontario Heritage Act,the regulations under that act and the Ministry of Tourism and Culture's< "Standards and Guidelines for Consultant Archaeologists" and (3) notify the Director as soon as reasonably possible. Page 8 - NUMBER 9070= 8TRQM4 Page 155 of 277 101) - Andria Leigh, Director of Development Services re: Re... J TRAFFIC MANAGE ME NT PLANNING J1. Within three (3) months of receiving this Approval, the Company shall prepare a Traffic Management Plan and provide it to the Township of Oro - Medonte. J2. Within three (3) months of having provided the Traffic Management Plan to the Township of Oro- Medonte, the Company shall snake reasonable efforts to enter into a Road Users Agreement with the Township of Oro - Medonte, J3. if a Road Users Agreement has not been signed with the Township p of Oro- Medonte within three (3) months of having provided the Traffic Management Plan to the Township of Oro- Medonte, the Company shalt provide a written explanation to the Director as to why this has not occurred. K - OPERATION AND MAINTENANCE K1:< Prior to the commercial operation of the Facility, the Company shall prepare a written manual for use by Company staff outlining the operating procedures and a maintenance program for the Equipment that includes as a minimum the following: (1) routine operating and maintenance procedures in accordance with good engineering practices and as recommended by the Equipment suppliers; (2) emergency procedures; (3) procedures for any record keeping activities relating to operation and maintenance of the Equipment; and (4) all appropriate measures to minimize noise emissions from the Equipment. K2 The Company shall; (1) update, as required, the manual described in Condition K1 and (2) make the manual described in Condition Kl available for review by the Ministry upon request. K3. ' The Company shall ensure that the Facility is operated and maintained in accordance with the Approval and the manual described in Condition K1.' Page' 9 - NUMBER 9070- 8,TRQM4 Page 156 of 277 101) - Andria Leigh, Director of Development Services re: Re... L - RECORD CREATION AND RETENTION U. The Company shall create written records consisting of the following: (l) an operations log summarizing the operation and maintenance activities of the Facility, (2) within the operations log, a summary of routine and Ministry inspections of the Facility; and (3) a record of any complaint alleging an Adverse Effect caused by the construction, ;installation, use, operation, maintenance or retirement of the Facility. L.2. A record described under Condition Ll (3) shall include: (1) a description of the complaint that includes as a minimum the following: a) the date and time the complaint was made; b) the name, address and contact information of the person who submitted the complaint; (2) a description of each incident to which the complaint relates that includes as a minimum the following: a) the date and time of each incident; b)' the duration of each incident; C) the wind speed and wind direction at the time of each incident; d) the ID of the Equipment involved in each incident and its output at the time of each incident; e) the location of the person who submitted the complaint at the time of each incident; and (3) a description of the treasures taken to address the cause of each incident to which the complaint relates and to prevent a similar occurrence in the future. L3. The Company shall retain, fora minimum of five (S) years' from the date of their creation, all records described in Condition Ll, and make these' records' available for review by the Ministry upon request. Page 10 - NUMBER ;9070- 8TR.QM4' Page 157 of 277 101) - Andria Leigh, Director of Development Services re: Re... M - NOTIFICA,'TION OF COMPLAINTS M1. The Company shall notify the District Manager of each complaint within two (2) business days of the receipt of the complaint. M2, Company shall provide the District Manager with the written records created under Condition K2 within eight (8) business days of the receipt of the complaint. M3. If the Company receives a complaint related to groundwater, the Company shall contact the District Manager within one (1) business day of the receipt of the complaint to discuss appropriate measures to manage any potential groundwater issues. N CHANGE OF OWNERSHIP N1. The Company shall notify the Director in writing, and forward a copy of the notification to the District Manager, within thirty (30) days of the occurrence of any of the following changes: (1) the ownership of the Facility; (2) the operator of the Facility;,; (3) the address of the Company; (4) the partners, where the Company is or at any time becomes a partnership and a copy of the most recent declaration filed under the Business NamesAct,R.S.t7, 1990, c.B.17, as amended, shall be included in the notification; and (5) the name of the corporation where the Company is or at any time becomes a corporation, other than ,a municipal corporation, and a copy of the most current information filed under the Corporations Information Act, R.S.O. 1990, c. C.39, as amended, ,shall be included in the notification. Page 11- NUMBER 9070- 8TRQM4 Page 158 of 277 101) - Andria Leigh, Director of Development Services re: Re... SCHEDULE A Facility Description The Facility shall consist of the construction, installation, operation, use and retiring of the following; (a) Four (4) arrays of photovoltaic (PV) modules or panels with a total name plate capacity of up to approximately six and one -half (6..5) megawatts (AC), with three arrays containing one (1) cluster consisting of four (4) 500 kW inverters and one (1) 480 -V /13.8- kV/2 -MVA transformer, and one array containing one (1) cluster consisting of one (1) 500 kW inverters and one (1) 480 -V /13,8- kV /0.5 -MVA transformer ; and (b) associated ancillary equipment, systems and technologies including one (1) transformer substation, on -site access roads, underground cabling and overhead distribution lines, all in accordance with the Application. Page 159 of 277 101) - Andria Leigh, Director of Development Services re: Re... SCHEDULE B Coordinates of the Equipment and Noise Specifications Coordinates of the Equipment are listed below in UTM, Z17 -NAD83 projection: Note: The inverter Sound Power Level values in the above table correspond to the combined output of all inverters in the cluster, and include the 5 Decibel (dB) adjustment for tonality as prescribed in Publication NPC -104. Page 13 - NUMBER 4070 -8 TRQM4 Page 160 of 277 101) - Andria Leigh, Director of Development Services re: Re... SCHEDULE C Noise Control Measures At inverter clusters #1, 2, and 3, the inverter shall be enclosed with a minimum of 20 ga steel enclosure lined with 10.16cm (4in.) of mineral wool or fibreglass, with either a coated or thin foil lining facing the inside and protected if desired by either perforated or expanded metal. All openings of the inverter enclosures shall be through acoustic louvres with the following minimum noise reduction characteristics; Octave Spectr um d8 raID 31.5 63 125 250 500 1000 200D Q000 80t)0 A8370 0 1, 15 13 13 17 24 1 25 20 1 15 Page 161 of 277 101) - Andria Leigh, Director of Development Services re: Re... The reasons for the imposition of these teens and conditions are as follows: 1. Conditions Al and A2 are imposed to ensure that the Facility is constructed, installed, used, operated, maintained and retired in the manner in which it was described for review and upon which Approval was granted. These conditions are also included to emphasize the precedence of Conditions in the Approval and the practice that the Approval is based on the most current document, if several conflicting documents are submitted for review. 2. Conditions A3 and A4 are included to require the Company to provide information to the public and the local municipality. 3. Conditions A5 and A6 are included to ensure that final retirement of the Facility is completed in an aesthetically pleasing manner, in accordance with Ministry standards, and to ensure long -term protection of the health and safety of the public and the environment. 4. Condition A7 is included to require the Company to inform the Ministry of the commencement of activities related to the construction, installation and operation of the Facility. 5. Condition B is intended to limit the time period of the Approval, 6. Condition C1 is included to provide the minimum performance requirement considered necessary to prevent an Adverse Effect resulting from the operation of the Equipment and to ensure that the noise emissions from the Equipment will be incompliance with applicable limits set in Publication NPC -232. 7. Conditions C2 and C3 are included to ensure that the Equipment is constructed, installed, used, operated, maintained and retired in a way that meets the regulatory setback prohibitions set out in 0. Reg. 359/09. 8. Condition D is included to require the Company to gather accurate information so that the environmental noise impact and subsequent compliance with the Act, 0. Reg. 359/09, Publication NPC -232 and this Approval can be verified: i 9. Conditions E, F. H and J are included to ensure that the Facility is constructed, installed, used, operated, maintained and retired in a way that does not result in an Adverse Effect or hazard to the natural environment or any persons. 10. Condition G1 is included due to the provisional nature of the supporting documentation submitted by the Company with the application for approval for the spill containment area and sewage works, The Director has only approved the spill containment area and sewage works in principle, and this condition will ensure that, in accordance with the provisions of the Renewable Energy Approval, prior to the construction of any part of the Facility, the Director will have the opportunity to review detailed design drawings, specifications and an engineer's report containing detailed design calculations for that portion of the Facility, in order to determine the Facility's capability to comply with the Ministry's' requirements stipulated in the terms and conditions of the Approval. Page E5 - NUMBER 9070- 8TRQM4 Page 162 of 277 101) - Andria Leigh, Director of Development Services re: Re... 11. Condition G2 is included to establish non- enforceable effluent quality objectives which the company is required to strive towards on an ongoing basis. These objectives are to be used as a mechanism to trigger corrective action proactively and voluntarily before environmental impairment occurs. 12. Condition I is included to protect archaeological resources that may be found at the project location. 13. Condition K is included to emphasize that the Equipment must be maintained and operated according to a procedure that will result in compliance with the Act, 0. Reg. 359/09 and this Approval. 14. Condition L is included to require the Company to keep records and provide information to staff of the Ministry so that compliance with the Act, 0. Reg. 359/09 and this Approval can be verified. 15. Condition M is included to ensure that any complaints regarding the construction, installation, use, operation, maintenance or retirement of the Facility are responded to in a timely and efficient manner. 16. Condition N is included to ensure that the Facility is operated under the corporate name which appears on the application form submitted for this Approval and to ensure that the Director is informed of any changes. NOTICE REGARDING HEARINGS 1 In accordance with Section 139 of the Environmental Protection Act within 15 days after the service of this notice, you may by further written notice served upon the Director, the Environmental Review Tribunal and the Environmental Commissioner, require a hearing by the Tribunal. In accordance with Section 47 of the Environmental Bill of Rights, 1993, the Environmental Commissioner will place notice of your request far a hearing on the Environmental Registry. - Section 142 of the Environmental Protection Act provides that the notice requiring the hearing - shall state: 1. The portions of the renewable energy approval or each term or condition in the renewable energy approval in respect of which the hearing is required, and; 2. The grounds ,on which you intend to rely at the hearing in relation to each portion appealed. The signed and dated notice requiring the hearing should also include: 3. The name of the ,appellant; 4. The address of the appellant; 5. The renewable energy approval number; 6. The date of the renewable energy approval; 7. The name of the Airector, B. The municipality or municipalities within which the project is to be engaged in; Page 16 - NUMBER '9070- 8TRQM44 Page 163 of 277 101) - Andria Leigh, Director of Development Services re: Re... This notice must be served upon: The Secretary* The Environmental Commissioner The Director Environmental Review Tribunal- 1075 Bay Street, 6th Floor Section 47.5, Environmental Protection Act 655 Bay Street, 15th Floor Suite 605 Ministry of the Environment Toronto, Ontario AND Toronto, Ontario AND 2 St. Clair Avenue West, Floor 12A M5G 1E5 M5S 2Bl Toronto, Ontario M4V ILS Further information on the Environmental Review Tribunal's requirements for an appeal can be obtained directly from the Tribunal at: Tel: (416) 314 -4600, Fax: (416) 314.4506 or www.ert.gov.on.ca Under Section 142.1 of the Environmental Protection Act residents of Ontario may require a hearing by the Environmental, Review Tribunal within 15 clays after the clay on which notice of this decision is published in the Environmental Registry. By accessing the Environmental Registry at www.ebrgov.on.ca, you can determine when this period ends. Approval for the above noted renewable energy project is issued to you under Section 47.5 of the Environmental Protection Act subject to the teens and conditions outlined above. DATED AT TORONTO this 29th day of May, 2012 Ian Parrott, P.Eng, Director Section 47.5, Environmental Protection Act SR/ c: District Manager, MOE Barrie Noel Boucher, Hatch Page 17 - NUMBER 9070- 8TRQM4' Page 164 of 277 10m) - And ria Leigh, Director of Development Services re: Re... Environmental Registry Environmental Registry Registre environnemerdal Proponent: RE Midhurst 4 ULC 300 California Street Floor 7 San Francisco CALIFORNIA USA 94101 bo3 1415 U Vv Ontarid Government of Ontario Site Map Instrument Type: Approval for a renewable energy project - EPA s.47.3(1) Page 1 of 6 EBR Registry Number: 011- 5212 Ministry Reference Number: 0253- 8KYR6S Ministry: Ministry of the Environment Date Proposal loaded to the Registry: November 25, 2011 Date Decision loaded to the Registry: May 29, 2012 The Leave to Appeal Provisions indicated in the section titled "Leave to Appeal Provisions" at the end of this posting do not apply to Renewable Energy Approvals issued under 47.5 of the EPA. Please refer to NOTE: Regarding Third Party Hearing Provisions in the section titled "Decision on Instrument" instead. Keyword(s): Air I Electricity A Renewable Energy Approval has been issued to RE Midhurst 4 ULC (owned by Recurrent Energy) to engage in a renewable energy project in respect of a Class 3 solar facility consisting of the construction, installation, operation, use and retiring of a solar facility, with a total name plate capacity of 6.5 megawatts (MW). The facility will be connected to Hydro One's distribution system. This Class 3 solar facility, known as RE Midhurst 4 Solar Project, is located at Lot 20, Part 1, Concession 6, Township of Oro - Medonte, County of Simcoe, Ontario. The noise sources to be approved at the project location consist of transformers and inverters. Emissions discharged to the atmosphere include noise. The Renewable Energy Approval requires the proponent to construct, install, operate, use and retire the facility in accordance with specific terms and conditions. The terms and conditions, as summarised below, require the proponent to: • construct and install the facility within three years of the date of the approval, • construct and install the facility in accordance with the documentation considered for the issuance of this approval, comply with the ministry's noise emission limits at all times, manage stormwater and control sediment erosion during and post construction, • design and construct sewage works for the electrical substation with spill containment, • not take more than 50,000 litres of water on any day by any means at the Sarah Raetsen Senior Program Support Coordinator Ministry of the Environment Operations Division Environmental Approvals Branch 2 St. Clair Avenue West Floor 12A Toronto Ontario MW 1 L5 Phone: (416) 325 -3306 Fax: (416) 314 -8452 Toll Free Phone: (800) 461- 6290 Lot 20, Part 1, Concession 6 Township of Oro - Medonte httn• /Ivj"T ai (-.hr onv nn en/ F. RC- WF. R- Fx-FPrnnl /rlisnlnvnnticecnntent rin7nnticPTr1= MT'P0C)T F/1 /X11 Page 165 of 277 10m) - And ria Leigh, Director of Development Services re: Re... Envi-rontnental Registry Page 2 of 6 project location, The following government ® undertake a post construction groundwater monitoring program for two years offices have additional following the commencement of construction, information regarding this properly address any archaeological resources discovered, Decision. To arrange a prepare a Traffic Management Plan for the municipality and enter into a viewing of these documents Road Users Agreement, please call the Ministry a maintain and operate the facility in accordance with good engineering Contact or the Office listed practices and as recommended by the equipment suppliers, below. maintain records of the operation and maintenance of the facility and inspections and complaints related to the facility, Barrie District Office a notify the ministry of complaints received alleging adverse effect caused by 54 Cedar Pointe Drive the construction, installation, operation, use or retirement of the facility, Barrie Ontario n notify the ministry prior to a change of ownership, and L4N 5R7 properly decommission the facility upon retirement in accordance with the Phone: (705) 739 -6441 Decommissioning Plan Report and any directions provided by the Director or Toll Free Phone: (800) 890- District Manager. 8511 This renewable energy project has been approved in accordance with the requirements of Part V.0.1 of the Environmental Protection Act and Ontario Regulation 359/09. NOTE: Regarding Third Party Hearing Provisions Third Party Hearing Provisions are listed immediately below. The Leave to Appeal Provisions indicated in the section titled "Leave to Appeal Provisions" at the end of the posting do not apply to Renewable Energy Approvals issued under 47.5 of the EPA. Any resident of Ontario may require a hearing by the Environmental Review Tribunal (ERT) within 15 days after the date this Decision was loaded to the Environmental Registry (see top right of decision notice) by written notice served upon the following: Environmental Approvals Branch 2 St. Clair Avenue West Floor 12A Toronto Ontario M4V 1 L5 Phone: (416) 314 -8001 Toll Free Phone: (800) 461- 6290 The documents linked below are provided for the purposes of enhancing public consultation. All links will open in a new window Environmental Commissioner of Ontario: 1. Renewable Energy Approval Environmental Commissioner of Ontario No. 7410 -8U6MX 1075 Bay Street g Suite 605 Toronto Ontario M5S 281 Phone: (800) 701 -6454 Issuing Authority: Ian Parrott Manager Environmental Approvals Branch 2 St. Clair Avenue West Floor 12A Toronto Ontario M4V 1 L5 Phone: (416) 314 -3636 Proponent: RE Midhurst 4 ULC 300 California Street, 7th floor San Francisco CALIFORNIA USA 94101 Appellate Body: Secretary Environmental Review Tribunal 655 Bay Street Floor 15 Toronto M5G 1E5 Phone: (416) 212 -6349 1�44rx• / /xxnxn:> alter —, n- 11A ;ay.lo. -- +; ------ - . + K11 /7!117 Page 166 of 277 1Om) - And ria Leigh, Director of Development Services re: Re... Environmental Registry Fax: (416) 314 -4506 An applicant for a hearing shall state in the notice requiring the hearing, (a) a description of how engaging in the renewable energy project in accordance with the renewable energy approval will cause, (i) serious harm to human health, or (ii) serious and irreversible harm to plant life, animal life or the natural environment; (b) the portion of the renewable energy approval in respect of which the hearing is required; and (c) the relief sought. Further information is provided on the ERT's website at: http://www.ert.gov.oii.ca/english/q-uides/index.htm. If you have any questions about the hearing process please consult a lawyer or contact the ERT. Public Consultation on the proposal for this decision was provided for 34 Days, from November 25, 2011 to December 29, 2011. As a result of public consultation on the proposal, the Ministry received a total of 3 comments: 0 comments were received in writing and 3 were received online. Additionally, a copy of all comments are available for public viewing by contacting the Contact person listed in this notice. A selection of these comments are available: All comments received were reviewed by the ministry and considered during the review of the application. These comments and the Ministry of the Environment's (MOE's) response have been summarized below: Concerns regarding site selection, land classification, and soil studies of the subiect property: The RE Midhurst 4 Solar Project is not located on any Class 1 lands. No permanent project components will be installed on the Class 2 lands; however, temporary construction laydown and parking areas may be installed during construction, as is allowed under the Feed -in Tariff rules. The Class 3 lands on the project site have been designated as being Class 3 Available Lands for the RE Midhurst 4 Solar Project. Concerns related to the cost of energy: About 40% of Ontario's electricity generation is subject to price regulation, contributing significantly to predictable prices for Ontario consumers. Regulated Price Plan (RPP) rates (adjusted every six months) ensure pricing reflects the true cost of generating electricity. Concerns regarding water well contamination: As part of the approval, there will be a groundwater monitoring condition to ensure that the applicant adequately monitors the groundwater and immediately addresses any issues that arise. Concerns regarding the removal of water from the water table: The applicant has confirmed that no significant water taking activities will be required for the project. Any water required for construction and /or operational purposes would be sourced from an approved offsite source. Concerns related to the cleaning of panels: Page 3 of 6 httn• / %ananv Phr vnv nn cn/RR C_WFR_ External /rlicnlavnntirennntent `lninnfireTJt NATlP(1()T 9/117!11 7 Page 167 of 277 10m) - And ria Leigh, Director of Development Services re: Re... Environmental Registry The applicant has noted in the Consultation Report that only water will be used for panel washing. Concerns about noise impacts: MOE staff have reviewed the Acoustic Assessment Report provided by the proponent. MOE's noise engineers have confirmed that the project complies with the noise standards for such facilities. Further, the Acoustic Assessment Report and the Project have met the requirements of O. Reg. 359109. Concerns about impacts to wildlife: Wildlife habitat was considered by the proponent in its Natural Heritage Assessment (NHA). Ministry of Natural Resources staff have reviewed the NHA and found it to be acceptable. Concerns about impacts to soils due to solar panels located on them: The applicant's proposed seed mix will provide a dense vegetation cover that will prevent soil erosion, minimize weed growth and maintain soil productivity. Soil beneath the panels will not be toxic and weed growth will be minimized. Vegetation management will occur once the facility is operational. Concerns related to safety impacts: The applicant provided details on a Communications and Emergency Response Plan, which will be prepared in consultation with local municipal authorities and emergency response agencies prior to the start of any construction activity being performed at the site and will be engaged through the project's life. Concerns related to the study methods used: MOE staff have reviewed the proponent's project documentation and it has been determined that all reports comply with O. Reg. 359109. Concerns related to the monitoring of the solar facility: The proponent must construct, install, operate, use and retire the facility in accordance with the conditions of approval, which are based on the REA application that was submitted to the MOE for approval. If a facility is found to be constructed, installed, operated, used and retired in a manner not approved under their REA, they can be charged under the Environmental Protection Act. Environmental Commissioner of Ontario 1075 Bay Street Suite 605 Toronto Ontario M5S 2131 Phone: (416) 325 -3377 Toll Free Phone: (800) 701 -6454 Issuing Authority: Ian Parrott Manager Page 4 of 6 bftn• / /AwAx � attr any nn rtn9 —*; aTr=XATFllr1T K11 /'7!111) Page 168 of 277 10m) - And ria Leigh, Director of Development Services re: Re... Environmental Registry Environmental Approvals Branch 2 St. Clair Avenue West Floor 12A Toronto Ontario M4V 1 L5 Phone: (416) 314-3636 Toll Free Phone: (800) 461 -6290 Proponent: RE Midhurst 4 ULC 300 California Street Floor 7 San Francisco CALIFORNIA USA 94101 Appellate Body: Secretary Environmental Review Tribunal 655 Bay Street Floor 15 Toronto M5G 1 E5 Phone: (416) 212-6349 Fax: (416) 314 -4506 Page 5 of 6 An applicant for a hearing shall state in the notice requiring the hearing, (a) a description of how engaging in the renewable energy project in accordance with the renewable energy approval will cause, (i) serious harm to human health, or (ii) serious and irreversible harm to plant life, animal life or the natural environment; (b) the portion of the renewable energy approval in respect of which the hearing is required; and (c) the relief sought. Further information is provided on the ERT's website at: hftp:/Avww.ert.gov.on.ca/english/guides/index.htm If you have any questions about the hearing process please consult a lawyer or contact the ERT. The attached Certificate document is intended for posting on the Environmental Registry in order to provide the reader with the substantive content of the issued instrument. Please note the official version may be differently formatted or otherwise contain minor variations from this version. The materials on this web site are protected by Crown copyright. You may copy and re- distribute any of the Environmental Bill of Rights information on this web site provided that the contents remain unchanged and the source of the contents is clearly referenced. You are not permitted to alter or add to the contents. ONTARIO HOME I CONTACTS I HELP 1,51TEMAP I FRANCA]$ This site is maintained by the Government of Ontario, Canada. PRIVACY I IMPORTANT NOTICES bttn• /%AAuvv -br anv nn ra/ F+. RQ_«% T+' R_FYtarnaf /rticntavnntirr�rr�ntr nt A 9nnf;— TA =T%4TT7AnT A/1 /7(117 Page 169 of 277 10m) - And ria Leigh, Director of Development Services re: Re... Ontario Ministry of the Environment Ministere de I'Environnement RENEWABLE ENERGY APPROVAL NUMBER 7410- 8U6MX9 Issue Date: May,29, 2012 RE Midhurst 4 ULC 300 California St 7th Floor San Francisco, California USA 94104 Project Lot 20, Concession 6 Location: Part 1, Plan 51R -16497 Oro- Medonte Township, County of Simcoe You have applied in accordance with Section 47.4 of the Environmental Protection Act for approval to engage in a renewable energy project in respect of a Class 3 solar facility consisting of the following. - the construction, installation, operation, use and retiring of a Class 3 solar facility with 'a total name plate capacity of up to approximately 6.5 megawatts (AC). For the purpose of this renewable energy approval, the following dej- initions apply. 1. "Acoustic Assessment Report" means the report included in the Application and entitled "RE Midhurst 4 Solar Project, Noise Assessment Study Report ", dated January 20, 2012, prepared by HATCH and signed by Oleg Belashov, HATCH on January 20, 2012; 2. "Acoustic Audit" means an investigative procedure consisting of measurements and/or acoustic modelling of all sources of noise emissions due to the operation of the Equipment, assessed to determine compliance with the Noise Performance Limits set out in this Approval; 3. "Acoustic Audit Report" means a report presenting the results of an Acoustic Audit; 4. "Acoustical Consultant" means a person currently active in the field of environmental acoustics and noisc /vibration control, who is knowledgeable about Ministry .noise guidelines and procedures and has n_combination of formal; university education, training and experience necessary to assess noise emissions from solar facilities;., 5. "Act means the Environmental Protection Act, R.S:O 1990, c.E.19, as amended;' Page!1,- NUMBER 741q- 8lJ6MX9 Page 170 of 277 10m) - And ria Leigh, Director of Development Services re: Re... 6. "Adverse Effect" has the same meaning as in the Act; 7. "Application" means the application for a Renewable Energy Approval dated August 9, 2011, and signed by Sheldon Kimber, Senior Vice President North America Development, RE Midhurst 4 ULC, and all supporting documentation submitted with the application, including amended documentation submitted up to January 20, 2012; 8. "Approval" means this Renewable Energy Approval issued in accordance with Section 47.4 of the Act, including any schedules to it; 9. "A- weighting" means the frequency weighting characteristic as specified in the International Electrotechnical Commission (IEC) Standard 61672, and intended to approximate the relative sensitivity of the normal human car to different frequencies (pitches) of sound. It is denoted as "A"; 10. "A- weighted Sound Pressure Level" means the Sound Pressure level modified by application of an A- weighting network. It is measured in decibels, A- weighted, and denoted "dBA" 11. "Class I Area" means an area with an acoustical environment typical of a major population centre, where the background sound level is dominated by the activities of people, usually road traffic, often referred to as "urban hum "; 12. "Class 2 Area" means an area with an acoustical environment that has qualities representative of both Class l and Class 3 Areas: (a), sound levels characteristic of Class 1 during daytime (07:.00 to 19:00 or to 23;00 hours); (b) low evening and night background sound level defined by natural environment and infrequent human activity starting as early as 19:000 hours (19:00 or 23:00 to 07:00 hours); (c) no clearly audible sound from stationary sources other than from those under impact assessment. 13. "Class 3 Area" means a rural area with an acoustical environment that is dominated by natural sounds having little or no road traffic, such as the following: (a) a small community with less than 1000' population; (b) agricultural area; (c) a rural recreational area such as a cottage or a resort area; or (d) a wilderness area. Page 2 -- NUMBER 7410- 8U6MX9 Page 171 of 277 10m) - And ria Leigh, Director of Development Services re: Re... 14. "Company" means RE Midhurst 4 ULC and includes its successors and assignees; 15. "Decibel" means a dimensionless measure of Sound Level or Sound Pressure Level, denoted as dB; M. "Director" means a person appointed in writing by the Minister of the Environment pursuant to section 5 of the Act as a Director for the purposes of section 47.5 of the Act; 17. "District Manager" means the District Manager of the appropriate local district office of the Ministry where the Facility is geographically located; 18. "Equipment" means the inverters, transformers, and transformer substation, identified in this Approval and as further described in the Application, to the extent approved by this Approval; 19. "Equivalent Sound Level" is the value of the constant sound level which would result in exposure to the same total A- weighted energy as would the specified time - varying sound, if the constant sound level persisted over an equal time interval. It is denoted Lq and is measured in dB A- weighting (dBA); 20. "Facility" means the renewable energy generation. facility,, including the Equipment, as described` in this Approval and as further described in the Application, to the extent approved by this Approval; 21. "Independent Acoustical Consultant" means an Acoustical Consultant who is not representing the Company and was not involved in preparing the Acoustic Assessment Report. The Independent Acoustical Consultant shall not be retained by the Acoustical Consultant involved in the noise impact assessment; 22, "Ministry" means the ministry of the government of Ontario responsible for the Act and includes all officials, employees or other persons acting on its behalf; 23. "Noise Control Measures" means measures to reduce the noise emissions from the Facility and/or Equipment including, but not limited to, barriers, silencers, acoustical louvres, hoods and acoustical treatment, described in the Acoustic Assessment Report and Schedule C of this Approval; 24, "Noise Receptor" has the same meaning as in O. Reg, 359/09; 25. "0. Reg. 359/09" means Ontario Regulation 359/09 'Renewable Energy Approvals under Part V'.o.I of the Act" made under the Act; 26. "Point of Reception" has the same meaning as in Publication NPC -205 or Publication NPC -232, as applicable, and is subject to the, same qualifications described in tbose documents; Page 3 - NUMBER 74104U6MX9 Page 172 of 277 10m) - And ria Leigh, Director of Development Services re: Re... 27. "Publication NPC -103" means the Ministry Publication NPC -103, " Procedures ", August 1978; 28. "Publication NPC -104" means the Ministry Publication NPC -104, "Sound Level Adjustments ", August 1978; 29. "Publication NPC -205" means the Ministry Publication NPC -205, "Sound Level Limits for Stationary Sources in Class I & 2 Areas (Urban)" October 1995; 30. "Publication NPC- 232" means the Ministry Publication NPC- 232, "Sound Level Limits for Stationary Sources in Class 3 Areas (Rural) ", October 1995; 31. "Publication NPC -233" means the Ministry Publication NPC -233', "Information to be Submitted for Approval of Stationary Sources' of Sound", October 1995; 32. "Sound Level' means the A- weighted Sound Pressure Level; 33. "Sound Level Limit" is the limiting value described in terms of the one hour A- weighted Equivalent Sound Level LeQ; 34. "Sound Power Level" means ten times the logarithm to the base of 10 of the ratio of the sound power (Watts) of a noise source to standard reference power of 10 " Watts; 35. "Sound Pressure" means the instantaneous difference between the actual pressure and the average or barometric pressure at a given location. The unit of measurement is the micro pascal (µPa); i 36. "Sound Pressure Level' means twenty times the logarithm,; to the base 10 of the ratio of the effective pressure (p Pa) of a sound to the reference pressure of 20 µPa; 37. "UTM" means Universal Transverse Mercator coordinate system. You are hereby notijted that this approval is issued to you subject to the teens and conditions outlined below: TERMS AND CONDITIONS A - GENERAL Al. The Company shall cornstruct, install, use, operate, maintain and retire the Facility in accordance with the terms and conditions of this Approval and the Application and in accordance with the following schedules attached hereto: Schedule A - Facility Description Schedule B Coordinates of the Equipment and Noise Specifications Schedule C Noise Control Measures Page 4,- NUM13ER''7410406NIX Page 173 of 277 10m) - And ria Leigh, Director of Development Services re: Re... A2. Where there is a conflict between a provision of this Approval and any document submitted by the Company, the conditions in this Approval shall take precedence. Where there is a conflict between one or more of the documents submitted by the Company, the document bearing the most recent date shall take precedence. A3 The Company shall ensure a copy of this Approval is: (a) accessible, at all times, by Company staff operating the Facility and; (b) submitted to the Clerk of each local municipality and upper -tier municipality in which the Facility is situated: A4. If the Company has a publicly accessible website, the Company shall ensure that the Approval and the Application are posted on the Company's publicly; accessible website within five (5) business days of receiving this Approval. A5. The Company shall, at least six (6) months prior to the anticipated retirement date of the entire Facility,' or part of the Facility, review its Decommissioning flan Report to ensure that it is still accurate. If the Company determines that the Facility cannot be decommissioned in accordance with the Decommissioning Plan Report, the Company shall provide the Director and District Manager a written description of plans for the decommissioning of the Facility. A6. The Facility shall be retired in accordance with the Decommissioning Plan Report and any directions provided by the Director or District Manager. A7 The Company shall provide the District Manager and the Director approximately one week written notice of the following: (a) the commencement of any construction or installation activities at the project location, and (b) the start of commercial operation of the Facility. B - EXPIRY OF APPROVAL B1. Construction and installation of the Facility must be completed within three (3) years of the later of: (a) the date this Approval is issued; or (b) if there is a hearing or other litigation in respect of the issuance of this Approval, the date that this hearing.or litigation is disposed; of, including all appeals. B2. This Approval ceases to apply in respect of'any portion of the Facility not constructed or installed before' the later of the dates identified in Condition 131. Page 5 - NUMBER 74 1v- 8U6MX9` Page 174 of 277 10m) - And ria Leigh, Director of Development Services re: Re... C - NOISE PERFORMANCE LIMITS Cl. The Company shall ensure that: (1) the Sound Levels from the Equipment, at the Points of Reception identified in the Acoustic Assessment Report, comply with the Sound Level Limit of 40 dBA as described in Publication NPC -232, subject to adjustment for tonality as described in Publication NPC -104; (2) °r the Equipment is constructed and installed at eitherof the following locations: (a) at the locations identified in Schedule B of this Approval; or (b) at a location that does not vary by more than 10 metres from the locations identified in Schedule B'of this Approval and provided. that, Ij t i) the Equipment will comply with Condition Cl (1), and ii) all setback prohibitions established under 0. Reg.; 359/09 are complied with. (3) the Equipment complies with the noise specifications set out in Schedule B of this Approval; and (4) all of the Noise Control Measures are fully implemented' prior to the commercial, operation of the Facility. C2. If the Company determines that some or all of the Equipment cannot be constructed in accordance with Condition C 1 (2), prior to the construction and installation of the Equipment in question, the Company shall apply to the Director for an amendment to the terms and conditions of the Approval. C3, Within three (3) months of the completion of the construction of the Facility, the Company shall submit to the Director a written confirmation signed by an individual who has the authority to bind the Company that the UTM coordinates of the "as constructed" Equipment comply with the requirements of Condition C1(2). ID - ACOUSTIC AUDIT D1. The Company shall carry out an Acoustic Audit in accordance with the procedures set out in Publication. NPC -103, and shall submit to the District Manager and the Director an Acoustic Audit Report prepared by an Independent Acoustical Consultant in accordance with the requirements of Publication NPC -233, no later thansix (6) months after the commencement of the operation of the Facility. Page 6 - NUMBER'74.10- SU6MX9 Page 175 of 277 10m) - And ria Leigh, Director of Development Services re: Re... E - GROUNDWATER MONITORING E1. Prior to the construction and installation of the Facility, the Company shall develop and implement for a miminum of two (2) years after the start of construction, a post construction groundwater monitoring program, which shall include as a minimum the following information: (a) Identification of groundwater monitoring wells to be established at appropriate up and down gradient boundary locations within the project location. (b) Identification of groundwater monitoring parameters, monitoring frequency, and trigger concentrations based on appropriate information as deemed necessary for the monitoring wells as described in Condition El (a). E2. The Company shall report the summary of the results of the groundwater sampling and monitoring program on an annual basis to the District Manager. F - STORMWATER MANAGEMENT F1. The Company shall employ best management practices for stormwater management and sediment and erosion control during construction, installation, use, operation, maintenance and retiring of the Facility,; as outline in the Application. G SEWAGE WORKS G1. The Company shall, within three (3) months of issuance of this Approval and prior to commencement of operation of the Facility retain an independent Professional Engineer licensed in Ontario and familiar with electrical transformer substations and its associated sewage works to' prepare 'a design report on the spill' containment facility and, obtain, approval from the Director for a substation transformer spill containment area and associated sewage works that shall contain the following: (1) ; final design' drawings and specifications of the spill containment and associated sewage works; (2) an operation and maintenance procedures manual including an emergency /contingency plan; and (3) a monitoring program, including a groundwater monitoring program in the event of subsurface disposal system. Page 7 - NUMBER'7410- :8U6M[1 (9; Page 176 of 277 10m) - And ria Leigh, Director of Development Services re: Re... G2. The Company shall design the sewage works in Condition G1 such that the concentration of the effluent parameter named in the table below does not exceed the maximum concentration objective shown for that parameter in the effluent, and shall comply with the following requirements: Effluent Parameters Maximum Concentration Objective Oil and Grease 15mg/L (1) notify the District Manager as soon as reasonably possible of any exceedance of the maximum concentration objective set out in the table above; (2) take immediate action to identify the cause of the exceedance; and (3) take immediate action to prevent further exceedances. H 4 WATER TAKING ACTIVITIES Hl. The Company shall not take more than 50,000 litres of water on any day by any means during the construction, installation, use, operation, maintenance and retiring of the Facility. I - ARCHAEOLOGICAL RESOURCES I1. The Company shall implement all of the recommendations, if any, for further archaeological fieldwork and for the protection of archaeological sites found in the consultant archaeologist's report included in the Application, and which the Company submitted to the Ministry of Tourism, Culture and Sport in order to comply with clause 22 (2) (b) of O. Reg. 359/09. 12. Should any previously undocumented archaeological resources be discovered, the Company shall: (1) cease all alteration of the area in which the resources were discovered immediately; (2) engage a consultant archaeologist to carry out the archaeological fieldwork necessary to further assess the area and to either protect and avoid or excavate any sites in the area in accordance with the Ontario Heritage Act, the regulations under that act and the Ministry of Tourism, Culture and Sport's "Standards and Guidelines for Consultant Archaeologists"; and (c) notify the Director as soon as reasonably possible. Page, 8 - NUMBER 7410- 8V6MX9 Page 177 of 277 10m) - And ria Leigh, Director of Development Services re: Re... J - TRAFFIC MANAGEMENT 'PLANNING Jl. Within three (3) months of receiving this Approval, the Company shall prepare a Traffic: Management Plan and provide it to the Township of Oro - Medonte. J2. Within three (3) months of having provided the Traffic Management Plan to the Township of Oro - Medonte, the Company shall make reasonable efforts to enter into a Road Users Agreement with the Township of Oro - Medonte. B. If a`Road Users Agreement has not been signed with the Township of Oro- Medonte within three (3) months of having provided the Traffic Management Plan to the Township of Oro- Medonte, the Company shall provide a written explanation as to why this has not occurred. 1K OPERATION AND MAINTENANCE K1. Prior to the start of commercial operation of the Facility, the Company shall prepare a written manual for use by Company staff outlining the operating procedures and a maintenance program for the Equipment that includes as a minimum the following: (1) routine operating and maintenance procedures in, accordance with good engineering practices and as recommended by the Equipment suppliers; (2) emergency procedures; (3) procedures for any record keeping activities relating to operation and maintenance of the Equipment; and (4) all appropriate measures to minimize noise emissions from the Equipment. K2 The Company shall; (1) , update, as required, the manual described in Condition Kl; and (2) make the manual described in Condition Kl available for review by the Ministry upon request. K3. The Company shall ensure that the Facility is operated and maintained in accordance with the Approval and the manual described in Condition K1 Page 9 - NUMBER 7410 U6MX9' Page 178 of 277 10m) - And ria Leigh, Director of Development Services re: Re... L - RECORD CREATION AND RETENTION Lt. The Company shall create written records consisting of the following: (1) an operations log summarizing the operation and maintenance activities of the Facility; (2) within the operations log, a summary of routine and Ministry inspections of the Facility; and (3) a record of any complaint alleging an Adverse Effect caused by the construction, installation, use, operation, maintenance or retirement of the Facility. L2. A record described under Condition Lt (3) shall include: (1) a description of the complaint that includes as a minimum the following. (a) the date and time the complaint was made; (b) the name, address and contact information of the person who submitted the complaint; (2) a description of each incident to which the complaint relates that includes as a minimum the following; (a) the date and time of each incident; (b) the duration of each incident; (c) the wind speed and wind direction at the time of each incident; (d) the ID of the Equipment involved in each incident and its output at the time of each incident; (e) the location of the person who submitted the complaint at the time of each incident; and (3) a description of the measures taken to address the cause of each incident to which the complaint relates and to prevent a similar occurrence in the future. U. The Company shall, retain, for a minimum of five '(S) years' from the date of their creation, all records described in Condition Lt, and make these records available for review by the Ministry upon request. Page :10 - NUMBER 7410- 8T76MX9. Page 179 of 277 10m) - And ria Leigh, Director of Development Services re: Re... M'- NOTIFICATION OF COMPLAINTS M1. The Company shall notify the District Manager of each complaint within two (2) business days of the receipt of the complaint. ` M2. The Company shall provide the District Manager with the written records created under Condition K2 within eight (8) business days of the receipt of the complaint. M3. If the Company receives a''complaint related to groundwater, the Company shall contact the District Manager within one (1) business day of the receipt of the complaint to discuss appropriate measures to manage any potential groundwater issues. N - CHANGE OF OWNERSHIP N!. The Company shall notify the Director in writing, and forward a copy of the notification to the District r Manager, within thirty (30) days of the occurrence of any of the following changes: (1) the ownership of the Facility; (2) the operator of the Facility; (3) the address of the Company; (4) the partners, where the Company is or at any time becomes a partnership and a copy of the most recent declaration filed under the Business Nantes Act, R.S.O. 1990, c.8.17, as amended, shall be included in the notification; and (5) the name of the corporation where the Company is or at any time becomes a corporation, other than a municipal corporation, and a copy of the most current information filed under the Corporations Infonnation Act, R.S.O. 1990, c. C.39, as amended shall be included in the notification: Page 11- NUMBER 7410- 8V6MX9 Page 180 of 277 10m) - And ria Leigh, Director of Development Services re: Re SCHEDULE A Facility Description The Facility shall consist of the construction, installation, operation, use and retiring of the following: (a) seven (7) inverters and four (4) transformers, with a total name plate capacity of up to approximately 6.5 megawatts (AC); and (b) associated ancillary equipment, systems and technologies including one (1) transformer substation, on-site access roads, underground cabling and overhead distribution lines, all in accordance with the Application. F,age 12 - NUMBER 7410-$U6MX9 Page 181 of 277 10m) - And ria Leigh, Director of Development Services re: Re... SCHEDULEIB Coordinates of the Equipment and Noise Specifications Coordinates of the Equipment are listed below in UTM, Z17 -NAD83 projection: Source ID Sound Power Level Easting (m) Northing (m) Source Description (dBA) M4—Sub 99.5 614318 4924984 13.8-kV/44- kV /6.5 -- VA transformer ubstation 4_Invl 99.5 514466 4925199 .0 -MW inverter luster 1 4_Inv2 99.5 614581 4925360 .0 -MW inverter Cluster 2 4_Inv3 99.5 514742 4925438 .0 -MW inverter luster 3 4-1nv4 93,5 514738 4925614 .5 -MW inverter luster 4 4_Transl 89.5 514466 1925204 80 -V /13.8- kV /2.0- VA transformer in luster I 4_Trans2 89.5 614586 ' 925361 80 -V /13.8- kv /2.0 -' VA transformer in luster 2 4_Trans3 89.5 514741 4925443 80 -V /13.8- kV /2.0- VA transformer in luster 3 4_Trans4 86,8 14738 4925619 _ 80- V/13.8- kV /0.5- VA transformer in luster 4 Note: The inverter Sound Power Level values in the above table correspond to the combined output of all the inverters in each cluster, and include the 5 Decibel (dB) adjustment for tonality as prescribed in Publication NPC- 104. Page 13 - NUMBER 7410- 8i6MX9' Page 182 of 277 10m) - And ria Leigh, Director of Development Services re: Re... SCHEDULE Noise Control Measures One (1) enclosure for each of inverter clusters 1, 2 and 3, capable of providing the following values of Transmission-Loss in 1/1 octove' frequency bands: - - entre 63'` 125 250 500 1000 2000 4000 8000 Frequency Length (m) Eastin' xl (m) Northing y1 (m) Fasting x2 (m) 4.2 ' 4.5 614316 4924982 Hertz) 4924982 Page 14 - NUMBER 7410- 8U6MX9 ' ransmiss 10 10 10 15 20 20 15 15 on -Loss decibel) Dimensions and coordinates of one (1) barrier for transformer substation: orthng yZ (m) Height (m) Length (m) Eastin' xl (m) Northing y1 (m) Fasting x2 (m) 4.2 ' 4.5 614316 4924982 614320 4924982 Page 14 - NUMBER 7410- 8U6MX9 ' Page 183 of 277 Page 183 of 277 10m) - And ria Leigh, Director of Development Services re: Re... The reasons for the imposition of these terms and conditions are as follows: 1. Conditions Al and A2 are included to ensure that the Facility is constructed,; installed, used, operated, maintained and retired in the manner in which it was described for review and upon which Approval' was granted. These conditions are also included to emphasize the precedence of conditions in the Approval and the practice that the Approval is based on the most current document, if several conflicting documents are submitted for review; 2. Conditions A3 and A4 are included to require the Company to provide information to the public and the local municipality. 3. Conditions A5 and A6 are included to ensure that final retirement of the Facility is completed in an aesthetically pleasing manner, in accordance with Ministry standards, and to ensure long -term protection of the health and safety of the public and the environment. 4. Condition A7 is included to require the Company to inform the Ministry of the commencement of activities related to the construction, installation and operation of the Facility; 5. Condition B is intended to limit the time period of the Approval. 6. Condition Cl is included to provide the minimum performance requirement considered necessary to prevent' an Adverse Effect resulting from the operation of the Equipment and to ensure that the noise emissions from the Equipment will be in compliance with applicable limits set in Publication NPC- 232. 7. Conditions C2 and C3 are included to ensure that the Equipment is constructed, installed, used, operated, maintained and retired in a way that meets the regulatory setback prohibitions set out in O. Reg. 359109. 8. Condition D is included to require the Company to gather accurate information so that the environmental noise impact and subsequent compliance with the Act; 0. Reg. 359/09, Publication NPC -232 and this Approval can be verified. 9. Conditions E, F, H and 1 are included to ensure that the Facility is constructed; installed, used, operated, maintained and retired in a way that does not result in an Adverse Effect or hazard to the natural environment or any persons. 10. Condition G1 is included due to the provisional' nature of the supporting documentation submitted by the Company with the application for approval for the spill containment area and sewage works. The Director has only improved the spill containment area and sewage works in principle, and this condition will ensure that, in accordance with the provisions of the Renewable !energy Approval, prior to the construction of any part of the Facility, the Director will have the opportunity to review detailed design drawings, specifications and an engineer's report containing detailed design calculations for that portion of the Facility; in order to determine the Facility's capability to comply with the Ministry's requirements stipulated in the terms and conditions of the Approval. Page 15,- NUMBER 7410- 8U6MX9 Page 184 of 277 10m) - And ria Leigh, Director of Development Services re: Re... 11.. Condition G2 is included to establish non - enforceable effluent quality objectives which the Company is required to strive towards on an ongoing basis. These objectives are to be used as a mechanism to trigger corective action proactively and volun'tarilly before environmental impairment occurs. 12. Condition I is included to protect archaeological resources that may be found at the project location. 13. Condition K is included to emphasize that the Equipment must be maintained and operated according to a' procedure that will result in compliance with the Act,, O. Reg. 359/09 and this Approval. 14. Condition L is included to require the Company to keep records and provide information to the Ministry so that compliance with the Act, 0. Reg. 359/09 and this Approval can be verified. 15. Condition M are included to ensure that any complaints regarding the construction, installation, use, j operation, maintenance or retirement of the Facility are responded to in a timely and efficient manner. 16. Condition N is included to ensure that the Facility is operated under the corporate name which appears on the application form submitted for this Approval and to ensure that the Director is informed of any changes, NOTICE REGARDING ]HEARINGS In accordance with Section 139 of the Environmental Protection Act within 13 days after the service of this notice, you may by further written notice served capon the ,Director, the Environmental Review Tribunal and the Environmental Commissioner, require a hearing by the Tribunal, In accordance with Section 47 of the Environmental Bill of Rights. 1993. the-Environmental Commissioner will place notice of your requestfor a hearing on the Environmental Registry. Section 142 of the Environmental Protection Act provides that the notice: requiring the hearing shall state 1. The portions of the renewable energy approval or each term or condition in the renewable energy approval in respect of which the hearing is<required, and; 2. The grounds, on which you;intend to rely at the hearing in relation to each portion appealed!. 77re signed anti dated notice requiring the hearing'should.glso utclode. 3. The name of the appellant; 4. The address of the appellant; 5. The renewable energy, approval number; 61 The date of the renewable energy approval: 7. The name of the Director;' S. The municipality or municipalities within which the project is to be engaged in; Page 16 - NUMBER 7410= $U6MX9, Page 185 of 277 10m) - And ria Leigh, Director of Development Services re: Re... This notice must be servers upon: The Secretary` The Environmental Commissioner The Director Environmental Review Tribunal' 1075 Bay Street, 6th Floor Section 47.5, Environmewal Protection Act 655 Bay Street, 15th Floor Suite 605 Ministry of the Environment Toronto, Ontario AND Toronto, Ontario AND . 2 St. Clair Avenue West, Floor 12A M5G IE5 M5S 281 Toronto, Ontario' M4V 7L5 * Further information on the Environmental Review Tribunal's requirements for an appeal can be obtained directly from the Tribunal at: Tel; (416) 314 -4600, Fax: (416) 314 -4506 or www.ert.gov.on.cu Under Section 142.1 of the Environmental Protection Act residents of Ontario inay require a hearing by the Environmental Review Tribunal within 15' days ,cafter the day on which notice of this decision is published in the Environmental Registry. By accessing the Environmental Registry at www.ebngov.on.ca,, you can deteranine when this period ends. Approval for the above noted renewable energy project is issued to you under Section 47.5 of the ;Environmental Protectirm Act subject to the terms and conditions outlined above. DATED AT TORONTO this 29th day of May, 2012 Ian Parrott, P.Eng. Director Section 47.5, Environmental Protection Act SR/' c: District Manager, MOE Barrie Noel Boucher, Hatch Page 17 - NUMBER, 7410- 8U6MX'9 Page 186 of 277 11 a) - Mayor H.S. Hughes re: Ontario Early Years Simcoe Nort... You are invited to our 7EC D 2012 D ONTE , UIP ._ ...................... ..............................r Ontan'c) F arl'9 Years imcoe Nort:6 We would like to take this opportunity to invite you to help us celebrate 10 years of making a difference for children and fami- lies. Formal speeches to begin at 11:00 : Please RSVP Julie Watson 325 -1299 jwatson @oeycsimcoenorth.ca ' COUCHING PARK @ THE PAVILLION TUESDAY, JUNE 26TH ' 10:00 -1:00 • ................................................ ice.. Page 187 of 277 12a) - Announcements of Interest to the Public: 1. Severn Sound ... YOU ARE INVITED TO THE 3. 4. SEVERN SOUND ENVIRONMENTAL ASSOCIATION (SSEA) OPEN HOUSE 2012 Featuring guest speaker Bob Bowles, local naturalist, presenting: 'SILENCE OF THE SONGBIRDS' Learn about research on migratory songbird populations, and how cutting woodlands affects birds. Find out about decreasing bat populations and white -nose syndrome. Learn about how these declines can impact our municipalities and what can be done to help. When: Where: Come and meet the friendly and professional staff of the SSEA. Chat with them about their work and view our program and project displays. Find out what the SSEA is all about, including: • Stream Monitoring • Groundwater Monitoring • Open Water Monitoring • Invasive Species • Source Water Protection • Fish Habitat • Species at Risk -Tree Planting • Natural Shorelines Thursday June 14th, 2012, 3:00pm - 7:00pm Midland Public Library - Assembly Room, Lower Level 320 King Street Midland ON �C n SC) O �G �ontal Ass For more information contact: Severn Sound Environmental Association 67 Fourth Street Midland ON L4R 3S9 (705) 527 -5166 Ext. 207 CELEBRATING 15 YEARS OF CONTINUED SUCCESS! Page 188 of 277 12a) - Announcements of Interest to the Public: 1. Severn Sound ... Oro- Medonte Fire &Rescue Ice Floe Slo -Pitch Tournament Oro Ball Diamonds (behind Oro Arena, Hwy 11) Saturday, July 14, 2012 - - -- one day only---- - Cost: only $220 /team Proceeds to Rescue Team Re: March 9th Ice Water Rescue All carded umps SPN Provincial Qualifier Provincial Prizes Contact: Mike Borrelli 705 -L795 --9388 Co -Ed Divisions D & E--Men's E E LIMITED SPACES AVAILABLE 3. 4. Page 189 of 277 12a) - Announcements of Interest to the Public: 1. Severn Sound ... 3. 4. Township of Proud Heritage, Exciting Future Oro edente residents are invited to attend the Ward 2 Open House and Travelling Council meeting scheduled for Wednesday, June 13, 2012 at the Eady Community Hall 73 Eady Station Road The Open House begins at 6,00 pm with Council meeting t® follow at 7:00 pm. 148 Line 7 South, Box 100 P: (705) 487 -2171 www.oro- medonte,ca Oro, Ontario LOL 2X0 F: (705) 487 -0133 Page 190 of 277 12a) - Announcements of Interest to the Public: 1. Severn Sound ... 3. 4. Tozvnshi- of Proud Heritage, Exciting Future The Township of Oro - Medonte Fire & Emergency Services Department in collaboration with Council and Staff wish to thank the Warminster Legion, through the Poppy Foundation; Carol Cooks Craft show and the Warminster Active Ladies Club of Warminster for their fundraising efforts and contributions towards a Thermal Imaging Camera for Station #5. A Thermal Imaging Camera is a device that is used to detect infrared radiation; all objects have a certain temperature and emit waves of energy called infrared radiation. The Thermal Imaging Camera is able to translate the energy waves into a viewable image to the screen of the camera. We are able to see the image as a heat source. The basic picture shows the images from black to white, white being the hottest and black being the coldest, all other levels are shades of grey. Since Infrared radiation is not able to be blocked by smoke the Thermal Imaging Camera is the perfect tool to help firefighters in their primary search for victims of a burning building. The Thermal Imaging Camera is also used to determine where the fire might be spreading to. The camera has many uses that increase the live safety for firefighters and whoever or whatever they are looking for. Everyone is welcome to join Council and Staff of the Fire & Emergency Services Department to attend a presentation demonstrating the Thermal Imaging Camera and giving thanks to those that contributed in fundraising efforts to make this possible. What Presentation & Recognition for Thermal Imaging Camera followed by BBQ When Sunday, June 10, 2012 1:OOPM - 3:OOPM Where Warminster Legion, Branch 619 Hwy 12 Warminster, Ontario 148 Line 7soueh, Box 100 P: (705) 487 -2171 y` ww oro— nledontexa Oro, Ontario LOL 2X0 F: (705) 487 -0133 Page 191 of 277 12b) - Correspondence dated May 15, 2012 from the Ontario Mu... ISSUE DATE: ® MAY 1 9 2012 May 15, 2012 LC' IPL111083 � � f � I•� -gam_ Ontario Ontario Municipal Board Commission des affaires municipales de I'Ontario IN THE MATTER OF subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended Appellant: County of Simcoe Subject: By -law No. 2011 -138 Municipality: Township of Oro - Medonte OMB Case No.: PL111083 OMB File No.: PL111083 APPEARANCES: Parties Counsel* /Agent County of Simcoe Marshall Green* Barry Leigh Elizabeth Woronka DECISION DELIVERED BY R. ROSSI AND ORDER OF THE BOARD The appellant in this case, the County of Simcoe (County) is appealing the decision of the Committee of Adjustment (Committee) of the Township of Oro - Medonte (Township) that approved an application by Barry Leigh (Applicant) to allow the rezoning of the Applicant's property to allow for a residential use to occur on a specialized agricultural lot. The Committee passed By -law 2011 -38 in 2011 to facilitate the rezoning, replacing By -law 2010 -145, which allowed the specialized agricultural use (which the Applicant had also previously applied for in 2009) but denied a residential use. Counsel Marshall Green represented the County and provided two witnesses who opposed the application: County Planner Rachelle Hamelin and former Township Planner Steven Farquharson. The Applicant provided no planning evidence and relied instead on family friend Elizabeth Woronka to be his agent. Ms. Woronka offered minimal anecdotal background information regarding the Applicant's motivation for seeking the amendment. Page 192 of 277 12b) - Correspondence dated May 15, 2012 from the Ontario Mu... - 2 - PL111083 Ms. Hamelin provided contextual evidence as well as application- specific planning evidence and she presented her expert opinion in opposition to the by -law amendment. ,The Applicant's property has 209 metres of frontage on Ridge Road West (County Road 20), is 5.3 hectares (13.26 acres) in size and is situated west of the Oro Station Settlement Area. The County of Simcoe Official Plan designates this property as "Agricultural, Soil Class 1 to 3" and the Township of Oro - Medonte Official Plan designates it "Agricultural ". The subject property is vacant today. It was the subject of a consent application that the Applicant filed in 2009 and was hived off from the larger farm to serve as a "specialty agricultural use ". The smaller severed subject property was then used for a market garden use and community- shared agricultural use. Ms. Hamelin advised the Board that the County did not object to the 2009 severance application for the specialty agricultural use as long as no residential use would be permitted as the property abuts a County road. The property was thus zoned in August 2010 with the residential prohibition included in By -law 2010 -145. A subsequent application by the Applicant to permit a residential use was next submitted to the Township in May 2011. Despite the recommendations of both County and Township staff not to approve the addition of a residential use permission, the Township approved the use in August 2011. Provincial Policy Statement, 2005 (PPS) The planner reviewed the broad direction and vision statements of the PPS and opined that the proposed by -law amendment offends this instrument's objectives for planning in the province and especially those related to agriculture. The PPS designates this land as "Prime Agricultural Area ". The proposed use runs counter to the province's stated intention to protect agricultural lands for long -term use. The Board notes that the theme of proper management of the land and resources of the province is a consistent theme running through this planning instrument. Supporting the planner's opinion was a RE /MAX Trends Report, Farm Edition 2011 (Exhibit 1, Tab 26), wherein the report observes that permitting a residential use on a small piece of land like the subject property increases the value of the land and does not protect it for agricultural use. She opined that there exists the potential to turn the subject land into a residential estate, adding that once a home is placed on the property Page 193 of 277 12b) - Correspondence dated May 15, 2012 from the Ontario Mu... - 3 - PL111083 with its associate landscaping and amenities added, the land under those uses is then taken out of agricultural operations. This does not preserve the agricultural lands for long -term agricultural use as the PPS directs. It could also impact adjacent lands that might not be compatible with the use. The planner also included in her evidence the Farm Credit Canada "Spring 2012 Farmland Values Report — Ontario" (Tab 27), that noted the creeping gentrification of the province's agricultural lands: "Commuters continued to purchase small farms north of the Greater Toronto Area (GTA) for rural residential purposes, as the GO Transit system recently expanded to those areas. This has created greater demand for farmland in this region." In terms of the PPS, the direction of this instrument in terms of managing agricultural land is to preserve it, and large parcels are the most conducive way to achieve this. While no particular farm size is identified in the PPS, local municipalities are free to determine farm sizes in their respective official plans. However, section 4.6 of the PPS points out that its policies are minimum standards and they do not prevent planning - authorities from going beyond the minimum standards established in specific policies, unless doing so would conflict with any policy of the PPS. In Ms. Hamelin's opinion, the application does not preserve agricultural lands for long term uses and needs, thereby reducing the amount of land available for such uses. It does not protect the agricultural resource and would actually increase the cost of the land, prohibiting other operators from acquiring it and impeding the proposed specialized agricultural use for which the lot was created. With no opposing viewpoint or evidence before it, the Board determines that the policies and directives of the PPS are offended by this proposal. County of Simcoe Official Plan (County Plan) In the context of the County of Simcoe Official Plan, Ms. Hamelin opined that the subject proposal does not minimize land use conflicts, which is an objective of the County Plan. She noted that the County Plan directs that Prime Agricultural Areas will be protected for agriculture and compatible uses (Tab 23). She opined that had the Applicant made a request for a residential use at the time of the 2009 severance application, the County and the Township staff would have required additional justification for the residential use. She added that new residential lots are not permitted on a County road in any case. The County Plan also directs that applications such as this should minimize adverse impacts on agricultural uses. The planner opined that this Page 194 of 277 12b) - Correspondence dated May 15, 2012 from the Ontario Mu... - 4 - PL111083 proposal does not do so for many of the same reasons espoused in her analysis of the PPS policies. With no opposing viewpoint or evidence before it, the Board determines that the policies and directives of the County Plan are offended by this proposal. Township of Oro - Medonte Official Plan (Township Plan) Ms. Hamelin also reviewed the policies of this Township Plan and noted that these are more restrictive than those of the County Plan. The latter directs (Policy 3.4.1) that where the policies of local municipal official plans are considered more restrictive than the policies of the County Plan, the more restrictive policies shall apply. As part of its stated community vision and through its official plan, the Township views agricultural areas of the municipality as "an important component of what makes up the character of the community" (Tab 22): "It is the goal of this Plan to preserve areas demonstrating high capability for agricultural production for that purpose ". In Section C1- Agricultural of the Township Plan, the Township's objectives are to preserve agricultural uses that support the local economy; to maintain and preserve the agricultural resource base of the Township; to promote the agricultural industry and associated activities and enhance their capacity to contribute to the economy of the Township; and to preserve and promote the agricultural character of the Township and the maintenance of the open countryside (Tab 22, page 65). In the planner's opinion, a residential use on these lands would increase the cost of the lands, which is not a cost - effective approach to the protection of or accessibility to agricultural uses over the long term. It would be better, in her opinion, to integrate the vacant parcel into an adjacent farm and agricultural use, which the residential use would not facilitate. As the Township Plan explains in its Development Policies section, for the creation of new lots for agricultural purposes, certain criteria must be met. It also states that the rezoning of a property to permit a residential use is strongly discouraged by the Township Plan as development of a residence would have an impact on either the rural character of the area and /or the viability of agricultural operations in the area. Ms. Hamelin explained that while the Applicant's 2009 severance application for a specialized agricultural use was assessed against the policies of this section of the Township Plan, the proposed new residential use does not meet these criteria. Page 195 of 277 12b) - Correspondence dated May 15, 2012 from the Ontario Mu... - 5 - PL111083 What was also noteworthy of mention is section C1.3.2 that states in part: "In accordance with the intent of this Plan to protect land suitable for agriculture... the creation of new lots'in the Agricultural designation for non - agricultural purposes is not permitted." With no opposing viewpoint or evidence before it, the Board determines that the policies and directives of the Township of Oro - Medonte Official Plan are offended by this proposal. Planner Steven Farquharson is a former planner with the Township (currently a development planner with the City of Barrie) who was responsible for the planning report that was originally filed in this matter. He was also the planner for the severance application and the rezoning for the specialized agricultural use and the subsequent application for a residential use. He appeared at this hearing under summons and like Ms. Hamelin, he was qualified to provide his expert opinion and professional land use planning evidence. Mr. Farquharson agreed with and adopted Ms. Hamelin's planning evidence and expert opinion and he opposed the zoning by -law amendment to permit a residential use. It was precisely this concern that prompted planning staff in 2009 to direct the Applicant to provide a business plan and an agricultural impact assessment report as per the requirements of the Township's Plan. Also, as part of the Township's provisional approval of consent, the Applicant was directed to apply for rezoning that would prohibit the residential use. Mr. Farquharson told the Board that the same concern was echoed not only by the Committee of Adjustment but by members of the public as well. The Applicant's representative at that Committee meeting explained that the proposed severance would not have a residential use and on that basis, the severance was approved with the residential use component removed from the normally permitted uses in the zone. This planner expressed his concern that the application seeks to reinstitute the residential use which, in his expert opinion, does not maintain the intent of the by -law that council passed and he reiterated several of the same PPS, County and Township Plans' policies that Ms. Hamelin had cited in her evidence. Ms. Woronka was unable to provide the Board with any planning evidence to support the Applicant's request for an amendment to the zoning by -law. She referenced a 2009 Page 196 of 277 12b) - Correspondence dated May 15, 2012 from the Ontario Mu... - 6 - PL111083 decision of the Committee of Adjustment that had approved a residential use on a parcel of land in 2009 in the agricultural area but the Board noted with Mr. Green's assistance, that the use was approved for the operator of a residential care home on these lands and the use was deemed not to have any impact on adjacent agricultural operations. While Ms. Woronka was unable to proffer any planning evidence to support the Applicant's requested amendment to the by -law to permit the residential use, she was able to explain the reason for his request. The Applicant and his wife wanted to move from the more labour- intensive dairy farming operation to a more manageable market garden use on the subject property. Following the passing of his wife, Mr. Leigh has since focused on his commercial market garden. Ms. Woronka told the Board that the amendment will mean the commercial driveway entrance, which supports the commercial market garden use, would be downgraded to a residential driveway entrance. Ms. Woronka opined that the commercial driveway entrance impacts the County road more than any traffic that the residential use would generate. Interested participant Bruce Wiggins, a long -time friend of the Applicant, made the same argument in support of the use. The Board recognizes, however, that this is not an either /or proposition. The Applicant is not seeking to replace the commercial market garden use with a residential use; rather, he seeks to add a residential use component that is not permitted in any of the planning documents. Thus, the statements made by Ms. Woronka and Mr. Wiggins regarding less traffic generated by a residential use versus the commercial use is assigned little weight by the Board because both uses would operate simultaneously. Local resident Robert Blackmore made one statement to the Board opposing the application as he feared the subject property could be turned into a residential subdivision. The Applicant also told the Board that he wants the option of being able to build a residence on the subject property. He is as yet unsure whether he would do so. In arriving at its determination, the Board had regard to the decision of the Township to approve the use last summer. Despite the overwhelming factual evidence that the type of use this Applicant proposes is not encouraged and in fact is prohibited in policies that direct the long -term protection and preservation of agricultural lands in all of the local, regional and provincial planning instruments, the Township decided that the residential Page 197 of 277 12b) - Correspondence dated May 15, 2012 from the Ontario Mu... - 7 - PL111083 use should be permitted. Mr. Green offered a most reasonable submission on this point at the end of the hearing. In recognizing the Applicant as a citizen of good character and longstanding member of this community, in all likelihood the Township assisted the Applicant with his "specialized agricultural use" application in 2009 by guiding him through the Township Plan and explaining the types of documents that had to be submitted. The Board finds this submission to be persuasive. Yet, it also finds Mr. Green's submissions persuasive that the policy regime regarding agricultural uses is expressly restrictive — pointedly so — and the Board places significant weight on the policies of the PPS and the lower -tier instruments, which all seek to preserve and protect agricultural lands from impacts caused by the intrusion of residential uses. As the County's counsel submitted, the emergence of retirement farms along County roads all over the province in the past few decades has resulted in the PPS including its restrictive language and suggesting that the assembly of such lots into larger agricultural lands is the best way to protect and preserve the use. As Mr. Green pointed out, the Applicant's possible desire to semi- retire.to a residential use on the severed subject property is precisely the type of problem that municipalities are facing. Echoing the aforementioned Farm Trends Report, these lots tend to hinder larger agricultural operations, which are deemed by the province and municipalities to be the more economical and effective approach to ensuring agricultural lands can continue to produce foods for the people of Ontario. Unless these lands comprise special soils or special operations, they tend to end up as residences for urban dwellers who dream of being country landowners, maintaining small operations and building large homes, which come with septic systems, swimming pools and landscaping plans. The Board finds persuasive Mr. Green's submission that this amendment should be refused in order to protect the province's and the municipality's agricultural lands for the future. Having considered the only planning evidence in this case — all of which is not supportive of the addition of a residential lot in an agricultural area — the BOARD ORDERS that the appeal is dismissed and the proposed zoning by -law amendment to permit a residential use on agricultural lands is not approved. Page 198 of 277 12b) - Correspondence dated May 15, 2012 from the Ontario Mu... - 8 - PL111083 So Orders the Board. "R. Rossi" R. ROSSI MEMBER Page 199 of 277 12b) - Correspondence dated May 15, 2012 from the Ontario Mu... ISSUE DATE: RECEIV JUN 0 4 2012 May 31, 2012 ORO -MEDON E PL111083 TOWNSHIP Ontario - Ontario Municipal Board Commission des affaires municipales de I'Ontario IN THE MATTER OF subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended Appellant: County of Simcoe Subject: By -law No. 2011 -138 Municipality: Township of Oro - Medonte OMB Case No.: PL111083 OMB File No.: PL111083 APPEARANCES: Parties Counsel* /Agent County of Simcoe Marshall Green* Barry Leigh Elizabeth Woronka AMENDED DECISION BY R. ROSSI AND ORDER OF THE BOARD The Board's Decision /Order issued on March 15, 2012, is hereby amended by removing the following from paragraph 3 on page 7: "...the appeal is dismissed...." and replacing it with: "...and the appeal is allowed..." In all other respects the Decision /Order remains the same.' "R. Rossi" R. ROSSI MEMBER Page 200 of 277 12c) - Minutes of Sustainability Plan Steering Committee (SP... Sustainability Plan Steering Committee (SPSC) sustainable Thursday, May 16th, 2012, 11 am -1 pm ' NSCFDC Office —' ' . Meeting #25 Minutes wwv✓.sustainable sever nsound.ca Attendance Mara Burton Township of Tay Ray Millar County of Simcoe Doug Luker Township of Tiny Glen White Township of Oro - Medonte Brenda Armstrong Simcoe- Muskoka District Health Unit Carol Benedetti Orillia Area Community Development Corporation Debra Muenz North Simcoe Community Futures Development Corporation Chris Murray Lakehead University — Orillia Campus Jess Klug Town of Penetanguishene And: Luke Raftis Sustainability Coordinator Regrets Wes Crown Keith Sherman Peter Dance Jennifer Schnier Paul Wiancko Andria Leigh Eleanor Rath Ron Stevens Town of Midland - Chair Severn Sound Environmental Association City of Orillia Township of Georgian Bay Township of Georgian Bay Township of Oro - Medonte Town of Penetanguishene Township of Severn 1.0 WELCOME AND INTRODUCTIONS The Chair opened the meeting at 11:00am. 2.0 REVIEW OF TODAY'S AGENDA AND MINUTES OF April 5th, 2012 The adoption of the minutes of the previous meeting was deferred to the next meeting as quorum was not met at the time. 3.0 WORK PLAN 3.1 Planning in Breakout Groups The committee split into breakout groups to discuss priorities from the online document. As some members of the Environmental Pillar group were absent, only the other two pillars were discussed. The notes from the discussion are categorized below. Further discussion will be required at a future meeting. Sustainable Severn Sound — May 16th, 2012 Page 201 of 277 12c) - Minutes of Sustainability Plan Steering Committee (SP... Uptake not uniform; primarily in /near urban centres (Midland, Penetanguishene, Orillia). Where CGs exist, support from municipalities is strong. SSS to continue promoting the concept/providing resources. Investigate potential expansion of the "WikiFarm" concept (shared gardens on private land, making use of small pieces of unused farmland - currently 2 exist as an extension of Orillia Community Gardens) Ray Millar will contact the County's Social Services Director as the County is lead agency for housing. Brenda Armstrong: SMDHU has keen interest as a social health determinant. We will investigate the current situation regarding various resources available from sources such as the SMDHU, 211, Community Care Access Centres, and then we will assess any potential gaps. Brenda Armstrong to research these three. The Affordability and Choice Today program (www.actprogram.com) provides funding for studies for various housing projects. Ray Millar will also try to determine the possibility of funding home care from the Ministries of Youth & Social Services, Housing, and Health. We will also investigate the status of Legislation re: secondary suites. (integrated with above) The county has $200k to assist with linking trails which did not get exhausted last year. Municipalities should make use of this fund when planning linking trails. Devdlo a ltisfondal There may be a possibility of getting geography project for students aik (and Promote} involved in leg work next year; Chris is in contact with Rob Lamb at county and historical committees, more to come. Promoto meantrjgfuI Existing programs / initiatives: Orillia - Change the world initiatives. tiroliinteer opportunities Georgian developing some sort of database. Community Reach database. for-,youth through, high::. Assess each to determine gaps and connectivity, etc. Sustainable Severn Sound — May 16th, 2012 Page 202 of 277 12c) - Minutes of Sustainability Plan Steering Committee (SP... In cases where businesses want to sponsor a bench outside their store front, there is the possibility of waving fees for encroachment permits if they are willing to work with municipality- essentially a sponsorship program. Investigate some best practices policies in the area. Public washrooms are often problematic, and it is an issue that will need further discussion /collaboration. Options include encourage private businesses to open their businesses to public, or funding washrooms in key locations via some form of partnership or sponsorship program. -Tiny is hosting an agriculture summit, January 2 -4, 2013. County /OFA submitted a proposal for a regional food distribution hub. - Investigate the existence of mobile abattoirs currently operating in Ontario (see note below). - Further research needs to be done regarding the real impact of regulations (though they are an oft - mentioned hindrance, it may be not always be the prohibitive barrier they are made out to be (Canadian Food Inspection Agency, Federal Ministry of Agriculture, OMAFRA) - Also investigate the Federal Government's Agricultural Flexibility Fund: Agri - processing Initiative: This fund has funded other small -scale agri- Notes on mobile abattoirs: As it turns out, there are currently licensed "multi- location abattoirs" operating in BC, Alberta, and the Yukon (NOT yet in Ontario). The BC operation is private sector; the operation in the Yukon operation has been subsidized by the Ministry of Energy, Mines and Resources for the first five years (2006 -2011) and will now be run by the private sector. The Alberta Ministry of Agriculture and Rural development funded the development of a pilot program, which it seems to be now trying to sell off. From 2005 -2008, a program in Northern Quebec operated (Funded by the government, CFDCs, bank loans), but ceased operation in 2008 as it wasn't returning a profit. Generally, the concept seems to be only profitable in areas that are remote and where farmers have small operations (often specialty farms- elk, deer, buffalo, or organic and high -end meats where quality is a major focus) (Links below) http: / /www.oldscollege.ca/ programs /ContinuingEd ucation /animal- science/odf/Multi- Location %"20Abattoir %20Proiect %20 Report %20 Final %20document.Ddf httr)://www.aov.vk.calnews/06-206.html http: / /www.canad a.com /topics /finance /story. htm I ?id= ff2b202a- 4a68 -45d0- Sustainable Severn Sound — May 16th, 2012 Page 203 of 277 12c) - Minutes of Sustainability Plan Steering Committee (SP... 3.2 Terms of reference document Deferred until the next meeting 3.3 Update on Sustainability Summit The summit will be held on October 18th, 2012 at Lakehead. We have secured a speaker and permission to use the facilities there. 3.4 Financial Report Deferred until the next meeting 4.0 OTHER BUSINESS Deferred until the next meeting 5.0 NEXT MEETING/ ADJOURN The next meeting is scheduled for Friday, June 1st, 11:00 am, at NSCFDC. The meeting was adjourned at 1:03 pm Sustainable Severn Sound — May 16th, 2012 Page 204 of 277 12d) - Lake Simcoe Region Conservation Authority, minutes of Lake Simcoe Region BOARD OF DIRECTORS' MEETING conservation authority NO. BOD -04 -12 — Friday, April 27th 2012 LSRCA Board Members Present: Mayor V. Hackson, Chair Regional Councillor B. Drew, Vice -Chair Councillor M. Baier Regional Councillor J. Ballinger Regional Councillor D. Bath Mr. E. Bull Councillor G. Campbell Councillor M. Coutanche Councillor P. Craig Councillor D. Crake Mayor G. Dawe Councillor A. Eek Councillor K. Ferdinands Mayor R. Grossi (left at 11:00 a.m.) Councillor B. Haire Councillor D. Kerwin Councillor J. O'Donnell Councillor B. Ward Regrets: Mayor A. Orsi 120 Bayview Parkway Newmarket, ON MINUTES LSRCA Staff Present: D. G. Wood, Chief Administrative Officer B. Kemp, General Manager, Conservation Lands J. Lee, General Manager, Corporate & Financial Services M. Walters, General Manager, Watershed Management R. Jarrett, General Manager, Communications and Education R. Baldwin, Director, Planning and Development Services B. Booth, Manager, Planning, Regulations and Enforcement K. Christensen, Manager, Human Resources B. Longstaff, Manager, Subwatershed Planning /Source Water Protection D. Lembcke, Manager, Environmental Science & Monitoring J. Kane, Coordinator, Finance R. Wilson, Aquatic Ecologist R. Bolton, Hydrology Technician A. Pitts, Assistant, Human Resources I. Walker, Environmental Planner T. Bos, Administrative Assistant, Watershed Management Guests: M. Jones, BDO Canada H. Antonopoulos, Resident, Town of East Gwillimbury G. Antonopoulos, Resident, Town of East Gwillimbury P. Antonopoulos, Resident, Town of East Gwillimbury C. Antonopoulos, Resident, Town of East Gwillimbury J. Antonopoulos, Resident, Town of East Gwillimbury T. Christakos, Resident, Town of East Gwillimbury J. Holland, Resident, City of Barrie DECLARATION OF PECUNIARY INTEREST None noted for the record of this meeting. II. APPROVAL OF THE AGENDA Moved by: D. Kerwin Seconded by: B. Haire BOD- 051 -12 RESOLVED THAT the content of the Agenda for the April 27th, 2012, meeting of the Board of Directors be approved as printed and circulated. CARRIED III. ADOPTION OF THE MINUTES (a) Board of Directors Moved by: J. Ballinger Seconded by: P. Craig BOD- 052 -12 RESOLVED THAT the minutes of the Board of Directors Meeting No. BOD -03 -12 held on March 23rd, 2012, be approved as printed and circulated. CARRIED Page 205 of 277 12d) - Lake Simcoe Region Conservation Authority, minutes of Lake Simcoe Region Conservation Authority Board of Directors Meeting No. BOD -04 -12 April 27th 2012 - Minutes Page 2 of 9 IV. 2011 AUDITED FINANCIAL STATEMENTS The Board received and approved Staff Report No. 22- 12 -BOD and received an overview from Michael Jones of BDO Canada who advised that there were no issues to report. The CAO congratulated staff for the successful audit. Moved by: B. Drew Seconded by: G. Dawe BOD -53 -12 RESOLVED THAT Staff Report No. 22- 12 -BOD entitled, "2011 Draft Audited Financial Statements ", be received and approved; and THAT the Appropriations to Reserve from operations as outlined in Schedule 5 of the 2011 Draft Audited Financial Statements be approved; and FURTHER THAT the pending 2011 Audited Financial Statements be distributed to the Ministry of Natural Resources and the Authority's banker. CARRIED V. ANNOUNCEMENTS (a) LSRCA Staff Certification —Society for Freshwater Science Chair Hackson, on behalf of the Board of Directors, extended congratulations to LSRCA's Raymond Bolton, Hydrology Technician, for recently receiving his certification through the Society of Freshwater Science for the identification of all phyla of North American invertebrates to a family level. Raymond is one of only 40 people in North America to hold this designation. (b) Smart Commute Chair Hackson presented staff Rob Wilson and Gayle Wood a certificate received from Smart Commute in recognition of LSRCA's participation in the program. LSRCA is now officially designated as a Smart Commute workplace. (c) Conservation Authorities Moraine COalition(CAMC) The Board received copies of the CAMC Accomplishments as well as the Oak Ridges Moraine Groundwater Program booklets. (d) Lake Simcoe Conservation Foundation Gala Dinner Chair Hackson reminded the Board that the LSCF's annual fundraising dinner is to be held on Friday June 1 and advised it would be wonderful to have representation from all watershed municipalities. Regional Councillor Jack Ballinger will be performing the duties of Auctioneer at the Dinner and the Eagles tribute band will be providing live entertainment. More information can be found at www.lakesimcoefoundation.com VI. DEPUTATIONS There were no Deputations scheduled for this meeting. Page 206 of 277 12d) - Lake Simcoe Region Conservation Authority, minutes of Lake Simcoe Region Conservation Authority Board of Directors Meeting No. BOD -04 -12 April 27th 2012 - Minutes Page 3 of 9 VII. HEARINGS (a) Highway 48, Part Lot 19 Concession 8 - Town of East Gwillimbury Regional Municipality of York Applicant: George Antonopoulos and Helen Antonopoulos Chair Hackson read the Opening Remarks in relation to this Hearing The Board received Staff Report No. 14- 12 -BOD and a presentation from the Manager, Planning, Regulations and Enforcement in relation to this Hearing regarding an application seeking permission to excavate a pond approximately 4 acres (1.6 hectares) in size for aquaculture purposes; to excavate a channel to connect the proposed pond with an existing pond; to place fill for landscaping purposes and to install solar panels. The Board also heard from one of the applicants, Ms. Helen Antonopoulos. The formal Hearing Record is part of the permit file. Moved by: A. Eek Seconded by: P. Craig BOD -54 -12 RESOLVED THAT Staff Report 14- 12 -BOD regarding application of George Antonopoulos and Helen Antonopoulos for permission to excavate a pond approximately 4 acres (1.6 hectares) in size for aquaculture purposes; to excavate a channel to connect the proposed pond with an existing pond; to place fill for landscaping purposes and to install solar panels at 20331 Highway 48, Part Lot 19, Concession 8 in the Town of East Gwillimbury, Regional Municipality of York be denied for the following reasons: (1) The excavation of the pond and connecting channel would result in the excavation of peat from a wetland which would: (a) alter and interfere with the ecological and hydrologic functioning of the wetland; and (b) have a detrimental impact on the conservation of land resulting in the loss of wetland habitat and function, which is contrary to Ontario Regulation 179/06, Section 3(1); and (2) The proposed works are contrary to the Lake Simcoe Region Conservation Authority's Watershed Development Policies (Policy 11.4.1.1); and (3) Approval of the proposed works would set a negative precedent. CARRIED (2 Opposed) (b) Hwy 48, Part Lot 18, Concession 8 - Town of East Gwillimbury Regional Municipality of York Applicant: C. Antonopoulos Chair Hackson read the Opening Remarks in relation to this Hearing. The Board received Staff Report No. 15- 12 -BOD and a presentation from the Manager, Planning, Regulations and Enforcement in relation to this Hearing regarding an application seeking permission to enlarge an existing pond from 0.5 acres (0.2 hectares) in size to allow for the stocking and breeding of fish. Page 207 of 277 12d) - Lake Simcoe Region Conservation Authority, minutes of Lake Simcoe Region Conservation Authority Board of Directors Meeting No. BOD -04 -12 April 27th 2012 - Minutes Page 4 of 9 The Board also heard from Ms. Helen Antonopoulos, on behalf of the applicant. The formal Hearing Record is part of the permit file. Moved by: P. Craig Seconded by: B. Drew BOD -55 -12 RESOLVED THAT Staff Report 15- 12 -BOD regarding the application of Chris Antonopoulos to enlarge an existing pond from 0.5 acres (0.2 hectares) in size to allow for the stocking and breeding of fish in Part Lot 18, Concession 8, Town of East Gwillimbury, Regional Municipality York be denied for the following reasons: (1) The enlargement of the existing pond would result in the excavation of peat from a wetland which would: (a) alter and interfere with the ecological and hydrologic functioning of the wetland; and (b) have a detrimental impact on the conservation of land resulting in the loss of wetland habitat and function which is contrary to Ontario Regulation 179/06, Section 3(1); and (2) The proposed works are contrary to Lake Simcoe Region Conservation Authority's Watershed Development Policies (Policy 11.4.1.1); and (3) Approval of the proposed works would set a negative precedent. CARRIED (2 Opposed) VIII. PRESENTATIONS (a) Conservation Ontario Council Mayor Dawe provided a brief update related to the April meeting of Conservation Ontario Council including some messaging from Minister Michael Gravelle, Ministry of Natural Resources. (b) Septic Smart Video The Board viewed the Lake Simcoe septic video which was produced by Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) with the Ontario Rural Waste Water Centre and others including Lake Simcoe Region Conservation Authority. The Board requested the link to the videos in order to have it shared with their respective Councils. The videos can be found and viewed using this link: http : / /www.omafra.gov.on.ca /english /environment /facts /sep smart.htm (a) Beaver River & Pefferlaw River Subwatershed Plans The Board received Staff Report No. 23- 12 -BOD regarding the Beaver River and Pefferlaw Brook Sub - watershed Plans which was supported by a presentation from LSRCA Manager, Subwatershed Planning & SWP. Regional Councillor Bath recommended that additional public consultations be undertaken to include the Durham Agricultural Committee and the Durham Environmental Advisory Committee. Staff responded that this would be an important step when completing the implementation plans Page 208 of 277 12d) - Lake Simcoe Region Conservation Authority, minutes of Lake Simcoe Region Conservation Authority Board of Directors Meeting No. BOD -04 -12 April 27th 2012 - Minutes Page 5 of 9 Moved by: J. O'Donnell Seconded by: E. Bull BOD -56 -12 RESOLVED THAT Staff Report No. 23- 12 -BOD for the Beaver River and Pefferlaw River Subwatershed Plans, completed for the Region of Durham to meet the requirements of the Oak Ridges Moraine Conservation Plan (ORMCP) be approved. CARRIED IX. DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION The Board identified Agenda Items 5 and 7 for separate discussion. X. ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by: J. Ballinger Seconded by: E. Bull BOD- 057 -12 RESOLVED THAT the following recommendations respecting the matters listed as "Items Not Requiring Separate Discussion" be adopted as submitted to the Board and staff be authorized to take all necessary action required to give effect to same. CARRIED 1. Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation 179/06 BOD- 058 -12 RESOLVED THAT applications under Section 28 of the Conservation Authorities Act and Ontario Regulation 179/06 be received. 2. Correspondence BOD- 059 -12 RESOLVED THAT the correspondence listed in the Agenda as Items 2 (a) through (d) be received. 3. Monthly Communications Update BOD- 060 -12 RESOLVED THAT the Monthly Communications Update — Summary, for the period March 1 to 31, 2012, be received for information. 4. Chair's Quarterly Activity Report BOD- 061 -12 RESOLVED THAT Chair's Report No. 01 -12 -CHAIR which provide an overview of the Chair's activities for the period January 1 to March 31St, 2012, be received. 6. Proposed Permit Fees Increase (2012 -2013) BOD- 062 -12 RESOLVED THAT Staff Report No. 24- 12 -BOD regarding the Planning and Development Fees Policy be received; and FURTHER THAT the Planning and Development Fees Policy dated April 5, 2012 be approved for implementation effective July 1, 2012. 8. Permit Summary— Quarterly Report BOD- 064 -12 RESOLVED THAT Staff Report No. 26- 12 -BOD regarding the first quarter monitoring of planning and development applications for the period January 1 through March 31, 2012 and the summary of Plans of Subdivisions be received for information. Page 209 of 277 12d) - Lake Simcoe Region Conservation Authority, minutes of Lake Simcoe Region Conservation Authority Board of Directors Meeting No. BOD -04 -12 April 27th 2012 - Minutes Page 6 of 9 9. Prof. E.A. Smith Education Centre — Future Options BOD- 065 -12 RESOLVED THAT Staff Report 27- 12 -BOD regarding options for the future of the Professor E.A. Smith Natural Resources Education Centre be received; and THAT staff prepare a Request for Proposal to solicit leasing proposals from third parties; and FURTHER THAT staff be directed to assess leasing proposals, continue researching options, and report back to the Board of Directors no later than September 28`h, 2012 with a final assessment and recommended direction for Board's approval. 10. 2012 Conservation Awards Program BOD- 066 -12 RESOLVED THAT Staff Report 30- 12 -BOD regarding the 2012 Conservation Awards Program be received and: FURTHER THAT the 2012 Conservation Awards ceremony be held on Thursday, November 1, 2012 at Madsen's Garden & Greenhouses in Newmarket. XI. CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 5. Thiess Twinning Project Chair Hackson announced that LSRCA's Twinning partners from Mexico are expected to be in Newmarket the week of June 5th, 2012. Plans are underway to establish the itinerary for their visit which will include various tours throughout the watershed. Board Members will be kept informed of the events planned and will be invited to be engaged in the various activities /events. The International RiverFoundation is contributing $20,000 (AUD) towards this tour. Moved by: D. Kerwin Seconded by: D. Bath BOD- 067 -12 RESOLVED THAT the verbal update regarding the LSRCA's Twinning Project initiative with Mexico (Ayuquila Watershed) be received. CARRIED 7. Permit Dormancy Policy The Board received Staff Report No. 25- 12 -BOD regarding the creation of a File Dormancy Policy for LSRCA. Staff provided the following information in response to questions from the Board: • LSRCA polled other conservation authorities to inquire about policies and appropriate guidelines. Most use six months to close a file and some use one year. LSRCA is using the guideline of six months to deem a file dormant. These guidelines will be incorporated into the new file information management system which is to be implemented in early July. • LSRCA will send a form letter to the owner /applicant advising that the file will be considered closed. Moved by: B. Drew Seconded by: A. Eek BOD- 068 -12 RESOLVED THAT Staff Report No. 25- 12 -BOD regarding the LSRCA File Dormancy Policy be approved. CARRIED Page 210 of 277 12d) - Lake Simcoe Region Conservation Authority, minutes of Lake Simcoe Region Conservation Authority Board of Directors Meeting No. BOD -04 -12 April 27th 2012 - Minutes Page 7 of 9 XII. CLOSED SESSION The Board moved to Closed Session to deal with confidential legal matters. Moved by: J. O'Donnell Seconded by: E. Bull BOD- 069 -12 RESOLVED THAT THAT the Board move to Closed Session to deal with confidential legal matters and FURTHER THAT the Chief Administrative Officer, Members of the Executive Management Team and the Administrative Assistant, Watershed Management remain in the meeting for this discussion. CARRIED Moved by: D. Kerwin Seconded by: J. O'Donnell BOD- 070 -12 RESOLVED THAT THAT the Board rise from Closed Session. CARRIED (a) Enforcement Activity Report Moved by: M. Coutanche Seconded by: M. Baier BOD- 070 -12 RESOLVED THAT Confidential Staff Report 28- 12 -BOD regarding the first quarter status of enforcement matters for the period January 1 through March 31, 2012 be received for information. CARRIED XIII. OTHER BUSINESS (a) 2012 Budget The Board received Staff Report No. 12 -BOD regarding the LSRCA's 2012 Budget and the budget book. The General Manager, Corporate and Financial Services provided a detailed presentation related to the 2012 budget. The following information was provided in response to questions from the Board: • Of the $242,000 draw on reserves for the 2012 budget, $116,000. is related to working capital. The projected end balance for reserves is $1,242,000 of which approximately $800,000 relates to asses management reserves. The working capital reserve has been created for the purpose of providing flexibility required from one year to the next when budgeting. • Increase to the Planning fees are not included in the 2012 budget as they were not yet established at the time the budget was being finalized. The new fees will be implemented in July 2012 and it is expected the increase will generate approximately $30K for the Planning activities and approximately $25K for activities related to Regulations. • The ten year loan provided by York Region for LSRCA's building is treated as a forgivable loan which means that the repayment of approximately $179K per year is forgiven by the Region. However keeping the loan on the books for LSRCA does create some confusion. Page 211 of 277 12d) - Lake Simcoe Region Conservation Authority, minutes of Lake Simcoe Region Conservation Authority Board of Directors Meeting No. BOD -04 -12 April 27th 2012 - Minutes Page 8 of 9 • Chair Hackson requested that the Board Members from York Region consult with their Mayor's to help facilitate the removal of this forgivable loan from the books as it does not have to be repaid to York Region. A weighted recorded vote was taken for the approval of the Authority's 2012 budget. Moved by: G. Dawe Seconded by: B. Drew BOD -63 -12 RESOLVED THAT Staff Report 29- 12 -BOD regarding LSRCA's 2012 Proposed Budget be received; and THAT the 2012 budget estimates, with projected revenues in the amount of $13,991,721, as presented in the 2012 budget book be approved; and THAT the net reserve appropriations in the amount of $242,674 as outlined in the 2012 budget book be approved; and THAT copies of the approved budget be circulated to the Lake Simcoe Region Conservation Authority watershed member municipalities; and FURTHER THAT each watershed member municipality be formally advised of their respective share of the general levy and special capital levy. The Authority's 2011 Budget was approved with a weighted recorded vote of 92.86% representing 100% of those in attendance at the meeting. Representative Partner Municipality CVA Councillor Maria Baier Town of Innisfil 5.59% Reg'I Councillor Jack Ballinger Durham Region (Uxbridge) 2.98% Reg'I Councillor Debbie Bath Durham Region (Brock) 2.98% Mr. Eric Bull City of Barrie 12.79% Councillor Glenn Campbell City of Kawartha Lakes 0.61% Councillor Mel Coutanche Township of Oro - Medonte 1.53% Councillor Phil Craig York Region (Georgina) 7.14% Councillor Del Crake Town of Bradford -West Gwillimbury 5.53% Mayor Geoffrey Dawe York Region (Aurora) 7.14% Reg'I Councillor Bobbie Drew Durham Region (Scugog) 2.98% Councillor Avia Eek York Region (King) 7.14% Councillor Ken Ferdinands York Region (Wh itch urch- Stouffville) 7.14% Mayor Robert Grossi York Region (at Large) absent Mayor Virginia Hackson, Chair York Region (East Gwillimbury) 7.14% Councillor Bruce Haire Town of New Tecumseth 0.61% Councillor Dave Kerwin York Region (Newmarket) 7.14% Councillor John O'Donnell Township of Ramara 1.63% Councillor Barry Ward City of Barrie 12.79% Total 92.86% Page 212 of 277 12d) - Lake Simcoe Region Conservation Authority, minutes of Lake Simcoe Region Conservation Authority Board of Directors Meeting No. BOD -04 -12 April 27th 2012 - Minutes Page 9 of 9 Next Meeting Date: May 25th, 2012 — Sir Robert Barrie Room, City of Barrie, 70 Collier Street, Barrie ON. Parking passes were provided to Members at the meeting. The Lakes Simcoe and Couchiching /Black River Source Protection Authority will meet first from 9:00 to approximately 10:30 a.m. followed by the meeting of LSRCA's Board of Directors. ADJOURN Meeting adjourned at 12:15 p.m. on a motion by Regional Councillor D. Bath original signed by: Mayor V. Hackson Chair original signed by: D. Gayle Wood Chief Administrative Officer Page 213 of 277 12d) - Lake Simcoe Region Conservation Authority, minutes of... Lake Simcoe Region conservation authority Board Meeting Highlights May 25th 2012 Announcements: Journal of Great Lakes Research CAO Gayle Wood announced that LSRCA's Limnologist, Dr. Brian Ginn, was recently recognized for the article he wrote on aquatic plants that was published in the Journal of Great Lakes Research. Dr. Ginn's article was ranked as one of the top 25 most cited articles in the Journal — cited 95 times. In addition, Dr. Ginn has received personal requests from researchers in Africa, Europe, South America and the US looking for more information on his study and the work he is doing. Chair Hackson on behalf of the Board congratulated Dr. Ginn. Durham Environmental Advisory Committee Environmental Achievement Awards CAO Gayle Wood announced that LSRCA received the "Jessica Markland Partnership Award" which recognizes the cooperative efforts of those who strive to enhance the environment by building partnerships with the public, community and private interests. LSRCA was nominated by the Township of Brock for the work undertaken along the Beaver River Trail. In addition, the Lake Simcoe Conservation Foundation was also recognized as a partner in the Beaver River Trail project. Chair Hackson formally accepted the award on behalf of LSRCA. 1i Simcoe County Regional Science & Technology Fair L -R: Mayor Terry Clayton, Township of Brock, Brian Kemp, Mayor CAO Gayle Wood advised that LSRCA participated in the Virginia Hackson, Regional Councillor Debbie Bath, Deputy Mayor annual Simcoe County Regional Science and Technology Bobbie Drew, Regional Councillor Jack Ballinger. Fair, providing a $100 prize donation. The LSRCA award was presented to Grace McLachlin, a Grade 8 student from Maple Grove Public School for her project "Redesigning Storm Water Ponds with Wildlife in Mind ". Delegation from ChongQing Water Resource Bureau, China Conservation Ontario has asked LSRCA to host a delegation from ChongQing Water Resource Bureau, to share experiences around projects, such as the Maskinonge River Recovery Project. The delegation is expected to visit in mid -June, 2012. Lake Simcoe Region Conservation Authority, 120 Bayview Parkway, Newmarket, ON L3Y 4X1 E -mail: info @Isrca.on.ca Web site: www.lsrca.on.ca Page 214 of 277 12d) - Lake Simcoe Region Conservation Authority, minutes of... LSRCA Board of Directors th Lake Simcoe Region Meeting Highlights— May 25 , 2012 conservation authority Page 2 of 3 Presentations (a) Heritage Lake Simcoe Proposal Ms. Barbara Love and Ms. Marj Mossman, representing the Heritage Lake Simcoe Committee, provide a presentation to the Board requesting LSRCA Board support of the initiative to have Lake Simcoe designated as a Heritage Lake. Following this presentation the Board requested LSRCA staff to provide a Staff Report to the June 2012 Board meeting for consideration. (b) Upper York Sewage Solutions The Board received a presentation from Ms. Erin Mahoney, Commissioner, Environmental Services and Daniel Kostolpolous, Director, Capital Planning and Delivery, York Region, related to the Upper York Sewage Solutions. The purpose of this presentation was to provide a project status update. Staff advised the Board that a review of all technical reports is currently underway and a Staff Report, providing further information including a recommendation from staff, will be provided for the June 2012 meeting. Staff Reoorts: Landowners Environmental Assistance Program(LEAP) The Board received Staff Report No. 34- 12 -BOD which provided a progress report of the LEAP during 2011. Staff reported that a total of 214 new projects were completed with grant funding through LEAP which included projects such as, but not limited to, upgrading septic systems(96 projects); planting trees and shrubs(27 projects); decommissioning unused water wells(52); managing milkhouse waste(1). Staff also advised that a review of the current LEAP is underway to ensure the program remains effective and to strengthen LSRCA's position to secure external funding. It is expected that a refined program will be re- launched in 2013. Lake Simcoe Clean Up Fund (LSCUF) The Board received Staff Report No. 35- 12 -BOD regarding LSRCA's participation in Environment Canada's Lake Simcoe Clean Up Fund. Over the course of the program, 2008 -2012, LSRCA completed 66 projects in the Lake Simcoe watershed — 16 Science and Research projects and 50 Environmental Restoration Projects. The total approximate cost for these projects was $12M of which $5.81M was funded through the LSCUF. While the funding program has now concluded, the recent federal budget announcement included continued funding for Lake Simcoe and staff are currently awaiting further information in this regard. 2012/2013 Provincial Funding to LSRCA for Implementation of the Lake Simcoe Protection Plan The Board received Staff Report No. 36- 12 -BOD related to the approved 2012/2013 funding LSRCA will receive from the provincial government to support the implementation of the Lake Simcoe Protection Plan. Risk Management Services — Source Protection Plan The Board received and approved Staff Report No. 38- 12 -BOD regarding LSRCA offering Risk Management Program services to municipalities in relation to the Source Protection Plan. Services will be available, if requested, to those municipalities within the Lakes Simcoe Black River Source Protection Area. Page 215 of 277 12d) - Lake Simcoe Region Conservation Authority, minutes of... LSRCA Board of Directors Meeting Highlights — May 25th, 2012 Page 3 of 3 Other Business: (a) Board Meetings: Schedule Changes: • July 27th Board meeting will be hosted by the Township of Ramara. • August 24th Board meeting is cancelled — summer recess. Next Meeting: • June 22 "d, 2012 — will be held as LSRCA Offices, Newmarket, ON - Boardroom. Lake Sation Region ns � coervation authority (b) Resignation: Gina Casey CAO Gayle Wood advised that Gina has resigned from LSRCA effective June 8th, to accept a position of Executive Assistant to the Mayor and Council, Town of East Gwillimbury. The Board all acknowledged Gina for her leadership and guidance over the past 11 years and extended congratulations and best wishes to her in her next career. Page 216 of 277 12e) - Minutes of Nottawasaga Valley Conservation Authority NOTTAWASAGA VALLEY CONSERVATION AUTHORITY BOARD OF DIRECTORS 04/12 MINUTES rk�fk Date: Friday April 27, 2012 Location: John L. Jose Learning Centre — Utopia Present: Chair: Walter Benotto Town of Shelburne 1St Vice Chair: Nina Bifolchi Town of Wasaga Beach 2"d Vice Chair: Darren White Township of Melancthon Members: Gail Ardiel Town of the Blue Mountains Mary Brett Township of Adjala Tosorontio Brian Jackson City of Barrie Earl Hawkins Township of Mulmur Ralph Hough Township of Oro - Medonte Rob Keffer Township of Bradford West Gwillimbury Kevin Lloyd Town of Collingwood Bob Marrs Town of New Tecumseth Paul McQueen Municipality of Grey Highlands Fred Nix Town of Mono Brent Preston Township of Clearview Perry Ritchie Township of Springwater Alicia Savage Township of Clearview Michael Smith Township of Essa Joan Sutherland Town of New Tecumseth Percy Way Township of Amaranth Rick Webster Township of Springwater Keith White Township of Essa Regrets: John Crawford Township of Oro - Medonte Daniel Davidson Town of Innisfil Mike Edwards Town of Collingwood George Watson Town of Wasaga Beach Guest: Mike Laycock, Auditor, BDO Canada Staff Present: Wayne Wilson, CAO /Secretary- Treasurer, Susan Richards, Director of Corporate Services Christine May, Finance Administrative Coordinator Caleigh Clubine, Communications /PR Coordinator Chris Hibberd, Director of Planning, Barb Perreault, Senior Environmental Officer, Glenn Switzer, Director of Engineering and Technical Services Dave Featherstone, Manager Watershed Monitoring, Ryan Post, Hydrogeologist /SWP Coordinator Byron Wesson, Director of Land Operations and Stewardship Services Recorder: Laurie Barron, Executive Assistant Page 217 of 277 12e) - Minutes of Nottawasaga Valley Conservation Authority BOARD OF DIRECTORS MINUTES No: 04/12 27 April, 2012 Page 2 of 7 1. CALL TO ORDER Chair Benotto called the meeting to order at 9:00 a.m. 2. MOTION TO ADOPT AGENDA RES. #1 MOVED BY: Percy Way SECONDED BY: R. Hough RESOLVED THAT: The Agenda for Board of Directors Meeting #04/12 dated 27 April, 2012 be adopted. Carried; 3. PECUNIARY INTEREST DECLARATION Michael Smith, member representing the Township of Essa, declared a pecuniary interest on Item #11 as he has purchased trees through the forestry program and is named in the financial statements. He did not vote or participate in the discussion. 4. MINUTES 4.1 Minutes of the Board of Directors Meeting 03/12 dated 23 March, 2012. RES. #2 MOVED BY: Ralph Hough SECONDED BY: P. Way RESOLVED THAT: the Minutes of the Board of Directors Meeting 03/12 dated 23 March, 2012 be approved. Carried; 5. BUSINESS ARISING FROM MINUTES None noted. 6. PRESENTATION TO THE BOARD • 2011 NVCA Audited Financial Statements Michael Laycock, Auditor, BDO Canada advised that the financial statements present fairly, in all material respects, the financial position of the NVCA as at December 31, 2011, December 31, 2010 and January 1, 2010. Staff were directed by the Board of Directors to conduct a survey of other Conservation Authorities with respect to the percentage of reserve funds that they budget for. RES. #3 MOVED BY: Percy Way SECONDED BY: Perry Ritchie RESOLVED THAT: the Board recieve the 2011 NVCA Financial Statements as presented by Mike Laycock, BDO Canada LLP; and, THAT: a copy be sent to the Minister of Natural Resources, Conservation Ontario and be placed on the NVCA website. Carried; Page 218 of 277 12e) - Minutes of Nottawasaga Valley Conservation Authority BOARD OF DIRECTORS MINUTES No: 04/12 27 April, 2012 Page 3 of 7 STAFF REPORTS 7. REPORT OF THE DIRECTOR OF LAND OPERATIONS AND STEWARDSHIP SERVICES • Fort Willow Conservation Area Pavilion Capital funding request RES. #4 MOVED BY: Perry Ritchie SECONDED BY: Percy Way RESOLVED THAT: staff be authorized to use $6000 from the NVCA Capital Repair and Replacement Reserve to complete the Educational Pavilion project at Fort Willow Conservation Area. Carried; S. REPORT OF THE DIRECTOR OF PLANNING • Permits For Ratification for the Period February 18, 2012 to April 18, 2012. RES. #5 MOVED BY: Perry Ritchie SECONDED BY: Earl Hawkins RESOLVED THAT: the Permits /Approvals issued by staff for the period, February 18, 2012 to April 18, 2012 be approved. Carried; 9. REPORT OF THE MANAGER OF ADMINISTRATION AND HUMAN RESOURCES AND THE COMMUNICATION/ PR COORDINATOR • Communications Report — February and March 2012. RES. #6 MOVED BY: Percy Way SECONDED BY: Earl Hawkins RESOLVED THAT: The Communications report for February and March, 2012 be received. Carried; 10. REPORT OF THE DIRECTOR OF CORPORATE SERVICES • Board Member Per Diem 2012 RES. #7 MOVED BY: Percy Way SECONDED BY: Rick Webster RESOLVED THAT: staff be directed to seek approval of the Ontario Municipal Board (OMB), pursuant to Section 37 of the Conservation Authorities Act, to apply a cost of living increase to NVCA members per diems of 2 %; and THAT: the increase be effective as at January 1, 2012. Carried; Page 219 of 277 12e) - Minutes of Nottawasaga Valley Conservation Authority BOARD OF DIRECTORS MINUTES No: 04/12 27 April, 2012 Page 4 of 7 11. REPORT OF THE FINANCE ADMINISTRATIVE COORDINATOR AND THE CAO /SECRETARY- TREASURER Financial activity report summary to March 31, 2012 a) Accounts Receivable Summary as at March 31, 2012 RES. #8 MOVED BY: Perry Ritchie SECONDED BY: Rick Webster RESOLVED THAT: The Chair be authorized to approve the Accounts Receivable as at March 31, 2012 in the amount of $1,687,609.89 including Planning items of $420,775.50 Carried; b) Summary of Disbursements for the month of March, 2012 RES. #9 MOVED BY: Perry Ritchie SECONDED BY: Rick Webster RESOLVED THAT: The Chair be authorized to approve disbursements as at March 31, 2012 in the sum of $355,605.24 including wages (net of withholdings) of $144,532.63 Carried; c) Statement of Operations for Period Ending March 31, 2012 RES. #10 MOVED BY: Perry Ritchie SECONDED BY: Rick Webster RESOLVED THAT: The Combined Statement of Operations Program Summary as at March 31, 2012 be received. Carried; 12. REPORT OF THE CAO /SECRETARY- TREASURER 12.1 2012 First Quarter Budget Report RES. #11 MOVED BY: Brent Preston SECONDED BY: Alicia Savage RESOLVED THAT: the Board of Directors receive the 2012 First Quarter Budget Report; and THAT: staff continue to monitor budget activities, including the preparation of a 6 month budget status report. Carried; IN- CAMERA RES. #11(a) MOVED BY: Gail Ardiel SECONDED BY: Kevin Lloyd RESOLVED THAT: This meeting of the Board of Directors No.04/12 go °In- Camera" at 10:10 a.m. to address matters pertaining to: • Personal matters about an identifiable individual, including Authority staff; and THAT: the Director of Corporate Services be present. Carried; Page 220 of 277 12e) - Minutes of Nottawasaga Valley Conservation Authority BOARD OF DIRECTORS MINUTES No: 04/12 27 April, 2012 Page 5 of 7 OUT OF IN- CAMERA RES. #11(b) MOVED BY: Kevin Lloyd SECONDED BY: Gail Ardiel RESOLVED THAT: This meeting of the Board of Directors No. 03/12 come out of in- camera at 10:29 a.m. and report. Carried; 12.2 NVCA 2012 -2014 Business Plan Staff reviewed the Planning and Engineering sections of the Business Plan with the Board. Discussion regarding a future review of the planning and regulations guidance document and review of the NVCA targets, received general support by the Board. Due to time constraints the review of the Watershed Monitoring and Source Water Protection sections of the Business Plan were deferred to the next meeting of the Board. RES. #12 MOVED BY: Rob Keffer SECONDED BY: Alicia Savage BE IT RESOLVED THAT: the Board of Directors receive the Draft 2012 to 2014 Business Plan update presentation and direct staff to make amendments as per Board Direction. Carried; 13. NEW OR UNFINISHED BUSINESS None noted 14. CORRESPONDENCE (a) Thank you note from Chair Walter Benotto (b) Kawartha Conservation dated Mar 6/12 re: Large fill procedural guideline. (c) Ganaraska Conservation dated Mar 6/12 re: Commercial fill concerns. (d) Conservation Ontario Council dated Mar 16/12 re: amendment to the by -laws of the Association of Conservation Authorities of Ontario. (e) Town of New Tecumseth dated Mar 16/12 re: Conservation Authorities Act, member weighted vote amendment. (f) Town of Innisfil dated Mar 21/12 re: NVCA request for to consider reducing representation to one member. Page 221 of 277 12e) - Minutes of Nottawasaga Valley Conservation Authority BOARD OF DIRECTORS MINUTES No: 04/12 27 April, 2012 Page 6 of 7 (g) Ministry of Transportation dated Mar 21/12 re: response to NVCA concerns for flooding issues at highway 400 and Innisfil Creek. (h) Conservation Ontario dated Mar 23/12 re: potential amendments to the Fisheries Act and Species at Risk Act. (i) NVCA letter to the Town of Innsifil dated Mar 27/12 re: NVCA member weighted vote. (j) NVCA letter to the Town of New Tecumseth dated Mar 27/12 re: NVCA member weighted vote. (k) Township of Oro Medonte dated Mar 28/12 re: NVCA request to consider reducing representation to one member. NVCA response dated Apr 3/12 (1) NVCA dated Mar 29/12 re: letter to Conservation Ontario re: resolution passed by NVCA Board re: request to amend the CA Act to facilitate member reduction (m) Conservation Ontario letter to Minister of Natural Resources dated Apr 4/12 re: Ministry's plan for the restructuring of MNR. (n) Conservation Ontario dated Apr 11/12 re: Conservation Ontario's Large -Scale Fill Operations Policy Discussion Paper. (o) Ecojustice dated Apr 4/12 re: Drinking Water Protection for Honeywood and Horning's Mills. (p) NVCA response to Ecojustice letter (item (o) above) dated Apr 19/12 (q) Dufferin South Simcoe Land Stewardship Network (DSSLSN) dated Apr 22/12 re: NVCA representation on DSSLSN. (r) NVCA response to DSSLSN letter (item (q) above) dated Apr 19/12 (s) Conservation Ontario press release, Don Pearson General Manager, dated Apr 12/12 re: Comments on the proposal to increase water rates. Page 222 of 277 12e) - Minutes of Nottawasaga Valley Conservation Authority BOARD OF DIRECTORS MINUTES No: 04/12 27 April, 2012 Page 7 of 7 (t) Communication flyer from Conservation Ontario re: 2012 RBC water attitudes study. RES. #13 MOVED BY: Kevin Lloyd SECONDED BY: Alicia Savage RESOLVED THAT: Correspondence not specifically dealt with be placed on file. Carried; ADJOURN RES. #14 MOVED BY: Kevin Lloyd SECONDED BY: Rob Keffer RESOLVED THAT: This meeting adjourn at 12:00 p.m. to meet again at the call of the Chair. Walter Benotto, Chair Approved this 25th day of May, 2012 Carried; Wayne R. Wilson, CAO/ Secretary- Treasurer Page 223 of 277 12f) - Correspondence dated May 30, 2012 from Mayors Coaliti... Mayors Coalition for Affordable Mayors Coalition c/o John Lessif Sustainable Town of Tillsonburg 200 Broadway Accountable Tillsonburg, ON Policing N4G 5A7 May 30, 2012 Dear Mayor Hughes; We do hope this email finds all is well with you and your community Certainly you've seen that the Federation of Canadian Municipalities (FCM) has released its annual State of Cities and Communities Report. Chapter Four takes a good look at policing; the notes below are from the Executive Summary. FCM State of Cities and Communities Report Chapter 4: The State of Policing and Public Safety There is nothing more important to Canadians than the safety of their families and communities. Despite declining crime rates, however, the costs of crime measured in lives and property remains staggeringly high. Canadians have a right to know that governments are making the very most of every dollar they invest fighting crime and its causes, properly funding their policing and public safety duties, and tearing down silos between federal, provincial, and municipal police forces. Canada's policing system, however, is badly in need of repair. During the past 30 years, an unsustainable share of Canada's policing duties has been shifted onto municipalities, either through direct downloading or the inability of an overburdened RCMP to fulfill its full responsibilities. This puts a strain on the limited fiscal capacity of municipalities. As more money is spent on policing, there are fewer resources available to address other services that contribute to safe and healthy communities. This is not sustainable for municipalities or for property taxpayers. The FCM findings are similar to those of the Mayors Coalition for Affordable Sustainable Provincial Policing. This independent verification that we are all on the right track when it comes to the need for change is welcomed and certainly adds value to our efforts. Link to the full report is here Sincerely, Mayors Coalition Steering Committee Cochrane Mayor Peter Politis Arnprior Mayor David Reid Penetanguishene Mayor Gerry Marshall Parry Sound Mayor Jamie McGarvey Norfolk Mayor Dennis Travale Tillsonburg Mayor John Lessif Page 224 of 277 12f) - Correspondence dated May 30, 2012 from Mayors Coaliti... FCM - Building our Communities Building our Communities The Latest FCM launches The State of Canada's Cities and Communities 2012 Page 1 of 2 The State of Canada's Cities and Communities 2012 surveys the national challenges playing out in the places Canadians live, work, and raise their families. The report has two parts. Part One takes a look at recent fiscal trends affecting our cities and communities. It reviews the financial challenges cities and communities have struggled with during the past two- and -half- decades, and what progress has been made in addressing them. Part Two looks at the state of intergovernmental cooperation in Canada. It focuses on three areas where federal, provincial - territorial, and municipal governments have overlapping roles and responsibilities: policing and public safety, housing, and environmental sustainability. The report shows that despite recent investments, the outlook for our cities and communities is uncertain. Local governments continue to operate without a stable, secure share of the total tax revenues generated by their communities. They also remain vulnerable to offloading of costly responsibilities by other orders of government. As a result, they are caught in a chronic state of fiscal insecurity, without the stable financing and settled responsibilities to effectively plan for the future. • The State of Canada's Cities and Communities 2012 rs • The State of Canada's Cities and Communities 2012 - Highlights and key fmdings i3 • The State of Canada's Cities and Communities 2012 - Backgrounder R • News release: The State of Canada's Cities and Communities 2012 http://www.fcm.ca/home/l*ssues/infrastxuctare.htm 5/31 /2012 Page 225 of 277 12f) - Correspondence dated May 30, 2012 from Mayors Coaliti... FCM - Building our Communities Page 2 of 2 FCM launches Municipal Infrastructure Forum The Municipal Infrastructure Forum brings together local government, business, and professional associations to support the federal government's new, long -term infrastructure plan, and to ask how they can work together to build the roads, bridges, water and transportation systems Canada needs to support its families, businesses, and national economy. • News Release: FCM launches Municipal Infrastructure Forum Federal government promises new infrastructure plan will deliver long -term solutions On November 30, 2011, The Honourable Denis Lebel, Minister of Transport, Infrastructure and Communities, and Minister of the Economic Development Agency of Canada for the Region of Quebec, launched an infrastructure planning process. The new process promises to stop Canada's aging municipal infrastructure from declining. A growing partnership between all orders of government generated this process, which will culminate in a new long -term infrastructure plan. "Our combined efforts in fighting the recession proved that governments work best when they work together," said FCM's President, Berry Vrbanovic. "Today's launch is one big step toward keeping common sense collaboration alive in Ottawa, and protecting core investments in Canada's infrastructure when today's programs expire in 2014." FCM will provide information and updates related to the process for developing a long -term infrastructure plan for municipalities. Learn more about what FCM is doing to find common- sense, long -term solutions to the municipal infrastructure deficit. Read more... • Government of Canada Invites Partners to Join in Developing a Long -Term Infrastructure Plan a • The Engagement Process for Developing a Long -Term Infrastructure Plan 0 • Building for Prosperity • Climate Change Adaptation Page Updated: 29/05/2012 Federation of Canadian Municipalities 24 Clarence Street Ottawa, Ontario K1N 5P3 T. 613 -241 -5221 F. 613 -241 -7440 Email: info(a fcm.ca © 2011 Copyright Federation of Canadian Municipalities I Privacy Policy I Site Map http: / /www.fcm.ca/home /issues /infrastructure.htm 5/31/2012 Page 226 of 277 Minister Responsible for Seniors 400 University Avenue 14" floor Toronto, ON M7A 1T7 Tel: (416) 326 -7600 Fax: (416) 326 -1449 May 25, 2012 Dear Mayor or Reeve: 13a) - Correspondence dated May 25, 2012 from Linda Jeffrey,... Ministre deleguee aux Affaires des personnes agees 400, avenue University 14' etage Toronto, ON M7A 1T7 Tel.: (416) 326 -7600 Telec.: (416) 326 -1449 Francais June is Seniors' Month, a time to honour our seniors for the knowledge, experience and contribution they make every day in communities across the province. This year's theme for 2012 Seniors' Month - Celebrate. Participate - I believe captures the spirit of today's seniors who are independent, active and living life to its fullest. The theme also creates momentum for the upcoming Ontario 55+ Summer Games in August in Brampton. The games will feature active seniors from across the province in a wide range of competitive sports, from tennis and pickle ball to cribbage and euchre. June is also Recreation and Parks Month. This is the second year that the Ontario Seniors' Secretariat and Parks and Recreation Ontario are partnering for our June celebrations. We encourage you to officially proclaim June as both Seniors' Month and Recreation and Parks Month. For your convenience, sample proclamations are available on the Ontario Seniors' Secretariat website. When you officially proclaim June as Seniors' Month and Recreation and Parks Month, please let us know at seniorsmonth(a)ontario.ca and irpm(cr7prontario.org. You can find more information about Seniors' Month events at www.ontario.ca /seniorsmonth. An event notice form is also available at this location, and we encourage you to fill it out so that the Ontario Seniors' Secretariat may help promote your events in our online calendar. A new Recreation and Parks Month website, featuring the Hike it or Bike it! theme for 2012, also allows your community to list events and trails where seniors and all citizens can enjoy being active in your community. Visit www.recandparksmonth.ca to register and to download more resources. Please also mark your calendars for June 15, which is World Elder Abuse Awareness Day. This day presents a meaningful opportunity to have a conversation, and to share information and become more involved. For more information about elder abuse, visit the Ontario Network for the Prevention of Elder Abuse's website at www.onpea.org. Working in partnership with you helps make Ontario the best province in the best country in the world. Sincerely, Linda Jeffrey Minister Page 227 of 277 13b) - Correspondence received May 22, 2012 from Lorys Fracc... RECEIVED Letter to Council MAY 2 2 2012 Mr. J. Douglas Irwin ORO- MEDONTE TOWNSHIP Dear Sir, My name is Lorys Fraccaro and I am the owner of 50944 Line N in the township of Oro - Medonte. I am currently in the process of applying for a kennel designation and license for the property mentioned above and am seeking an exemption to kennel licensing by -law until the application has been processed. On May 212012 1 submitted the application for zoning change. I am asking that I be allowed to keep my dogs while the application is processed. I currently have eight (8) German Shepherds on the property. if my request is granted all dogs will be licensed with the township (as per by -law) as I just recently moved to the property as a main residence and moved all my dogs up here. Some are registered in Toronto. I am hoping that you will grant my request. Thank You, rys Fracc ro i Page 228 of 277 13c) - Correspondence dated May 22, 2012 from Mayor Ken Ferg... May 22, 2012 Mayor and Council Township of Oro - Medonte 148 Line 7 South, Oro, ON LOL 2X0 Dear Mayor Hughes, On behalf of Clearview Council and our project partners; County of Simcoe and Ontario Provincial Police, I wish to extend an invitation to you and your Council for the Community Grand Opening of the Joint Emergency Services Facility on June 16, 2012 from 10 am to 2 pm with the official ceremony beginning at 11 am. Clearview and Simcoe have partnered to construct a newjoint emergency facility through a proportional share ownership model. Located at 6993 Highway 26 in Stayner, the 17,000 square foot facility will house Simcoe County Paramedic Services, Ontario Provincial Police, Clearview Fire Services and Clearview Township emergency operations centre. The Community Grand Opening will allow us to showcase our innovative approach to improving the operating efficiency of emergency management services through alternative service delivery initiatives and partnerships. I hope that you will be able to join us in celebrating this unique achievement. Sincerely, I e, ; tew --- — Ken Ferguson, Mayor Clearview Township Clearview Township • 217 Gideon Street • Stayner, ON • LOM 1 S - (705) 428 -6230 www.clearview.ca Page 229 of 277 --. RECE9 I MAY 2 5 2017 0 R04v': E' CLEARVIEW TOWNSHIP]cirrr� Established 1994 May 22, 2012 Mayor and Council Township of Oro - Medonte 148 Line 7 South, Oro, ON LOL 2X0 Dear Mayor Hughes, On behalf of Clearview Council and our project partners; County of Simcoe and Ontario Provincial Police, I wish to extend an invitation to you and your Council for the Community Grand Opening of the Joint Emergency Services Facility on June 16, 2012 from 10 am to 2 pm with the official ceremony beginning at 11 am. Clearview and Simcoe have partnered to construct a newjoint emergency facility through a proportional share ownership model. Located at 6993 Highway 26 in Stayner, the 17,000 square foot facility will house Simcoe County Paramedic Services, Ontario Provincial Police, Clearview Fire Services and Clearview Township emergency operations centre. The Community Grand Opening will allow us to showcase our innovative approach to improving the operating efficiency of emergency management services through alternative service delivery initiatives and partnerships. I hope that you will be able to join us in celebrating this unique achievement. Sincerely, I e, ; tew --- — Ken Ferguson, Mayor Clearview Township Clearview Township • 217 Gideon Street • Stayner, ON • LOM 1 S - (705) 428 -6230 www.clearview.ca Page 229 of 277 v CQ CD N W O O N qortt- ti(-s Ztt'- :S l CLEARV[EW TOWNSHIP E..bh,b.l 17ry9 Joint Emergency Services Facility COMMUNITY GRAND OPENING June 16, 2012 6993 Highway 26 Official ceremony begins 10 a.m. to 2 p.m. Stayner, Ontario at 11 a.m., followed by a Complimentary BBQ CA) 0 CD O D Q CD D 0 CD CD Q N N N O N O 3 O CD D CD (Q 13d) - Orillia Public Library re: Grand Opening Celebration.... I ��'`- • Orillia Public rs Librar ( Y GRA V PENING Vou re gnvife�� Come and witness &-toty in tkie makin- . Saturday June 2, 2012 From 10:00 a.m. - 4:00 p.m. Opening Ceremonies at 1:30 p.m. Join us to celebrate the official opening of Orillia's NEW STATE -OF- THE -ART LIBRARY! Come see what everyone is talking about! Guided tours every 15 minutes! ENTERTAINMENT- PRIZES - FREE GIVEAWAYS REFRESHMENTS Sunshine 89.1 Radio on site! Page 231 of 277 13e) - Correspondence dated May 24, 2012 from Garfield Dunlo... From: Dunlop -CO, Garfield fmailto: aarfield.dunlopco('Slpc.ola.oral Sent: Thursday, May 24, 2012 11:19 AM To: Dunlop -CO, Garfield Subject: Reception at OMAH hosted by Garfield & Jane Dunlop On Sunday, June 24, 2012 from 5:30 to 7:30 p.m. Garfield Dunlop, M.P.P. for Simcoe North, and his wife Jane, will host a reception at the Orillia Museum of Art and History (the Sir Samuel Steele Building) to celebrate and honour Sir Samuel Steele and also as a fundraiser for OMAH. Attached is a letter of introduction and a registration. Tickets can also be purchased at OMAH or at the office of Garfield Dunlop. With the purchase of each reception ticket you will be given a sizeable receipt from OMAH and a complimentary ticket to the Tribute Concert held at 2:00 p.m. on the same day at the Orillia Opera House. Chef Ian and Sarah from Era 67 will be providing delectable appetizers and refreshments. Come and enjoy the entertainment and points of interest planned for you. This is a fun and interesting way to support OMAH, celebrate Sir Sam Steele and mix and mingle with friends and acquaintences. Other events included in Sir Samuel Steele Day: Church Service at St. James Anglican Church at 10:30 a.m. Parade in Downtown district at 12:00 noon Tribute Concert produced by the Orillia Vocal Ensemble with the Orillia Wind Ensemble & Guests - Musical Director Roy Menagh - at the Orillia Opera House at 2 p.m. ($25 each or included with Reception ticket as indicated above) Please pass this message to others who would like to be part of this wonderful day and event. Looking forward to hearing from you. Sincerely, Mary Silk Executive Assistant Garfield Dunlop, MPP Simcoe North 705 - 326 -3246 Page 232 of 277 i 13e) - Correspondence dated May 24, 2012 from Garfield Dunlo... Simca.e ✓Vamtth Al J ga4i" and Jane Oun&p invite y a to a uxeptwa in hanom of Sin Samud Steefe, ane o f eanada',5 wdt -known Pcwstancccd f icyuuj wha woo sta in sa& `Uat4 neon Ctiffia in IS4S and abo, &toed is Ctiffia dwdng hb cga. ah. .Pte upcaming mwseum tenevatian wiU pwuide ,5pace to dedicate a dbpfatf to Stee& and the pwceed6 fwm the wceptiaa wit be donated to the wn"wtia.n Amd. whw. Sandau�, jww 24,202 2 5:30 - 7:30 pm. whew: Cuiaia Attmeumn o f a,,d and No" Sin Samad Steete Atento dat 33a"ag 30 Jeten Street Sauth, CW- ia, Uatavda Cast: $ICC.UU pen pman (Uwb des ticket to J uibute cancent at 2 pan. at Cuiaia (9pena. 3iawe) ( ttation &w u U) J ichiebs auai&dtte: CuiP,tia Attoseum of ant and 3o" Office at gw4i" Dun&p eantact: C9ice of gavt wu 1` wdap 705- 326 -3246 wt I -S00- 304 -7341 ewne join to fan Ptan d'aeutm w created 4 &a 67 and ref w.6hmenb and mix and mine* with atPtm whe, want to ,3uppwd (9.Max and ed horde Svc Samud Steefe. a lw&tantiaP tax receipt wiff 6e 13/5aed Ctdficaa Atwseutn at aut and Jtb" Offim euenbs Utduded in Sin Samud Stu& Dacf: - ehawk Sewke at St. fames atughcan, eAawh at i0:30 am. - Jauade in Dewatataa distuict at i2:00 nem - J u 6ute Lance it pwduced 6# the CuiQPia. `Uacat Emsem6te uuth the Cuiaia wind Emsem6te d gtwb - Attosicat Ohectat 9?o# Atenag& - at the CuiP.tia Cpena Nawe at 2 pan. ($25 each cwt Uwbtded with JcUception ticket cos indicated aPxaue) Page 233 of 277 13e) - Correspondence dated May 24, 2012 from Garfield Dunlo... Name: Address: Phone: Fax: SIR SAMUEL STEELE DAY RECEPTION HOSTED BY MPP GARFIELD & JANE DUNLOP REGISTRATION Celebrate a Great Canadian Sunday, June 24, 2012 Orillia Museum of Art & History Sir Samuel Steele Building 30 Peter Street South, Orillia 5:30 to 7:30 p.m. * * * * * * * * * * * * * * * * * * ** E -mail: Amount: $100.00 X # of tickets = ($100°00 Mdudes Locket to Tdbute Concert at 2 pogo. at Odffla Opera House.) Note: For tax receipt purposes, it is important that exact name and mailing addresses be included. (A substantial tax receipt will be issued by Orillia Museum of Art and History.) Cheque or Money Order: Make payable to Orillia Museum of Art and History. VISA, Mastercard and AMEX Credit Cards accepted. Exact name on Credit Card: Signature: Credit Card #: Return registration by June 10, 2012 to: Date: Mail: Garfield Dunlop, MPP Simcoe North, P. O. Box 2320, Orillia, On, L3V 6S2 E -Mail: Garfield.dunlopco pc.ola.orq In Person: Office of Garfield Dunlop, 14 Coldwater Rd. W., Orillia (705- 326 -3246) Museum of Art and History, 30 Peter St. S., Orillia (705- 326 -2159) Page 234 of 277 15a) - Being a By -law to Establish a Policy with respect to THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2012 -112 Being a By -law to Establish a Policy with respect to the Sale and Other Disposition of Land and to Repeal By -law Nos. 2007 -083, 2007 -104 and 2009 -119 WHEREAS Section 270 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality shall adopt and maintain policies with respect to its sale and other disposition of land; AND WHEREAS Section 224 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that it is the role of council to develop and evaluate the policies of the municipality; AND WHEREAS Section 227 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that it is the role of the officers and employees of the municipality to implement council's decisions and establish administrative practices and procedures to carry out council's decisions; AND WHEREAS the Corporation of the Township of Oro - Medonte did, on the 18th day of July, 2007 enact By -Law Number 2007 -083 to establish a policy /procedure with respect to the sale and other disposition of land and did, on the 26th day of September, 2007 enact By -Law Number 2007 -104 to amend this policy /procedure, and did on the 9th day of September, 2009 enact By -Law No. 2009 -119 to amend this policy /procedure; AND WHEREAS, Council of The Corporation of the Township of Oro - Medonte deems it expedient to update the policy with respect to the sale and other disposition of land; NOW THEREFORE the Council of The Corporation of the Township of Oro - Medonte hereby enacts as follows: 1. Definitions a) "Act" means the Municipal Act, 2001, S.O. 2001, as amended; b) "Appraisal" means a written opinion /letter of opinion of the fair market value of the land prepared by an individual with training and experience in valuing real property, including a registered member of the Appraisal Institute of Canada and /or a licensed real estate agent or brokerage firm; c) "Clerk" means the Director Corporate Services /Clerk of the Township, or his /her designate; d) "Council" means the Council of The Corporation of the Township of Oro - Medonte; e) "Local Board" means a local board as defined in the Municipal Act, 2001, S.O. 2001, as amended; f) "Newspaper' means a document that is printed in sheet form, published at regular intervals of a week or less and circulated to the general pubic, and consists primarily of news of current events of general interest; g) "Publish" means published in a newspaper that, in the opinion of the Clerk, has such circulation within the Township of Oro - Medonte as to provide reasonable notice to those affected by, or interested in the land sale and /or posting of a notice on the Township of Oro - Medonte's website; Page 1 of 6 Page 235 of 277 15a) - Being a By -law to Establish a Policy with respect to h) "Reference Plan" means a plan that is prepared by an Ontario Land Surveyor which pictorially details the dimensions of a parcel of land and which provides a legal description for registration purposes. i) "Sale" means the sale of or other disposal of land, and includes a lease of 21 years or longer; j) "Senior Management Team" means the Township of Oro - Medonte staff holding the following positions: Chief Administrative Officer, Director Finance/Treasurer /Deputy CAO, Director Corporate Services /Clerk, Director Transportation & Environmental Services, Director Development Services, Director Recreation & Community Services, Director Fire & Emergency Services /Fire Chief, Director Corporate & Strategic Initiatives, and Manger Health & Safety, Human Resources; k) "Surplus Land" means any land of the Township of Oro - Medonte declared surplus under this by -law; and 1) "Township" means The Corporation of the Township of Oro - Medonte. 2. Application of Policy a) This policy shall apply to all classes of land owned by the Township, save and except, i. Land sold under Section 110 of the Municipal Act, 2001, S.O. 2001, as amended (municipal capital facilities); ii. Land to be used for the establishment and carrying on of industries and industrial operations and incidental uses; iii. Land sold under Part XI of the Municipal Act, 2001, S.O. 2001, as amended (sale of land for tax arrears); iv. Easements over municipally owned lands, as approved by Council; v. Lease of municipally owned property for a period of less than 21 years, as approved by Council, wherein the municipality retains ownership of the lands; and, vi. Encroachment Agreements, as approved by Council, wherein the Township grants permission for an encroachment to be located on municipally owned lands. 3. Sale or Other Disposition of Land a) The Senior Management Team shall be given the opportunity to provide comments with respect to any potential sale of land. b) A Confidential Report shall be prepared for Council, to be considered in closed session, pursuant to Section 239 of the Municipal Act, 2001, S.O. 2001, as amended, providing all pertinent information, including Senior Management Team comments, with respect to a potential sale of land. c) Prior to the sale of land, Council shall, by resolution, declare the subject lands to be surplus to the needs of the municipality. d) A valuation of the land to be disposed of shall be obtained, except for those classes of land owned by the Township which are exempt pursuant to this policy. e) If deemed necessary, a reference plan of the land proposed to be disposed of shall be obtained from a Registered Ontario Land Surveyor. Page 2 of 6 Page 236 of 277 15a) - Being a By -law to Establish a Policy with respect to 4. Valuation a) Where land needs to be valued, it will be valued by a method determined by the Clerk and approved by Council, including, but not limited to: L An appraisal by a registered member of the Appraisal Institute of Canada; ii. An opinion of value prepared by a licensed real estate agent or real estate brokerage firm; iii. The value assigned by the Municipal Property Assessment Corporation; iv. A value established at a per square foot basis; or v. Such other means as may be specifically determined as appropriate by Council in the circumstances. b) Council shall have the absolute discretion to determine the sale price of the land. 5. Class of Land Exempt from Valuation a) Notwithstanding Section 4 above, the Township shall not be required to obtain an appraisal or opinion of value, unless Council deems it desirable, for any class of land as follows: i. Land 0.3 metres or less in width acquired in connection with an approval or decision under the Planning Act, R.SO. 1990, as amended; ii. Closed highways if sold to an owner of land abutting the closed highways; iii. Land formerly used for railway lines if sold to an owner of land abutting the former railway land; iv. Land that does not have direct access to a highway if sold to the owner of land abutting the land; v. Land repurchased by an owner in accordance with Section 42 of the Expropriations Act, R.S.O. 1990, as amended; vi. Land sold under Sections 107 and 108 of the Municipal Act, 2001, S.O. 2001, as amended; vii. Land sold to a municipality; a local board, including a school board and conservation authority; The Crown in right of Ontario or Canada, and their agencies; and viii. Parcels of land being exchanged with a landowner as part of a procedure that requires the acquisition of that owner's lands for municipal purposes. 6. Notice a) The Clerk shall publish a notice of the intended sale of the land, a minimum of ten (10) days before consideration of the by -law to authorize the proposed sale. Such notice shall be placed at least once, in at least one (1) newspaper having local circulation in the Township, and may also be posted on the Township's website. b) The notice shall specify that any person who claims their land will be prejudicially affected by the proposed sale may comment on the proposed sale by delivering such comment in writing to the Clerk at the Township offices. c) The final date for submitting such comments shall be specified in the notice. Any comments received shall be considered by Council, which in its sole discretion shall decide if any further action shall be taken on same. Page 3 of 6 Page 237 of 277 15a) - Being a By -law to Establish a Policy with respect to d) Notwithstanding Section 6a), the Township shall not be required to publish a notice of the intended sale of land, unless Council deems it desirable, for the following the following class of land: i. Land sold to a municipality; a local board, including a school board and conservation authority; The Crown in right of Ontario or Canada, and their agencies; and ii. Parcels of land being exchanged with a landowner as part of a procedure that requires the acquisition of that owner's lands for municipal purposes. 7. Methods of Sale a) The Township may utilize any of the following methods, as may be authorized by Council in its sole discretion, to effect the sale of land: i. Offering the land for sale by way of tender or proposal call; ii. Listing the land with a licensed real estate agent or brokerage firm; iii. Direct sale to an abutting landowner; iv. Direct sale to an individual or company; or v. Such other manner as Council deems appropriate. b) Where Council chooses to proceed with a direct sale, the purchaser shall supply the requisite deposit, as outlined in the Township's Fees & Charges, upon Council's decision to declare the lands to be surplus to the needs of the municipality. i. Such deposit shall be drawn on to cover the Township's costs with respect to a survey, appraisal, advertising and legal costs associated with the sale of the subject land. ii. In the event that the costs are less than the requisite deposit, the benefitting landowner will be refunded any excess monies at the time of the transfer. iii. In the event that the costs exceed the requisite deposit, the benefitting landowner shall be charged the additional costs, and such costs shall be payable at the time of the transfer. iv. Where Council has chosen to proceed with a direct sale to an abutting landowner, the purchaser shall be required to merge title to the transferred lands with the purchaser's property within the meaning of The Planning Act, R.S.O. 1990, as amended, and that as a condition of such sale, the purchaser is required, at his /her own expense to register an Application under The Land Titles Act, R.S.O. 1990, as amended, to consolidate title to the lands acquired with his /her parcel as one Property Identifier Number. c) Where Council chooses to proceed with listing the land with a licensed real estate agent or brokerage firm: i. All offers shall be submitted to the Clerk on the standard Ontario Real Estate Offer to Purchase forms and shall provide for an irrevocable period of at least fourteen (14) days; ii. The Clerk shall be authorized to negotiate all offers within the parameters identified by Council; and iii. All final offers shall be submitted to Council for approval of the sale price and terms. Page 4 of 6 Page 238 of 277 15a) - Being a By -law to Establish a Policy with respect to 8. General Provisions a) The Clerk shall be authorized to carry out any actions and /or execute any required documents to give force and effect to Council's decision to utilize the chosen method of sale. b) Council shall have the absolute discretion to accept any proposal to purchase the land, to judge the acceptability of any terms or conditions placed therein and to judge the sufficiency or acceptability of any consideration proposed by any purchaser. c) Upon acceptance of any proposal, Council shall take such action as is required to finalize the sale, and the Clerk shall provide a Certificate of Compliance, in the form set out in Schedule "A" attached hereto and forming part of this By -law, to be included in the Transfer /Deed of Land verifying compliance with this By -law and which Certificate shall be deemed to be sufficient proof of such compliance. 9. Repeal a) That By -law Nos. 2007 -083, 2007 -104 and 2009 -119 are hereby repealed in their entirety. 10. Enactment a) That this by -law shall come into force and take effect on the date of its final passing. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 6T" DAY OF JUNE, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 5 of 6 Page 239 of 277 15a) - Being a By -law to Establish a Policy with respect to Schedule "A" to By -law No. 2012 -112 for The Corporation of the Township of Oro - Medonte CERTIFICATE OF COMPLIANCE 19.I:901011a07:?- AIroP Kola 1.I* 01TJ1k' & IIa07:K01:Z•10�d4•Lrrr 4 BY -LAW NO. 2012 -112 Being a By -law to Establish a Policy with respect to the Sale and Other Disposition of Land I, J. DOUGLAS IRWIN, Clerk of the Corporation of the Township of Oro - Medonte, in the County of Simcoe, hereby certify that: 1. The requirements of Township of Oro - Medonte By -law No. 2012 -112 relating to the sale or other disposition of the following lands have been complied with: ( INSERT LEGAL DESCRIPTION HERE) J. Douglas Irwin, Clerk ( Date ) The Corporation of the Township of Oro - Medonte Page 6 of 6 Page 240 of 277 15b) - Being a By -Law to Authorize the Execution of an Agree... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE By -Law No. 2012 -114 Being a By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Stornburn Construction Ltd. for Township of Oro - Medonte Administration Building HVAC Replacement, (Tender RC- 2012 -02) WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 224, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; AND WHEREAS Council for The Corporation of the Township of Oro - Medonte declared by Motion No. C120523 -19, the successful bidder of Tender RC- 2012 -02 to be Stornburn Construction Ltd.; AND WHEREAS Council deems it expedient to enter into an agreement for Tender RC- 2012 -02, for the Township of Oro - Medonte Administration Building HVAC Replacement with Stornburn Construction Ltd.; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: THAT the Mayor and Clerk be authorized to execute the Agreement for Tender RC- 2012 -02 attached hereto as Schedule "A" and forming part of this By -Law. THAT this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 6T" DAY OF JUNE, 2012. I r 71 � � i • 7 :71 • 7 :7nr r [ • P H ] � r : I � C • P J 1 � 6y a 11 • 7 � • ] : Z • � i � d � •L l � r r � Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 241 of 277 15b) - Being a By -Law to Authorize the Execution of an Agree... Schedule "A " =to By -Law No. 2012 -114 Tmrmship of Proud Heritage, Exciting Future TENDER CONTRACT AGREEMENT This Agreement made, in duplicate, this 3\ _3 4iYJ 4 =[a Form #: OMHS -006 day of 1 2012. Storburn Construction Ltd. in the County of Simcoe and the Province of Ontario; Hereinafter called the "Contractor" THE PARTY OF THE FIRST PART - and - THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Hereinafter called the "Municipality" THE PARTY OF THE SECOND PART WITNESSETH that the Party of the First Part, for and in consideration of the payment or payments specified in the tender for this work, hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour and other means of construction, and to the satisfaction of the Director, Recreation and Community Services or his Representative, to do all the work as described hereafter, furnish all the materials, except as herein otherwise specified, and to complete such works in strict accordance with the plans, specifications and tender thereof, which are identified and acknowledged in the schedule of provisions, plans, specifications and conditions attached to the tender, and all of which are to be read herewith and form part of this present Agreement as fully and completely to all intents and purposes as though all the stipulations hereof have been embodied herein. The Contractor further agrees that he will deliver the whole of the works, completed in accordance with this Agreement on or before the November 29, 2012. The Contractor agrees that such monies may be deducted from any monies due the Contractor on any account whatsoever. Page 242 of 277 15b) - Being a By -Law to Authorize the Execution of an Agree... IN CONSIDERATION WHEREOF said Party of the Second Part agrees to pay to the Contractor for all work performed, the unit price on the tender. This Agreement shall ensure to the benefit of and be binding upon the heirs, executors, administrators and assigns of the parties hereto. IN WITNESSES WHEREOF the Contractor and the Township of Oro - Medonte have hereunto signed their names and set their seals on the day first above written. Signature of Contractor, or Signature of the Clerk J. Douglas Irwin Signature of the Mayor with Seal H.S. Hughes Signature of Corporation Seal of Corporation Page 243 of 277 15b) - Being a By -Law to Authorize the Execution of an Agree... Page 244 of 277 15b) - Being a By -Law to Authorize the Execution of an Agree... TABLE OF CONTENTS AGREEMENT BETWEEN OWNER AND CONTRACTOR AA The Work A -2 Agreements and Amendments A -3 Contract Documents A -4 Contract Price A -5 Payment A -6 Receipt of and Addresses for Notices in Writing A -7 Language of the Contract A -8 Succession DEFINITIONS 1. Change Directive 2. Change Order 3. Construction Equipment 4. Consultant 5. Contract 6. Contract Documents 7. Contract Price 8. Contract Time 9. Contractor 10. Drawings 11. Notice in Writing 12. Owner 13. Place of the Work 14. Product 15. Project 16. Provide 17. Shop Drawings 18, Specifications 19. Subcontractor 20. Substantial Performance of the Woric 21. Supplemental Instruction 22. Supplier 23. Temporary Work 24. Value Added Taxes 25. Work 26. Working Day GENERAL CONDITIONS OF THE STIPULATED PRICE CONTRACT PART 1 GENERAL PROVISIONS GC 11 Contract Documents GC 1.2 Law of the Contract GC 1.3 Rights and Remedies GC 1.4 Assignment PART 2 ADMINISTRATION OF THE CONTRACT GC 2.1 Authority of the Consultant GC 22 Role of the Consultant GC 23 Review and Inspection of the Work GC 2.4 Defective Work PART 3 EXECUTION OF THE WORK GC 3.1 Control of the Work GC 3.2 Construction by Owner or Other Contractors GC 3.3 Temporary Work GC 3.4 Document Review GC 3.5 Construction Schedule GC 3.6 Supervision GC 3.7 Subcontractors and Suppliers GC 3.8 Labour and Products GC 3.9 Documents at the Site GC 3.10 Shop Drawings GC 3.11 Use of the Work GC 3.12 Cutting and Remedial Work GC 3.13 Cleanup PART 4 ALLOWANCES GC 4.1 Cash Allowances GC 4.2 Contingency Allowance PART 5 PAYMENT GC 5.1 Financing Information Required of the Owner GC 5.2 Applications for Progress Payment GC 5.3 Progress Payment GC 5.4 Substantial Performance of the Work GC 5.5 Payment of Holdback upon Substantial Performance of the Work GC 5.6 Progressive Release of Holdback GC 5.7 Final Payment GC 5.8 Withholding of Payment GC 5.9 Non - conforming Work PART 6 CHANGES IN THE WORK GC 6.1 Owner's Right to Make Changes GC 6.2 Change Order GC 6.3 Change Directive GC 6.4 Concealed or Unknown Conditions GC 6.5 Delays GC 6.6 Claims for a Change in Contract Price PART 7 DEFAULT NOTICE GC 7.1 Owner's Right to Perform the Work, Terminate the Contractor's Right to Continue with the Work or Terminate the Contract GC 7.2 Contractor's Right to Suspend the Work or Terminate the Contract PARTS DISPUTE RESOLUTION GC 8.1 Authority ofthe Consultant GC 8.2 Negotiation, Mediation and Arbitration GC 8.3 Retention of Rights PART 9 PROTECTION OF PERSONS AND PROPERTY GC 9.1 Protection of Work and Property GC 9.2 Toxic and Hazardous Substances GC 9.3 Artifacts and Fossils GC 9.4 Construction Safety GC 9.5 Mould PART 10 GOVERNING REGULATIONS GC 10.1 Taxes and Duties GC 10.2 Laws, Notices, Permits, and Fees GC 10.3 Patent Fees GC 10.4 Workers' Compensation PART 11 INSURANCE AND CONTRACT SECURITY GC 11.1 Insurance GC 11.2 Contract Securi ty PART 12 INDEMNIFICATION, WAIVER OF CLAIMS AND WARRANTY GC 12.1 Indemnification GC 12.2 Waiver of Claims GC 12.3 Warranty The Canadian Construction Documents Committee (CCDC) is a national joint committee responsible for the development, production and review of standard Canadian construction contracts, forms and guides. Formed in 1974 the CCDC is made up of volunteer representatives from: Public Sector Owners Private Sector Owners Canadian Bar Association (Ex- Officio) * The Association of Canadian Engineering Companies * The Canadian Construction Association * Construction Specifications Canada * The Royal Architectural Institute of Canada *Committee policy and procedures are directed and approved by the four constituent national organizations. CCDC 2 is the product of a consensus - building process aimed at balancing the interests of all parties on the construction project. It reflects recommended industry practices. CCDC 2 can have important consequences. The CCDC and its constituent member organizations do not accept any responsibility or liability for loss or damage which may be suffered as a result of the use or interpretation of CCDC 2. CCDC Copyright 2008 Must not be copied in whole or in par without the written permission of the CCDC. Page 245 of 277 15b) - Being a By -Law to Authorize the Execution of an Agree... Standard Construction Document CCDC 2 — 2008 AGREEMENT BETWEEN OWNER AND CONTRACTOR For use when a stipulated price is the basis of payment. This Agreement made on the 31 day of May in the year 2012 by and between the parties Township of Oro - Medonte hereinafter called the "Owner" and Stornburn Construction Ltd. hereinafter called the "Contractor" The Owner and the Contractor agree as follows: ARTICLE A -1 THE WORK The Contractor shall: 1.1 perform the Work required by the Contract Documents for Township of Oro- Medonte Administration Building HVAC Replacement insert above the name of the Work located at 157 Forest Plain Road, Orillia, ON L3V 6H1 insert above the Place of the Work for which the Agreement has been signed by the parties, and for which AECOM Canada Ltd. insert above the name of the Consultant is acting as and is hereinafter called the "Consultant" and 1.2 do and fulfill everything indicated by the Contract Documents, and 1.3 commence the Work by the 1st day of August in the year 2012 and, subject to adjustment in Contract Time as provided for in the Contract Documents, attain Substantial Performance of the Work, by the 29th day of November in the year 2012 . ARTICLE A -2 AGREEMENTS AND AMENDMENTS 2.1 The Contract supersedes all prior negotiations, representations or agreements, either written or oral, relating in any manner to the Work, including the bidding documents that are not expressly listed in Article A -3 of the Agreement - CONTRACT DOCUMENTS. 2.2 The Contract may be amended only as provided in the Contract Documents. CCDC 2 -2008 File 005213 1 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementmy conditions. Page 246 of 277 15b) - Being a By -Law to Authorize the Execution of an Agree... ARTICLE A -3 CONTRACT DOCUMENTS 3.1 The following are the Contract Documents referred to in Article A -1 of the Agreement - THE WORK: Agreement between Owner and Contractor — Definitions — The General Conditions of the Stipulated Price Contract Drawings and Specifications prepared by AECOM Canada Ltd. for the Township of Oro - Medonte Administration Building HVC Replacement (Project No. RC2012 -02). (Insert here, attaching additional pages if required, a list identifying all other Contract Documents e.g. supplementary conditions; information documents; specifications, giving a list of contents with section numbers and titles, number of pages and date; material finishing schedules; drawings, giving drawing number, title, date, revision date or mark, addenda, giving title, number, date) CCDC 2 -2008 File 005213 Note: This contract is protected by copyright. Use ofa CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are setforth in supplementary conditions. Page 247 of 277 15b) - Being a By -Law to Authorize the Execution of an Agree... ARTICLE A -4 CONTRACT PRICE 4.1 The Contract Price, which excludes Value Added Taxes, is: Four Hundred and Fifty Thousand, Seven Hundred and Fourty One Dollars /100 dollars S 450,741.00 4.2 Value Added Taxes (of 13 %) payable by the Owner to the Contractor are: Fifty Eight Thousand, Five Hundred and Ninety Seven Dollars /100 dollars $ 58,597.00 4.3 Total amount payable by the Owner to the Contractor for the construction of the Work is: Five Hundred and Nine Thousand, Three Hundred and Thirty Eight Dollars /100 dollars $ 509,338.00 4.4 These amounts shall be subject to adjustments as provided in the Contract Documents. 4.5 All amounts are in Canadian funds. ARTICLE A -5 PAYMENT 5.1 Subject to the provisions of the Contract Documents, and in accordance with legislation and statutory regulations respecting holdback percentages and, where such legislation or regulations do not exist or apply, subject to a holdback of Ten percent( 10 %), the Owner shall: 1 make progress payments to the Contractor on account of the Contract Price when due in the amount certified by the Consultant together with such Value Added Taxes as may be applicable to such payments, and .2 upon Substantial Performance of the Work, pay to the Contractor the unpaid balance of the holdback amount when due together with such Value Added Taxes as may be applicable to such payment, and .3 upon the issuance of the final certificate for payment, pay to the Contractor the unpaid balance of the Contract Price when due together with such Value Added Taxes as may be applicable to such payment. 5.2 In the event of loss or damage occurring where payment becomes due under the property and boiler insurance policies, payments shall be made to the Contractor in accordance with the provisions of GC 11.1 — INSURANCE. 5.3 Interest 1 Should either party fail to make payments as they become due under the terms of the Contract or in an award by arbitration or court, interest at the following rates on such unpaid amounts shall also become due and payable until payment: (1) 2% per annum above the prime rate for the first 60 days. (2) 4% per annum above the prime rate after the first 60 days. Such interest shall be compormded on a monthly basis. The prime rate shall be the rate of interest quoted by Bank of Canada (Insert name of chartered lending institution whose prime rate is to be used) for prime business loans as it may change from time to time. .2 Interest shall apply at the rate and in the manner prescribed by paragraph 5.3.1 of this Article on the settlement amount of any claim in dispute that is resolved either pursuant to Part 8 of the General Conditions — DISPUTE RESOLUTION or otherwise, from the date the amount would have been due and payable under the Contract, had it not been in dispute, until the date it is paid. CCDC 2 -2008 File 005213 Note: This contract is protected by copyright. Use ofa CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to bean accurate and unamended version of CCDC 2— 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 248 of 277 15b) - Being a By -Law to Authorize the Execution of an Agree... ARTICLE A -6 RECEIPT OF AND ADDRESSES FOR NOTICES IN WRITING 6.1 Notices in Writing will be addressed to the recipient at the address set out below. The delivery of a Notice in Writing will be by hand, by courier, by prepaid first class mail, or by facsimile or other form of electronic communication during the transmission of which no indication of failure of receipt is communicated to the sender. A Notice in Writing delivered by one party in accordance with this Contract will be deemed to have been received by the other party on the date of delivery if delivered by hand or courier, or if sent by mail it shall be deemed to have been received five calendar days after the date on which it was mailed, provided that if either such day is not a Working Day, then the Notice in Writing shall be deemed to have been received on the Working Day next following such day. ANotice in Writing sent by facsimile or other form of electronic communication shall be deemed to have been received on the date of its transmission provided that if such day is not a Working Day or if it is received after the end of normal business hours on the date of its transmission at the place of receipt, then it shall be deemed to have been received at the opening of business at the place of receipt on the first Working Day next following the transmission thereof. An address for a party may be changed by Notice in Writing to the other party setting out the new address in accordance with this Article. Owner The Corporation of the Township of Oro - Medonte name of Owner* 148 Line 7S, Box 100, Oro Ontario LOL2X0 address 1- 705- 487 -0133 sbinns @oro- medonte.ca facsimile number email address Contractor Storburn Construction Ltd. name of Contractor* 157 Forest Plain Road, Orillia On L3V 6H1 address 1- 705- 326 -8636 alecia @storburn.com facsimile number email address Consultant AECOM Canada Ltd. name of Consultant 300 Water Street, Whitby, On L1N 9J2 1- 905 -668 -0221 john.mulholland @aecom.com facsimile number email address * If it is intended that the notice must be received by a specific individual, that individual's name shall be indicated. ARTICLE A -7 LANGUAGE OF THE CONTRACT 7.1 When the Contract Documents are prepared in both the English and French languages, it is agreed that in the event of any apparent discrepancy between the English and French versions, the English / FrXch # language shall prevail. # Complete this statement by striking out inapplicable term. 7.2 This Agreement is drawn in English at the request of the parties hereto. La pr6sente convention est r6dig6e en anglais a la demande des parties. CCDC 2 - 2008 File 005213 4 Note: This contract is protected by copyright. Use ofa CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 249 of 277 15b) - Being a By -Law to Authorize the Execution of an Agree... ARTICLE A -8 SUCCESSION 8.1 The Contract shall enure to the benefit of and be binding upon the parties hereto, their respective heirs, legal representatives, successors, and assigns. In witness whereof the parties hereto have executed this Agreement by the hands of their duly authorized representatives. SIGNED AND DELIVERED in the presence of WITNESS signature name ofperson signing signature name ofperson signing WITNESS OWNER Township of Oro- Medonte name of owner signature Doug Irwin - Director, Corporate Service /Clerk name and title of person signing signature H.S. Hughes — Mayor Shawn $inns - -Director, Reereatien and eommunity-Semices naive and title ojperson signing CONTRACTOR Storburn Construction Ltd. name Contractor signature sig {nata e name ofperson signing name and title of person signing signature signature name ofperson signing name and title ofperson signing N.B. "ere legal jurisdiction, local practice or Owner or Contractor requirement calls for: (a) proof of authority to execute this document, attach such proof of authority in the form of a certified copy of a resolution naming the representative(s) authorized to sign the Agreement for and on behalf of'the corporation or partnership; or (b) the affixing of a corporate seal, this Agreement should be properly sealed. CCDC 2 — 2008 File 005213 Note: This contract is protected by copyright. Use ofa CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement ofcopyright Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to bean accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 250 of 277 15b) - Being a By -Law to Authorize the Execution of an Agree... Standard Construction Document CCDC 2 - 2008 DEFINITIONS The following Definitions shall apply to all Contract Documents. 1. Change Directive A Change Directive is a written instruction prepared by the Consultant and signed by the Owner- directing the Contractor to proceed with a change in the Work within the general scope of the Contract Documents prior to the Owner and the Contractor agreeing upon adjustments in the Contract Price and the Contract Time. 2. Change Order A Change Order is a written amendment to the Contract prepared by the Consultant and signed by the Owner and the Contractor stating their agreement upon: a change in the Work; the method of adjustment or the amount of the adjustment in the Contract Price, if any; and the extent of the adjustment in the Contract Time, if any. 3. Construction Equipment Construction Equipment means all machinery and equipment, either operated or not operated, that is required for preparing, fabricating, conveying, erecting, or otherwise performing the Work but is not incorporated into the Work. 4. Consultant The Consultant is the person or entity engaged by the Owner and identified as such in the Agreement. The Consultant is the Architect, the Engineer or entity licensed to practise in the province or territory of the Place of the Work. The tern Consultant means the Consultant or the Consultant's authorized representative. 5. Contract The Contract is the undertaking by the parties to perform their respective duties, responsibilities and obligations as prescribed in the Contract Documents and represents the entire agreement between the parties. 6. Contract Documents The Contract Documents consist of those documents listed in Article A -3 of the Agreement - CONTRACT DOCUMENTS and amendments agreed upon between the parties. 7. Contract Price The Contract Price is the amount stipulated in Article A -4 of the Agreement - CONTRACT PRICE. S. Contract Time The Contract Time is the time stipulated in paragraph 13 of Article A -1 of the Agreement - THE WORK from commencement of the Work to Substantial Performance of the Work. 9. Contractor The Contractor is the person or entity identified as such in the Agreement. The term Contractor means the Contractor or the Contractor's authorized representative as designated to the Owner in writing. 10. Drawings The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, and diagrams. 11. Notice in Writing A Notice in Writing, where identified in the Contract Documents, is a written communication between the parties or between them and the Consultant that is transmitted in accordance with the provisions of Article A -6 of the Agreement - RECEIPT OF AND ADDRESSES FOR NOTICES IN WRITING. 12. Owner The Owner is the person or entity identified as such in the Agreement. The term Owner means the Owner or the Owner's authorized agent or representative as designated to the Contractor in writing, but does not include the Consultant. 13. Place of the Work The Place of the Work is the designated site or location of the Work identified in the Contract Documents. 14. Product Product or Products means material, machinery, equipment, and fixtures forming the Work, but does not include Construction Equipment. CCDC 2 - 2008 File 007100 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are setforth in supplementary conditions. Page 251 of 277 15b) - Being a By -Law to Authorize the Execution of an Agree... 15. Project The Project means the total construction contemplated of which the Work may be the whole or a part. 16. Provide Provide means to supply and install. 17. Shop Drawings Shop Drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures, Product data, and other data which the Contractor provides to illustrate details of portions of the Work. 18. Specifications The Specifications are that portion of the Contract Documents, wherever located and whenever issued, consisting of the written requirements and standards for Products, systems, worlmanship, quality, and the services necessary for the performance of the Work. 19. Subcontractor A Subcontractor is a person or entity having a direct contract with the Contractor to perform a part or parts of the Work at the Place of the Work. 20. Substantial Performance of the Work Substantial Performance of the Work is as defined in the lien legislation applicable to the Place of the Work If such legislation is not in force or does not contain such definition, or if the Work is governed by the Civil Code of Quebec, Substantial Performance of the Work shall have been reached when the Work is ready for use or is being used for the purpose intended and is so certified by the Consultant. 21. Supplemental Instruction A Supplemental Instruction is an instruction, not involving adjustment in the Contract Price or Contract Time, in the form of Specifications, Drawings, schedules, samples, models or written instructions, consistent with the intent of the Contract Documents. It is to be issued by the Consultant to supplement the Contract Documents as required for the performance of the Work. 22. Supplier A Supplier is a person or entity having a direct contract with the Contractor to supply Products. 23. Temporary Work Temporary Work means temporary supports, structures, facilities, services, and other temporary items, excluding Construction Equipment, required for the execution of the Work but not incorporated into the Work. 24. Value Added Taxes Value Added Taxes means such sum as shall be levied upon the Contract Price by the Federal or any Provincial or Territorial Government and is computed as a percentage of the Contract Price and includes the Goods and Services Tax, the Quebec Sales Tax, the Harmonized Sales Tax, and any similar tax, the collection and payment of which have been imposed on the Contractor by the tax legislation. 25. Work The Work means the total construction and related services required by the Contract Documents. 26. Working Day Working Day means a day other than a Saturday, Sunday, statutory holiday, or statutory vacation day that is observed by the construction industry in the area of the Place of the Work. CCDC 2 - 2008 File 007100 Note: This contract is protected by copyright. Use ofa CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be arz . accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 252 of 277 15b) - Being a By -Law to Authorize the Execution of an Agree... Standard ConstmclionDocument CCDC2 -2008 GENERAL CONDITIONS OF THE STIPULATED PRICE CONTRACT PART 1 GENERAL PROVISIONS GC 1.1 CONTRACT DOCUMENTS 1.1.1 The intent of the Contract Documents is to include the labour, Products and services necessary for the performance of the Work by the Contractor in accordance with these documents. It is not intended, however, that the Contractor shall supply products or perform work not consistent with, not covered by, or not properly inferable from the Contract Documents. 1.1.2 Nothing contained in the Contract Documents shall create any contractual relationship between: I the Owner and a Subcontractor, a Supplier, or their agent, employee, or other person performing any portion of the Work. .2 the Consultant and the Contractor, a Subcontractor, a Supplier, or their agent, employee, or other person performing any portion of the Work. 1.1.3 The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. 1.1.4 Words and abbreviations which have well known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings. 1.1.5 References in the Contract Documents to the singular shall be considered to include the plural as the context requires. 1.1.6 Neither the organization of the Specifications nor the arrangement of Drawings shall control the Contractor in dividing the work among Subcontractors and Suppliers. 1.1.7 If there is a conflict within the Contract Documents: 1 the order of priority of documents, from highest to lowest, shall be — the Agreement between the Owner and the Contractor, — the Definitions, — Supplementary Conditions, — the General Conditions, — Division I of the Specifications, — technical Specifications, — material and finishing schedules, — the Drawings. .2 Drawings of larger scale shall govern over those of smaller scale of the same date. .3 dimensions shown on Drawings shall govern over dimensions scaled from Drawings. .4 later dated documents shall govern over earlier documents of the same type. 1.1.8 The Owner shall provide the Contractor, without charge, sufficient copies of the Contract Documents to perform the Work 1.1.9 Specifications, Drawings, models, and copies thereof furnished by the Consultant are and shall remain the Consultant's property, with the exception of the signed Contract sets, which shall belong to each party to the Contract. All Specifications, Drawings and models furnished by the Consultant are to be used only with respect to the Work and are not to be used on other work. These Specifications, Drawings and models are not to be copied or altered in any manner without the written authorization of the Consultant. 1.1.10 Models furnished by the Contractor at the Owner's expense are the property of the Owner GC 1.2 LAW OF THE CONTRACT 12.1 The law of the Place of the Work shall govern the interpretation of the Contract. GC 1.3 RIGHTS AND REMEDIES 1.3.1 Except as expressly provided in the Contract Documents, the duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. 1.3.2 No action or failure to act by the Owner, Consultant or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. CCDC 2 — 2008 File 007213 Note: This contract is protected by copyright. Use ofa CCDC 2 document not containing a CCDC 2 copyright seat constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to bean accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 253 of 277 15b) - Being a By -Law to Authorize the Execution of an Agree... GC 1.4 ASSIGNMENT 1.4.1 Neither party to the Contract shall assign the Contract or a portion thereof without the written consent of the other, which consent shall not be unreasonably withheld. PART 2 ADMINISTRATION OF THE CONTRACT GC 2.1 AUTHORITY OF THE CONSULTANT 2.1.1 The Consultant will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written agreement as provided in paragraph 2.1.2. 2.1.2 The duties, responsibilities and limitations of authority of the Consultant as set forth in the Contract Documents shall be modified or extended only with the written consent of the Owner, the Contractor and the Consultant. 2.1.3 If the Consultant's employment is terminated, the Owner shall immediately appoint or reappoint a Consultant against whom the Contractor makes no reasonable objection and whose status under the Contract Documents shall be that of the former Consultant. GC 2.2 ROLE OF THE CONSULTANT 2.2.1 The Consultant will provide administration of the Contract as described in the Contract Documents. 2.2.2 The Consultant will visit the Place of the Work at intervals appropriate to the progress of construction to become familiar with the progress and quality of the work and to determine if the Work is proceeding in general conformity with the Contract Documents. 2.2.3 If the Owner and the Consultant agree, the Consultant will provide at the Place of the Work, one or more project representatives to assist in carrying out the Consultant's responsibilities. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in writing to the Contractor. 2.2.4 The Consultant will promptly inform the Owner of the date of receipt of the Contractor's applications for payment as provided in paragraph 5.3.1.1 of GC 5.3 — PROGRESS PAYMENT. 2.2.5 Based on the Consultant's observations and evaluation of the Contractor's applications for payment, the Consultant will determine the amounts owing to the Contractor under the Contract and will issue certificates for payment as provided in Article A -5 of the Agreement - PAYMENT, GC 5.3 - PROGRESS PAYMENT and GC 5.7 - FINAL PAYMENT. 2.2.6 The Consultant will not be responsible for and will not have control, charge or supervision of construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs required in connection with the Work in accordance with the applicable construction safety legislation, other regulations or general construction practice. The Consultant will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Consultant will not have control over, charge of or be responsible for the acts or omissions of the Contractor, Subcontractors, Suppliers, or their agents, employees, or any other persons performing portions of the Work. 2.2.7 Except with respect to GC 5.1 - FINANCING INFORMATION REQUIRED OF THE OWNER, the Consultant will be, in the first instance, the interpreter of the requirements of the Contract Documents. 2.2.8 Matters in question relating to the performance of the Work or the interpretation of the Contract Documents shall be initially referred in writing to the Consultant by the party raising the question for interpretations and findings and copied to the other party. 2.2.9 Interpretations and findings of the Consultant shall be consistent with the intent of the Contract Documents. In making such interpretations and findings the Consultant will not show partiality to either the Owner or the Contractor. 2.2.10 The Consultant's interpretations and findings will be given in writing to the parties within a reasonable time. 2.2.11 With respect to claims for a change in Contract Price, the Consultant will make findings as set out in GC 6.6 — CLAIMS FOR A CHANGE IN CONTRACT PRICE. 2.2.12 The Consultant will have authority to reject work which in the Consultant's opinion does not conform to the requirements of the Contract Documents. Whenever the Consultant considers it necessary or advisable, the Consultant will have authority to require inspection or testing of work, whether or not such work is fabricated, installed or completed. However, neither the authority of the Consultant to act nor any decision either to exercise or not to exercise such authority shall give rise to any duty or responsibility of the Consultant to the Contractor, Subcontractors, Suppliers, or their agents, employees, or other persons performing any of the Work. CCDC 2 — 2008 File 007213 9 Nate: This contract is protected by copyright. Use ofa CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or mod cations are setforth in supplementary conditions. Page 254 of 277 15b) - Being a By -Law to Authorize the Execution of an Agree... 2.2.13 During the progress of the Work the Consultant will furnish Supplemental Instructions to the Contractor with reasonable promptness or in accordance with a schedule for such instructions agreed to by the Consultant and the Contractor. 2.2.14 The Consultant will review and take appropriate action upon Shop Drawings, samples and other Contractor's submittals, in accordance with the Contract Documents. 2.2.15 The Consultant will prepare Change Orders and Change Directives as provided in GC 6.2 - CHANGE ORDER and GC 6.3 - CHANGE DIRECTIVE. 2.2.16 The Consultant will conduct reviews of the Work to determine the date of Substantial Performance of the Work as provided in GC 5.4 - SUBSTANTIAL PERFORMANCE OF THE WORK. 2.2.17 All certificates issued by the Consultant will be to the best of the Consultant's knowledge, information and belief. By issuing any certificate, the Consultant does not guarantee the Work is correct or complete. 2.2.18 The Consultant will receive and review written warranties and related documents required by the Contract and provided by the Contractor and will forward such warranties and documents to the Owner for the Owner's acceptance. GC 2.3 REVIEW AND INSPECTION OF THE WORK 23.1 The Owner and the Consultant shall have access to the Work at all times. The Contractor shall provide sufficient, safe and proper facilities at all times for the review of the Work by the Consultant and the inspection of the Work by authorized agencies. If parts of the Work are in preparation at locations other than the Place of the Work, the Owner and the Consultant shall be given access to such work whenever it is in progress. 2.3.2 If work is designated for tests, inspections or approvals in the Contract Documents, or by the Consultant's instructions, or by the laws or ordinances of the Place of the Work, the Contractor shall give the Consultant reasonable notification of when the work will be ready for review and inspection. The Contractor shall arrange for and shall give the Consultant reasonable notification of the date and time of inspections by other authorities. 2.3.3 The Contractor shall furnish promptly to the Consultant two copies of certificates and inspection reports relating to the Work. 2.3.4 If the Contractor covers, or permits to be covered, work that has been designated for special tests, inspections or approvals before such special tests, inspections or approvals are made, given or completed, the Contractor shall, if so directed, uncover such work, have the inspections or tests satisfactorily completed, and make good covering work at the Contractor's expense. 23.5 The Consultant may order any portion or portions of the Work to be examined to confirm that such work is in accordance with the requirements of the Contract Documents. If the work is not in accordance with the requirements of the Contract Documents, the Contractor shall correct the work and pay the cost of examination and correction. If the work is in accordance with the requirements of the Contract Documents, the Owner shall pay the cost of examination and restoration. 2.3.6 The Contractor shall pay the cost of making any test or inspection, including the cost of samples required for such test or inspection, if such test or inspection is designated in the Contract Documents to be performed by the Contractor or is designated by the laws or ordinances applicable to the Place of the Work. 2.3.7 The Contractor shall pay the cost of samples required for any test or inspection to be performed by the Consultant or the Owner if such test or inspection is designated in the Contract Documents. GC 2.4 DEFECTIVE WORK 2.4.1 The Contractor shall promptly correct defective work that has been rejected by the Consultant as failing to conform to the Contract Documents whether or not the defective work has been incorporated in the Work and whether or not the defect is the result of poor workmanship, use of defective products or damage through carelessness or other act or omission of the Contractor. 2.4.2 The Contractor shall make good promptly other contractors' work destroyed or damaged by such corrections at the Contractor's expense. 2.4.3 If in the opinion of the Consultant it is not expedient to correct defective work or work not performed as provided in the Contract Documents, the Owner may deduct from the amount otherwise due to the Contractor the difference in value between the work as performed and that called for by the Contract Documents. If the Owner and the Contractor do not agree on the difference in value, they shall refer the matter to the Consultant for a determination. CCDC 2 -2008 File 007213 10 Note- This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seat constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are setforth in supplementary conditions. Page 255 of 277 15b) - Being a By -Law to Authorize the Execution of an Agree... PART 3 EXECUTION OF THE WORK GC 3.1 CONTROL OF THE WORK 3.1.1 The Contractor shall have total control of the Work and shall effectively direct and supervise the Work so as to ensure conformity with the Contract Documents. 3.1.2 The Contractor shall be solely responsible for construction means, methods, techniques, sequences, and procedures and for co- ordinating the various parts of the Work under the Contract. GC 3.2 CONSTRUCTION BY OWNER OR OTHER CONTRACTORS 3.2.1 The Owner reserves the right to award separate contracts in connection with other parts of the Project to other contractors and to perform work with own forces. 3.2.2 When separate contracts are awarded for other parts of the Project, or when work is performed by the Owner's own forces, the Owner shall: 1 provide for the co- ordination of the activities and work of other contractors and Owner's own forces with the Work of the Contract; .2 assume overall responsibility for compliance with the applicable health and construction safety legislation at the Place of the Work; .3 enter into separate contracts with other contractors under conditions of contract which are compatible with the conditions of the Contract; .4 ensure that insurance coverage is provided to the same requirements as are called for in GC I L I - INSURANCE and co- ordinate such insurance with the insurance coverage of the Contractor as it affects the Work; and .5 take all reasonable precautions to avoid labour disputes or other disputes on the Project arising from the work of other contractors or the Owner's own forces. 3.2.3 When separate contracts are awarded for other parts of the Project, or when work is performed by the Owner's own forces, the Contractor shall: .1 afford the Owner and other contractors reasonable opportunity to store their products and execute their work; .2 cooperate with other contractors and the Owner in reviewing their construction schedules; and .3 promptly report to the Consultant in writing any apparent deficiencies in the work of other contractors or of the Owner's own forces, where such work affects the proper execution of any portion of the Work, prior to proceeding with that portion of the Work. 3.2.4 Where the Contract Documents identify work to be performed by other contractors or the Owner's own forces, the Contractor shall co- ordinate and schedule the Work with the work of other contractors and the Owner's own forces as specified in the Contract Documents. 3.2.5 Where a change in the Work is required as a result of the co- ordination and integration of the work of other contractors or Owner's own forces with the Work, the changes shall be authorized and valued as provided in GC 6.1 — OWNER'S RIGHT TO MAKE CHANGES, GC 6.2 - CHANGE ORDER and GC 6.3 - CHANGE DIRECTIVE. 3.2.6 Disputes and other matters in question between the Contractor and other contractors shall be dealt with as provided in Part 8 of the General Conditions - DISPUTE RESOLUTION provided the other contractors have reciprocal obligations. The Contractor shall be deemed to have consented to arbitration of any dispute with any other contractor whose contract with the Owner contains a similar agreement to arbitrate. GC 3.3 TEMPORARY WORK 3.3.1 The Contractor shall have the sole responsibility for the design, erection, operation, maintenance, and removal of Temporary Work. 3.3.2 The Contractor shall engage and pay for registered professional engineering personnel skilled in the appropriate disciplines to perform those functions referred to in paragraph 3.3.1 where required by law or by the Contract Documents and in all cases where such Temporary Work is of such a nature that professional engineering skill is required to produce safe and satisfactory results. CCDC 2 -2008 File 007213 1E Note, This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 256 of 277 15b) - Being a By -Law to Authorize the Execution of an Agree... 3.3.3 Notwithstanding the provisions of GC 3.1 - CONTROL OF THE WORK, paragraphs 3.3.1 and 3.3.2 or provisions to the contrary elsewhere in the Contract Documents where such Contract Documents include designs for Temporary Work or specify a method of construction in whole or in part, such designs or methods of construction shall be considered to be part of the design of the Work and the Contractor shall not be held responsible for that part of the design or the specified method of construction. The Contractor shall, however, be responsible for the execution of such design or specified method of construction in the same manner as for the execution of the Work. GC 3.4 DOCUMENT REVIEW 3.4.1 The Contractor shall review the Contract Documents and shall report promptly to the Consultant any error, inconsistency or omission the Contractor may discover. Such review by the Contractor shall be to the best of the Contractor's knowledge, information and belief and in making such review the Contractor does not assume any responsibility to the Owner or the Consultant for the accuracy of the review. The Contractor shall not be liable for damage or costs resulting from such errors, inconsistencies or omissions in the Contract Documents, which the Contractor did not discover. If the Contractor does discover any error, inconsistency or omission in the Contract Documents, the Contractor shall not proceed with the work affected until the Contractor has received corrected or missing information from the Consultant. GC 3.5 CONSTRUCTION SCHEDULE 3.5.1 The Contractor shall: 1 prepare and submit to the Owner and the Consultant prior to the first application for payment, a construction schedule that indicates the timing of the major activities of the Work and provides sufficient detail of the critical events and their inter - relationship to demonstrate the Work will be performed in conformity with the Contract Tame; .2 monitor the progress of the Work relative to the construction schedule and update the schedule on a monthly basis or as stipulated by the Contract Documents; and .3 advise the Consultant of any revisions required to the schedule as the result of extensions of the Contract Time as provided in Part 6 of the General Conditions - CHANGES IN THE WORK. GC 3.6 SUPERVISION 3.6.1 The Contractor shall provide all necessary supervision and appoint a competent representative who shall be in attendance at the Place of the Work while work is being performed. The appointed representative shall not be changed except for valid reason. 3.6.2 The appointed representative shall represent the Contractor at the Place of the Work. Information and instructions provided by the Consultant to the Contractor's appointed representative shall be deemed to have been received by the Contractor, except with respect to Article A -6 of the Agreement — RECEIPT OF AND ADDRESSES FOR NOTICES IN WRITING. GC 3.7 SUBCONTRACTORS AND SUPPLIERS 3.7.1 The Contractor shall preserve and protect the rights of the parties under the Contract with respect to work to be perfonmed under subcontract, and shall: I enter into contracts or written agreements with Subcontractors and Suppliers to require them to perform their work as provided in the Contract Documents; .2 incorporate the terms and conditions of the Contract Documents into all contracts or written agreements with Subcontractors and Suppliers; and .3 be as fully responsible to the Owner for acts and omissions of Subcontractors, Suppliers and of persons directly or indirectly employed by them as for acts and omissions of persons directly employed by the Contractor. 3.7.2 The Contractor shall indicate in writing, if requested by the Owner, those Subcontractors or Suppliers whose bids have been received by the Contractor which the Contractor would be prepared to accept for the performance of a portion of the Work. Should the Owner not object before signing the Contract, the Contractor shall employ those Subcontractors or Suppliers so identified by the Contractor in writing for the performance of that portion of the Work to which their bid applies. 3.7.3 The Owner may, for reasonable cause, at any time before the Owner has signed the Contract, object to the use of a proposed Subcontractor or Supplier and require the Contractor to employ one of the other subcontract bidders. 3.7.4 If the Owner requires the Contractor to change a proposed Subcontractor or Supplier, the Contract Price and Contract Time shall be adjusted by the differences occasioned by such required change. CCDC 2 — 2008 File 007213 12 Note: This contract is protected by copyright. Use ofa CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement ofcopyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to bean accurate and unamended version of CCDC 2— 2008 except to the extent that any alterations, additions or modifications are setforth in supplementary conditions Page 257 of 277 15b) - Being a By -Law to Authorize the Execution of an Agree... 3.7.5 The Contractor shall not be required to employ as a Subcontractor or Supplier, a person or firm to which the Contractor may reasonably object. 3.7.6 The Owner, through the Consultant, may provide to a Subcontractor or Supplier information as to the percentage of the Subcontractor's or Supplier's work which has been certified for payment. GC 3.8 LABOUR AND PRODUCTS 3.8.1 The Contractor shall provide and pay for labour, Products, tools, Construction Equipment, water, heat, light, power, transportation, and other facilities and services necessary for the performance of the Work in accordance with the Contract. 3.8.2 Unless otherwise specified in the Contract Documents, Products provided shall be new. Products which are not specified shall be of a quality consistent with those specified and their use acceptable to the Consultant. 3.8.3 The Contractor shall maintain good order and discipline among the Contractor's employees engaged on the Work and shall not employ on the Work anyone not skilled in the tasks assigned. GC 3.9 DOCUMENTS AT THE SITE 3.9.1 The Contractor shall keep one copy of current Contract Documents, submittals, reports, and records of meetings at the Place of the Work, in good order and available to the Owner and the Consultant. GC 3.10 SHOP DRAWINGS 3.10.1 The Contractor shall provide Shop Drawings as required in the Contract Documents. 3.10.2 The Contractor shall provide Shop Drawings to the Consultant to review in orderly sequence and sufficiently in advance so as to cause no delay in the Work or in the work of other contractors. 3.103 Upon request of the Contractor or the Consultant, they shall jointly prepare a schedule of the dates for provision, review and return of Shop Drawings. 3.10.4 The Contractor shall provide Shop Drawings in the form specified, or if not specified, as directed by the Consultant. 3.10.5 Shop Drawings provided by the Contractor to the Consultant shall indicate by stamp, date and signature of the person responsible for the review that the Contractor has reviewed each one of them. 3.10.6 The Consultant's review is for conformity to the design concept and for general arrangement only. 3.10.7 Shop Drawings which require approval of any legally constituted authority having jurisdiction shall be provided to such authority by the Contractor for approval. 3.10.8 The Contractor shall review all Shop Drawings before providing them to the Consultant. The Contractor represents by this review that: 1 the Contractor has determined and verified all applicable field measurements, field construction conditions, Product requirements, catalogue numbers and similar data, or will do so, and .2 the Contractor has checked and co- ordinated each Shop Drawing with the requirements of the Work and of the Contract Documents. 3.10.9 At the time of providing Shop Drawings, the Contractor shall expressly advise the Consultant in writing of any deviations in a Shop Drawing from the requirements of the Contract Documents. The Consultant shall indicate the acceptance or rejection of such deviation expressly in writing. 3.10.10 The Consultant's review shall not relieve the Contractor of responsibility for errors or omissions in the Shop Drawings or for meeting all requirements of the Contract Documents. 3.10.11 The Contractor shall provide revised Shop Drawings to correct those which the Consultant rejects as inconsistent with the Contract Documents, unless otherwise directed by the Consultant. The Contractor shall notify the Consultant in writing of any revisions to the Shop Drawings other than those requested by the Consultant. 3.10.12 The Consultant will review and return Shop Drawings in accordance with the schedule agreed upon, or, in the absence of such schedule, with reasonable promptness so as to cause no delay in the performance of the Work. CCDC 2 -2008 File 007213 13 Note- This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seat constitutes an infringement o f copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are setforth in supplementary conditions. Page 258 of 277 15b) - Being a By -Law to Authorize the Execution of an Agree... GC 3.11 USE OF THE WORK 3.11.1 The Contractor shall confine Construction Equipment, Temporary Work, storage of Products, waste products and debris, and operations of employees and Subcontractors to limits indicated by laws, ordinances, permits, or the Contract Documents and shall not unreasonably encumber the Place of the Work. 3.11.2 The Contractor shall not load or permit to be loaded any part of the Work with a weight or force that will endanger the safety of the Work. GC 3.12 CUTTING AND REMEDIAL WORK 3.12.1 The Contractor shall perform the cutting and remedial work required to make the affected parts of the Work come together properly. 3.12.2 The Contractor shall co- ordinate the Work to ensure that the cutting and remedial work is kept to a minimum. 3.12.3 Should the Owner, the Consultant, other contractors or anyone employed by them be responsible for ill -timed work necessitating cutting or remedial work to be performed, the cost of such cutting or remedial work shall be valued as provided in GC 63 — OWNER'S RIGHT TO MAKE CHANGES, GC 6.2 - CHANGE ORDER and GC 6.3 - CHANGE DIRECTIVE. 3.12.4 Cutting and remedial work shall be performed by specialists familiar with the Products affected and shall be performed in a manner to neither damage nor endanger the Work. GC 3.13 CLEANUP 3.13.1 The Contractor shall maintain the Work in a safe and tidy condition and free from the accumulation of waste products and debris, other than that caused by the Owner, other contractors or their employees. 3.13.2 Before applying for Substantial Performance of the Work as provided in GC 5.4 — SUBSTANTIAL PERFORMANCE OF THE WORK, the Contractor shall remove waste products and debris, other than that resulting from the work of the Owner, other contractors or their employees, and shall leave the Place of the Work clean and suitable for use or occupancy by the Owner. The Contractor shall remove products, tools, Construction Equipment, and Temporary Work not required for the performance of the remaining work. 3.13.3 Prior to application for the final payment, the Contractor shall remove any remaining products, tools, Construction Equipment, Temporary Work, and waste products and debris, other than those resulting from the work of the Owner, other contractors or their employees. PART 4 ALLOWANCES GC 4.1 CASH ALLOWANCES 4.1.1 The Contract Price includes the cash allowances, if any, stated in the Contract Documents. The scope of work or costs included in such cash allowances shall be as described in the Contract Documents. 4.1.2 The Contract Price, and not the cash allowances, includes the Contractor's overhead and profit in connection with such cash allowances. 4.1.3 Expenditures under cash allowances shall be authorized by the Owner through the Consultant. 4.1.4 Where the actual cost of the Work under any cash allowance exceeds the amount of the allowance, the Contractor shall be compensated for the excess incurred and substantiated plus an amount for overhead and profit on the excess as set out in the Contract Documents. Where the actual cost of the Work under any cash allowance is less than the amount of the allowance, the Owner shall be credited for the unexpended portion of the cash allowance, but not for the Contractor's overhead and profit on such amount. Multiple cash allowances shall not be combined for the purpose of calculating the foregoing. 4.1.5 The Contract Price shall be adjusted by Change Order to provide for any difference between the amount of each cash allowance and the actual cost of the work under that cash allowance. 4.1.6 The value of the work performed under a cash allowance is eligible to be included in progress payments. 4.1.7 The Contractor and the Consultant shall jointly prepare a schedule that shows when the Consultant and Owner must authorize ordering of items called for under cash allowances to avoid delaying the progress of the Work. CCDC 2 -2008 File 007213 14 Note: This contract is protected by copyright. Use ofa CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 -2008 except to the extent that any alterations, additions or modifications are setjorth in supplementary conditions. Page 259 of 277 15b) - Being a By -Law to Authorize the Execution of an Agree... GC 4.2 CONTINGENCY ALLOWANCE 4.2.1 The Contract Price includes the contingency allowance, if any, stated in the Contract Documents. 4.2.2 The contingency allowance includes the Contractor's overhead and profit in connection with such contingency allowance. 4.2.3 Expenditures under the contingency allowance shall be authorized and valued as provided in GC 6.1 — OWNER'S RIGHT TO MAKE CHANGES, GC 6.2 - CHANGE ORDER and GC 6.3 - CHANGE DIRECTIVE. 4.2.4 The Contract Price shall be adjusted by Change Order to provide for any difference between the expenditures authorized under paragraph 4.2.3 and the contingency allowance. PART PAYMENT GC 5.1 FINANCING INFORMATION REQUIRED OF THE OWNER 5.1.1 The Owner shall, at the request of the Contractor, before signing the Contract, and promptly from time to time thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. 5.1.2 The Owner shall give the Contractor Notice in Writing of any material change in the Owner's financial arrangements to fulfill the Owner's obligations under the Contract during the performance of the Contract. GC 5.2 APPLICATIONS FOR PROGRESS PAYMENT 5.2.1 Applications for payment on account as provided in Article A -5 of the Agreement - PAYMENT may be made monthly as the Work progresses. 5.2.2 Applications for payment shall be dated the last day of each payment period, which is the last day of the month or an alternative day of the month agreed in writing by the parties. 5.23 The amount claimed shall be for the value, proportionate to the amount of the Contract, of Work performed and Products delivered to the Place of the Work as of the last day of the payment period. 5.2.4 The Contractor shall submit to the Consultant, at least 15 calendar days before the first application for payment, a schedule of values for the parts of the Work, aggregating the total amount of the Contract Price, so as to facilitate evaluation of applications for payment. 5.2.5 The schedule of values shall be made out in such form and supported by such evidence as the Consultant may reasonably direct and when accepted by the Consultant, shall be used as the basis for applications for payment, unless it is found to be in error. 5.2.6 The Contractor shall include a statement based on the schedule of values with each application for payment. 5.2.7 Applications for payment for Products delivered to the Place of the Work but not yet incorporated into the Work shall be supported by such evidence as the Consultant may reasonably require to establish the value and delivery of the Products. GC 5.3 PROGRESS PAYMENT 5.3.1 After receipt by the Consultant of an application for payment submitted by the Contractor in accordance with GC 5.2 - APPLICATIONS FOR PROGRESS PAYMENT: .1 the Consultant will promptly inform the Owner of the date of receipt of the Contractor's application for payment, .2 the Consultant will issue to the Owner and copy to the Contractor, no later than 10 calendar days after the receipt of the application for payment, a certificate for payment in the amount applied for, or in such other amount as the Consultant determines to be properly due. if the Consultant amends the application, the Consultant will promptly advise the Contractor in writing giving reasons for the amendment, .3 the Owner shall make payment to the Contractor on account as provided in Article A -5 of the Agreement - PAYMENT on or before 20 calendar days after the later of: - receipt by the Consultant of the application for payment, or the last day of the monthly payment period for which the application for payment is made. CCDC 2 -2008 File 007213 15 Nate: This contract is protected by copyright. Use ofa CCDC2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page hears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to bean accurate and unamended version of CCDC2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 260 of 277 15b) - Being a By -Law to Authorize the Execution of an Agree... GC 5.4 SUBSTANTIAL PERFORMANCE OF THE WORK 5.4.1 When the Contractor considers that the Work is substantially performed, or if permitted by the lien legislation applicable to the Place of the Work a designated portion thereof which the Owner agrees to accept separately is substantially performed, the Contractor shall, within one Working Day, deliver to the Consultant and to the Owner a comprehensive list of items to be completed or corrected, together with a written application for a review by the Consultant to establish Substantial Performance of the Work or substantial performance of the designated portion of the Work. Failure to include an item on the list does not alter the responsibility of the Contractor to complete the Contract. 5.4.2 The Consultant will review the Work to verify the validity of the application and shall promptly, and in any event, no later than 20 calendar days after receipt of the Contractor's list and application: 1 advise the Contractor in writing that the Work or the designated portion of the Work is not substantially performed and give reasons why, or .2 state the date of Substantial Performance of the Work or a designated portion of the Work in a certificate and issue a copy of that certificate to each of the Owner and the Contractor. 5.4.3 Immediately following the issuance of the certificate of Substantial Performance of the Work, the Contractor, in consultation with the Consultant, shall establish a reasonable date for finishing the Work. GC 5.5 PAYMENT OF HOLDBACK UPON SUBSTANTIAL PERFORMANCE OF THE WORK 5.5.1 After the issuance of the certificate of Substantial Performance of the Work, the Contractor shall: .1 submit an application for payment of the holdback amount, .2 submit CCDC 9A `Statutory Declaration' to state that all accounts for labour, subcontracts, Products, Construction Equipment, and other indebtedness which may have been incurred by the Contractor in the Substantial Performance of the Work and for which the Owner might in any way be held responsible have been paid in full, except for amounts properly retained as a holdback or as an identified amount in dispute. 5.5.2 After the receipt of an application for payment from the Contractor and the statement as provided in paragraph 5.5.1, the Consultant will issue a certificate for payment of the holdback amount. 5.5.3 Where the holdback amount required by the applicable lien legislation has not been placed in a separate holdback account, the Owner shall, 10 calendar days prior to the expiry of the holdback period stipulated in the lien legislation applicable to the Place of the Work, place the holdback amount in a bank account in the joint names of the Owner and the Contractor. 5.5.4 In the common law jurisdictions, the holdback amount authorized by the certificate for payment of the holdback amount is due and payable on the first calendar day following the expiration of the holdback period stipulated in the lien legislation applicable to the Place of the Work. Where lien legislation does not exist or apply, the holdback amount shall be due and payable in accordance with other legislation, industry practice or provisions which may be agreed to between the parties. The Owner may retain out of the holdback amount any sums required by law to satisfy any liens against the Work or, if permitted by the lien legislation applicable to the Place of the Work, other third party monetary claims against the Contractor which are enforceable against the Owner. 5.5.5 In the Province of Quebec, the holdback amount authorized by the certificate for payment of the holdback amount is due and payable 30 calendar days after the issuance of the certificate. The Owner may retain out of the holdback amount any sums required to satisfy any legal hypothecs that have been taken, or could be taken, against the Work or other third party monetary claims against the Contractor which are enforceable against the Owner. GC 5.6 PROGRESSIVE RELEASE OF HOLDBACK 5.6.1 In the common law jurisdictions, where legislation permits and where, upon application by the Contractor, the Consultant has certified that the work of a Subcontractor or Supplier has been performed prior to Substantial Performance of the Work, the Owner shall pay the Contractor the holdback amount retained for such subcontract work, or the Products supplied by such Supplier, on the first calendar day following the expiration of the holdback period for such work stipulated in the lien legislation applicable to the Place of the Work. The Owner may retain out of the holdback amount any sums required by law to satisfy any liens against the Work or, if permitted by the lien legislation applicable to the Place of the Work, other third party monetary claims against the Contractor which are enforceable against the Owner. CCDC2 -2008 File007213 16 Note: This contract is protected by copyright. Use ofa CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and uuamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 261 of 277 15b) - Being a By -Law to Authorize the Execution of an Agree... 5.6.2 In the Province of Quebec, where, upon application by the Contractor, the Consultant has certified that the work of a Subcontractor or Supplier has been performed prior to Substantial Performance of the Work, the Owner shall pay the Contractor the holdback amount retained for such subcontract work, or the Products supplied by such Supplier, no later than 30 calendar days after such certification by the Consultant. The Owner may retain out of the holdback amount any sums required to satisfy any legal hypothecs that have been taken, or could be taken, against the Work or other third party monetary claims against the Contractor which are enforceable against the Owner. 5.6.3 Notwithstanding the provisions of the preceding paragraphs, and notwithstanding the wording of such certificates, the Contractor shall ensure that such subcontract work or Products are protected pending the issuance of a final certificate for payment and be responsible for the correction of defects or work not performed regardless of whether or not such was apparent when such certificates were issued. GC 5.7 FINAL PAYMENT 5.7.1 When the Contractor considers that the Work is completed, the Contractor shall submit an application for final payment. 5.7.2 The Consultant will, no later than 10 calendar days after the receipt of an application from the Contractor for final payment, review the Work to verify the validity of the application and advise the Contractor in writing that the application is valid or give reasons why it is not valid. 5.7.3 When the Consultant finds the Contractor's application for final payment valid, the Consultant will promptly issue a final certificate for payment. 5.7.4 Subject to the provision of paragraph 10.4.1 of GC 10.4 - WORKERS' COMPENSATION, and any lien legislation applicable to the Place of the Work, the Owner shall, no later than 5 calendar days after the issuance of a final certificate for payment, pay the Contractor as provided in Article A -5 of the Agreement - PAYMENT. GC 5.8 WITHHOLDING OF PAYMENT 5.8.1 If because of climatic or other conditions reasonably beyond the control of the Contractor, there are items of work that cannot be performed, payment in full for that portion of the Work which has been performed as certified by the Consultant shall not be withheld or delayed by the Owner on account thereof, but the Owner may withhold, until the remaining portion of the Work is finished, only such an amount that the Consultant determines is sufficient and reasonable to cover the cost of performing such remaining work. GC 5.9 NON - CONFORMING WORK 5.9.1 No payment by the Owner under the Contract nor partial or entire use or occupancy of the Work by the Owner shall constitute an acceptance of any portion of the Work or Products which are not in accordance with the requirements of the Contract Documents. PART 6 CHANGES IN THE WORK GC 6.1 OWNER'S RIGHT TO MAKE CHANGES 6.1.1 The Owner, through the Consultant, without invalidating the Contract, may make: 1 changes in the Work consisting of additions, deletions or other revisions to the Work by Change Order or Change Directive, and .2 changes to the Contract Time for the Work, or any part thereof, by Change Order. 6.1.2 The Contractor shall not perform a change in the Work without a Change Order or a Change Directive. GC 6.2 CHANGE ORDER 6.2.1 When a change in the Work is proposed or required, the Consultant will provide the Contractor with a written description of the proposed change in the Work. The Contractor shall promptly present, in a form acceptable to the Consultant, a method of adjustment or an amount of adjustment for the Contract Price, if any, and the adjustment in the Contract Time, if any, for the proposed change in the Work. 6.2.2 When the Owner and Contractor agree to the adjustments in the Contract Price and Contract Time or to the method to be used to determine the adjustments, such agreement shall be effective immediately and shall be recorded in a Change Order. The value of the work performed as the result of a Change Order shall be included in the application for progress payment. CCDC 2 -2008 File 007213 17 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 262 of 277 15b) - Being a By -Law to Authorize the Execution of an Agree... GC 6.3 CHANGE DIRECTIVE 6.3.1 If the Owner requires the Contractor to proceed with a change in the Work prior to the Owner and the Contractor agreeing upon the corresponding adjustment in Contract Price and Contract Time, the Owner, through the Consultant, shall issue a Change Directive. 6.3.2 A Change Directive shall only be used to direct a change in the Work which is within the general scope of the Contract Documents. 6.3.3 A Change Directive shall not be used to direct a change in the Contract Time only. 6.3.4 Upon receipt of a Change Directive, the Contractor shall proceed promptly with the change in the Work. 6.3.5 For the purpose of valuing Change Directives, changes in the Work that are not substitutions or otherwise related to each other shall not be grouped together in the same Change Directive. 6.3.6 The adjustment in the Contract Price for a change carried out by way of a Change Directive shall be determined on the basis of the cost of the Contractor's actual expenditures and savings attributable to the Change Directive, valued in accordance with paragraph 6.3.7 and as follows: I If the change results in a net increase in the Contractor's cost, the Contract Price shall be increased by the amount of the net increase in the Contractor's cost, plus the Contractor's percentage fee on such net increase. .2 If the change results in a net decrease in the Contractor's cost, the Contract Price shall be decreased by the amount of the net decrease in the Contractor's cost, without adjustment for the Contractor's percentage fee. .3 The Contractor's fee shall be as specified in the Contract Documents or as otherwise agreed by the parties. 6.3.7 The cost of performing the work attributable to the Change Directive shall be limited to the actual cost of the following: .1 salaries, wages and benefits paid to personnel in the direct employ of the Contractor under a salary or wage schedule agreed upon by the Owner and the Contractor, or in the absence of such a schedule, actual salaries, wages and benefits paid under applicable bargaining agreement, and in the absence of a salary or wage schedule and bargaining agreement, actual salaries, wages and benefits paid by the Contractor, for personnel (1) stationed at the Contractor's field office, in whatever capacity employed; (2) engaged in expediting the production or transportation of material or equipment, at shops or on the road; (3) engaged in the preparation or review of Shop Drawings, fabrication drawings, and coordination drawings; or (4) engaged in the processing of changes in the Work. .2 contributions, assessments or taxes incurred for such items as employment insurance, provincial or territorial health insurance, workers' compensation, and Canada or Quebec Pension Plan, insofar as such cost is based on wages, salaries or other remuneration paid to employees of the Contractor and included in the cost of the Work as provided in paragraph 6.3.7.1; .3 travel and subsistence expenses of the Contractor's personnel described in paragraph 6.3.7.1; .4 all Products including cost of transportation thereof, .5 materials, supplies, Construction Equipment, Temporary Work, and hand tools not owned by the workers, including transportation and maintenance thereof, which are consumed in the performance of the Work; and cost less salvage value on such items used but not consumed, which remain the property of the Contractor; .6 all tools and Construction Equipment, exclusive of hand tools used in the performance of the Work, whether rented from or provided by the Contractor or others, including installation, minor repairs and replacements, dismantling, removal, transportation, and delivery cost thereof; .7 all equipment and services required for the Contractor's field office; .8 deposits lost; .9 the amounts of all subcontracts: .10 quality assurance such as independent inspection and testing services; .11 charges levied by authorities having jurisdiction at the Place of the Work; .12 royalties, patent licence fees and damages for infringement of patents and cost of defending suits therefor subject always to the Contractor's obligations to indenmify the Owner as provided in paragraph 10.3.1 of GC 10.3 - PATENT FEES; .13 any adjustment in premiums for all bonds and insurance which the Contractor is required, by the Contract Documents, to purchase and maintain; .14 any adjustment in taxes, other than Value Added Taxes, and duties for which the Contractor is liable; .15 charges for long distance telephone and facsimile communications, courier services, expressage, and petty cash items incurred in relation to the performance of the Work; .16 removal and disposal of waste products and debris; and .17 safety measures and requirements. CCDC 2 -2008 File 007213 is Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 —2008 except to the extent that any alterations, additions or modifications are setforth in supplementary conditions. Page 263 of 277 15b) - Being a By -Law to Authorize the Execution of an Agree... 6.3.8 Notwithstanding any other provisions contained in the General Conditions of the Contract, it is the intention of the parties that the cost of any item under any cost element referred to in paragraph 6.3.7 shall cover and include any and all costs or liabilities attributable to the Change Directive other than those which are the result of or occasioned by any failure on the part of the Contractor to exercise reasonable care and diligence in the Contractor's attention to the Work. Any cost due to failure on the part of the Contractor to exercise reasonable care and diligence in the Contractor's attention to the Work shall be borne by the Contractor. 6.3.9 The Contractor shall keep full and detailed accounts and records necessary for the documentation of the cost of performing the Work attributable to the Change Directive and shall provide the Consultant with copies thereof when requested. 6.3.10 For the purpose of valuing Change Directives, the Owner shall be afforded reasonable access to all of the Contractor's pertinent documents related to the cost of performing the Work attributable to the Change Directive. 6.3.11 Pending determination of the final amount of a Change Directive, the undisputed value of the Work performed as the result of a Change Directive is eligible to be included in progress payments. 6.3.12 If the Owner and the Contractor do not agree on the proposed adjustment in the Contract Time attributable to the change in the Work, or the method of determining it, the adjustment shall be referred to the Consultant for determination. 6.3.13 When the Owner and the Contractor reach agreement on the adjustment to the Contract Price and to the Contract Time, this agreement shall be recorded in a Change Order. GC 6.4 CONCEALED OR UNKNOWN CONDITIONS 6.4.1 If the Owner or the Contractor discover conditions at the Place of the Work which are: 1 subsurface or otherwise concealed physical conditions which existed before the commencement of the Work which differ materially from those indicated in the Contract Documents; or .2 physical conditions, other than conditions due to weather, that are of a nature which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then the observing party shall give Notice in Writing to the other party of such conditions before they are disturbed and in no event later than 5 Working Days after first observance of the conditions. 6.4.2 The Consultant will promptly investigate such conditions and make a finding. If the finding is that the conditions differ materially and this would cause an increase or decrease in the Contractor's cost or time to perform the Work, the Consultant, with the Owner's approval, will issue appropriate instructions for a change in the Work as provided in GC 6.2 - CHANGE ORDER or GC 6.3 - CHANGE DIRECTIVE. 6.4.3 If the Consultant finds that the conditions at the Place of the Work are not materially different or that no change in the Contract Price or the Contract Time is justified, the Consultant will report the reasons for this finding to the Owner and the Contractor in writing. 6.4.4 If such concealed or unknown conditions relate to toxic and hazardous substances and materials, artifacts and fossils, or mould, the parties will be governed by the provisions of GC 9.2 - TOXIC AND HAZARDOUS SUBSTANCES, GC 9.3 - ARTIFACTS AND FOSSILS and GC 9.5 — MOULD. GC 6.5 DELAYS 6.5.1 If the Contractor is delayed in the performance of the Work by an action or omission of the Owner, Consultant or anyone employed or engaged by them directly or indirectly, contrary to the provisions of the Contract Documents, then the Contract Time shall be extended for such reasonable time as the Consultant may recommend in consultation with the Contractor. The Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay. 6.5.2 If the Contractor is delayed in the performance of the Work by a stop work order issued by a court or other public authority and providing that such order was not issued as the result of an act or fault of the Contractor or any person employed or engaged by the Contractor directly or indirectly, then the Contract Time shall be extended for such reasonable time as the Consultant may recommend in consultation with the Contractor. The Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay. CCDC 2 — 2008 File 007213 19 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unanrended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are setforth in supplementary conditions. Page 264 of 277 15b) - Being a By -Law to Authorize the Execution of an Agree... 6.5.3 If the Contractor is delayed in the performance of the Work by: 1 labour disputes, strikes, lock -outs (including lock -outs decreed or recommended for its members by a recognized contractors' association, of which the Contractor is a member or to which the Contractor is otherwise bound), .2 fire, unusual delay by common carriers or unavoidable casualties, .3 abnormally adverse weather conditions, or .4 any cause beyond the Contractor's control other than one resulting from a default or breach of Contract by the Contractor, then the Contract Time shall be extended for such reasonable time as the Consultant may recommend in consultation with the Contractor. The extension of time shall not be less than the time lost as the result of the event causing the delay, unless the Contractor agrees to a shorter extension. The Contractor shall not be entitled to payment for costs incurred by such delays unless such delays result from actions by the Owner, Consultant or anyone employed or engaged by them directly or indirectly. 6.5.4 No extension shall be made for delay unless Notice in Writing of the cause of delay is given to the Consultant not later than 10 Working Days after the commencement of the delay. In the case of a continuing cause of delay only one Notice in Writing shall be necessary. 6.5.5 If no schedule is made under paragraph 2.2.13 of GC 2.2 - ROLE OF THE CONSULTANT, then no request for extension shall be made because of failure of the Consultant to furnish instructions until 10 Working Days after demand for such instructions has been made. GC 6.6 CLAIMS FOR A CHANGE IN CONTRACT PRICE 6.6.1 If the Contractor intends to make a claim for an increase to the Contract Price, or if the Owner intends to make a claim against the Contractor for a credit to the Contract Price, the party that intends to make the claim shall give timely Notice in Writing of intent to claim to the other party and to the Consultant. 6.6.2 Upon commencement of the event or series of events giving rise to a claim, the party intending to make the claim shall: 1 take all reasonable measures to mitigate any loss or expense which may be incurred as a result of such event or series of events, and .2 keep such records as maybe necessary to support the claim. 6.6.3 The party making the claim shall submit within a reasonable time to the Consultant a detailed account of the amount claimed and the grounds upon which the claim is based. 6.6.4 Where the event or series of events giving rise to the claim has a continuing effect, the detailed account submitted under paragraph 6.6.3 shall be considered to be an interim account and the party malting the claim shall, at such intervals as the Consultant may reasonably require, submit further interim accounts giving the accumulated amount of the claim and any further grounds upon which it is based. The party making the claim shall submit a final account after the end of the effects resulting from the event or series of events. 6.6.5 The Consultant's findings, with respect to a claim made by either party, will be given by Notice in Writing to both parties within 30 Working Days after receipt of the claim by the Consultant, or within such other time period as may be agreed by the parties. 6.6.6 If such finding is not acceptable to either party, the claim shall be settled in accordance with Part 8 of the General Conditions - DISPUTE RESOLUTION. PART 7 DEFAULT NOTICE GC 7.1 OWNER'S RIGHT TO PERFORM THE WORK, TERMINATE THE CONTRACTOR'S RIGHT TO CONTINUE WITH THE WORK OR TERMINATE THE CONTRACT 7.1.1 If the Contractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors because of the Contractor's insolvency, or if a receiver is appointed because of the Contractor's insolvency, the Owner may, without prejudice to any other right or remedy the Owner may have, terminate the Contractor's right to continue with the Work, by giving the Contractor or receiver or trustee in bankruptcy Notice in Writing to that effect. 7.1.2 If the Contractor neglects to prosecute the Work properly or otherwise fails to comply with the requirements of the Contract to a substantial degree and if the Consultant has given a written statement to the Owner and Contractor that sufficient cause exists to justify such action, the Owner may, without prejudice to any other right or remedy the Owner may have, give the Contractor Notice in Writing that the Contractor is in default of the Contractors contractual obligations and instruct the Contractor to correct the default in the 5 Working Days immediately following the receipt of such Notice in Writing. CCDC 2 — 2008 File 007213 20 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract tf the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to bean accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are ,set forth in supplementary conditions. Page 265 of 277 15b) - Being a By -Law to Authorize the Execution of an Agree... 7.1.3 If the default cannot be corrected in the 5 Working Days specified or in such other time period as may be subsequently agreed in writing by the parties, the Contractor shall be in compliance with the Owner's instructions if the Contractor: .1 commences the correction of the default within the specified time, and .2 provides the Owner with an acceptable schedule for such correction, and .3 corrects the default in accordance with the Contract terms and with such schedule. 7.1.4 If the Contractor fails to correct the default in the time specified or in such other time period as may be subsequently agreed in writing by the parties, without prejudice to any other right or remedy the Owner may have, the Owner may: 1 correct such default and deduct the cost thereof from any payment then or thereafter due the Contractor provided the Consultant has certified such cost to the Owner and the Contractor, or .2 terminate the Contractor's right to continue with the Work in whole or in part or terminate the Contract. 7.1.5 If the Owner terminates the Contractor's right to continue with the Work as provided in paragraphs 7.1.1 and 7.1.4, the Owner shall be entitled to: I take possession of the Work and Products at the Place of the Work; subject to the rights of third parties, utilize the Construction Equipment at the Place of the Work; finish the Work by whatever method the Owner may consider expedient, but without undue delay or expense, and .2 withhold further payment to the Contractor until a final certificate for payment is issued, and .3 charge the Contractor the amount by which the full cost of finishing the Work as certified by the Consultant, including compensation to the Consultant for the Consultant's additional services and a reasonable allowance as determined by the Consultant to cover the cost of corrections to work performed by the Contractor that may be required under GC 12.3 - WARRANTY, exceeds the unpaid balance of the Contract Price; however, if such cost of finishing the Work is less than the unpaid balance of the Contract Price, the Owner shall pay the Contractor the difference, and .4 on expiry of the warranty period, charge the Contractor the amount by which the cost of corrections to the Contractor's work under GC 12.3 - WARRANTY exceeds the allowance provided for such corrections, or if the cost of such corrections is less than the allowance, pay the Contractor the difference. 7.1.6 The Contractor's obligation under the Contract as to quality, correction and warranty of the work performed by the Contractor up to the time of termination shall continue after such termination of the Contract. GC 7.2 CONTRACTOR'S RIGHT TO SUSPEND THE WORK OR TERMINATE THE CONTRACT 7.2.1 If the Owner is adjudged bankrupt, or makes a general assignment for the benefit of creditors because of the Owner's insolvency, or if a receiver is appointed because of the Owner's insolvency, the Contractor may, without prejudice to any other right or remedy the Contractor may have, terminate the Contract by giving the Owner or receiver or trustee in bankruptcy Notice in Writing to that effect. 7.2.2 If the Work is suspended or otherwise delayed for a period of 20 Working Days or more under an order of a court or other public authority and providing that such order was not issued as the result of an act or fault of the Contractor or of anyone directly or indirectly employed or engaged by the Contractor, the Contractor may, without prejudice to any other right or remedy the Contractor may have, terminate the Contract by giving the Owner Notice in Writing to that effect. 7.2.3 The Contractor may give Notice in Writing to the Owner, with a copy to the Consultant, that the Owner is in default of the Owner's contractual obligations if- 1 the Owner fails to furnish, when so requested by the Contractor, reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract, or .2 the Consultant fails to issue a certificate as provided in GC 5.3 - PROGRESS PAYMENT, or .3 the Owner fails to pay the Contractor when due the amounts certified by the Consultant or awarded by arbitration or court, or .4 the Owner violates the requirements of the Contract to a substantial degree and the Consultant, except for GC 5.1 - FINANCING INFORMATION REQUIRED OF THE OWNER, confirms by written statement to the Contractor that sufficient cause exists. 7.2.4 The Contractor's Notice in Writing to the Owner provided under paragraph 7.2.3 shall advise that if the default is not corrected within 5 Working Days following the receipt of the Notice in Writing, the Contractor may, without prejudice to any other right or remedy the Contractor may have, suspend the Work or terminate the Contract. 7.2.5 If the Contractor terminates the Contract under the conditions set out above, the Contractor shall be entitled to be paid for all work performed including reasonable profit, for loss sustained upon Products and Construction Equipment, and such other damages as the Contractor may have sustained as a result of the termination of the Contract. CCDC 2 — 2008 File 007213 21 Note: This contract is protected by copyright. Use ofa CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 266 of 277 15b) - Being a By -Law to Authorize the Execution of an Agree... PART 8 DISPUTE RESOLUTION GC 8.1 AUTHORITY OF THE CONSULTANT 8.1.1 Differences between the parties to the Contract as to the interpretation, application or administration of the Contract or any failure to agree where agreement between the parties is called for, herein collectively called disputes, which are not resolved in the first instance by findings of the Consultant as provided in GC 2.2 - ROLE OF THE CONSULTANT, shall be settled in accordance with the requirements of Part 8 of the General Conditions - DISPUTE RESOLUTION. 8.1.2 If a dispute arises under the Contract in respect of a matter in which the Consultant has no authority under the Contract to make a finding, the procedures set out in paragraph 8.1.3 and paragraphs 8.2.3 to 8.2.8 of GC 8.2 - NEGOTIATION, MEDIATION AND ARBITRATION, and in GC 8.3 - RETENTION OF RIGHTS apply to that dispute with the necessary changes to detail as may be required. 8.1.3 If a dispute is not resolved promptly, the Consultant will give such instructions as in the Consultant's opinion are necessary for the proper performance of the Work and to prevent delays pending settlement of the dispute. The parties shall act immediately according to such instructions, it being understood that by so doing neither party will jeopardize any claim the party may have. If it is subsequently determined that such instructions were in error or at variance with the Contract Documents, the Owner shall pay the Contractor costs incurred by the Contractor in carrying out such instructions which the Contractor was required to do beyond what the Contract Documents correctly understood and interpreted would have required, including costs resulting from interruption of the Work. GC 8.2 NEGOTIATION, MEDIATION AND ARBITRATION 8.2.1 In accordance with the Rules for Mediation of Construction Disputes as provided in CCDC 40 in effect at the time of bid closing, the parties shall appoint a Project Mediator .1 within 20 Working Days after the Contract was awarded, or .2 if the parties neglected to make an appointment within the 20 Working Days, within 10 Working Days after either party by Notice in Writing requests that the Project Mediator be appointed. 8.2.2 A party shall be conclusively deemed to have accepted a finding of the Consultant under GC 2.2 - ROLE OF THE CONSULTANT and to have expressly waived and released the other party from any claims in respect of the particular matter dealt with in that finding unless, within 15 Working Days after receipt of that finding, the party sends a Notice in Writing of dispute to the other party and to the Consultant, which contains the particulars of the matter in dispute and the relevant provisions of the Contract Documents. 'the responding party shall send a Notice in Writing of reply to the dispute within 10 Working Days after receipt of such Notice in Writing setting out particulars of this response and any relevant provisions of the Contract Documents. 8.2.3 The parties shall make all reasonable efforts to resolve their dispute by amicable negotiations and agree to provide, without prejudice, frank, candid and timely disclosure of relevant facts, information and documents to facilitate these negotiations. 8.2.4 After a period of 10 Working Days following receipt of a responding party's Notice in Writing of reply under paragraph 8.2.2, the parties shall request the Project Mediator to assist the parties to reach agreement on any unresolved dispute. The mediated negotiations shall be conducted in accordance with the Rules for Mediation of Construction Disputes as provided in CCDC 40 in effect at the time of bid closing. 8.2.5 If the dispute has not been resolved within 10 Working Days after the Project Mediator was requested under paragraph 8.2.4 or within such further period agreed by the parties, the Project Mediator shall terminate the mediated negotiations by giving Notice in Writing to the Owner, the Contractor and the Consultant. 8.2.6 By giving a Notice in Writing to the other party and the Consultant, not later than 10 Working Days after the date of termination of the mediated negotiations under paragraph 8.2.5, either party may refer the dispute to be finally resolved by arbitration under the Rules for Arbitration of Construction Disputes as provided in CCDC 40 in effect at the time of bid closing. The arbitration shall be conducted in the jurisdiction of the Place of the Work. 8.2.7 On expiration of the 10 Working Days, the arbitration agreement under paragraph 8.2.6 is not binding on the parties and, if a Notice in Writing is not given under paragraph 8.2.6 within the required time, the parties may refer the unresolved dispute to the courts or to any other form of dispute resolution, including arbitration, which they have agreed to use. CCDC 2 -2008 File 007213 22 Note: This contract is protected by copyright. Use ofa CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 267 of 277 15b) - Being a By -Law to Authorize the Execution of an Agree... 8.2.8 If neither party, by Notice in Writing, given within 10 Working Days of the date of Notice in Writing requesting arbitration in paragraph 8.2.6, requires that a dispute be arbitrated immediately, all disputes referred to arbitration as provided in paragraph 8.2.6 shall be 1 held in abeyance until (1) Substantial Performance of the Work, (2) the Contract has been terminated, or (3) the Contractor has abandoned the Work, whichever is earlier; and .2 consolidated into a single arbitration under the rules governing the arbitration under paragraph 8.2.6. GC 8.3 RETENTION OF RIGHTS 8.3.1 It is agreed that no act by either party shall be construed as a renunciation or waiver of any rights or recourses, provided the party has given the Notice in Writing required under Part 8 of the General Conditions - DISPUTE RESOLUTION and has carried out the instructions as provided in paragraph 8.1.3 of GC 8.1 —AUTHORITY OF THE CONSULTANT. 8.3.2 Nothing in Part 8 of the General Conditions - DISPUTE RESOLUTION shall be construed in any way to limit a party from asserting any statutory right to a lien under applicable lien legislation of the jurisdiction of the Place of the Work and the assertion of such right by initiating judicial proceedings is not to be construed as a waiver of any right that party may have under paragraph 8.2.6 of GC 8.2 — NEGOTIATION, MEDIATION AND ARBITRATION to proceed by way of arbitration to adjudicate the merits of the claim upon which such a lien is based. PART 9 PROTECTION OF PERSONS AND PROPERTY GC 9.1 PROTECTION OF WORK AND PROPERTY 9.1.1 The Contractor shall protect the Work and the Owner's property and property adjacent to the Place of the Work from damage which may arise as the result of the Contractor's operations under the Contract, and shall be responsible for such damage, except damage which occurs as the result of. .1 errors in the Contract Documents; .2 acts or omissions by the Owner, the Consultant, other contractors, their agents and employees. 9.1.2 Before commencing any work, the Contractor shall determine the location of all underground utilities and structures indicated in the Contract Documents or that are reasonably apparent in an inspection of the Place of the Work. 9.1.3 Should the Contractor in the performance of the Contract damage the Work, the Owner's property or property adjacent to the Place of the Work, the Contractor shall be responsible for making good such damage at the Contractor's expense. 9.1.4 Should damage occur to the Work or Owner's property for which the Contractor is not responsible, as provided in paragraph 9.1.1, the Contractor shall make good such damage to the Work and, if the Owner so directs, to the Owner's property. The Contract Price and Contract Time shall be adjusted as provided in GC 6.1 — OWNER'S RIGHT TO MAKE CHANGES, GC 6.2 - CHANGE ORDER and GC 6.3 - CHANGE DIRECTIVE. GC 9.2 TOXIC AND HAZARDOUS SUBSTANCES 9.2.1 For the purposes of applicable legislation related to toxic and hazardous substances, the (honer shall be deemed to have control and management of the Place of the Work with respect to existing conditions. 9.2.2 Prior to the Contractor commencing the Work, the Owner shall, 1 take all reasonable steps to determine whether any toxic or hazardous substances are present at the Place of the Work, and .2 provide the Consultant and the Contractor with a written list of any such substances that are known to exist and their locations. 9.2.3 The Owner shall take all reasonable steps to ensure that no person's exposure to any toxic or hazardous substances exceeds the time weighted levels prescribed by applicable legislation at the Place of the Work and that no property is damaged or destroyed as a result of exposure to, or the presence of toxic or hazardous substances which were at the Place of the Work prior to the Contractor commencing the Work. 9.2.4 Unless the Contract expressly provides otherwise, the Owner shall be responsible for taking all necessary steps, in accordance with applicable legislation in force at the Place of the Work, to dispose of, store or otherwise render harmless toxic or hazardous substances which were present at the Place of the Work prior to the Contractor commencing the Work. CCDC 2 - 2008 Filc 007213 23 Note.: This contract is protected by copyright. Use oJ'a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to bean accurate and unamended version of CCDC 2 - 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 268 of 277 15b) - Being a By -Law to Authorize the Execution of an Agree... 9.2.5 If the Contractor .1 encormters toxic or hazardous substances at the Place of the Work, or .2 has reasonable grounds to believe that toxic or hazardous substances are present at the Place of the Work, which were not brought to the Place of the Work by the Contractor or anyone for whom the Contractor is responsible and which were not disclosed by the Owner or which were disclosed but have not been dealt with as required under paragraph 9.2.4, the Contractor shall .3 take all reasonable steps, including stopping the Work, to ensure that no person's exposure to any toxic or hazardous substances exceeds any applicable time weighted levels prescribed by applicable legislation at the Place of the Work, and .4 immediately report the circumstances to the Consultant and the Owner in writing. 9.2.6 If the Owner and Contractor do not agree on the existence, significance of, or whether the toxic or hazardous substances were brought onto the Place of the Work by the Contractor or anyone for whom the Contractor is responsible, the Owner shall retain and pay for an independent qualified expert to investigate and determine such matters. The expert's report shall be delivered to the Owner and the Contractor. 9.2.7 If the Owner and Contractor agree or if the expert referred to in paragraph 9.2.6 determines that the toxic or hazardous substances were not brought onto the place of the Work by the Contractor or anyone for whom the Contractor is responsible, the Owner shall promptly at the Owner's own expense: .l take all steps as required under paragraph 9.2.4; 2 reimburse the Contractor for the costs of all steps taken pursuant to paragraph 9.2.5; .3 extend the Contract time for such reasonable time as the Consultant may recommend in consultation with the Contractor and the expert referred to in 9.2.6 and reimburse the Contractor for reasonable costs incurred as a result of the delay; and .4 indemnify the Contractor as required by GC 12.1 - INDEMNIFICATION. 928 If the Owner and Contractor agree or if the expert referred to in paragraph 9.2.6 determines that the toxic or hazardous substances were brought onto the place of the Work by the Contractor or anyone for whom the Contractor is responsible, the Contractor shall promptly at the Contractor's own expense: 1 take all necessary steps, in accordance with applicable legislation in force at the Place of the Work, to safely remove and dispose the toxic or hazardous substances; .2 make good any damage to the Work, the Owner's property or property adjacent to the place of the Work as provided in paragraph 9.1.3 of GC 9.1 — PROTECTION OF WORK AND PROPERTY; 3 reimburse the Owner for reasonable costs incurred under paragraph 9.2.6; and .4 indemnify the Owner as required by GC 12.1 - INDEMNIFICATION. 9.2.9 If either party does not accept the expert's findings under paragraph 9.2.6, the disagreement shall be settled in accordance with Part 8 of the General Conditions - Dispute Resolution. If such disagreement is not resolved promptly, the parties shall act immediately in accordance with the expert's determination and take the steps required by paragraph 9.2.7 or 9.2.8 it being understood that by so doing, neither party will jeopardize any claim that party may have to be reimbursed as provided by GC 9.2 — TOXIC AND HAZARDOUS SUBSTANCES. GC 9.3 ARTIFACTS AND FOSSILS 9.3.1 Fossils, coins, articles of value or antiquity, structures and other remains or things of scientific or historic interest discovered at the Place or Work shall, as between the Owner and the Contractor, be deemed to be the absolute property of the Owner. 93.2 The Contractor shall take all reasonable precautions to prevent removal or damage to discoveries as identified in paragraph 9.3.1, and shall advise the Consultant upon discovery of such items. 93.3 The Consultant will investigate the impact on the Work of the discoveries identified in paragraph 9.3.1. If conditions are found that would cause an increase or decrease in the Contractor's cost or time to perform the Work, the Consultant, with the Owner's approval, will issue appropriate instructions for a change in the Work as provided in GC 6.2 - CHANGE ORDER or GC 6.3 CHANGE DIRECTIVE. GC 9.4 CONSTRUCTION SAFETY 9.4.1 Subject to paragraph 3.2.2.2 of GC 3.2 - CONSTRUCTION BY OWNER OR OTHER CONTRACTORS, the Contractor shall be solely responsible for construction safety at the Place of the Work and for compliance with the rules, regulations and practices required by the applicable construction health and safety legislation and shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Work. CCDC 2 -2008 File 007213 24 Note. This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 269 of 277 15b) - Being a By -Law to Authorize the Execution of an Agree... GC 9.5 MOULD 9.5.1 1f the Contractor or Owner observes or reasonably suspects the presence of mould at the Place of the Work, the remediation of which is not expressly part of the Work, .1 the observing party shall promptly report the circumstances to the other party in writing, and .2 the Contractor shall promptly take all reasonable steps, including stopping the Work if necessary, to ensure that no person suffers injury, sickness or death and that no property is damaged as a result of exposure to or the presence of the mould, and .3 if the Owner and Contractor do not agree on the existence, significance or cause of the mould or as to what steps need be taken to deal with it, the Owner shall retain and pay for an independent qualified expert to investigate and determine such matters. The expert's report shall be delivered to the Owner and Contractor. 9.5.2 If the Owner and Contractor agree, or if the expert referred to in paragraph 9.5.1.3 determines that the presence of mould was caused by the Contractor's operations under the Contract, the Contractor shall promptly, at the Contractor's own expense: .1 take all reasonable and necessary steps to safely remediate or dispose of the mould, and .2 make good any damage to the Work, the Owner's property or property adjacent to the Place of the Work as provided in paragraph 9.1.3 of GC 9.1 - PROTECTION OF WORK AND PROPERTY, and .3 reimburse the Owner for reasonable costs incurred under paragraph 9.5.1.3, and .4 indemnify the Owner as required by GC 12.1 - INDEMNIFICATION. 9.5.3 If the Owner and Contractor agree, or if the expert referred to in paragraph 9.5.1.3 determines that the presence of mould was not caused by the Contractor's operations under the Contract, the (honer shall promptly, at the Owner's own expense: .1 take all reasonable and necessary steps to safely remediate or dispose of the mould, and .2 reimburse the Contractor for the cost of taking the steps under paragraph 9.5.1.2 and making good any damage to the Work as provided in paragraph 9.1.4 of GC 9.1 - PROTECTION OF WORK AND PROPERTY, and .3 extend the Contract Time for such reasonable time as the Consultant may recommend in consultation with the Contractor and the expert referred to in paragraph 9.5.1.3 and reimburse the Contractor for reasonable costs incurred as a result of the delay, and .4 indemnify the Contractor as required by GC 12.1 - INDEMNIFICATION. 9.5.4 If either party does not accept the expert's finding under paragraph 9.5.1.3, the disagreement shall be settled in accordance with Part 8 of the General Conditions - DISPUTE RESOLUTION. If such desagreement is not resolved promptly, the parties shall act immediately in accordance with the expert's determination and take the steps required by paragraphs 9.5.2 or 9.5.3, it being understood that by so doing neither party will jeopardize any claim the party may have to be reimbursed as provided by GC 9.5 - MOULD. PART 10 GOVERNING REGULATIONS GC 10.1 TAXES AND DUTIES 10.1.1 The Contract Price shall include all taxes and customs duties in effect at the time of the bid closing except for Value Added Taxes payable by the Owner to the Contractor as stipulated in Article A-4 of the Agreement - CONTRACT PRICE. 10.1.2 Any increase or decrease in costs to the Contractor due to changes in such included taxes and duties after the time of the bid closing shall increase or decrease the Contract Price accordingly. GC 10.2 LAWS, NOTICES, PERMITS, AND FEES 10.2.1 The laws of the Place of the Work shall govern the Work. 10.2.2 The Owner shall obtain and pay for development approvals, building permit, pernianent easements, rights of servitude, and all other necessary approvals and permits, except for the permits and fees referred to in paragraph 10.2.3 or for which the Contract Documents specify as the responsibility of the Contractor. 10.2.3 The Contractor shall be responsible for the procurement of permits, licences, inspections, and certificates, which are necessary for the performance of the Work and customarily obtained by contractors in the jurisdiction of the Place of the Work after the issuance of the building permit. The Contract Price includes the cost of these permits, licences, inspections, and certificates, and their procurement. 10.2.4 The Contractor shall give the required notices and comply with the laws, ordinances, rules, regulations, or codes which are or become in force during the performance of the Work and which relate to the Work, to the preservation of the public health, and to construction safety. CCDC 2 — 2008 File 007213 25 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to he an accurate and unamended version of CCDC2— 2008 except to the extent that any alterations, additions or modifications are sel forth in supplementary conditions. Page 270 of 277 15b) - Being a By -Law to Authorize the Execution of an Agree... 10.2.5 The Contractor shall not be responsible for verifying that the Contract Documents are in compliance with the applicable laws, ordinances, rules, regulations, or codes relating to the Work. If the Contract Documents are at variance therewith, or if, subsequent to the time of bid closing, changes are made to the applicable laws, ordinances, rules, regulations, or codes which require modification to the Contract Documents, the Contractor shall advise the Consultant in writing requesting direction immediately upon such variance or change becoming known. The Consultant will make the changes required to the Contract Documents as provided in GC 6.1 - OWNER'S RIGHT TO MAKE CHANGES, GC 6.2 - CHANGE ORDER and GC 6.3 - CHANGE DIRECTIVE. 10.2.6 If the Contractor fails to advise the Consultant in writing; and fails to obtain direction as required in paragraph 10.2.5; and performs work knowing it to be contrary to any laws, ordinances, rules, regulations, or codes; the Contractor shall be responsible for and shall correct the violations thereof; and shall bear the costs, expenses and damages attributable to the failure to comply with the provisions of such laws, ordinances, rules, regulations, or codes. 10.2.7 If, subsequent to the time of bid closing, changes are made to applicable laws, ordinances, rules, regulations, or codes of authorities having jurisdiction which affect the cost of the Work, either party may submit a claim in accordance with the requirements of GC 6.6 — CLAIMS FOR A CHANGE IN CONTRACT PRICE. GC 10.3 PATENT FEES 10.3.1 The Contractor shall pay the royalties and patent licence fees required for the perfonmance of the Contract. The Contractor shall hold the Owner harmless from and against claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of the Contractor's performance of the Contract which are attributable to an infringement or an alleged infringement of a patent of invention by the Contractor or anyone for whose acts the Contractor may be liable. 10.3.2 The Owner shall hold the Contractor harmless against claims, demands; losses, costs, damages, actions, suits, or proceedings arising out of the Contractor's performance of the Contract which are attributable to an infringement or an alleged infringement of a patent of invention in executing anything for the purpose of the Contract; the model, plan or design of which was supplied to the Contractor as part of the Contract Documents. GC 10.4 WORKERS' COMPENSATION 10.4.1 Prior to commencing the Work, again with the Contractor's application for payment of the holdback amount following Substantial Performance of the Work and again with the Contractor's application for final payment, the Contractor shall provide evidence of compliance with workers' compensation legislation at the Place of the Work, including payments due thereunder. 10.4.2 At any time during the term of the Contract, when requested by the Owner, the Contractor shall provide such evidence of compliance by the Contractor and Subcontractors. PART 11 INSURANCE AND CONTRACT SECURITY GC 11.1 INSURANCE 11.1.1 Without restricting the generality of GC 12.1 - INDEMNIFICATION, the Contractor shall provide, maintain and pay for the following insurance coverages, the minimum requirements of which are specified in CCDC 41 — CCDC Insurance Requirements in effect at the time of bid closing except as hereinafter provided: .1 General liability insurance in the name of the Contractor and include, or in the case of a single, blanket policy, be endorsed to name, the Owner and the Consultant as insureds but only with respect to liability, other than legal liability arising out of their sole negligence, arising out of the operations of the Contractor with regard to the Work. General liability insurance shall be maintained from the date of commencement of the Work until one year from the date of Substantial Performance of the Work. Liability coverage shall be provided for completed operations hazards from the date of Substantial Performance of the Work, as set out in the certificate of Substantial Performance of the Work, on an ongoing basis for a period of 6 years following Substantial Performance of the Work. .2 Automobile Liability Insurance from the date of commencement of the Work until one year after the date of Substantial Performance of the Work. .3 Aircraft or Watercraft Liability Insurance when owned or non -owned aircraft or watercraft are used directly or indirectly in the performance of the Work .4 "Broad form" property insurance in the joint names of the Contractor, the Owner and the Consultant. The policy shall include as insureds all Subcontractors. The "Broad form" property insurance shall be provided from the date of commencement of the Work until the earliest of (1) 10 calendar days after the date of Substantial Performance of the Work; CCDC 2 —2008 File 007213 26 Note: This contract is protected by copyright. Use ofa CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to bean accurate and unamended version of CCDC 2 -2008 except to the extent that any alterations, addtfions or modifications are set forth in supplementary conditions. Page 271 of 277 15b) - Being a By -Law to Authorize the Execution of an Agree... (2) on the commencement of use or occupancy of any part or section of the Work unless such use or occupancy is for construction purposes, habitational, office, banking, convenience store under 465 square metres in area, or parking purposes, or for the installation, testing and commissioning of equipment forming part of the Work; (3) when left unattended for more than 30 consecutive calendar days or when construction activity has ceased for more than 30 consecutive calendar days. .5 Boiler and machinery insurance in the joint names of the Contractor, the Owner and the Consultant. The policy shall include as insureds all Subcontractors. The coverage shall be maintained continuously from commencement of use or operation of the boiler and machinery objects insured by the policy and until 10 calendar days after the date of Substantial Performance of the Work. .6 The "Broad form" property and boiler and machinery policies shall provide that, in the case of a loss or damage, payment shall be made to the Owner and the Contractor as their respective interests may appear. In the event of loss or damage: (1) the Contractor shall act on behalf of the Owner for the purpose of adjusting the amount of such loss or damage payment with the insurers. When the extent of the loss or damage is determined, the Contractor shall proceed to restore the Work. Loss or damage shall not affect the rights and obligations of either party under the Contract except that the Contractor shall be entitled to such reasonable extension of Contract Time relative to the extent of the loss or damage as the Consultant may recommend in consultation with the Contractor; (2) the Contractor shall be entitled to receive from the Owner, in addition to the amount due under the Contract, the amount which the Owner's interest in restoration of the Work has been appraised, such amount to be paid as the restoration of the Work proceeds in accordance with the progress payment provisions. In addition the Contractor shall be entitled to receive from the payments made by the insurer the amount of the Contractor's interest in the restoration of the Work; and (3) to the Work arising from the work of the Owner, the Owner's own forces or another contractor, the Owner shall, in accordance with the Owner's obligations under the provisions relating to construction by Owner or other contractors, pay the Contractor the cost of restoring the Work as the restoration of the Work proceeds and as in accordance with the progress payment provisions. 7 Contractors' Equipment Insurance from the date of commencement of the Work until one year after the date of Substantial Performance of the Work. 11.1.2 Prior to commencement of the Work and upon the placement, renewal, amendment, or extension of all or any part of the insurance, the Contractor shall promptly provide the Owner with confirmation of coverage and, if required, a certified true copy of the policies certified by an authorized representative of the insurer together with copies of any amending endorsements applicable to the Work. 11.1.3 The parties shall pay their share of the deductible amounts in direct proportion to their responsibility in regards to any loss for which the above policies are required to pay, except where such amounts may be excluded by the terms of the Contract. 11.1.4 If the Contractor fails to provide or maintain insurance as required by the Contract Documents, then the Owner shall have the right to provide and maintain such insurance and give evidence to the Contractor and the Consultant. The Contractor shall pay the cost thereof to the Owner on demand or the Owner may deduct the cost from the amount which is due or may become due to the Contractor. 11.1.5 All required insurance policies shall be with insurers licensed to underwrite insurance in the jurisdiction of the Place of the Work. 11.1.6 If a revised version of CCDC 41 — INSURANCE REQUIREMENTS is published, which specifies reduced insurance requirements, the parties shall address such reduction, prior to the Contractor's insurance policy becoming due for renewal, and record any agreement in a Change Order. 11.1.7 If a revised version of CCDC 41 — INSURANCE REQUIREMENTS is published, which specifies increased insurance requirements, the Owner may request the increased coverage from the Contractor by way of a Change Order. 11.1.8 A Change Directive shall not be used to direct a change in the insurance requirements in response to the revision of CCDC 41 — INSURANCE REQUIREMENTS. CK�i_f__lltLK�IQY 7SyLIGY 018109 01114 11.2.1 The Contractor shall, prior to commencement of the Work or within the specified time, provide to the Owner any Contract security specified in the Contract Documents. CCDC 2 -2008 File 007213 27 Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set Earth in supplementary conditions. Page 272 of 277 15b) - Being a By -Law to Authorize the Execution of an Agree... 11.2.2 If the Contract Documents require surety bonds to be provided, such bonds shall be issued by a duly licensed surety company authorized to transact the business of suretyship in the province or territory of the Place of the Work and shall be maintained in good standing until the fulfillment of the Contract. The form of such bonds shall be in accordance with the latest edition of the CCDC approved bond forms. PART 12 INDEMNIFICATION, WAIVER OF CLAIMS AND WARRANTY GC 12.1 INDEMNIFICATION 12.1.1 Without restricting the parties' obligation to indemnify as described in paragraphs 12.1.4 and 12.1.5, the Owner and the Contractor shall each indemnify and hold harmless the other from and against all claims, demands, losses, costs, damages, actions, suits, or proceedings whether in respect to losses suffered by them or in respect to claims by third parties that arise out of, or are attributable in any respect to their involvement as parties to this Contract, provided such claims are: 1 caused by: (1) the negligent acts or omissions of the party from whom indemnification is sought or anyone for whose acts or omissions that party is liable, or (2) a failure of the party to the Contract from whom indemnification is sought to fulfill its terms or conditions; and .2 made by Notice in Writing within a period of 6 years from the date of Substantial Performance of the Work as set out in the certificate of Substantial Performance of the Work issued pursuant to paragraph 5.4.2.2 of GC 5.4 — SUBSTANTIAL PERFORMANCE OF THE WORK or within such shorter period as may be prescribed by any limitation statute of the province or territory of the Place of the Work. The parties expressly waive the right to indemnity for claims other than those provided for in this Contract. 12.1.2 The obligation of either party to indemnify asset forth in paragraph 12.11 shall be limited as follows: .1 In respect to losses suffered by the Owner and the Contractor for which insurance is to be provided by either party pursuant to GC 11.1 — INSURANCE, the general liability insurance limit for one occurrence as referred to in CCDC 41 in effect at the time of bid closing. .2 In respect to losses suffered by the Owner and the Contractor for which insurance is not required to be provided by either party in accordance with GC 11.1 — INSURANCE, the greater of the Contract Price as recorded in Article A -4 — CONTRACT PRICE or 52,000,000, but in no event shall the sum be greater than $20,000,000. .3 In respect to claims by third parties for direct loss resulting from bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, the obligation to indemnify is without limit. In respect to all other claims for indemnity as a result of claims advanced by third parties, the limits of indemnity set forth in paragraphs 12.1.2.1 and 12.1.2.2 shall apply. 12.1.3 The obligation of either party to indemnify the other as set forth in paragraphs 12. 1.1 and l 2.1.2 shall be inclusive of interest and all legal costs. 12.1.4 The Owner and the Contractor shall indemnify and hold harmless the other from and against all claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of their obligations described in GC 9.2 — TOXIC AND HAZARDOUS SUBSTANCES. 12.1.5 The Owner shall indemnify and hold harmless the Contractor from and against all claims, demands, losses, costs, damages, actions, suits, or proceedings: .1 as described in paragraph 10.3.2 of GC 10.3 —PATENT FEES, and .2 arising out of the Contractor's performance of the Contract which are attributable to a lack of or defect in title or an alleged lack of or defect in title to the Place of the Work. 12.1.6 In respect to any claim for indemnity or to be held harmless by the Owner or the Contractor: 1 Notice in Writing of such claim shall be given within a reasonable time after the facts upon which such claim is based became known; 1 should any party be required as a result of its obligation to indemnify another to pay or satisfy a final order, judgment or award made against the party entitled by this contract to be indemnified, then the indemnifying party upon assuming all liability for any costs that might result shall have the right to appeal in the name of the party against whom such final order or judgment has been made until such rights of appeal have been exhausted. CCDC 2 — 2008 File 007213 28 Note. This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infn'ngement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to bean accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 273 of 277 15b) - Being a By -Law to Authorize the Execution of an Agree... GC 12.2 WAIVER OF CLAIMS 12.2.1 Subject to any lien legislation applicable to the Place of the Work, as of the fifth calendar day before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work, the Contractor waives and releases the Owner from all claims which the Contractor has or reasonably ought to have knowledge of that could be advanced by the Contractor against the Owner arising from the Contractor's involvement in the Work, including, without limitation, those arising from negligence or breach of contract in respect to which the cause of action is based upon acts or omissions which occurred prior to or on the date of Substantial Performance of the Work, except as follows: 1 claims arising prior to or on the date of Substantial Performance of the Work for which Notice in Writing of claim has been received by the Owner from the Contractor no later than the sixth calendar day before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work; .2 indemnification for claims advanced against the Contractor by third parties for which a right of indemnification may be asserted by the Contractor against the Owner pursuant to the provisions of this Contract; .3 claims for which a right of indemnity could be asserted by the Contractor pursuant to the provisions of paragraphs 12.1.4 or 12.1.5 of GC 12.1 — INDEMNIFICATION; and .4 claims resulting from acts or omissions which occur after the date of Substantial Performance of the Work. 12.2.2 The Contractor waives and releases the Owner from all claims referenced in paragraph 12.2.1.4 except for those referred in paragraphs 12.2.1.2 and 12.2.1.3 and claims for which Notice in Writing of claim has been received by the Owner from the Contractor within 395 calendar days following the date of Substantial Performance of the Work. 12.2.3 Subject to any lien legislation applicable to the Place of the Work, as of the fifth calendar day before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work, the Owner waives and releases the Contractor from all claims which the Owner has or reasonably ought to have knowledge of that could be advanced by the Owner against the Contractor arising from the Owner's involvement in the Work, including, without limitation, those arising from negligence or breach of contract in respect to which the cause of action is based upon acts or omissions which occurred prior to or on the date of Substantial Performance of the Work; except as follows: 1 claims arising prior to or on the date of Substantial Performance of the Work for which Notice in Writing of claim has been received by the Contractor from the Owner no later than the sixth calendar day before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work; .2 indemnification for claims advanced against the Owner by third parties for which a right of indemnification may be asserted by the Owner against the Contractor pursuant to the provisions of this Contract; .3 claims for which a right of indemnity could be asserted by the Owner against the Contractor pursuant to the provisions of paragraph 12.1.4 of GC 12.1 - INDEMNIFICATION; .4 damages arising from the Contractor's actions which result in substantial defects or deficiencies in the Work. "Substantial defects or deficiencies" mean those defects or deficiencies in the Work which affect the Work to such an extent or in such a manner that a significant part or the whole of the Work is unfit for the purpose intended by the Contract Documents; .5 claims arising pursuant to GC 12.3 - WARRANTY; and .6 claims arising from acts or omissions which occur after the date of Substantial Performance of the Work. 12.2.4 The Owner waives and releases the Contractor from all claims referred to in paragraph 12.2.3.4 except claims for which Notice in Whiting of claim has been received by the Contractor from the Owner within a period of six years from the date of Substantial Performance of the Work should any limitation statute of the Province or Territory of the Place of the Work permit such agreement. If the applicable limitation statute does not permit such agreement, within such shorter period as may be prescribed by: 1 any limitation statute of the Province or Territory of the Place of the Work; or .2 if the Place of the Work is the Province of Quebec, then Article 2118 of the Civil Code of Quebec. 12.2.5 The Owner waives and releases the Contractor from all claims referenced in paragraph 12.2.3.6 except for those referred in paragraph 12.2.3.2, 12.2.3.3 and those arising under GC 12.3 — WARRANTY and claims for which Notice in Writing has been received by the Contractor from the Owner within 395 calendar days following the date of Substantial Performance of the Work. 12.2.6 "Notice in Writing of claim" as provided for in GC 12.2 — WAIVER OF CLAIMS to preserve a claim or right of action which would otherwise, by the provisions of GC 12.2 — WAIVER OF CLAIMS, be deemed to be waived, must include the following: .1 a clear and unequivocal statement of the intention to claim; .2 a statement as to the nature of the claim and the grounds upon which the claim is based; and .3 a statement of the estimated quantum of the claim. 12.2.7 The party giving "Notice in Writing of claim" as provided for in GC 12.2 — WAIVER OF CLAIMS shall submit within a reasonable time a detailed account of the amount claimed. CCDC 2 — 2008 File 007213 29 Note: This contract is protected by copyright. Use ofa CCDC 2 document not containing a CCDC 2 copyright seat constitutes an infringement ofcopyright Only sign this contract if the document cover page bear a CCDC 2 copyright seal to demonstrate that it is intended by the parties to bean accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Page 274 of 277 15b) - Being a By -Law to Authorize the Execution of an Agree... 12.2.8 Where the event or series of events giving rise to a claim made under paragraphs 12.2.1 or 12.2.3 has a continuing effect, the detailed account submitted under paragraph 12.2.7 shall be considered to be an interim account and the party making the claim shall submit further interim accounts, at reasonable intervals, giving the accumulated amount of the claim and any further grounds upon which it is based. The party making the claim shall submit a final account after the end of the effects resulting from the event or series of events. 12.2.9 If a Notice in Writing of claim pursuant to paragraph 12.2.1.1 is received on the seventh or sixth calendar day before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work, the period within which Notice in Writing of claim shall be received pursuant to paragraph 12.23.1 shall be extended to two calendar days before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work. 12.2.10 If a Notice in Writing of claim pursuant to paragraph 12.2.3.1 is received on the seventh or sixth calendar day before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work, the period within which Notice in Writing of claim shall be received pursuant to paragraph12.2.1.1 shall be extended to two calendar days before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work. GC 12.3 WARRANTY 12.3.1 Except for extended warranties as described in paragraph 12.3.6, the warranty period under the Contract is one year from the date of Substantial Performance of the Work. 12.3.2 The Contractor shall be responsible for the proper performance of the Work to the extent that the design and Contract Documents permit such performance. 12.3.3 The Owner, through the Consultant, shall promptly give the Contractor Notice in Writing of observed defects and deficiencies which occur during the one year warranty period. 12.3.4 Subject to paragraph 12.3.2, the Contractor shall confect promptly, at the Contractor's expense, defects or deficiencies in the Work which appear prior to and during the one year warranty period. 12.3.5 The Contractor shall correct or pay for damage resulting from corrections made raider the requirements of paragraph 12.3.4. 12.3.6 Any extended warranties required beyond the one year warranty period as described in paragraph 12.3.1, shall be as specified in the Contract Documents. Extended warranties shall be issued by the warrantor to the benefit of the Owner. The Contractor's responsibility with respect to extended warranties shall be limited to obtaining any such extended warranties from the warrantor. The obligations under such extended warranties are solely the responsibilities of the warrantor. CCDC 2 — 2008 File 007213 30 Note: This contract is protected by copyright. Use ofa CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 2 — 2008 except to the extent that any alterations, additions or moderations are setforth in supplementary conditions. Page 275 of 277 15b) - Being a By -Law to Authorize the Execution of an Agree... 75 Albert Street Suite 400 Ottawa, Ont. K1 P 5E7 Tel: (613) 236 -9455 Fax: (613) 236 -9526 CCDC 41 info @ccdc.org CCDC INSURANCE REQUIREMENTS PUBLICATION DATE: JANUARY 21, 2008 1. General liability insurance shall be with limits of not less than $5,000,000 per occurrence, an aggregate limit of not less than $5,000,000 within any policy year with respect to completed operations, and a deductible not exceeding $5,000. The insurance coverage shall not be less than the insurance provided by IBC Form 2100 (including an extension for a standard provincial and territorial form of non -owned automobile liability policy) and IBC Form 2320. To achieve the desired limit, umbrella or excess liability insurance may be used. Subject to satisfactory proof of financial capability by the Contractor, the Owner may agree to increase the deductible amounts. Page 276 of 277 2. Automobile liability insurance in respect of vehicles that are required by law to be insured under a contract by a Motor Vehicle Liability Policy, shall have limits of not less than $5,000,000 inclusive per occurrence for bodily injury, death and damage to property, covering all vehicles owned or leased by the Contractor. Where the policy has been issued pursuant to a government- operated automobile insurance system, the Contractor shall provide the Owner with confirmation of automobile insurance coverage for all automobiles registered in the name of the Contractor. 3. Aircraft and watercraft liability insurance with respect to owned or non -owned aircraft and watercraft (if used directly or indirectly in the performance of the Work), including use of additional premises, shall have limits of not less than $5,000,000 inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof and limits of not less than $5,000,000 for aircraft passenger hazard. Such insurance shall be in a form acceptable to the Owner. 4. "Broad form" property insurance shall have limits of not less than the sum of 1.1 times Contract Price and the full value, as stated in the Contract, of Products and design services that are specified to be provided by the Owner for incorporation into the Work, with a deductible not exceeding $5,000. The insurance coverage shall not be less than the insurance provided by IBC Forms 4042 and 4047 (excluding flood and earthquake) or their equivalent replacement. Subject to satisfactory Association proof of financial capability by the Contractor, the Owner may agree to increase the deductible of Canadian amounts. Engineering Companies 5. Boiler and machinery insurance shall have limits of not less than the replacement value of the permanent or temporary boilers and pressure vessels, and other insurable objects forming part of the Work. The insurance coverage shall not be less than the insurance provided by a comprehensive boiler and machinery policy. Canadian 6. "Broad form" contractors' equipment insurance coverage covering Construction Equipment used by Construction the Contractor for the performance of the Work, shall be in a form acceptable to the Owner and shall Association not allow subrogation claims by the insurer against the Owner. Subject to satisfactory proof of financial capability by the Contractor for self - insurance, the Owner may agree to waive the equipment insurance requirement. Construction 7. Standard Exclusions Specifications Canada 7.1 In addition to the broad form property exclusions identified in IBC forms 4042(1995), and 4047(2000), the Contractor is not required to provide the following insurance coverage: • Asbestos ® Cyber Risk The Royal ® Mould Architectural • Terrorism Institute of Canada Page 276 of 277 18a) - Being a By -Law to Confirm the Proceedings of the Coun... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2012 -113 Being a By -Law to Confirm the Proceedings of the Council Meeting held on Wednesday, June 6, 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, June 6, 2012, and in respect to each Motion, Resolution and other actions passed and taken by the Council at its said Meeting is, except where prior approval of the Ontario Municipal Board is required, hereby adopted, ratified and confirmed. 2. That the Mayor and the proper Officials of the Township are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary on behalf of the Council of the Corporation of the Township of Oro - Medonte. 3. That the Mayor /Chair and Clerk /Designate are hereby authorized and directed to execute and affix the corporate seal to all necessary documents. 4. And That this by -law shall come into force and take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 6T" DAY OF JUNE, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 277 of 277