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05 23 2012 Council AgendaTHE TOWNSHIP OF OROMEDONTE COUNCIL MEETING AGENDA COUNCIL CHAMBERS Wednesday, May 23, 2012 6:00 p.m. Closed Session 7:00 p.m. Open Session  Page 1.CALL TO ORDER - PRIVATE PRAYER/MOMENT OF REFLECTION: 2.ADOPTION OF AGENDA: a)Motion to Adopt the Agenda. 3.DISCLOSURE OF PECUNIARY INTEREST: 4.CLOSED SESSION ITEMS: a)Motion to go In Closed Session. b)Motion to Rise and Report. d) e)Doug Irwin, Director of Corporate Services/Clerk, re: Personal m Doug Irwin, Director of Corporate Services/Clerk, re: Acquisitio g)Doug Irwin, Director of Corporate Services/Clerk re: Acquisition 5.IDENTIFICATION FROM THE PUBLIC OF AN AGENDA ITEM OF INTEREST: 6.MINUTES OF COUNCIL AND COMMITTEES: 7-25 a) 26-31 b) 7.RECOGNITION OF ACHIEVEMENTS: 32 a)Correspondence dated May 1, 2012 from the Simcoe County Federati 33 b)Simcoe County Road Supervisors Association Truck Safety Roadeo 2– Medonte Drivers. Page 1 of 321 Page 7.RECOGNITION OF ACHIEVEMENTS: 34-35 Ontario Parks Association, re: Successful completion of Parks Eq 8.PUBLIC MEETINGS: 9.DEPUTATIONS: 10.REPORTS OF MUNICIPAL OFFICERS: 36-52 a)Report No. DS2012028, Andria Leigh, Director of Development Services, law Amendment Application 2009ZBA05 (APT 28938 & Parts 1 and 2, Plan 51R33292, 2981 & 3003 Ridge Road West 53-58 b)Report No. DS2012031, Andria Leigh, Director of Development Services, re: Site Plan Agreements (Democrat Maplewood Limited) 2012SPA14, Lot 6, Plan 51M957, 12 Diamond Valley Drive, and 2012SPA15, Lot 3, Plan 51M 59-62 Report No. DS2012032,  Andria Leigh, Director of Development Services, re: –Request to temporarily reside in a trailer, Lot 85, Plan Medonte, 2307 Lakeshore Road East [Refer to 63-67 d)Report No. DS2012033, Andria Leigh, Director of Development Services, re: Site Plan Agreement (Gawn), 2010SPA01, Lot 1, Plan 51M881, 1 Warbler 4346030012 68-71 e)Report No. TES2012 Line 6 N – 72-83 Report No. RC2012 Services, re: Administration Office HVAC Tender. 84-87 g)Report No. FD2012 Day Snowbirds. 88-94 Report No. FD2012 95-101 i)Report No. CS201217, Doug Irwin, Director of Corporate Services/Clerk, re: Alcohol and Gaming Commission of Ontario (AGCO) Lottery Licensin Policies re: Orillia Fish and Game Conservation Club, 50/50 Draw Page 2 of 321 Page 11.REPORTS OF MEMBERS OF COUNCIL: 102 a) 103-104 b) 105 106 d)Councillor Crawford, re: CFB Borden Air Show. 12.CONSENT AGENDA: 107-109 a) Singer l l l 110-113 b)Minutes of the Barrie Public Library Board meeting held on Febru 114-121 March 23, 2012 and highlights of meeting held on April 27, 2012. 122-180 d)Correspondence dated May 7, 2012 from Gayle Wood, CAO, Lake Simc Region Conservation Authority, re: 2012 Lake Simcoe Region Conse Budget and Municipal Levies. 181-184 e) 2012. 185-204 205-207 g)Correspondence dated May 4, 2012 from John Stager, Chief Drinkin of Accreditation Bodies under the Municipal Drinking Water Licen Program. 208-216 Correspondence dated May 8, 2012 from Bruce Stanton, MP, Simcoe Warning and Climate Change. 217-226 i)Correspondence dated May 15, 2012 from the Ontario Municipal Boa Appeal 2011A18, Zahra Assadian, 1753 Ridge Road West. Page 3 of 321 Page 12.CONSENT AGENDA: 13.COMMUNICATIONS: 227 a) 228-232 b)24th Annual George Richardson Conservation Gala, Lake Simcoe   Riviera Parque Dining, Banquet & 233 Coldwater and District 234 d)Correspondence dated May 4, 2012 from Bev Steele, Midland 235-236 e)Correspondence dated May 10, 2012 from Barbara Kane, Township Cl – 237 Correspondence dated May 15, 2012 from Dianne Mawdsley, OroMedonte May 25 and 26, 2012. 238-239 g)Correspondence dated May 16, 2012 from Michelle Cutts, Rudy & As Lands, Ridgewood Court. 240-243 Correspondence received May 7, 2012 from Ken and Janice Brennan, Sign By 14.NOTICE OF MOTIONS: 15.BY-LAWS: 244-255 a)Law No. 2012095A By Medonte and Democrat Maplewood Limited described as lands as follows: Lot 3, Plan 51M957, as in PIN 585330227 LT 6 Diamond Valley Drive ROLL # 4346010003 256-267 b)Law No. 2012096A By Medonte and Democrat Maplewood Limited described as lands as follows: Page 4 of 321 Page 15.BY-LAWS: Lot 6, Plan 51M957, as in PIN 585330230 LT 12 Diamond Valley Drive ROLL # 4346010003 OF SIMCOE. 268-269 Law No. 2012097A By described as follows: Lot 3, Plan 51M957 6 County of Simcoe Roll # 434601000326503. 270-271 d)Law No. 2012098A By described as follows: Lot 6, Plan 51M957 12 County of Simcoe Roll # 434601000326506. 272-274 e)Law No. 2012099Being A By 275-279 Law No. 2012100A By 280-284 g)Law No. 2012101A By Orillia Public Library Board For a Term of One Year And to Repeal Bylaw No. 2011078. 285-286 Law No. 2012102Being a By Medonte and the Barrie Public Library Board for a Term of Law No. 2011079. 287-288 i)Law No. 2012103A By Midland Public Library Board for a Term of One law No. 2011080. 289-290 Law No. 2012104A By Coldwater Public Library Board For a Term of One law No. 2011081. 291-293 Law No. 2012106A By described as follows: Parts 3, 4, and 6, Plan 51R 28938, and Part 1, Plan 51R33292, 3003 Ridge Road West, and Part 2, Plan 51R33292, 2981 Ridge Road West Township of Oro County of Simcoe Roll # 434601000707000 and 434601000707020. Page 5 of 321 Page 15.BY-LAWS: 294 Law No. 2012107A Bylaw 2010201, Being a By 295-307 Law No. 2012108A By Medonte and 1340006 Ontario Ltd. described as lands as follows: Lot 1, Plan 51M 881, as in 585680051 LT ROLL # 4346030012 MEDONTE, 308-309 Law No. 2012109A By described as follows: Lot 1, Plan 51M881, 4346030012 310-320 o)Law No. 2012110A By Medonte and Bowman Builder Ltd. Roll # 434601000327595 Block 86, Plan 51M 16.QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM: 17.CLOSED SESSION ITEMS (UNFINISHED ITEMS): 18.CONFIRMATION BY-LAW: 321 a)Law No. 2012105Being a ByLaw to Confirm the Proceedings of the 2012. 19.ADJOURNMENT: a) Page 6 of 321 6a) THE TOOWNSHIPOF ORO-MMEDONTE REGULAR COUNCIIL MEETINNG MINUTEES CouncilChamberss Wednessday, May 9, 2012TIMME: 6:04 p..m. 2010 - 014 COUCIL 22NN Presentt: MayorH.S. Hughees Deputyy Mayor Ralph Hough Counciillor Mel Cooutanche Counciillor Kelly MMeyer Councllor Marty ancaster iiLL Councllor John rawford iiCC Councllor Dwigh Evans iitt Staff RobinDDunn, Chieef Administrrative Officeer; Doug Irwwin, Directoor of Presentt: Corporrate Servicees/Clerk; Anndria Leighh, Director oof Developmment Servicees; Jerry Baall, Directorr of Transpoortation andd Environmmental Servicees; Hugh MMurray, Actinng Fire Chief; Tamaraa Obee, Manager Heallth & Safety, Human Resource; Janette eeter, Deputy Clerk ssTT Also Retaegelink, Hnry Regelnk, Camern Sellers, Sue-EllenBoyes, Klus RReeiiooaa Presentt: Kuch,SSheila Craig, Urs Buecchin, Eric BBuechin,Annn Budge, SSue Roehner, AndyBBuechin, Jerry Cunninggham, Lindda Brookes,, Ugo Giammmarco, E. Berowsski, B. Mascioli, P. Muulvihill, Ann Truyens 1.CALL TO ORDER - PRIVAATE PRAYYER/MOMEENT OF REEFLECTIONN: MayorHH.S. Hughess assumed the Chair aand called tthe meetingg to order foollowed by a privatepprayer/momment of refleection. 119 Pageoof Page 7 of 321 6a) Council Meeting Minutes – May 9, 2012. 2.ADOPTION OF AGENDA: a) Motion to Adopt the Agenda. Motion No. C120509-1 Moved by Meyer, Seconded by Coutanche Be it resolved that the agenda for the Council meeting of Wednesday, May 9, 2012 be received and adopted, as amended to withdraw Item 13d), correspondence dated May 1, 2012 from Michelle Cutts, Planner, Rudy & Associates Ltd. re: File No. 43-OM-20001, Horseshoe Valley Lands, Ridgewood Court, Request for Clearing and Earthworks. Carried. 3.DISCLOSURE OF PECUNIARY INTEREST: None declared. 4.CLOSED SESSION ITEMS: a) Motion to go In Closed Session. Motion No. C120509-2 Moved by Lancaster, Seconded by Crawford Be it resolved that we do now go in Closed Session at 6:05 p.m. to discuss • litigation affecting the municipality; • personal matter affecting an identifiable individual. Carried. b) Motion to Rise and Report. Motion No. C120509-3 Moved by Coutanche, Seconded by Meyer Be it resolved that we do now Rise at 6:44 p.m. and Recess until 7:00 p.m. at which time we shall Report on the Closed Session Items 4: c) Andria Leigh, Director of Development Services re: Litigation affecting the Municipality (OMB Hearing – By-law 2011-164). d) Robin Dunn, Chief Administrative Officer, re: Personal matters about an identifiable individual (Staffing Update). Carried. 219 Page of Page 8 of 321 6a) Council Meeting Minutes – May 9, 2012. c) Andria Leigh, Director of Development Services re: Litigation affecting the Municipality (OMB Hearing – By-law 2011-164). The following staff were present: Robin Dunn, Chief Administrative Officer; Doug Irwin, Director of Corporate Services/Clerk; Andria Leigh, Director of Development Services; Tamara Obee, Manager, Health & Safety, Human Resources. Motion No. C120509-4 Moved by Crawford, Seconded by Lancaster Be it resolved that the confidential correspondence dated May 9, 2012 and presented by Andria Leigh, Director of Development Services re: Litigation affecting the Municipality (OMB Hearing – By-law 2011-164) be received and that staff proceed as outlined. Carried. d) Robin Dunn, Chief Administrative Officer, 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; Andria Leigh, Director of Development Services; Jerry Ball, Director of Transportation and Environmental Services; Tamara Obee, Manager, Health & Safety, Human Resources. Motion No. C120509-5 Moved by Meyer, Seconded by Coutanche Be it resolved that the confidential verbal information presented by Robin Dunn, Chief Administrative Officer, re: Personal matters about an identifiable individual (Staffing Update) be received. Carried. 5.IDENTIFICATION FROM THE PUBLIC OF AN AGENDA ITEM OF INTEREST: 319 Page of Page 9 of 321 6a) Council Meeting Minutes – May 9, 2012. 6.MINUTES OF COUNCIL AND COMMITTEES: a) Minutes of Council meeting held on April 25, 2012. Motion No. C120509-6 Moved by Lancaster, Seconded by Evans Be it resolved that the draft minutes of the Council meeting held on Wednesday, April 25, 2012 be adopted as printed and circulated. Carried. b) Minutes of Special Council meeting held on April 30, 2012. Motion No. C120509-7 Moved by Coutanche, Seconded by Meyer Be it resolved that the draft minutes of the Special Council meeting held on April 30, 2012 be adopted as printed and circulated. Carried. c) Minutes of Public Meeting held on April 30, 2012 re: Proposed Amendment to the Zoning By-Law and Draft Plan of Condominium, 2011-ZBA-14, 2011-SUB-03, Part of Lot 1, Concession 4 located south of and fronting onto Horseshoe Valley Road West between Line 3 North and Line 4 North (Oro), Township of Oro-Medonte (Skyline Horseshoe Resort Inc.). Motion No. C120509-8 Moved by Lancaster, Seconded by Crawford Be it resolved that the draft minutes of the Public Meeting held on April 30, 2012 re: Proposed Amendment to the Zoning By-Law and Draft Plan of Condominium, 2011- ZBA-14, 2011-SUB-03, Part of Lot 1, Concession 4 located south of and fronting onto Horseshoe Valley Road West between Line 3 North and Line 4 North (Oro), Township of Oro-Medonte (Skyline Horseshoe Resort Inc.) be received and adopted. Carried. 419 Page of Page 10 of 321 6a) Council Meeting Minutes – May 9, 2012. d) Minutes of the Oro-Medonte History Association meeting held on March 13, 2012. Motion No. C120509-9 Moved by Meyer, Seconded by Coutanche Be it resolved that the minutes of the Oro-Medonte History Association meeting held on March 13, 2012 be received. Carried. 7.RECOGNITION OF ACHIEVEMENTS: None. 8.PUBLIC MEETINGS: a) Proposed Amendment to the Official Plan and Zoning By-Law, Part of Lot 20, Concession 11, 2011-OPA-05/2011-ZBA-17 (Heidi's RV Campground). Deputy Mayor Hough called the meeting to order at 7:04 p.m. and explained the public meeting has been called under the authority of the Planning Act, Sections 34 and 51, R.S.O. 1990 c. P.13, to obtain public comment with respect to proposed Amendments to the Official Plan, Application 2011-OPA-05, and Zoning By-law, Application 2011-ZBA- 17 (Heidi’s RV Campground), Part of Lot 20, Concession 11, Township of Oro-Medonte. Notice of the Public Meeting was mailed to landowners within 120m (400 feet) of the specified site on April 19, 2012 and two signs posted on the subject property on April 19, 2012. The following correspondence was received at the meeting: Lake Simcoe Region Conservation Authority dated February 13, 2012; Simcoe County District School Board dated April 23, 2012; Ministry of Transportation dated January 6, 2012; County of Simcoe dated May 8, 2012. Andria Leigh, Director of Development Services, explained the purpose and effect of the proposed amendments. A PowerPoint presentation was presented. Cameron Sellers, Innovative Planning Solutions, on behalf of the applicant, provided an overview. A PowerPoint presentation was presented. The following public persons offered verbal comments with respect to the proposed amendments: None. 519 Page of Page 11 of 321 6a) Council Meeting Minutes – May 9, 2012. Deputy Mayor Hough advised that written submissions will be received at the Township office until May 22, 2012 and that no additional deputations to Council will be permitted with respect to the proposed amendments. A digital recording of the meeting is available for review through the Township’s website. There being no further comments or questions, the meeting adjourned at 7:25 p.m. 9.DEPUTATIONS: a) Sue-Ellen Boyes, Director of Development and Marketing, MacLarenArtCentre re: Application for Grant/Subsidy. Correspondence was distributed to members of Council and staff. A PowerPoint presentation was presented. Motion No. C120509-10 Moved by Crawford, Seconded by Lancaster Be it resolved 1. That the information presented by Sue-Ellen Boyes, Director of Development and Marketing, MacLarenArtCentre re: Application for Grant/Subsidy be received. 2. And That the request for a grant for the MacLarenArtCentre be referred to the Recreation Technical Support Group for consideration and recommendation to Council. Carried. 619 Page of Page 12 of 321 6a) Council Meeting Minutes – May 9, 2012. 10.REPORTS OF MUNICIPAL OFFICERS: a) Report No. FI2012-12, Paul Gravelle, Director of Finance/Treasurer/Deputy CAO re: Statement of Accounts - April 30, 2012. Motion No. C120509-11 Moved by Coutanche, Seconded by Meyer Be it resolved 1. That Report No. FI 2012-12, Paul Gravelle, Director of Finance/Treasurer/Deputy CAO re: Statement of Accounts - April 30, 2012 be received for information only. 2. And That the accounts for the month of April 2012 totalling $1,477,878.30 be received. Carried. b) Report No. TES2012-11, Jerry Ball, Director of Transportation and Environmental Services re: Water System Upgrades in Warminster. Motion No. C120509-12 Moved by Evans, Seconded by Lancaster Be it resolved 1. That Report No. TES2012-11, Jerry Ball, Director of Transportation and Environmental Services re: Water System Upgrades in Warminster be received and adopted. 2. That the Township of Oro-Medonte enters into an agreement with the Developers of Isabella Estates, Meadow Acres and Homire Subdivisions for the funding of the reservoir upgrade in Warminster. 3. That the Township front-end to a maximum amount of $200,000.00 to be recouped through additional development, including Rix and Teskey within the Warminster settlement area. 4. That the appropriate by-law be brought forward for Council’s consideration. 5. And That all affected Developers be notified of Council’s decision under the Director of Transportation and Environmental Services’ signature. Carried. 719 Page of Page 13 of 321 6a) Council Meeting Minutes – May 9, 2012. c) Report No. RC2012-09, Shawn Binns, Director of Recreation and Community Services and Hugh Murray, Acting Fire Chief re: Orillia Canada Day Committee Grant Request [Refer to Item 13a)]. Motion No. C120509-13 Moved by Coutanche, Seconded by Meyer Be it resolved that Report No. RC2012-09, Shawn Binns, Director of Recreation and Community Services and Hugh Murray, Acting Fire Chief re: Orilli Committee Grant Request be received and considered in conjunction with Item 13a) Grant Application from Michael Gordon, Orillia Canada Day Committee, re: Orillia Canada Day Weekend Celebration - June 30 and July 1, 2012. Carried. d) Report No. DS2012-29, Andria Leigh, Director of Development Services re: Zoning By- law Amendment 2008-ZBA-14 (Lake Simcoe Aeropark Inc.), West Half of Lots 18 and 19, Concession 8 (Oro) [Refer to Item 15a)]. Motion No. C120509-14 Moved by Lancaster, Seconded by Crawford Be it resolved 1. That Report No. DS 2012-029, Andria Leigh, Director of Development Services re: Zoning By-law Amendment Application 2008-ZBA-14 (Lake Simcoe Aeropark Inc.), Part of the West Half of Lots 18 and 19, Concession 8 (Oro), Township of Oro- Medonte, be received and adopted. 2. That Zoning By-law Amendment Application 2008-ZBA-14 for Lake Simcoe Aeropark Inc., to rezone a portion of the lands described as Part of the West Half of Lots 18 and 19, Concession 8 on Schedule A-10 from the Agricultural/Rural (A/RU) Zone to the Economic Development Exception 214 (ED*214) and the Environmental Protection Exception 215 (EP*215) Zone be approved. 3. That the appropriate by-law be brought forward for Council’s consideration. 4. And That the applicant be notified of Council’s decision under the Director of Development Services’ signature. Carried. 819 Page of Page 14 of 321 6a) Council Meeting Minutes – May 9, 2012. e) Report No. DS2012-30, Andria Leigh, Director of Development Services re: Certificate of Substantial Completion and Acceptance (Municipal Underground Services) for Diamond Valley Estates (2008628 Ontario Ltd.), Registered Plan M-957 [Refer to Item 15f)]. Motion No. C120509-15 Moved by Meyer, Seconded by Coutanche Be it resolved 1. That Report No. DS2012-30, Andria Leigh, Director of Development Services re: Certificate of Substantial Completion and Acceptance (Municipal Underground Services) for Diamond Valley Estates (2008628 Ontario Ltd.), Reg 957 be received and adopted. 2. That the Township issue the Certificate of Substantial Completion and Acceptance (Municipal Underground Services) for Diamond Valley Estates for 2008628 Ontario Ltd. dated May 3, 2012, Registered Plan 51M-957. 3. That the appropriate by-law be brought forward for Council’s consideration. 4. And That the Developer be notified of Council’s decision under the Director of Development Services’ signature. Carried. f) Report No. CS2012-16, Doug Irwin, Director of Corporate Services/Clerk re: 911 Public Emergency Reporting Service (PERS) Agreement [Refer to Item 15e)]. Motion No. C120509-16 Moved by Crawford, Seconded by Lancaster Be it resolved 1. That Report No. CS2012-16, Doug Irwin, Director of Corporate Services/Clerk re: 911 Public Emergency Reporting Service (PERS) Agreement be received and adopted. 2. That the Mayor and Clerk be authorized to execute the 911 Public Emergency Reporting Service (PERS) Agreement with Bell Canada. 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 Corporate Services/Clerk's signature. Carried. 919 Page of Page 15 of 321 6a) Council Meeting Minutes – May 9, 2012. 11.REPORTS OF MEMBERS OF COUNCIL: a) Mayor H.S. Hughes, correspondence dated April 23, 2012 from Oxford County re: Future Landfill Construction or Approval. Motion No. C120509-17 Moved by Coutanche, Seconded by Meyer Be it resolved 1. That the correspondence dated April 23, 2012 from Oxford County and presented by Mayor H.S. Hughes re: Future Landfill Construction or Approval be received. 2. And That Oxford County be notified of Council's decision under the Mayor's signature. Carried. b) Mayor H.S. Hughes, correspondence dated April 19, 2012 from Pamela Martin re: 2012 Orillia Relay for Life, Survivor Event, June 15, 2012, 5:30-6:45 p.m., Odas Park (Agricultural Fairgrounds), Orillia. Motion No. C120509-18 Moved by Evans, Seconded by Lancaster Be it resolved 1. That the correspondence dated April 19, 2012 from Pamela Martin and presented by Mayor H.S. Hughes re: 2012 Orillia Relay for Life, Survivor Even 5:30-6:45 p.m., Odas Park (Agricultural Fairgrounds), Orillia be received. 2. That Mayor H.S. Hughes be authorized to attend. 3. And that the CAO's office RSVP accordingly. Carried. c) Mayor H.S. Hughes, correspondence dated May 4, 2012 re: March 9, 2012 Ice Rescue on Lake Simcoe and Ice Floe Slo-Pitch Tournament, Lions Ball Dia Medonte Community Centre, 71 Line 4 North), Saturday, July 14, 2012. Motion No. C120509-19 Moved by Coutanche, Seconded by Meyer Be it resolved that the correspondence dated May 4, 2012 and presented by Mayor H.S. Hughes re: March 9, 2012 Ice Rescue on Lake Simcoe and Ice Floe Tournament, Lions Ball Diamonds (Behind Oro-Medonte Community Centre, 71 Line 4 North), Saturday, July 14, 2012 be received. Carried. 1019 Page of Page 16 of 321 6a) Council Meeting Minutes – May 9, 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; Crime Stoppers, Simcoe-Dufferin-Muskoka, "Identify Theft: At Home and Away" [POSTPONED presentation, May 9, 2012, 7:30 p.m. Zehrs, Bayfield Street N., Barrie INDEFINITELY] . b) Correspondence dated April 17, 2012 from Dalton McGuinty, Premier re: Re-Instatement of Photo Radar. Staff Recommendation: Receive. c) Correspondence dated April 27, 2012 from Chief Sharon Stinson Henry, Chippewas of Rama First Nation re: Common Interest Meeting, April 19, 2012, Invitation to Participate in a Video Message to the OLG. Staff Recommendation: Receive. d) Nottawasaga Valley Conservation Authority, minutes of meeting held on March 23, 2012 and highlights of meeting held on April 27, 2012. Staff Recommendation: Receive. e) Correspondence dated April 29, 2012 from Betty Veitch re: Craighurst Community Hall. Staff Recommendation: Receive. f) Correspondence dated May 2, 2012 from Ontario Municipal Board re: Memorandum of Oral Decision Delivered by James R. McKenzie on April 5, 2012 and Order of the Board, By-Law No. 2009-113. Staff Recommendation: Receive. Motion No. C120509-20 Moved by Evans, Seconded by Crawford Be it resolved that the staff recommendations with respect to the items listed under "Consent Agenda Correspondence" be adopted as printed: a) Announcements of Interest to the Public • Singer-Songwriter Anne Walker - 7:00 p.m., Saturday, May 26, 2012, Coulson Church, Horseshoe Valley Road; • Crime Stoppers, Simcoe-Dufferin-Muskoka, "Identify Theft: At Home and Away" presentation, May 9, 2012, 7:30 p.m. Zehrs, Bayfield Street N., Barrie. [POSTPONED INDEFINITELY] . 1119 Page of Page 17 of 321 6a) Council Meeting Minutes – May 9, 2012. b) Correspondence dated April 17, 2012 from Dalton McGuinty, Pr ReInstatement of Photo Radar. Received. c) Correspondence dated April 27, 2012 from Chief Sharon Stinson Henry, Chippewas of Rama First Nation re: Common Interest Meeting, April 19, 2012, Invitation to Participate in a Video Message to the OLG. Received. d) Nottawasaga Valley Conservation Authority, minutes of meeting held on March 23, 2012 and highlights of meeting held on April 27, 2012. Received. e) Correspondence dated April 29, 2012 from Betty Veitch re: Craighurst Community Hall. Received. f) Correspondence dated May 2, 2012 from Ontario Municipal Board re: Memorandum of Oral Decision Delivered by James R. McKenzie on April 5, 2012 and Order of the Board, By-Law No. 2009-113. Received. Carried. 13.COMMUNICATIONS: a) Michael Gordon, Orillia Canada Day Committee, re: Orillia Canada Day Weekend Celebration - June 30 and July 1, 2012. Motion No. C120509-21 Moved by Coutanche, Seconded by Meyer Be it resolved 1. That the grant application from Michael Gordon, Orillia Canada Day Committee, re: Orillia Canada Day Weekend Celebration - June 30 and July 1, 201 2. That the request for $1,000 for the Orillia Canada Day Weekend Celebration - June 30 and July 1, 2012 be denied. 3. That, in lieu of the grant, the Acting Fire Chief liaise with the City of Orillia's Fire Chief; the Orillia Canada Day Committee; and the Lake Simcoe Regional Airport with respect to the Township's Fire & Emergency Services Department's in-kind contribution for the Celebration. 4. And That the applicant be advised of Council's decision under the Mayor’s signature. Carried. 1219 Page of Page 18 of 321 6a) Council Meeting Minutes – May 9, 2012. b) Correspondence dated April 25, 2012 from Linda Brookes re: Request for Exemption from By-Law No. 2011-177, Canine Control By-Law. Council consented to allow Ms. Brookes to speak to the matter. Motion No. C120509-22 Moved by Crawford, Seconded by Evans Be it resolved 1. That the correspondence dated April 25, 2012 from Linda Brookes re: Request for Exemption from By-Law No. 2011-177, Canine Control By-Law be received. 2. That an exemption be granted to Linda Brookes under By-Law 2011-177, Canine Control By-law, to harbour more than 3 dogs without a kennel lic specific conditions: 3. That the six identified dogs are to be licensed pursuant to the Canine Control By-Law at all times. 4. That Ms. Brookes be advised that the exemption is specific to her current address and the six dogs identified in her April 25, 2012 correspondence. 5. That the maximum number of dogs shall decline as the identified dogs cease to reside at the residence either through relocation or passing of the dogs. 6. That should the owners of the dogs contravene any section of the Canine Control By-Law, this exemption be withdrawn immediately. 7. And That Ms. Brookes be advised of Council’s decision under the Director of Corporate Services/Clerk's signature. Carried. c) Correspondence dated April 25, 2012 from Michael Drumm, Airport Manager, Lake Simcoe Regional Airport re: Commercial Development Strategy and Land Use Plan. Motion No. C120509-23 Moved by Coutanche, Seconded by Meyer Be it resolved 1. That the correspondence dated April 25, 2012 from Michael Drumm, Airport Manager, Lake Simcoe Regional Airport re: Commercial Development Strategy and Land Use Plan be received. 2. That the Council of the Township of Oro-Medonte endorses Lake Simcoe Regional Airport's Motion No. 2012-ABOD-07 as follows: "The Shareholders of the LSRA amend the Lake Simcoe Regional Airport Agreement dated May 13, 2010 by deleting clause Section 5.11 and replacing it with the following: 1319 Page of Page 19 of 321 6a) Council Meeting Minutes – May 9, 2012. In the interest of generating revenue, the Corporation may enter into leases with respect to any portion of the Airport lands without the consent of the Shareholders as follows: A) The City of Barrie, as registered owner of the Airport lands, in trust, has delegated to its Mayor and City Clerk the authority to enter into leases for "airport related" purposes of the Airport lands on the recommendation of the Board of the Corporation. The Corporation shall send to the City Clerk of Barrie: (a) a copy of the Board's resolution recommending execution of such lease(s); and (b) a copy of such lease(s), so that the City Clerk may arrange for execution of such lease(s). A copy of this material shall concurrently be provided to the Clerk of Oro-Medonte by the Board for information purposes. B) The Corporation is authorized to enter into leases for non "airport related" purposes, for a period not to exceed twenty-one (21) years less one (1) day. The Parties agree that the proceeds from any such lease shall remain with the Corporation to be applied against the annual operating, maintenance and improvement costs of the Corporation. Such lease proceeds will be accounted for in the annual budget. The Board shall report to its Shareholders within 45 days of entering into a lease with details of the completed transaction. "Airport Related" means (i) all flight operations, and users of flight operations, at the Airport and (ii) all services that are located at or near the Airport that have as their primary business purpose, the provision of those services for Airport purposes. Notwithstanding the definition of "Airport Related", the Board of Directors of the Corporation shall determine, on a case by case basis, whether an actual service or proposed service, is "Airport Related"." 3. That the Clerk bring forward the appropriate by-law upon written confirmation from the City of Barrie to amend the LSRA Agreement. 4. And That the Lake Simcoe Regional Airport and the City of Barrie be advised of Council's decision under the Director of Corporate Services/Clerk's signature. Carried. 1419 Page of Page 20 of 321 6a) Council Meeting Minutes – May 9, 2012. d) Correspondence dated May 1, 2012 from Michelle Cutts, Planner, Rudy & Associates Ltd. re: File No. 43-OM-20001, Horseshoe Valley Lands, Ridgewood Court, Request for Clearing and Earthworks. This item was withdrawn. e) Correspondence dated April 23, 2012 from Gerry Murphy, Fund Development Committee Chair, Habitat for Humanity, Orillia/Lake Country re: 8th Annual "Homes for Habitat" Golf Tournament, Thursday, June 14, 2012, Horseshoe Resort Highlands Course. Motion No. C120509-24 Moved by Meyer, Seconded by Coutanche Be it resolved 1. That the correspondence dated April 23, 2012 from Gerry Murphy, Fund Development Committee Chair, Habitat for Humanity, Orillia/Lake Country re: 8th Annual "Homes for Habitat" Golf Tournament, Thursday, June 14, 2012, Horseshoe Resort Highlands Course be received. 2. And That the Township provide a donation for the Prize Table. Carried. f) Correspondence dated April 24, 2012 from County of Simcoe, Media Release re: New County Waste Collection Contract to Save Millions. Motion No. C120509-25 Moved by Evans, Seconded by Lancaster Be it resolved that the correspondence dated April 24, 2012 from County of Simcoe, Media Release re: New County Waste Collection Contract to Save Millions be received. Carried. 1519 Page of Page 21 of 321 6a) Council Meeting Minutes – May 9, 2012. g) Correspondence dated April 24, 2012 from Cal Patterson, Warden, County of Simcoe re: Request to Proclaim May 27-June 2, 2012, "National Access Awareness Week". Motion No. C120509-26 Moved by Meyer, Seconded by Coutanche Be it resolved 1. That the correspondence dated April 24, 2012 from Cal Patterson, Warden, County of Simcoe re: Request to Proclaim May 27-June 2, 2012, "National Access Awareness Week" be received. 2. That an exemption to the Township's Proclamation Policy POL-ADM-03 be granted to proclaim May 27-June 2, 2012 "National Access Awareness Week" 3. That the applicable proclamation be posted on the Township's website. 4. And That the County of Simcoe and the Township's Accessibility Advisory Committee be advised of Council's decision under the Mayor's signature. Carried. h) Correspondence dated May 2, 2012 from Barbara Hall, Chief Commissioner, Ontario Human Rights Commission re: Request for Proclamation, June 11-15, 2012, Ontario Human Rights Code Week. Motion No. C120509-27 Moved by Evans, Seconded by Crawford Be it resolved 1. That the correspondence dated May 2, 2012 from Barbara Hall, Chief Commissioner, Ontario Human Rights Commission re: Request for Proclamation, June 11-15, 2012, "Ontario Human Rights Code Week" be received. 2. That an exemption to the Township's Proclamation Policy POL-ADM-03 to proclaim June 11-15, 2012 "Ontario Human Rights Code Week" be granted 3. That the applicable proclamation be posted on the Township's website. 4. And That the applicant be advised of Council's decision by the requested date of May 30, 2012 under the Mayor's signature. Carried. 14.NOTICE OF MOTIONS: None. 1619 Page of Page 22 of 321 6a) Council Meeting Minutes – May 9, 2012. 15.BY-LAWS: a) By-Law No. 2012-087, A By-law to amend the zoning provisions on lands described as follows: Part of the West Half of Lots 18 and 19, Concession 8, Township of Oro- Medonte, County of Simcoe, Roll # 434601000332900 and Roll # 434601000333000. b) By-Law No. 2012-090, Being a By-law to Appoint Municipal Law Enforcement Officers/Provincial Offences Officers And to Repeal By-Law Nos. 2011-063, 2011- 131 and 2011-151. c) By-Law No. 2012-091, A By-law to Prohibit Heavy Truck Traffic On Certain Highways within the Township of Oro-Medonte And to Repeal By-law Nos. 2003- 042, 2004-068, 2005-108 and Township of Medonte By-law No. 1990-14 (No Heavy Truck Routes). d) By-Law No. 2012-092, A By-law to Regulate the Hours of Operation of Pits and Quarries within the Township of Oro-Medonte and to repeal By-Law No. 97-59. e) By-Law No. 2012-093, A By-law to authorize the execution of an agreement between Bell Canada and the Township of Oro-Medonte to provide a 911 Public Emergency Reporting Service (PERS) and to Repeal By-law No. 96-112. f) By-Law No. 2012-094, Being a By-Law to Authorize the Issuance of the Certificate of Substantial Completion and Acceptance (Municipal Underground Services) for Diamond Valley Estates, Plan 51M-957. Motion No. C120509-28 Moved by Coutanche, Seconded by Meyer Be it resolved that the following by-laws: a) By-Law No. 2012-087, A By-law to amend the zoning provisions on lands described as follows: Part of the West Half of Lots 18 and 19, Concession 8, Township of Oro- Medonte, County of Simcoe, Roll # 434601000332900 and Roll # 434601000333000. b) By-Law No. 2012-090, Being a By-law to Appoint Municipal Law Enforcement Officers/Provincial Offences Officers And to Repeal By-Law Nos. 2011-063, 2011- 131 and 2011-151. c) By-Law No. 2012-091, A By-law to Prohibit Heavy Truck Traffic On Certain Highways within the Township of Oro-Medonte And to Repeal By-law Nos. 2003- 042, 2004-068, 2005-108 and Township of Medonte By-law No. 1990-14 (No Heavy Truck Routes). 1719 Page of Page 23 of 321 6a) Council Meeting Minutes – May 9, 2012. d) By-Law No. 2012-092, A By-law to Regulate the Hours of Operation of Pits and Quarries within the Township of Oro-Medonte and to repeal By-Law No. 97-59. e) By-Law No. 2012-093, A By-law to authorize the execution of an agreement between Bell Canada and the Township of Oro-Medonte to provide a 911 Public Emergency Reporting Service (PERS) and to Repeal By-law No. 96-112. f) By-Law No. 2012-094, Being a By-Law to Authorize the Issuance of the Certificate of Substantial Completion and Acceptance (Municipal Underground Services) for Diamond Valley Estates, Plan 51M-957. be read a first, second and third time, passed, be engrossed by sealed by the Mayor. Carried. 16.QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM: 17.CLOSED SESSION ITEMS (UNFINISHED ITEMS): 18.CONFIRMATION BY-LAW: a) By-Law No. 2012-088, Being a By-Law to Confirm the Proceedings of the Council Meeting held on Wednesday, May 9, 2012. Motion No. C120509-29 Moved by Meyer, Seconded by Coutanche Be it resolved that By-Law No. 2012-088, being a by-law to confirm the proceedings of the Council meeting held on Wednesday, May 9, 2012 be read a fir time, passed, be engrossed by the Clerk, signed and sealed by th Carried. 1819 Page of Page 24 of 321 6a) Council Meeting Minutes – May 9, 2012. 19.ADJOURNMENT: a) Motion to Adjourn. Motion No. C120509-30 Moved by Crawford, Seconded by Evans Be it resolved that we do now adjourn at 9:48 p.m. Carried. ____________________________ ____________________________ Mayor, H.S. Hughes Clerk, J. Douglas Irwin 1919 Page of Page 25 of 321 6b) THE TOWNSHIP OF OROO-MEDONTTE COMMITTE OF ADJSTMENT OEEUU MEETING MINUES TT Council Chambbers Thursdaay, May 17, 22012Time: 100:04 a.m. Present:: Scott Macpherson, Vicce-Chair Bruce Chaappell Royy Hastings Allan Johnnson Regrets:: Larry Tupling, Chair Staff preesent: AlanWWiebe, Secrretary Treasuurer/Intermeediate Planneer Marie Brisssette, Commmittee Coorddinator 1.OPENNING OF MEETING: Scott Maacpherson asssumed the Chair and called the meeeting to ordder. a)Appoointment of CChair. MotionNNo. CA1205517-1 Moved by Chappell, Secondedbby Johnson It is recommended thhat the appoointment of thhe Chair in aaccordancewith Sectionn 6.0 of the Committeee of Adjustment Proceddural By-Laww No. 2011-0013 for the 22012 term be deferred too the June 21, 2012 meeting of Commmittee of Adjuustment. DDefeated. MotionNNo. CA1205517-2 Moved by Hastings, Secondedbby Johnson It is recommended by the Commmittee of Adjuustment thatt Scott Macppherson be aappointed ass Chair of the Coommittee of AAdjustmentfor remaindeer of the 20112 Term. Carried. b)Appoointment of VVice Chair. MotionNNo. CA1205517-3 Moved by Johnson, SSeconded by Macpherson It is recommended by the Commmittee of Adjuustment thatt Roy Hastings be appointed as Vicee Chair for the Committee off Adjustmentt for the remainder of thee 2012 Termm. Carried. 16 Pagge of Page 26 of 321 6b) Committee of Adjustment Meeting Minutes – May 17, 2012. 2.ADOPTION OF THE AGENDA: a) Motion to Adopt the Agenda. Motion No. CA120517-4 Moved by Hastings, Seconded by Johnson It is recommended that the agenda for the Committee of Adjustment meeting held on Thursday, May 17, 2012 be received and adopted. Carried. 3.DISCLOSURE OF PECUNIARY INTEREST: None declared. 4.ADOPTION OF MINUTES: a) Minutes of the Committee of Adjustment meeting held on Thursday, April 19, 2012. Motion No. CA120517-5 Moved by Johnson, Seconded by Hastings It is recommended that the minutes of the Committee of Adjustment meeting of Thursday, April 19, 2012 be adopted as printed and circulated. Carried. 26 Page of Page 27 of 321 6b) Committee of Adjustment Meeting Minutes – May 17, 2012. 5.PUBLIC MEETINGS: a) 2012-A-14 (Robin Patricia Lee) 55 Lakeshore Road East, Lots 3 & 40, Plan 798, RP 51R-37485, Par Relief from minimum required interior side yard (for dwelling), (for private garage), minimum required interior side yard (for p height (for private garage) and maximum floor area (for private Robin Lee, applicant, and Andrew McIntyre, designer, were presen Albert Farrell noted concern over the removal of existing vegeta the vegetative buffer be replaced. Motion No. CA120517-6 Moved by Chappell, Seconded by Hastings It is recommended that the Committee of Adjustment approves Vari 14, specifically, to permit the replacement of an existing attached garage within the minimum required front and interior side yards, subject to the following 1. That, notwithstanding Table B1 of Zoning By-law 97-95, as amended, the single detached dwelling shall otherwise comply with all other applicable provisions of the Zoning By-law; 2. That, notwithstanding Sections 5.1.3 a), 5.1.3 d), 5.1.4, and 5.1.6 of Zoning By-law 97-95, as amended, the detached private garage shall otherwise comply with all other applicable provisions of the Zoning By-law; 3. That an Ontario Land Surveyor provide verification to the To Committee’s decision by 1) pinning the footing and 2) verifying the foundation by way of survey/real property report that: a) The single detached dwelling be located no closer than appro the interior side lot line to the east; b) The detached private garage be located no closer than approximately: i. 5.0 metres from the front lot line; and ii. 1.5 metres from the interior side lot line to the west. c) The detached private garage not exceed approximately: i. 5.0 metres in height above grade; and ii. 90 square metres in “floor area”. 4. That the setbacks for the proposed single detached dwelling, and the setbacks, floor area, and height for the detached private garage, be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Co 5. That a shoreline planting plan be submitted to the satisfaction of the Lake Simcoe Region Conservation Authority; 6. That the applicant obtain any permits and/or approvals requi Region Conservation Authority; and 7. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee’s decision becomes final and binding, a Act R.S.O. 1990, c.P. 13. Carried. 36 Page of Page 28 of 321 6b) Committee of Adjustment Meeting Minutes – May 17, 2012. b) 2012-A-15 (Darryl, Alfred, and Marilyn Simpson) 392/400 Line 9 North, Concession 9, Part Lot 18 Relief to increase in situation of non-compliance and for non-conformity of use of buildings and structures. Darryl and Alfred Simpson, applicants, were present. Motion No. CA120517-7 Moved by Hastings, Seconded by Johnson It is recommended that the Committee of Adjustment defers Variance Application 2012-A- 15. Carried. c) 2012-A-16 (Evelyn Helen Lennox) 1520 Line 1 North, Concession 1, East Part of Lot 24 Request for enlargement of non-complying building, relief from setback from limits of Environmental Protection Zone and setback from water courses (top of bank). Paul and Fred Haughton, agents, were present. Motion No. CA120517-8 Moved by Chappell, Seconded by Johnson It is recommended that he Committee of Adjustment approves Variance Application 2012- A-16, specifically, to permit the construction of an addition to a single detached dwelling 0 metres from the top of bank of a watercourse and the boundary of the Environmental Protection (EP) Zone, subject to the following conditions: 1. That the setbacks for the proposed single detached dwelling be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 2. That the applicant obtain any permits and/or approvals required, from the Nottawasaga Valley Conservation Authority; and 3. That the appropriate zoning certificate(s) and building permit(s) be obtained from the Township only after the Committee’s decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Carried. 46 Page of Page 29 of 321 6b) Committee of Adjustment Meeting Minutes – May 17, 2012. d) 2012-A-17 (Steven Anderson) 256 Lakeshore Road East, Lot 32, Plan 589 Relief from minimum required front yard, minimum required interior side yard (to north), minimum required rear yard and increase in the amount of floor area or volume in a required yard through the replacement and enlargement of a non-complying building. Steve Anderson, applicant, was present. L. Roxborough, neighbour, noted concern over the survey provided by the applicant. Staff noted that anonymous correspondence was received and kept on file and not provided to the Committee as it did not meet the requirements of Section 14.0 of Procedural By-law 2011-013. Motion No. CA120517-9 Moved by Johnson, Seconded by Hastings It is recommended that the Committee of Adjustment approves Variance Application 2012- A-17, specifically, to permit the replacement of a non-complying dwelling in the same footprint and in a manner that increases the amount of floor area and volume occupied by the previous dwelling, subject to the following conditions: 1. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee’s decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report that the single detached dwelling: a) be located no closer than approximately: i. 3.22 metres from the front lot line; ii. 2.68 metres from the interior side lot line to the north; a iii. 5.69 metres from the rear lot line. b) Not have a floor area exceeding approximately 180 square metres. 2. That the setbacks for the proposed single detached dwelling be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; and 3. That the appropriate zoning certificate(s) and building permit(s) be obtained from the Township only after the Committee’s decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Carried. 56 Page of Page 30 of 321 6b) Committee of Adjustment Meeting Minutes – May 17, 2012. 6.NEW BUSINESS: a) OACA April 2012 Newsletter. Motion No. C120517-10 Moved by Chappell, Seconded by Johnson It is recommended by the Committee of Adjustment that the OACA April 2012 Newsletter be received. Carried. 7.NOTICE OF MOTION: None. 8.NEXT MEETING DATE: Thursday, June 21, 2012 at 10:00 a.m. 9.ADJOURNMENT: a) Motion to Adjourn. Motion No. CA120517-11 Moved by Johnson, Seconded by Chappell It is recommended that we do now adjourn at 11:57 a.m. Carried. Scott Macpherson, Vice-Chair Alan Wiebe, Secretary Treasurer 66 Page of Page 31 of 321 7a) Correspondence dated May 1, 2012 from the Simcoe Count... Page 32 of 321 7b) Simcoe County Road Supervisors Association Truck Safet... Page 33 of 321 7c) Ontario Parks Association, re: Successful completion o... Page 34 of 321 7c) Ontario Parks Association, re: Successful completion o... Page 35 of 321 10a) Report No. DS2012028, Andria Leigh, Director of Deve... Page 36 of 321 10a) Report No. DS2012028, Andria Leigh, Director of Deve... Page 37 of 321 10a) Report No. DS2012028, Andria Leigh, Director of Deve... Page 38 of 321 10a) Report No. DS2012028, Andria Leigh, Director of Deve... Page 39 of 321 10a) Report No. DS2012028, Andria Leigh, Director of Deve... Page 40 of 321 10a) Report No. DS2012028, Andria Leigh, Director of Deve... Page 41 of 321 10a) Report No. DS2012028, Andria Leigh, Director of Deve... Page 42 of 321 10a) Report No. DS2012028, Andria Leigh, Director of Deve... Page 43 of 321 10a) Report No. DS2012028, Andria Leigh, Director of Deve... Page 44 of 321 10a) Report No. DS2012028, Andria Leigh, Director of Deve... Page 45 of 321 10a) Report No. DS2012028, Andria Leigh, Director of Deve... Page 46 of 321 10a) Report No. DS2012028, Andria Leigh, Director of Deve... Page 47 of 321 10a) Report No. DS2012028, Andria Leigh, Director of Deve... Page 48 of 321 10a) Report No. DS2012028, Andria Leigh, Director of Deve... Page 49 of 321 10a) Report No. DS2012028, Andria Leigh, Director of Deve... Page 50 of 321 10a) Report No. DS2012028, Andria Leigh, Director of Deve... Page 51 of 321 10a) Report No. DS2012028, Andria Leigh, Director of Deve... Page 52 of 321 10b) Report No. DS2012031, Andria Leigh, Director of Deve... Page 53 of 321 10b) Report No. DS2012031, Andria Leigh, Director of Deve... Page 54 of 321 10b) Report No. DS2012031, Andria Leigh, Director of Deve... Page 55 of 321 10b) Report No. DS2012031, Andria Leigh, Director of Deve... 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Page 67 of 321 10e) Report No. TES2012 Page 68 of 321 10e) Report No. TES2012 Page 69 of 321 10e) Report No. TES2012 Page 70 of 321 10e) Report No. TES2012 Page 71 of 321 10f) Report No. RC2012 Page 72 of 321 10f) Report No. RC2012 Page 73 of 321 10f) Report No. RC2012 Page 74 of 321 10f) Report No. RC2012 Page 75 of 321 10f) Report No. RC2012 Page 76 of 321 10f) Report No. RC2012 Page 77 of 321 10f) Report No. RC2012 Page 78 of 321 10f) Report No. RC2012 Page 79 of 321 10f) Report No. RC2012 Page 80 of 321 10f) Report No. RC2012 Page 81 of 321 10f) Report No. RC2012 Page 82 of 321 10f) Report No. RC2012 Page 83 of 321 10g) Report No. FD2012 Page 84 of 321 10g) Report No. FD2012 Page 85 of 321 10g) Report No. FD2012 Page 86 of 321 10g) Report No. FD2012 Page 87 of 321 Report No. FD2012 Page 88 of 321 Report No. FD2012 Page 89 of 321 Report No. FD2012 Page 90 of 321 Report No. FD2012 Page 91 of 321 Report No. FD2012 Page 92 of 321 Report No. FD2012 Page 93 of 321 Report No. FD2012 Page 94 of 321 10i) Report No. CS2012 Page 95 of 321 10i) Report No. CS2012 Page 96 of 321 10i) Report No. CS2012 Page 97 of 321 10i) Report No. CS2012 Page 98 of 321 10i) Report No. CS2012 Page 99 of 321 10i) Report No. CS2012 Page 100 of 321 10i) Report No. CS2012 Page 101 of 321 11a) (Setion 12.3 f Townshi’s ccoopp Procedural By-La No. 2011-011) ww Name:HarryHHughes Item Number/Namee: 11 a Meeting Date:May 233, 2012 Type of Meeting:X Council Speecial Counccil Committee of AdjustmenntAcccessibilityAAdvisory Coommittee Rereationalechnical upport Grup cTTSSoo Human Resorces Comittee uumm Speakinng Notes: Oro-Medonte haas joined an expandedd top aggreegate produucers groupp that is working in coopperation withh the aggreegate indusstry to liaisoon with the PProvince too improve thhe rate of comensation to aggregate produce municipalities. pprrt CAOO Robin Dunnn and Mayyor Harry HHughes tookk part in a cconferencecall. 5/30/122 Page 102 of 321 11b) ST st st st th www.thehip.com, www.facebook.com/theTragicallyHip, www.twitter.com/thehipdotcom. Page 103 of 321 11b) th Page 104 of 321 11c) Page 105 of 321 11d) Councillor Crawford, re: CFB Borden Air Show. Subject:RE: CFB Borden Air Show 1 Page 106 of 321 12a) Singer l l l Page 107 of 321 12a) Singer l l l Page 108 of 321 12a) Singer l l l Page 109 of 321 12b) Page 110 of 321 12b) Page 111 of 321 12b) Page 112 of 321 12b) Page 113 of 321 12c) Page 114 of 321 12c) Page 115 of 321 12c) Page 116 of 321 12c) Page 117 of 321 12c) Page 118 of 321 12c) Bradford Community Arena, 125 Simcoe Street, Page 119 of 321 12c) Page 120 of 321 12c) Page 121 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 122 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 123 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 124 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 125 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 126 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 127 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 128 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 129 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 130 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 131 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 132 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 133 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 134 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 135 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 136 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 137 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 138 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 139 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 140 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 141 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 142 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 143 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 144 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 145 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 146 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 147 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 148 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 149 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 150 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 151 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 152 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 153 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 154 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 155 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 156 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 157 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 158 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 159 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 160 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 161 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 162 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 163 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 164 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 165 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 166 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 167 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 168 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 169 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 170 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 171 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 172 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 173 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 174 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 175 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 176 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 177 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 178 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 179 of 321 12d) Correspondence dated May 7, 2012 from Gayle Wood, CAO... Page 180 of 321 12e) Page 181 of 321 12e) Page 182 of 321 12e) Page 183 of 321 12e) Page 184 of 321 12f) Page 185 of 321 12f) Page 186 of 321 12f) Page 187 of 321 12f) Page 188 of 321 12f) Page 189 of 321 12f) Page 190 of 321 12f) Page 191 of 321 12f) New Brochure Page 192 of 321 12f) Page 193 of 321 12f) Page 194 of 321 12f) Page 195 of 321 12f) Page 196 of 321 12f) Page 197 of 321 12f) Page 198 of 321 12f) Page 199 of 321 12f) Page 200 of 321 12f) Page 201 of 321 12f) Page 202 of 321 12f) Page 203 of 321 12f) Page 204 of 321 12g) Correspondence dated May 4, 2012 from John Stager, Ch... Page 205 of 321 12g) Correspondence dated May 4, 2012 from John Stager, Ch... Page 206 of 321 12g) Correspondence dated May 4, 2012 from John Stager, Ch... Page 207 of 321 Page 208 of 321 Page 209 of 321 Page 210 of 321 Page 211 of 321 Page 212 of 321 Page 213 of 321 Page 214 of 321 Page 215 of 321 Page 216 of 321 12i) Page 217 of 321 12i) Page 218 of 321 12i) Page 219 of 321 12i) Page 220 of 321 12i) Page 221 of 321 12i) Page 222 of 321 12i) Page 223 of 321 12i) Page 224 of 321 12i) Page 225 of 321 12i) Page 226 of 321 13a) 13b) Friday, June 1, 2012 Page 228 of 321 13b) There is a strong connection between our personal FRIDAY, JUNE 1, 2012 health and the health of our natural world. When the EVENING BEGINS AT 6 PM world outside your front door is healthy we all benefit. Supporting the Conservation Gala will enable us to TICKETS: $150/PERSON continue our mission to protect the natural environment today and tomorrow. BUSINESS ATTIRE OR HOLLYWOOD GLAMOUR On Friday, June 1, 2012 join hundreds of conservation supporters, business leaders and politicians and share the excitement of our 24th annual signature fundraiser. Marilyn Monroe Last year we raised over $100,000. Our goal in 2012 is ’ to raise much more! This year our new Hollywood theme makes YOU a star for showing you care about our watershed! Walk the red carpet, sip cocktails with Marilyn Monroe, enjoy a gourmet meal and bid on amazing auction items. This year we have booked the incredible world touring Eagles tribute band, Hotel California for our live enter- tainment! There are many ways that you can show your support. Purchase tickets, become a corporate sponsor (new categories with enhanced benefits), sponsor an element of the evening or even donate auction items. Bring your spouse, partner or friend and enjoy a great night out. The success of our work would not be achievable without the generosity of our supporters. We are very grateful for your participation and support. Concord, Ontario Tel: 416-987-4400 Rutherford Rd 1. Online at www.LakeSimcoeFoundation.ca, 2. Mail back the cut-out form with your info and payment. RIVIERA 3. Phone or email Judy Milner at 905-895-1281 PARQUE X241 or j.milner@lsrca.on.ca Hwy 7 Purchase before April 27, 2012 to be eligible Hwy 407 for the Early Bird Draw! Page 229 of 321 13b) ECO-CHAMPION $2,000 last year)a premier location o Event Program – your company’s logo on group page, listing in guest listand message, listing in guest list o Your logo on 6 shared giant drop o Your logo on 6 giant drop down screens down screenso Your logo table signage o Your logo on event signageo Your logo on event signage page- sorship page a premier location last year) o Event Program –one page for your logo o Event Program –your company’s logo and message and listing in guest list on group page, listing in guest listo Your logo on 6 giant drop down screens o Your logo on 6 shared giant drop o Your logo table signage down screens o Your logo on event signage o Your logo on event signage - pagesorship page location) a premier locationAs an evening sponsor, you or your organization will be acknowledged on all publicity and at the o Event Program – ¼ page for your logo, listing in guest list o Your logo on 6 shared giant drop down screens o Your Logo on table signage o Your logo on event signage sponsorship page priceless! priceless! Page 230 of 321 13b) Consulting, Inc 120 Bayview Parkway, Box 282 Newmarket, Ontario L3Y 4X1 905.895.1281 www.LakeSimcoeFoundation.ca Page 231 of 321 13b) Name:____________________________________ Address:__________________________________ City:_____________________________________ Province:________ Postal Code:_____________ Telephone: (______)________________________ E-mail:___________________________________ I would like to order (#)_______________ tickets at $150 each and enclose $__________________ I would like to order (#)_______________ tables at $1,500 each and enclose $__________________ I cannot attend, but enclosed is a donation of $______________________________________ I would like to donate an auction item _______________________________________ I would like to sponsor at ____________________ level and enclose $ ___________________________ VISA MC Cheque Card #:______________________________________ Expiry:_____________________________________ Signature:___________________________________ Return Form with cheque or credit card payment to: Lake Simcoe Conservation Foundation Attn: Judy Milner - 120 Bayview Parkway, Box 282, Newmarket, ON L3Y 4X1 To purchase tickets online please visit: LakeSimcoeFoundation.ca Page 232 of 321 13c) Subject:RE: Team Howard Celebration | Saturday, May 26th @ 4PM From: Othman, Samah Sent: Thursday, May 10, 2012 3:29 PM To: . Council; Irwin, Doug Cc: Teeter, Janette Subject: Team Howard Celebration | Saturday, May 26th @ 4PM ©7 Samah Othman Executive Assistant / Corporate Communications Specialist Township of Oro-Medonte 1 Page 233 of 321 13d) Correspondence dated May 4, 2012 from Bev Steele, Mid... Page 234 of 321 13e) Correspondence dated May 10, 2012 from Barbara Kane, ... THE CORPORATION OF THE TOWNSHIP OF ADJALA TOSORONTIO 7855 Sideroad 30 * R.R.#1 * Alliston, Ontario * L9R 1V1 Telephone: (705) 434-5055 Fax: (705) 434-5051 Office of the Clerk BY E-MAIL ONLY May 10, 2012 South Simcoe Municipalities Association of Municipalities of Ontario The Township Council at the meeting Monday May 7, 2012 passed the following resolution. Please be advised that the following motion was made by Deputy Mayor Small Brett, seconded by Councillor Pinto and carried: WHEREAS the Source Water Protection Plan was approved effective January 19, 2012; and WHEREAS the Ontario Building Code was recently amended by Ontari 315/10 to establish and govern mandatory on-site sewage system maintenance inspection programs to be administered in vulnerable areas within five years of passage of the Source Water Protection Plan as approved under the Clean five years thereafter; and WHEREAS residents within a vulnerable area will be subject to municipal and additional septic pumping costs and if applicable, repair or replacement costs; and WHEREAS the passing of the Source Water Protection Plan has not financial burden on the residents but also on the municipality; NOW THEREFORE BE IT RESOLVED THAT Council for the Township of Adjala Tosorontio strongly requests that the Province of Ontario help a ts associated with this program; and Page 235 of 321 13e) Correspondence dated May 10, 2012 from Barbara Kane, ... 2 THAT a copy of this resolution be forwarded to the Association of Municipalities of Ontario, Honourable Jim Wilson and to all Simcoe County Municipa Yours truly, Barbara Kane Township Clerk Page 236 of 321 13f) Correspondence dated May 15, 2012 from Dianne Mawdsle... Page 237 of 321 13g) Correspondence dated May 16, 2012 from Michelle Cutts... Page 238 of 321 13g) Correspondence dated May 16, 2012 from Michelle Cutts... Page 239 of 321 Correspondence received May 7, 2012 from Ken and Jani... Page 240 of 321 Correspondence received May 7, 2012 from Ken and Jani... Page 241 of 321 Correspondence received May 7, 2012 from Ken and Jani... Page 242 of 321 Correspondence received May 7, 2012 from Ken and Jani... Page 243 of 321 15a) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-095 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 51M-957, as in PIN 58533-0227 LT 6 Diamond Valley Drive ROLL # 4346-010-003-26503 TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By-Law No. 2009-062, a By-Law to Designate Areas of the Township as Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte, pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control, pursuant to By-Law No. 2009-062; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: THAT 1. the Township enter into the Site Plan Control Agreement attached hereto as Appendix “A”, on lands described on the attached Schedule “A”; THAT 2. the Mayor and Clerk are hereby authorized to execute the Site Plan Control Agreement on behalf of the Corporation of the Township of Oro-Medonte; THAT 3. the attached Appendix “A” and Schedules “A, B, C and D” shall form part of this By-Law; THAT 4. this By-Law shall take effect on the final passing thereof. RD BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 23 DAY OF MAY, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ______________________________ MAYOR, H.S. HUGHES ______________________________ CLERK, J. DOUGLAS IRWIN Page 244 of 321 15a) A By - between - - and - DESCRIPTION OF LANDS Lot 3, Plan 51M-957, as in 58533-0227 LT TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE ROLL # 4346-010-003-26503 By-Law No. 2012-095 May 23, 2012 Page 245 of 321 15a) A By TABLE OF CONTENTS Section 1 Covenants by the Owner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co-operation Section 8 Binding Effect Section 9 Severability of Clauses Section 10 Save Harmless SCHEDULES Schedule “A” Legal Description of Lands Schedule “B” Site Plan Schedule “C” Deeds and Easements to be Conveyed Schedule “D” Itemized Estimate of Cost of Construction 2 Page 246 of 321 15a) A By SITE PLAN CONTROL AGREEMENT rd This Agreement made, in triplicate, this 23 day of May 2012, in accordance with Section 41 of the Planning Act. B E T W E E N : Democrat Maplewood Limited Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro-Medonte to permit construction of a single detached dwelling on lands described in hereto; AND WHEREAS the Township has enacted a By-law to provide for the designatio lands as a "Site Plan Control Area"; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule “B”; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: 3 Page 247 of 321 15a) A By 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in Schedule “A”, attached hereto, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to c) No work shall be performed on the lands, nor any use made of the subject lands with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries including, but not limited to, the County of Simcoe. e) The Owner shall, pursuant to Section 6.2.6 of the Subdivision Agreement adopted by Township of Oro-Medonte By-law 2010-059, retain the services archaeologist for their on-site presence and monitoring of any grading or ground alterations within 50 metres of a potential ossuary. f) The Owner shall assume all liability with respect to the dis and/or archaeologically sensitive features or areas through the development of the subject lands. g) The Owner and/or their agent shall, during any grading or ground alterations, cease work immediately upon the discovery of a potential ossuary and/or archaeologically sensitive feature, and forthwith notify all appropriate Ministries and Agencies, including, but not limited to, the Registrar of Cemeteries and the Township. e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes and charges related to obtaining the approval of these lands for the intended use. f) The Owner shall pay a refundable deposit for such reasonable involved to the Township in having its solicitor, engineer, plan any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of performance of all the Owner’s obligations hereunder, unless the context otherwise requires. Every provision of this Agreement, by which the Owner is obligated in any way, shall be deemed to include the words “at the expense of the Owner”, unles stated otherwise. The refundable deposit for expenses and actual cost shall be $1000.00. The Owner shall replenish the refundable deposit, to its full am when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers and Easements, or other documents required by Schedule “C”, as well as certification from the Owner’s solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h) The Owner agrees that prior to issuance of a Building Permit, a Sewage System Permit approval must be received by the Township/Ministry of the Environment. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: 4 Page 248 of 321 15a) A By a) That the Township has enacted a By-law to permit the constru detached dwelling with attached garage occupying 2,727 square feet (253.31 square metres), as described on the Site Plan. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By-laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule “B”, subject to the development restrictions contained herein. 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan, attached hereto as Schedule “B”. b) Lighting All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and/or roadway, not to cause interference in any way. c) Parking Areas and Driveways All parking areas and driveways shall be constructed in conformity with Sections 5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario Building Code Regulation #419/86, and such parking areas, loading, and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed, as in Schedule “B” attached. The Owner all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro-Medonte. d) Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule “B”. e) Garbage Storage The Owner agrees to provide suitable storage areas for garbage and waste, as shown on the Site Plan, and to install and maintain litter cont development on the lands. All metal scrap and associated refus fenced compound shall be removed on a weekly basis. f) Garbage Collection The Owner acknowledges and agrees that any Industrial, Commerci Institutional (I. C. & I) and multi-unit locations (six (6) units and over) will not receive curb side waste collection services from the County of Simcoe. Each I. C. & I location and multi-unit residential location will be respon garbage and recycling disposal. g) Landscaping The Owner shall complete all landscaping and landscaped areas s Site Plan, attached as Schedule “B”, as soon as weather permits and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. 5 Page 249 of 321 15a) A By h) Erosion and Siltation Control The Owner must take all necessary precautions to prevent erosion sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during construction. The Owner agrees t erosion and siltation control devices in good repair until vegetative cover has been successfully established. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by all parties. It is the intention of the parties that material amendments to this Agreement be properly recorded. Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of Confirmation, or notations on Engineering drawings. The nature of such record of amendment shall depend on circumstances. 5. SECURITY Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule “D” to this Agreement (the “said Work”), the following securities: a) Cash in the amount of one hundred percent (100%) of the estimated cost of the said work, as approved by the Township Engineer and Township Council, b) A Certified Cheque in the amount of one hundred percent (100%) of the estimated costs of the said works, and as approved by the Township Engineer. c) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Owner’s Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Agreement and will become the basis for the limits of the securities. d) Any Certified Cheque or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Certified Cheque and security received by the Towns as security for any item or any other matter which, under the te Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owner’s agent, certifying that all required works for which the Certified Cheque was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner’s obligations under this Agreement have been completed, the Township will return said Certified Cheque. f) If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on i deposits, then the Township shall give, by registered mail, twenty-one (21) day’s notice, its intent to draw down on the security or deposit. 6 Page 250 of 321 15a) A By 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to t addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 466 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended. 7. CO-OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreeme 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the parties hereto, and upon the lands described in Schedule “A”, attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 9. SEVERABILITY OF CLAUSES Should any section, subsection, clause, paragraph, or provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. 10. SAVE HARMLESS The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless, the Township from and against any and all claims, suit whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub-contractors. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that SIGNED, SEALED AND DELIVERED ) Democrat Maplewood Limited ) per: ) ) __________________________ ) Name: Enzo Palumbo ) Title: Authorized Signing Officer ) I have authority to bind the Corporation ) ) The Corporation of the ) Township of Oro-Medonte ) per: ) ) ) __________________________ ) H.S. Hughes, Mayor ) ) ) ____________________________ ) J. Douglas Irwin, Clerk 7 Page 251 of 321 15a) A By NOTE: It is understood and agreed that this Schedule forms part of the Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. LEGAL DESCRIPTION OF LANDS Lot 3, Plan 51M-957 as in 58533-0231 LT TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE ROLL # 4346-010-003-26503 8 Page 252 of 321 15a) A By NOTE: It is understood and agreed that this Schedule forms part of the Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. SITE PLAN Site Plan Drawing: Diamond Valley Estates Lot 3, Prepared by Valdor Engineering Inc dated April 4, 2012. Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. 9 Page 253 of 321 15a) A By NOTE: It is understood and agreed that this Schedule forms part of the Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. Two Dollars ($2.00) The consideration for all conveyances shall be the sum of and the cost of preparation, execution and registration thereof, shall be borne by the Owner. All documents to be registered shall be prior approved by the solicitor for the Township. The following land and easement shall be conveyed: LANDS TO BE CONVEYED TO THE TOWNSHIP 1.0 N/A DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP 2.0 N/A 10 Page 254 of 321 15a) A By NOTE: It is understood and agreed that this Schedule forms part of the Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION 1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT 2. LETTERS OF CREDIT AMOUNT Certified Cheque to be provided by the Owner $1000.00 to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. 11 Page 255 of 321 15b) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE 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 51M-957, as in PIN 58533-0230 LT 12 Diamond Valley Drive ROLL # 4346-010-003-26506 TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By-Law No. 2009-062, a By-Law to Designate Areas of the Township as Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte, pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control, pursuant to By-Law No. 2009-062; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: THAT 1. the Township enter into the Site Plan Control Agreement attached hereto as Appendix “A”, on lands described on the attached Schedule “A”; THAT 2. the Mayor and Clerk are hereby authorized to execute the Site Plan Control Agreement on behalf of the Corporation of the Township of Oro-Medonte; THAT 3. the attached Appendix “A” and Schedules “A, B, C and D” shall form part of this By-Law; THAT 4. this By-Law shall take effect on the final passing thereof. RD BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 23 DAY OF MAY, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ______________________________ MAYOR, H.S. HUGHES ______________________________ CLERK, J. DOUGLAS IRWIN Page 256 of 321 15b) A By - between - - and - DESCRIPTION OF LANDS Lot 6, Plan 51M-957, as in 58533-0230 LT TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE ROLL # 4346-010-003-26506 By-Law No. 2012-096 May 23, 2012 Page 257 of 321 15b) A By TABLE OF CONTENTS Section 1 Covenants by the Owner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co-operation Section 8 Binding Effect Section 9 Severability of Clauses Section 10 Save Harmless SCHEDULES Schedule “A” Legal Description of Lands Schedule “B” Site Plan Schedule “C” Deeds and Easements to be Conveyed Schedule “D” Itemized Estimate of Cost of Construction 2 Page 258 of 321 15b) A By SITE PLAN CONTROL AGREEMENT rd This Agreement made, in triplicate, this 23 day of May 2012, in accordance with Section 41 of the Planning Act. B E T W E E N : Democrat Maplewood Limited Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro-Medonte to permit construction of a single detached dwelling on lands described in hereto; AND WHEREAS the Township has enacted a By-law to provide for the designatio lands as a "Site Plan Control Area"; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule “B”; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: 3 Page 259 of 321 15b) A By 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in Schedule “A”, attached hereto, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to c) No work shall be performed on the lands, nor any use made of the subject lands with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries including, but not limited to, the County of Simcoe. e) The Owner shall, pursuant to Section 6.2.6 of the Subdivision Agreement adopted by Township of Oro-Medonte By-law 2010-059, retain the services archaeologist for their on-site presence and monitoring of any grading or ground alterations within 50 metres of a potential ossuary. f) The Owner shall assume all liability with respect to the dis and/or archaeologically sensitive features or areas through the development of the subject lands. g) The Owner and/or their agent shall, during any grading or ground alterations, cease work immediately upon the discovery of a potential ossuary and/or archaeologically sensitive feature, and forthwith notify all appropriate Ministries and Agencies, including, but not limited to, the Registrar of Cemeteries and the Township. e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes and charges related to obtaining the approval of these lands for the intended use. f) The Owner shall pay a refundable deposit for such reasonable involved to the Township in having its solicitor, engineer, plan any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of performance of all the Owner’s obligations hereunder, unless the context otherwise requires. Every provision of this Agreement, by which the Owner is obligated in any way, shall be deemed to include the words “at the expense of the Owner”, unles stated otherwise. The refundable deposit for expenses and actual cost shall be $1000.00. The Owner shall replenish the refundable deposit, to its full am when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers and Easements, or other documents required by Schedule “C”, as well as certification from the Owner’s solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h) The Owner agrees that prior to issuance of a Building Permit, a Sewage System Permit approval must be received by the Township/Ministry of the Environment. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: 4 Page 260 of 321 15b) A By a) That the Township has enacted a By-law to permit the constru detached dwelling with attached garage occupying 2,621 square feet (243.48 square metres), as described on the Site Plan. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By-laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule “B”, subject to the development restrictions contained herein. 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan, attached hereto as Schedule “B”. b) Lighting All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and/or roadway, not to cause interference in any way. c) Parking Areas and Driveways All parking areas and driveways shall be constructed in conformity with Sections 5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario Building Code Regulation #419/86, and such parking areas, loading, and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed, as in Schedule “B” attached. The Owner all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro-Medonte. d) Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule “B”. e) Garbage Storage The Owner agrees to provide suitable storage areas for garbage and waste, as shown on the Site Plan, and to install and maintain litter cont development on the lands. All metal scrap and associated refus fenced compound shall be removed on a weekly basis. f) Garbage Collection The Owner acknowledges and agrees that any Industrial, Commerci Institutional (I. C. & I) and multi-unit locations (six (6) units and over) will not receive curb side waste collection services from the County of Simcoe. Each I. C. & I location and multi-unit residential location will be respon garbage and recycling disposal. g) Landscaping The Owner shall complete all landscaping and landscaped areas s Site Plan, attached as Schedule “B”, as soon as weather permits and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. 5 Page 261 of 321 15b) A By h) Erosion and Siltation Control The Owner must take all necessary precautions to prevent erosion sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during construction. The Owner agrees t erosion and siltation control devices in good repair until vegetative cover has been successfully established. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by all parties. It is the intention of the parties that material amendments to this Agreement be properly recorded. Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of Confirmation, or notations on Engineering drawings. The nature of such record of amendment shall depend on circumstances. 5. SECURITY Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule “D” to this Agreement (the “said Work”), the following securities: a) Cash in the amount of one hundred percent (100%) of the estimated cost of the said work, as approved by the Township Engineer and Township Council, b) A Certified Cheque in the amount of one hundred percent (100%) of the estimated costs of the said works, and as approved by the Township Engineer. c) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Owner’s Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Agreement and will become the basis for the limits of the securities. d) Any Certified Cheque or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Certified Cheque and security received by the Towns as security for any item or any other matter which, under the te Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owner’s agent, certifying that all required works for which the Certified Cheque was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner’s obligations under this Agreement have been completed, the Township will return said Certified Cheque. f) If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on i deposits, then the Township shall give, by registered mail, twenty-one (21) day’s notice, its intent to draw down on the security or deposit. 6 Page 262 of 321 15b) A By 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to t addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 466 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended. 7. CO-OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreeme 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the parties hereto, and upon the lands described in Schedule “A”, attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 9. SEVERABILITY OF CLAUSES Should any section, subsection, clause, paragraph, or provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. 10. SAVE HARMLESS The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless, the Township from and against any and all claims, suit whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub-contractors. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that SIGNED, SEALED AND DELIVERED ) Democrat Maplewood Limited ) per: ) ) __________________________ ) Name: Enzo Palumbo ) Title: Authorized Signing Officer ) I have authority to bind the Corporation ) ) The Corporation of the ) Township of Oro-Medonte ) per: ) ) ) __________________________ ) H.S. Hughes, Mayor ) ) ) ____________________________ ) J. Douglas Irwin, Clerk 7 Page 263 of 321 15b) A By NOTE: It is understood and agreed that this Schedule forms part of the Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. LEGAL DESCRIPTION OF LANDS Lot 6, Plan 51M-957 as in 58533-0231 LT TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE ROLL # 4346-010-003-26506 8 Page 264 of 321 15b) A By NOTE: It is understood and agreed that this Schedule forms part of the Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. SITE PLAN Site Plan Drawing: Diamond Valley Estates Lot 6, Prepared by Valdor Engineering Inc dated April 3, 2012. Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. 9 Page 265 of 321 15b) A By NOTE: It is understood and agreed that this Schedule forms part of the Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. Two Dollars ($2.00) The consideration for all conveyances shall be the sum of and the cost of preparation, execution and registration thereof, shall be borne by the Owner. All documents to be registered shall be prior approved by the solicitor for the Township. The following land and easement shall be conveyed: LANDS TO BE CONVEYED TO THE TOWNSHIP 1.0 N/A DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP 2.0 N/A 10 Page 266 of 321 15b) A By NOTE: It is understood and agreed that this Schedule forms part of the Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION 1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT 2. LETTERS OF CREDIT AMOUNT Certified Cheque to be provided by the Owner $1000.00 to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. 11 Page 267 of 321 15c) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-097 A By-law to remove the Holding symbol On lands described as follows: Lot 3, Plan 51M-957 6 Diamond Valley Drive Township of Oro-Medonte, County of Simcoe Roll # 4346-010-003-26503 WHEREAS the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to remove a Holding provision pursuant to Section 36 of the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to remove the Holding provision applying to the subject lands; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1. Schedule ‘A16’, to Zoning By-law No. 97-95 as amended, is hereby further amended by removing the Holding provision applying to lands known as “Lot 3, Plan 51M-957, Roll # 4346-010-003-26503”as shown on Schedule ‘A’ attached hereto and forming part of this By-law. 2. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. RD BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 23 DAY OF MAY, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes _____ Clerk, J. Douglas Irwin Page 268 of 321 15c) A By Thiss is Schedule 'AA' to Byy-Law 20012-0997 passsed the 23rd dday of MMay, 20012. Mayoor H.S. Hughees Clek rr J.. Douglass Irwin Page 269 of 321 15d) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-098 A By-law to remove the Holding symbol On lands described as follows: Lot 6, Plan 51M-957 12 Diamond Valley Drive Township of Oro-Medonte, County of Simcoe Roll # 4346-010-003-26506 WHEREAS the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to remove a Holding provision pursuant to Section 36 of the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to remove the Holding provision applying to the subject lands; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1. Schedule ‘A16’, to Zoning By-law No. 97-95 as amended, is hereby further amended by removing the Holding provision applying to lands known as “Lot 6, Plan 51M-957, Roll # 4346-010-003-26506”as shown on Schedule ‘A’ attached hereto and forming part of this By-law. 2. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. RD BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 23 DAY OF MAY, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes _____ Clerk, J. Douglas Irwin Page 270 of 321 15d) A By Thiss is Schedule 'AA' to Byy-Law 20012-0998 passsed the 23rd dday of MMay, 20012. Mayoor H.S. Hughees Clek rr J.. Douglass Irwin Page 271 of 321 15e) Being A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE 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 WHEREAS the Municipal Act, 2001,S.O. 2001, c.25, Section 224, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; ANDWHEREAS the Council of The Corporation of the Township of Oro-Medonte deems it desirable to enter into an agreement, effective May 23, 2012 for a 12 month period, with Chris and Terri Melvin to temporarily reside in a trailer at Lot 85, Plan 952, Township of Oro-Medonte (Oro), more particularly described as 2307 Lakeshore Road East. NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows: THAT 1. Council authorizes the executed Agreement attached hereto as Schedule “A” and forming part of this By-law. THAT 2. this by-law shall take effect on the final passing thereof. RD BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 23 DAY OF MAY, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ____________________________ Mayor, H.S. Hughes ____________________________ Clerk, J. Douglas Irwin Page 272 of 321 15e) Being A By Page 273 of 321 15e) Being A By Page 274 of 321 15f) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE 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. WHEREAS Section 290 of the Municipal Act, 2001, S.O. 2001, c.25, as amen Council of a local municipality to prepare and adopt estimates o year; AND WHEREAS Section 312 of the Municipal Act, 2001, S.O.2001, c.25, as amen the Council of a local municipality to pass a by-law levying a s by-law, on the assessment in each property class in the local mu municipality purposes; AND WHEREAS the County of Simcoe has established by by-law the following ta year 2012: Residential/Farm 1.0000 Multi-Residential 1.5385 Commercial 1.2521 Industrial 1.5385 Pipelines 1.2966 Farmlands 0.2500 Managed Forests 0.2500 And the County tax rates for the year 2012. AND WHEREAS Ontario Regulation 60/12 establishes the Education tax rates fo AND WHEREAS Section 329 of the Municipal Act, 2001, S.O. 2001, c.25, as amen limitations on the taxes for the commercial, industrial and mult AND WHEREAS Section 391 of the Municipal Act, 2001, S.O. 2001, c.25, as amen a municipality to pass by-laws imposing fees or charges for serv NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte e follows: 1. That the estimates of Operating Expenditures net of non-taxatio for the purposes of the municipality shall be adopted as follows Council $ 356,563 Administration 2,928,662 History Association 6,324 Emergency Services 1,276,263 Police 1,903,049 School Crossing Guards 17,925 Building 252,633 Municipal Law Enforcement 169,665 Environmental Services 228,505 Planning 335,699 Public Works 3,393,099 Streetlighting 4,500 Lake Simcoe Regional Airport 154,052 Libraries 228,105 Parks and Recreation 680,849 Community Halls 27,609 Non-departmental excluding tax levy (2,319,235) 9,644,267 2. That the estimates of capital expenditures net of non- taxation purposes of the municipality shall be adopted as follows: Page 275 of 321 15f) A By 2 Reserve Transfers – Capital Replacement $1,131,000 Public Works 1,668,517 2,799,517 3.That the following amounts shall be raised by taxation within the Township of Oro-Medonte in the year 2012: Township General Purposes $12,443,784 County Purposes 8,703,291 School Board Purposes 9,073,332 Total Tax Levy $30,220,407 4. That the Tax Rates shown on Schedule “A” attached hereto and forming part of this By-law shall be levied upon and collected from the whole of the assessment for real property, in accordance with the last returned Assessment Roll for the Township of Oro-Medonte, as amended. 5. That in addition to the foregoing the following Special Charges and Collectables be levied and collected: (a) A levy for the purposes of recovering amounts advanced under the provisions of the Tile Drainage Act, Chapter T.8, R.S.O. 1990, as amended, from be (b)A special levy to collect for the annual estimates for the following Street Lighting Areas apportioned on a flat rate basis to the benefitting proper Street Lighting Areas Flat Rate per Property Shanty Bay $57.00 Hawkestone $54.00 Sugarbush, Plan M-367, Plan M-368 $55.00 Oro Hills, Plan M324 $60.00 Horseshoe Highlands, Plan M391, M447, M456 $40.00 Beechwood Crescent, Plan M-281 $57.00 Bachly, Plan M679 $57.00 Warminster, Plan M92, M104 $53.00 Black Forest Estates, Plan M-191 $60.00 Canterbury, Plan M-343 $60.00 Harbourwood, Plan M-118 $57.00 Parkside Drive, Plan 875 $60.00 Mount St. Louis Estates, Plan M-112 $60.00 Day Subdivision, Plan M-162 $60.00 Conder Drive, RP51R624, RP51R2163 $57.00 Pritchard Subdivision, Plan 1626 $47.00 Snowshoe Trail, Plan M-174 $60.00 Robin Crest Subdivision, Plan M-101, Plan M-123 $58.00 Cairns Estates, Plan 1676 $60.00 Kade Meadows, Plan M-340, Plan M-469 $60.00 Forest Glen, Plan M-264 $60.00 Craighurst Estates, Plan M510 $59.00 Windfield Estates ` $60.00 Sprucewood Plan M535 $60.00 Heights of Medonte Maplehill ,Bidwell Rd, Woodland Estates, Huronia Homes $53.00 Lakewood Subdivision, Plan M-381 $60.00 Forest Home Industrial Park, Plan 1719, Plan 1720 $6 Simoro $60.00 Winfull $60.00 White Bros., Plan M593 $57.00 Martinbrook $60.00 Lauder Road M723 $56.00 Page 276 of 321 15f) A By 3 Fairway Forest M746 $60.00 (c) A special levy to collect for the annual estimates for Count apportioned on a flat rate basis per user: Flat Rate per User Residential, garbage collection, disposal & recycling $186.00 Commercial, garbage collection, disposal & recycling $186.00 Recycling only $ 47.50 (d) An adjustment to taxes for the commercial, industrial and mu determined in accordance with Section 329 of the Municipal Act, c.25, as amended. (e) A levy for any or all other amounts collectable pursuant chargeable to any or all real property and business and/or person or persons to be raised in the same manner and at the same time as all other levies, rates, charges and/or collections. 6. (a) That the final tax bill less the interim tax bill stth on or before Tuesday, July 31, 2012 and Friday, September 28, 2012for properties with no capping adjustments. (b) That the final tax bill less the interim tax bill be due and payable in two equal stth installments on or before Friday, August 31, 2012 and Friday, September 28, 2012 for properties in the Commercial, industrial and Multi-residential classes with capping adjustments. 7. The Treasurer is hereby authorized to mail or cause to be mailed the notice of taxes due to the address of the residence or place of business of the person to whom such notice is required to be given as shown on the latest revised Assessment R 8. A penalty for non-payment of taxes shall be imposed not exceeding 1¼% on the first day of default, and on the first day of each calendar month thereafter during the year 2012, until the taxes are paid. 9. That there be added an interest charge of 1¼% on the first day of each month on any st outstanding tax arrears from the 31 day of December in the year in which the taxes were levied until the taxes are paid. 10. That taxes may be paid either in full or by installments for remittance payments to the credit of the Treasurer on or before the day on which such taxes fall d institutions, which accept and process payments on behalf of customers, with the onus on the financial institution to remit payments on time. 11. That all taxes be paid into the Office of the Treasurer. 12. That the Treasurer be authorized and directed to collect any penalty or interest or any other levies, rates, charges or collections in the same manner as empowered to collect taxes levied by the Council. 13.That the Treasurer be authorized to accept part payment from time to time on account of any taxes due and to give a receipt for such part payment provided that acceptance of any such payment does not affect the collection of any penalty or interes charges or collections imposed, collectable and due in respect t 14.That tax rates be applicable and levied upon any assessment that was not on the assessment roll as returned. 15.That this by-law come into force and take effect on and from the date of the final passing thereof for the current year 2012. Page 277 of 321 15f) A By 4 RD BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 23 DAY OF MAY, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S.Hughes Clerk, J.Douglas Irwin Page 278 of 321 15f) A By Page 279 of 321 15g) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE 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 WHEREAS the Public Libraries Act, R.S.O. 1990, c.P.44, as amended, Section 29(1) provides for the entering into a contract with a public library board for the purpose of providing the residents of the municipality with library services; AND WHEREAS Council deems it desirable to enter into a Contract with the Orillia Public Library Board; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That the Mayor and Clerk are hereby authorized to execute the contract between The Corporation of the Township of Oro-Medonte and The Orillia Public Library Board, said agreement attached hereto as Schedule “A” and forming part of this by-law. 2. That By-law No. 2011-078 is hereby repealed. 3. And That this by-law shall take effect on the final passing thereof. RD BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 23 DAY OF MAY, 2012 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ____________________________ Mayor, H.S. Hughes ____________________________ Clerk, J. Douglas Irwin Page 280 of 321 15g) A By Page 281 of 321 15g) A By Page 282 of 321 15g) A By Page 283 of 321 15g) A By Page 284 of 321 Being a By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE 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 WHEREAS , the Public Libraries Act, R.S.O. 1990, Chapter P.44, as amended, Section 29(1) provides for the entering into a contract with a public library board for the purpose of providing the residents of the municipality with library services; AND WHEREAS , Council deems it desirable to enter into a contract with the Barrie Public Library Board; NOW THEREFORE , the Council of The Corporation of the Township of Oro-Medonte enacts as follows: 1. That the Mayor and Clerk are hereby authorized to execute the contract between The Corporation of the Township of Oro-Medonte and the Barrie Public Library Board,said agreement attached hereto as Schedule ‘A’ and forming part by-law. 2. ThatBy-law No. 2011-079 is hereby repealed. 3.And that this By-Law shall come into force and take effect on the final passing thereof. RD BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 23 DAY OF MAY, 2011 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE _______________________________ Mayor, H.S. Hughes _______________________________ Clerk, J. Douglas Irwin Page 285 of 321 Being a By Page 286 of 321 15i) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE 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 WHEREAS the Public Libraries Act, R.S.O. 1990, c.P.44, as amended, Section 29(1) provides for the entering into a contract with a public library board for the purpose of providing the residents of the municipality with library services; AND WHEREAS Council deems it desirable to enter into a Contract with The Midland Public Library Board; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That the Mayor and Clerk are hereby authorized to execute the contract between The Corporation of the Township of Oro-Medonte and The Midland Public Library Board, said agreement attached hereto as Schedule “A” and forming part of this by-law. 2. That By-law No. 2011-080 is hereby repealed. 3. That this By-Law shall come into force and take effect on the final passing thereof. RD BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 23 DAY OF MAY, 2012 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE _______________________________ Mayor, H.S. Hughes _______________________________ Clerk, J. Douglas Irwin Page 287 of 321 15i) A By Page 288 of 321 15j) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE 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 WHEREAS the Public Libraries Act, R.S.O. 1990, c.P.44, as amended, Section 29(1) provides for the entering into a contract with a public library board for the purpose of providing the residents of the municipality with library services; AND WHEREAS Council deems it desirable to enter into a Contract with The Coldwater Public Library Board; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That the Mayor and Clerk are hereby authorized to execute the contract between The Corporation of the Township of Oro-Medonte and The Coldwater Public Library Board, said agreement attached hereto as Schedule “A” and forming part of this by-law. 2. That By-law No. 2011-081 is hereby repealed. 3. And that this By-Law shall come into force and take effect on the final passing thereof. RD BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 23 DAY OF MAY, 2012 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE _______________________________ Mayor, H.S. Hughes _______________________________ Clerk, J. Douglas Irwin Page 289 of 321 A By Page 290 of 321 15k) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-106 A By-law to amend the zoning provisions On lands described as follows: Parts 3, 4, and 6, Plan 51R-28938, and Part 1, Plan 51R-33292, 3003 Ridge Road West, and Part 2, Plan 51R-33292, 2981 Ridge Road West Township of Oro-Medonte, County of Simcoe Roll # 4346-010-007-07000 and 4346-010-007-07020 WHEREAS the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to rezone the subject lands, in accordance with Sections C2 and C5 of the Official Plan; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1. Schedule ‘A1’ to Zoning By-law 97-95, as amended, is hereby further amended by changing the zone symbol applying to the lands being Parts 3, 4, and 6, Plan 51R- 28938, and Part 1, Plan 51R-33292, 3003 Ridge Road West, and Part 2, Plan 51R- 33292, 2981 Ridge Road West, in the former geographic Township of Oro, now in the Township of Oro-Medonte, as outlined below, and as shown on Schedule ‘A’ attached hereto and forming part of this By-law: 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 Exception 214 Hold (EP*214(H)) Zone. 2. Section 7.133 – Exception 133 to Zoning By-law 97-95, as amended is hereby further amended by deleting in its entirety and replacing with the following subsection: “7.133 *133 – PART OF LOTS 1 AND 2, CONCESSION 2 (FORMER ORO) “Notwithstanding any other provision in this By-law: a) the minimum lot frontage required is approximately 20.00 metres (66 feet), and minimum lot area required is approximately 0.95 hectares (2.35 acres) on the lands denoted by the symbol *133 on the schedule to this By-law. b) accessory buildings or structures are prohibited on the lands zoned Agricultural/Rural (A/RU) and denoted by the symbol *133 on the schedule to this by-law. For the purposes of this Section such buildings or structures may include a swimming pool, a tennis court, change facilities, and garage/storage buildings, provided such buildings or structures are accessory to a residential use on the same lot. c) The provisions of Section 5.28, “Setbacks from Limits of Environmental Protection Zone”, do not apply to the lands denoted by the symbo on the schedules to this By-law Page 291 of 321 15k) A By 3. Section 7.134 – Exception 134 to Zoning By-law 97-95, as amended is hereby further amended by deleting in its entirety and replacing with the following subsection: “7.134 *134 – PART OF LOTS 1 AND 2, CONCESSION 2 (FORMER ORO) “Notwithstanding any other provision in this By-law: "a) the minimum lot frontage required is approximately 180.00 metres (590.55 feet), and minimum lot area required is approximately 6.9 hectares (17.05 acres) on the lands denoted by the symbol *134 on the schedule to this By-law. "b) accessory buildings or structures are prohibited on the lands zoned Agricultural/Rural (A/RU) and denoted by the symbol *134 on the schedule to this by-law. For the purposes of the Section such buildings or structures may include a swimming pool, a tennis court, change facilities, and garage/storage buildings, provide such buildings or structures are accessory to a residential use on the same lot. "c) The provisions of Section 5.28, “Setbacks from Limits of Environmental Protection Zone”, do not apply to the lands denoted by the symbo on the schedules to this By-law 4. Section 7 – Exceptions to Zoning By-law 97-95, as amended is hereby further amended by the addition of the following subsection: “7.214 *214 – PART OF LOTS 1 AND 2, CONCESSION 2 (FORMER ORO) “Notwithstanding any other provisions of the Zoning Bylaw, one Boathouse per residential lot shall be permitted, in accordance with Section 5.6, “Boathouses”.” THAT 5. the 'Hold' (H) provision shall only be lifted upon completion of an appropriate Development Agreement to the County of Simcoe’s satisfaction for considerations such as a road improvement agreement for the intersection of Oro-Medonte Line 1 South and Simcoe Road 20, and an encroachment agreement for the existing stone fence to be registered on title. A site plan agreement to regulate the development on each lot must also be secured with the Township of Oro-Medonte prior to the Hold (H) being lifted. 6. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. RD BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 23 DAY OF MAY, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 292 of 321 15k) A By Thiss is Schedule 'AA' to Byy-Law 20012-1006 passsed the 23 daay of Maay, 20112. rd Mayoor H.S. Hughees Clerrk J.. Douglass Irwin Exception 2214 Hold (EP*214(H))) TOWNNSHIP OF ORO-MEDDONTE Page 293 of 321 15l) A Bylaw to Amend Bylaw 2010201, Being a By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-107 A By-law to Amend By-law 2010-201, Being a By-law to Appoint Building Inspectors WHEREAS Section 3(2) of the Building Code Act, 1992, S.O. 1992, c.23, as amended provides that the Council of each municipality shall appoint such inspectors as are necessary for the purposes of the enforcement of the Act; AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte did th on the 8 day of December 2010, enact By-law No. 2010-201, being a By-law Building Inspectors; AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte does now find it expedient to appoint Building Inspectors; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That Schedule “A” of By-law 2010-201 be amended by adding “Steve Blogg”. 2. That the amendment to Schedule “A” be effective April 16, 2012. 3. That this by-law shall take effect on final passing thereof. rd BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 23 DAY OF MAY, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ___________________________ Mayor, H.S. Hughes ___________________________ Clerk, J. Douglas Irwin Page 294 of 321 15m) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE 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 51M-881, as in 58568-0051 LT ROLL # 43-46-030-012-42712 TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By-Law No. 2009-062, a By-Law to Designate Areas of the Township as Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte, pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control, pursuant to By-Law Nos. 2005-081 and 2009-062; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: THAT 1. the Township enter into the Site Plan Control Agreement attached hereto as Appendix “A”, on lands described on the attached Schedule “A”; THAT 2. the Mayor and Deputy Clerk are hereby authorized to execute the Site Plan Control Agreement on behalf of the Corporation of the Township of Oro-Medonte; THAT 3. the attached Appendix “A” and Schedules “A, B, C and D” shall form part of this By-Law; THAT 4. this By-Law shall take effect on the final passing thereof. RD BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 23 DAY OF MAY, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ______________________________ MAYOR, H.S. HUGHES ______________________________ CLERK, J. DOUGLAS IRWIN Page 295 of 321 15m) A By - between - - and - DESCRIPTION OF LANDS Lot 1, Plan 51M-881, as in 58568-0051 LT TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE Roll # 4346-030-012-42712-0000 May 23, 2012 By-Law No. 2012-108 Page 296 of 321 15m) A By TABLE OF CONTENTS Section 1 Covenants by the Owner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co-operation Section 8 Binding Effect Section 9 Severability of Clauses Section 10 Save Harmless SCHEDULES Schedule “A” Legal Description of Lands Schedule “B” Site Plan Schedule “C” Deeds and Easements to be Conveyed Schedule “D” Itemized Estimate of Cost of Construction 2 Page 297 of 321 15m) A By SITE PLAN CONTROL AGREEMENT rd This Agreement made, in triplicate, this 23day of May, 2012, in accordance with Section 41 of the Planning Act. B E T W E E N: 1340006 ONTARIO LTD. Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro-Medonte to permit a 568 square metre (6114 square foot) single detached dwelling on lands described in Schedule “A”, attached hereto; AND WHEREAS the Township has enacted a By-law to provide for the designation of the lands as a "Site Plan Control Area"; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plans attached hereto as Schedule “B”; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: 3 Page 298 of 321 15m) A By 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in Schedule “A”, attached hereto, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to the subject lands. c) No work shall be performed on the lands, nor any use made of the subject lands with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries and Agencies, including, but not limited to, the County of Simcoe. e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes and charges related to obtaining the approval of these lands for the intended use. f) The Owner shall pay a refundable deposit for such reasonable costs as may be involved to the Township in having its solicitor, engineer, planner and staff, perform any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of performance of all the Owner’s obligations hereunder, unless the context otherwise requires. Every provision of this Agreement, by which the Owner is obligated in any way, shall be deemed to include the words “at the expense of the Owner”, unless specifically stated otherwise. The refundable deposit for expenses and actual cost shall be $5,000.00.The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers/Deeds, Discharges and Easements, or other documents required by Schedule “C”, as well as certification from the Owner’s solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h) The Owner agrees that prior to issuance of a Building Permit; a Sewage System Permit approval must be received by the Township/Ministry of the Environment. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By-law to permit a single detached dwelling, as described on the Site Plan, attached hereto as Schedule “B”. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By-laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule “B”, subject to the development restrictions contained herein. 4 Page 299 of 321 15m) A By 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan, attached hereto as Schedule “B”. b) Lighting All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and/or roadway, not to cause interference in any way. c) Parking Areas and Driveways All parking areas and driveways shall be constructed in conformity with Sections 5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario Building Code Regulation #419/86, and such parking areas, loading, and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed, as in Schedule “B” attached. The Owner agrees to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro-Medonte. d) Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule “B”. e) Garbage Storage The Owner agrees to provide suitable storage areas for garbage and waste, as shown on the Site Plan, and to install and maintain litter containers in and around development on the lands. All metal scrap and associated refuse contained in the fenced compound shall be removed on a weekly basis. g) Landscaping The Owner shall complete all landscaping and landscaped areas shown on the Site Plan, attached as Schedule “B”, as soon as weather permits, and all grading and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. h) Preservation of Existing Vegetation Outside Driveway, Building Envelope, Access and View Restrictions The Owner applying for the Building Permit shall deposit with the Township securities as noted in Section 1 f) to ensure the preservation of existing vegetation outside the building envelope, driveway location and lake access/view location, as shown on Plans 1001, 1002, 1003, 1004 and 1005, prepared by Cole Engineering Group Ltd and stipulated on the site plan prepared by Andrew McIntyre Design 7 Drafting dated March 23, 2012. This security deposit will be returned one (1) year from the date occupancy is achieved and certified by the Township that existing vegetation outside the building envelope, driveway location and lake access/view location have been preserved. i) Lake Simcoe Region Conservation Authority The owner shall agree to obtain all necessary permits from the Lake Simcoe Region Conservation Authority in accordance with Ontario Regulation 179/06. The owner shall agree 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 Lake Simcoe Region Conservation Authority. 5 Page 300 of 321 15m) A By j) Erosion and Siltation Control The Owner must take all necessary precautions to prevent erosion and sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during construction. The Owner agrees to maintain all erosion and siltation control devices in good repair until vegetative cover has been successfully established. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by all parties. It is the intention of the parties that material amendments to this Agreement be properly recorded.Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of Confirmation, or notations on Engineering drawings. The nature of such record of amendment shall depend on circumstances. 5. SECURITY Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule “D” to this Agreement (the “said Work”), the following securitie a) Cash in the amount of one hundred percent (100%) of the estimated cost of the said work, as approved by the Township Engineer and Township Council, or: b) An irrevocable Letter of Credit from a chartered bank, issued in accordance with the requirements of Schedule “E”, with an automatic renewal clause in the amount of one hundred percent (100%) of the estimated costs of the said works, and as approved by the Township Engineer. The Letter of Credit shall be for a minimum guaranteed period of one (1) year, or such time as the Township decides, and shall be renewed automatically, as necessary, thirty (30) days prior to expiration. c) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Owner’s Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Schedule “D” of this Agreement and will become the basis for the limits of the securities. d) Any Letter of Credit or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Letters of Credit and security received by the Township may be used as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owner’s agent, certifying that all required works for which the Letter of Credit was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner’s obligations under this Agreement have been completed, the Township will return said Letter of Credit. f) If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township shall give, by registered mail, twenty-one (21) day’s notice, its intent to draw down on the security or deposit. 6 Page 301 of 321 15m) A By 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 427 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended. 7. CO-OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreement. 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the parties hereto, and upon the lands described in Schedule “A”, attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 9. SEVERABILITY OF CLAUSES Should any section, subsection, clause, paragraph, or provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. 7 Page 302 of 321 15m) A By 10. SAVE HARMLESS The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless, the Township from and against any and all claims, suits, actions and demands whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub-contractors. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) __________________________ ) Owner: 1340006 Ontario Ltd. ) Donna J. Hori, President ) I have the Authority to bind the ) Corporation ) ) ) ) The Corporation of the ) Township of Oro-Medonte ) ) per: ) ) ) __________________________ ) H.S. Hughes, Mayor ) ) ) ____________________________ ) J. Douglas Irwin, Clerk ) 8 Page 303 of 321 15m) A By NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and 1340006 Ontario Ltd. LEGAL DESCRIPTION OF LANDS Lot 1, Plan 51M-881, Township of Oro-Medonte, County of Simcoe Roll # 4346-030-012-42712-0000 9 Page 304 of 321 15m) A By NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and 1340006 Ontario Ltd. SITE PLAN Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. Site Plan Drawings prepared by Andrew McIntyre Design & Drafting last revised March 23, 2012. Drawing A-100 Site Plan Drawing A-210 Elevations Drawing A-211 Elevations Drawing A-215 Foundation Plan Drawing A-216 Basement Plan Drawing A-220 Main Floor Plan Drawing A-221 Garage Plans nd Drawing A-225 2 Floor Plan Drawing A-250 Deck Plan Drawing A-300 Sections Drawing A-310 Wall Sections Drawing A-400 Foundation Details Drawing A-410 Framing Details Drawing SP-1 Site Grading Plan prepared by mnt consulting group inc. dated March 20, 2012 and approved by the Township’s Engineering Consultant AECOM on May 10, 2012. 10 Page 305 of 321 15m) A By NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and 1340006 Ontario Ltd. DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. Two Dollars ($2.00) The consideration for all conveyances shall be the sum of and the cost of preparation, execution and registration thereof, shall be borne by the Owner. All documents to be registered shall be prior approved by the solicitor for the Township. The following land and easement shall be conveyed: LANDS TO BE CONVEYED TO THE TOWNSHIP 1.0 N/A DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP 2.0 N/A 11 Page 306 of 321 15m) A By NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and 1340006 Ontario Ltd. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION 1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT N/A 2. LETTERS OF CREDIT/SECURITY Letter of Credit or cheque to be provided by the Owner to ensure completion of all works required $ 5000.00 under the terms of this Agreement, as noted in Section 1f) and 5 herein. 12 Page 307 of 321 A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-109 A By-law to remove the Holding symbol On lands described as follows: Lot 1, Plan 51M-881 Township of Oro-Medonte, County of Simcoe Roll # 4346-030-012-42712 (Gawn) WHEREAS the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to remove a Holding provision pursuant to Section 36 of the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to remove the Holding provision applying to the subject lands; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1. Schedule ‘A8’, to Zoning By-law No. 97-95 as amended, is hereby further amended by removing the Holding provision applying to lands known as “Lot 1, Plan 51M-881, Roll # 4346-030-012-42712”as shown on Schedule ‘A’ attached hereto and forming part of this By-law. 2. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. RD BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 23 DAY OF MAY, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes _____ Clerk, J. Douglas Irwin Page 308 of 321 A By Thiss is Schedule 'AA' to Byy-Law 20012-1009 passsed the 23rd dday of MMay, 20012. Mayoor H.S. Hughees Clek rr J.. Douglass Irwin Page 309 of 321 15o) A Bylaw to Enter into a Water Service Connection Agr... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-110 A By-law to Enter into a Water Service Connection Agreement betw The Corporation of the Township of Oro-Medonte and Bowman Builder Ltd. Roll # 4346-010-003-27595 Block 86, Plan 51M-367; 3367 Line 6 North Township of Oro-Medonte, County of Simcoe WHEREAS Section 11 of the Municipal Act 2001, S.O. 2001, c. 25, as amended, authorizes the Council of a Municipality to pass a by-law respecting water distribution; AND WHEREAS the Applicant has requested permission from the Municipality to connect to a municipal water system (Sugarbush Water System); AND WHEREAS the Municipality is prepared to grant permission to connect to a municipal water system (Sugarbush Water System) upon certain terms and conditions; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That the Mayor and Clerk be authorized to execute the Water Service Connection Agreement, shown as Schedule “A” attached hereto and forming part of this By- law. 2. That this By-law shall come into full force and effect on its final passing thereof. TH BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 23 DAY OF MAY, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE __________________________ Mayor, H.S. Hughes __________________________ Clerk, J. Douglas Irwin Page 310 of 321 15o) A Bylaw to Enter into a Water Service Connection Agr... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE WATER SERVICE CONNECTION AGREEMENT THIS Agreement made, in triplicate, this day of , 2012. BETWEEN: BOWMAN BUILDER LTD. Hereinafter referred to as the “Registered Owner” - and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter referred to as the “Municipality” A description of the land affected by this Agreement is as follo BLOCK 86, PLAN 51M-367 Municipal Address: 3367 Line 6 North Roll Number:4346-010-003-27595-0000 Township of Oro-Medonte County of Simcoe The Municipality has entered into this Agreement on the day of , 2012. The Registered Owner agrees to comply with all the terms and conditions as set out in the Corporation of the Township of Oro-Medonte By-law No. 2009-082 (a By-law to regulate Municipal Water Systems within the Township of Oro-Medonte) and the “Water” Schedule of the Township’s Fees and Charges By-law attached hereto. The Registered Owner acknowledges and agrees that normally the costs to connect to the municipal water system would be at their cost, including, but not limited to, the water meter and all labour and material. The Township of Oro-Medonte has agreed to install the water service to the property line and to waive the trench i meter package fees in exchange for the portion of Block 86 that backs existing Lots 21 and 22, Registered Plan M-367.The Township will pay for survey and legal costs for the land transfer referred to above. The Registered Owner acknowledges and agrees that the installation of the water service on private property and any future repairs or upgrades to the water service line located on private property are the responsibility of the Registered Owner. The Registered Owner acknowledges and agrees that the Township of Oro-Medonte does not guarantee water pressure and that either now or in the future, the Registered Owner may be required to install and maintain equipment to satisfy pressure. ____________________________________________ Registered Owner: BOWMAN BUILDER LTD. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ________________________________ Harry Hughes, Mayor ________________________________ Doug Irwin, Clerk Page 311 of 321 15o) A By Page 312 of 321 15o) A By Page 313 of 321 15o) A By Page 314 of 321 15o) A By Page 315 of 321 15o) A By Page 316 of 321 15o) A By Page 317 of 321 15o) A By Page 318 of 321 15o) A By Page 319 of 321 15o) A By Page 320 of 321 18a) Being a ByLaw to Confirm the Proceedings of the Coun... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-105 Being a By-Law to Confirm the Proceedings of the Council Meeting Wednesday, May 23, 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, May 23, 2012, and in respect to each Motion, Resolution and other ac 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. RD BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 23 DAY OF MAY, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE __________________________ Mayor, H.S. Hughes __________________________ Clerk, J. Douglas Irwin Page 321 of 321