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08 15 2012 Council AgendaTHE TOWNSHIP OF OROMEDONTE COUNCIL MEETING AGENDA COUNCIL CHAMBERS Wedesday, August 15, 2012 10:00 a.m.  Open Session  Page 1.CALL TO ORDER - PRIVATE PRAYER/MOMENT OF REFLECTION: a)Motion to Appoint Chairperson. 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. Environmental Services, re: Acquisition / disposition of land (W Concession 8). d) e)Robin Dunn, CAO, re: Acquisition/disposition of land (Horseshoe g) i) Andria Leigh, Director of Development Services, re: Litigation a –law 2011164). Donna Hewitt, Director of Corporate and Strategic Initiatives & Director of Recreation and Community Services, re: Acquisition/d land (Nurse Practitioner Led Clinic). Page 1 of 450 Page 4.CLOSED SESSION ITEMS: Shawn Binns, Director of Recreation and Community Services, re: Acquisition/disposition of Land (Parkland Acquisition). o) p)Doug Irwin, Director of Corporate Services/Clerk, re: Personal m an identifiable individual (Plan 952 –2273 Lakeshore Road East). q)Doug Irwin, Director of Corporate Services/Clerk, re: Acquisitio 5.IDENTIFICATION FROM THE PUBLIC OF AN AGENDA ITEM OF INTEREST: 6.MINUTES OF COUNCIL AND COMMITTEES: 9-30 a) 31-34 b) 35-40 7.RECOGNITION OF ACHIEVEMENTS: 41 a)Correspondence dated July 11, 2012 from Teresa Micks, re: Recogn 8.PUBLIC MEETINGS: 42-43 a)10:00 a.m. Proposed Zoning ByLaw Amendment, Concession 4, East Part of ZBA04 (Fraccaro). 44 b)10:00 a.m. Proposed Zoning By 2012ZBA 45-46 10:00 a.m. Proposed Zoning ByLaw Amendment, Concession 3, East Part Lot 28, municipally known as 1753 Ridge Road West, 2012ZBA06 9.DEPUTATIONS: 47-67 a) Page 2 of 450 Page 9.DEPUTATIONS: 68 b) 69-97 1:50 p.m. Debbie Cole Agreement to Unopened Portion of Line 8 South, Adjacent to 131 L Road East. 10.REPORTS OF MUNICIPAL OFFICERS: 98-101 a) 102-104 b) – 105-108 Report No. CS 2012025, Doug Irwin, Director of Corporate Services/Clerk, 109-126 d) 2011012. 127 e)Doug Irwin, Director of Corporate Services/Clerk, re: Criteria f Special Council Meetings. 128-137 Report No. CSI 201204,  Donna Hewitt, Director Corporate & Strategic Initiatives, re: Request for Proposal (RFP) for Corporate Legal 138-140 g)Report No. TES2012 141-147 Report No. DS 2012038, Andria Leigh, Director of Development Services, Application 2004SUB–Moonstone Road East Part of Lot 15, Concession 9 (Medonte) Township of Oro 148-151 i)Report No. DS2012039, Andria Leigh, Director of Development Services, re: 152-158 Report No. DS2012040, Andria Leigh, Director of Development Services, re:  Landscapes–Laurelview Phase 1, Certificate of Maintenance and Final 159-167 Report No. DS2012041, Andria Leigh, Director of Development Services, re:  Site Plan Agreement (Denise Roxanne Kwang Lee) 2011SPA02, Part West ½ Lot 24, Concession 10, as in RO440640 Secondly; Oro Being all of PIN 58560 168-175 Report No. DS2012042, Andria Leigh, Director of Development Services, SPA12, Part of Lot 25, Concession 10, Oro, Being Part 1, Plan 51R36518, Being all Page 3 of 450 Page 10.REPORTS OF MUNICIPAL OFFICERS: of PIN 58560 176-190 Report No. DS2012043, Andria Leigh, Director of Development Services, re: Proposed Zoning Bylaw Amendment Application 2012ZBA06 (Mohammad Biouckzadeh and Zahra Assadian) Concession 3, East Part Lot 28, 191-194 Report No. DS2012044, Andria Leigh, Director of Development Services, re:  Proposed Modified County of Simcoe Official Plan – 195-213 o)Report No. RC2012 –Update. 214-217 p)Report No. RC2012 Services, re: Advertising Sales – 218-232 q)Report No. RC2012 Services, Bidwell Estates Parkland – 233-236 Report No. HR 2012 11.REPORTS OF MEMBERS OF COUNCIL: 237 a) Provincial Police, re: Ontario Association of Police Services Bo September 13 & 14, 2012.  238-247 b)Mayor H.S. Hughes, correspondence dated December, 2011 from Marj Mossman re: Request for Letter of Endorsement, Lake Simcoe as a Lake [from December 14, 2011] and correspondence dated June 28, from Gayle Wood, CAO, Lake Simcoe Region Conservation Authority. 248-249 Savour Simcoe 250 d) 12.CONSENT AGENDA: 251-252 a) l Memorial Park, 5464 Line 8 North, Moonstone  August 18, 2012 4:30 l 2012 12:30 p.m., 396 Warminster Sideroad, between Line 8 and Lin Page 4 of 450 Page 12.CONSENT AGENDA: 253-268 b) April 19, 2012. 269-293 19, 2012. 294-297 d) 298-302 e)Minutes of the Barrie Public Library Board meetings held on Apri and May 24, 2012. 303-308 309-311 g) 312-317 318 i) June 22, 2012. 319-327 328-336 337 Correspondence dated June 14, 2012 from Don Campbell, Oro Agricu September 14 and 15, 2012. 338-339 Page 5 of 450 Page 12.CONSENT AGENDA: 340-341 Correspondence dated July 23,2012 from Barbara Hall, Chief Commi Rights Code. 342-343 o)Correspondence dated August 3, 2012 from Michael Gravelle, Minis Natural Resources, re: Top Aggregate Producing Municipalities of 13.COMMUNICATIONS: 344-345 a)Correspondence  dated July 9, 2012 from  Bob Chiarelli, Minister 346-349 b) ’s 1819, 2012. 350-351 Correspondence dated July 30, 2012 from Dave Parks, County of Si Notice of Funding Commitment, Trails Connecting Communities Prog 2012, OroMedonte Rail Trail Resurfacing & Bridge Repair Project  352-355 d)Correspondence dated August 2, 2012 from Marco Campana, Outreach Learning Coordinator, re: Fall Classic 5km/10km Road Race, Satur October 13, 2012, 9:00am1:00pm, 15/16 Sideroad, between Line 7 North 356 e)Correspondence dated August 3, 2012 from Andrea Walli, re: Reque Law Amendment Applications. 14.NOTICE OF MOTIONS: 15.BY-LAWS: 357-358 a)Law No. 2012140Being a By Certificate of Maintenance and Final Acceptance (Aboveground Services) for Laurel View Homes Landscapes at Horseshoe Valley –Phase 1, Registered Plan 51M741. 359-360 b)Law No. 2012141A By Medonte Landscapes Drive 741, Tanglewood Crescent from Landscapes Drive 5M741. Page 6 of 450 Page 15.BY-LAWS: 361-364 Law No. 2012142A By Medonte Warminster Water Reservoir Upgrades (Contract No. 60247297). 365-400 d)Law No. 2012143Being a By Drivers (Law No. 2011093. 401 e)Law No. 2012144A Bylaw to Appoint a Chief Building Official and Repeal Bylaw 2012125. 402-403 Law No. 2012145A By Law Nos. 2010201, 2012107 and 2012129. 404 g)Law No. 2012146Being a ByLaw No. 2012090, Being a ByLaw to Appoint Municipal Law 405-412 Law No. 2012147A By Medonte and Point to Point 726–2565 Bidwell Road). 413-424 i)Law No. 2012148A By Kwang Lee described as lands as follows: PART WEST ½ LOT 24, CON 10, AS IN RO440640 MEDONTE, 551 LINE 9 SOUTH, as in 585600015 LT, ROLL # 4346010 010MEDONTE, 425-426 Law No. 2012149A By described as follows: Part West ½ Lot 24, Con 10, as in RO440640 Secondly;OROMEDONTE, 551 0015 LT, ROLL # 4346010010 427-429 Law No. 2012150A By Police (OPP) (Special Events at Mount St. Louis Page 7 of 450 Page 15.BY-LAWS: 430-443 Law No. 2012151A By and Alyssa Rose Churchill described as lands as follows: Part of Lot 25, Concession 10, Being Part 1, Plan 51R36518, as in 585600162 LT, ROLL # 4346010010 444-445 Law No. 2012152A By described as follows: Part of Lot 25, Concession 10, Being Part 1, Plan 51R36518, Township of Oro 010010 01710. 446-447 Law No. 2012153A By described as follows: Concession 3, East Part of Lot 28, 1753 Ridge Road West, Township of Oro 020007 21400. 448 o)Law No. 2012154A Bylaw No. 2011049, being A Medonte Chamber of Commerce. 449 p)Law No.  2012155A ByLaw to Amend ByLaw, 2012062,A By Medonte to Provide for the Imposition of Fees or ChargesFees and Charges By 16.QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM: 17.CLOSED SESSION ITEMS (UNFINISHED ITEMS): 18.CONFIRMATION BY-LAW: 450 a)Law No. 2012139Being a ByLaw to Confirm the Proceedings of the 2012. 19.ADJOURNMENT: a) Page 8 of 450 6a) THE TOOWNSHIPOF ORO-MMEDONTE REGULAR COUNCIIL MEETINNG MINUTEES CouncilChamberss Wednessday, July 11, 2012TIMME: 9:07 a..m. 2010 - 014 COUCIL 22NN Presentt MayorH.S. Hughees Counciillor Mel Cooutanche Counciillor Kelly MMeyer Counciillor Marty LLancaster Councllor John rawford iiCC Councllor Dwigh Evans (le @ 3:00 pm.) iittftft.. Regretss: Deputyy Mayor Ralph Hough Staff RobinDDunn, Chieef Administrrative Officeer; Paul Graavelle, Direector of Presentt: Finance/Treasureer/DeputyCCAO; Doug Irwin, Direcctor of Corpporate Servicees/Clerk; Anndria Leighh, Director oof Developmment Servicces; Jerry Ball, Director of Transportatin and Enironmental Services; Donna oovvl Hewitt, Director o Corporat & Strategic Initiative; Shawn inns, Diretor ffeeissBBcc of Receation an Communiy Service; Hugh Murray,ctin Fire Chie; rrddttssrAggff JohnWWigle, Fire PPrevention, Fire & Lifee Safety Educator; Tammara Obee, Manager Health && Safety, Huuman Resoources; Currtis Shelsweell, Chief Municippal Law EnnforcementOfficer; Jannette Teeteer, Deputy CClerk; Samaah Othman, Executivve Assistantt, Corporatee Communnications Sppecialist; DarcyBBrooke-Bisschop, Admministrative Assistant Also Jim Coper, Caren Fruci, im Cook, Sheila Caig, Ann Tuyens, Jen oommTTrssrrrraa Presentt: Buckingham, Brucce Buckingham, Clemm & Joan Neeiman, Tammara Scearcce, LynnHHolden, Kerry Plumley,, Dr. Jamess Swan 1.CALL TO ORDER - PRIVAATE PRAYYER/MOMEENT OF REEFLECTIONN: Mayor.S. Hughe assumed the Chair nd called he meetin to order fllowed by a HHssaattggoo privaterayer/moent of reflction. ppmmee 122 Pageoof Page 9 of 450 6a) Council Meeting Minutes – July 11, 2012. 2.ADOPTION OF AGENDA: a) Motion to Adopt the Agenda. Motion No. C120711-1 Moved by Lancaster, Seconded by Crawford Be it resolved that the agenda for the Council meeting of Wednesday, July 11, 2012 be received and adopted, as amended to add Items: 10h) Report No. TES2012-022, Jerry Ball, Director of Transportat Services re: Water Service Connection Agreement for Mr. Smockum [Refer to Item 15g)]; 13h) Tough Mudder, Request for Municipal Significant Designation, August 18-19, 2012, Mt. St. Louis Moonstone Ski Resort; and 15g) A By-law to Enter into a Water Service Connection Agreement Corporation of the Township of Oro-Medonte and Gary Smockum Conc. 7 Plan 967 Lot 62, Roll # 4346-010-009-34400 169 Lakeshore Road West Township of Oro-Medonte, County of Simcoe. Carried. 3.DISCLOSURE OF PECUNIARY INTEREST: None declared. 4.CLOSED SESSION ITEMS: a) Motion to go In Closed Session. Motion No. C120711-2 Moved by Meyer, Seconded by Coutanche Be it resolved that we do now go in Closed Session at 9:11 a.m. to discuss • acquisition/disposition of land; • personal matter affecting an identifiable individual; • litigation affecting the municipality. Carried. 222 Page of Page 10 of 450 6a) Council Meeting Minutes – July 11, 2012. b) Motion to Rise and Report. Motion No. C120711-3 Moved by Crawford, Seconded by Lancaster Be it resolved that we do now Rise at 10:00 a.m. and Report on the Closed Session Items 4 c) Donna Hewitt, Director of Corporate & Strategic Initiatives and Shawn Binns, Director of Recreation and Community Services re: Acquisition/disposition of land (Nurse Practitioner Clinic). e) Robin Dunn, Chief Administrative Officer re: Personal matter about an identifiable individual (Staffing Update). and that Closed Session Items 4 d) Shawn Binns, Director of Recreation and Community Services r Acquisition/disposition of land (Parkland Acquisition). f) Jerry Ball, Director of Transportation and Environmental Services re: Litigation affecting the municipality (West 1/2 Lot 11, Concession 8). g) Doug Irwin, Director of Corporate Services/Clerk re: Acquisition/disposition of land (Forrester Road). be brought forward to Item 17 Closed Session Items (Unfinished Items). Carried. c) Donna Hewitt, Director of Corporate & Strategic Initiatives and Shawn Binns, Director of Recreation and Community Services re: Acquisition/disposition of land (Nurse Practitioner Clinic). The following staff were present: Robin Dunn, Chief Administrative Officer; Doug Irwin, Director of Corporate Services/Clerk; Donna Hewitt, Director of Corporate & Strategic Initiatives; Shawn Binns, Director of Recreation and Community Services. Motion No. C120711-4 Moved by Coutanche, Seconded by Meyer Be it resolved 1. That Confidential Report No. CSI2012-03, Donna Hewitt, Director of Corporate & Strategic Initiatives and Shawn Binns, Director of Recreation and Community Services re: Acquisition/disposition of land (Nurse Practitioner and adopted. 2. And That staff proceed as directed by Council. Carried. 322 Page of Page 11 of 450 6a) Council Meeting Minutes – July 11, 2012. d) Shawn Binns, Director of Recreation and Community Services re: Acquisition/disposition of land (Parkland Acquisition). The following staff were present: Robin Dunn, Chief Administrative Officer; Doug Irwin, Director of Corporate Services/Clerk; Shawn Binns, Director of Recreation and Community Services; Andria Leigh, Director of Development Services; Jerry Ball, Director of Transportation and Environmental Services; Janette Teeter, Deputy Clerk. Motion No. C120711-5 Moved by Lancaster, Seconded by Coutanche Be it resolved 1. That Confidential Report No. RC2012-16, Shawn Binns, Director of Recreation and Community Services re: Acquisition/disposition of land (Parkland Acquisition) be received and adopted. 2. And That staff proceed as directed by Council. Carried. e) Robin Dunn, Chief Administrative Officer re: Personal matter about an identifiable individual (Staffing Update). The Clerk delegated his authority under Section 228(4) of the Municipal Act, S.O. 2001, c.25, as amended, with regard to the Closed Session discussion of the July 11, 2012 Council Meeting, Agenda Item 4e) [Robin Dunn, Chief Administrative Officer, re: Personal matters about an identifiable individual (Staffing Update)] to Robin Dunn, Chief Administrative Officer of the Township of Oro-Medonte. The following staff was present: Robin Dunn, Chief Administrative Officer. Motion No. C120711-6 Moved by Meyer, Seconded by Coutanche Be it resolved that the confidential verbal information presented by Robin Dunn, Chief Administrative Officer re: Personal matter about an identifiable individual (Staffing Update) be received. Carried. 422 Page of Page 12 of 450 6a) Council Meeting Minutes – July 11, 2012. f) Jerry Ball, Director of Transportation and Environmental Services re: Litigation affecting the municipality (West 1/2 Lot 11, Concession 8). 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; Motion No. C120711-7 Moved by Crawford, Seconded by Lancaster Be it resolved 1. That Confidential Report No. TES2012-21, Jerry Ball, Director of Transportation and Environmental Services re: Litigation affecting the municipality (West 1/2 Lot 11, Concession 8) be received and adopted. 2. And that staff proceed as outlined in Confidential Report No. TES2012-21. Carried. g) Doug Irwin, Director of Corporate Services/Clerk re: Acquisition/disposition of land (Forrester Road). The following staff were present: Doug Irwin, Director of Corporate Services/Clerk; Andria Leigh, Director of Development Services; Motion No. C120711-8 Moved by Coutanche, Seconded by Meyer Be it resolved 1. That the confidential correspondence dated July 5, 2012 from Davis Webb LLP and presented by Doug Irwin, Director of Corporate Services/Clerk re: Acquisition/disposition of land (Forrester Road) be received. 2. That Council declines the offer contained in the July 5, 2012 correspondence. 3. That Council re-affirms its decision of May 23, 2012 documented in Motion No. C120523-7. 4. That the applicant has until August 3, 2012 to accept the Township's proposal of March 8, 2012. 5. And That the applicant be advised of Council's decision under the Director of Corporate Services/Clerk's signature. Carried. 5.IDENTIFICATION FROM THE PUBLIC OF AN AGENDA ITEM OF INTEREST: 522 Page of Page 13 of 450 6a) Council Meeting Minutes – July 11, 2012. 6.MINUTES OF COUNCIL AND COMMITTEES: a) Minutes of Council meeting held on June 27, 2012. Motion No. C120711-9 Moved by Evans, Seconded by Lancaster Be it resolved that the draft minutes of the Council meeting held on Wednesday, June 27, 2012 be adopted as printed and circulated. Carried. b) Minutes of Special Council meeting held on July 5, 2012. Motion No. C120711-10 Moved by Meyer, Seconded by Coutanche Be it resolved that the draft minutes of Special Council meeting held on July 5, 2012 be adopted as printed and circulated. Carried. c) Minutes of Human Resources Committee meeting held on July 5, 2012. Motion No. C120711-11 Moved by Evans, Seconded by Lancaster Be it resolved that the draft minutes of Human Resources Committee meeting held on July 5, 2012 be received. Carried. d) Minutes of Oro-Medonte History Association meeting held on May 14, 2012. Motion No. C120711-12 Moved by Coutanche, Seconded by Meyer Be it resolved that the minutes of Oro-Medonte History Association meeting held on May 14, 2012 be received. Carried. 7.RECOGNITION OF ACHIEVEMENTS: None. 622 Page of Page 14 of 450 6a) Council Meeting Minutes – July 11, 2012. 8.PUBLIC MEETINGS: None. 9.DEPUTATIONS: a) James Swan, Ontario Association of Cardiology, re: Impact of the New OHIP Fee Schedule on Ontario Cardiology Patients Adverse Affect on Patients in Your Community beginning July 1, 2012. A PowerPoint presentation was presented. Council consented to allow Clem Nieman to make comments on the matter. Motion No. C120711-13 Moved by Evans, Seconded by Lancaster Be it resolved 1. That the correspondence dated June 20, 2012 and PowerPoint presentation presented by Dr. James Swan, Ontario Association of Cardiology, re: Impact of the New OHIP Fee Schedule on Ontario Cardiology Patients Adverse Aff in Your Community beginning July 1, 2012 be received. 2. That the Council of the Township of Oro-Medonte supports the Ontario Association of Cardiologists (OAC), in principle, in its petition to the Province to rescind regulations to cut OHIP fees for cardiac diagnostic services in implement the OAC’s new standards of echocardiology and work cooperatively to develop a new funding agreement. 3. And That the Province be advised of Council’s decision under the Mayor’s signature. Carried Unanimously. b) Kerry Plumley re: Line 6 North Hill. A PowerPoint presentation was presented.A petition was presented to the Clerk. Motion No. C120711-14 Moved by Meyer, Seconded by Coutanche Be it resolved that the correspondence dated May 21, 2012, PowerPoint presentation and petition presented by Kerry Plumley re: Line 6 North Hill be received. Carried. 722 Page of Page 15 of 450 6a) Council Meeting Minutes – July 11, 2012. 10.REPORTS OF MUNICIPAL OFFICERS: a) Report No. FI2012-15, Paul Gravelle, Director of Finance/Treasurer/Deputy CAO re: Statement of Accounts - June 30, 2012. Motion No. C120711-15 Moved by Evans, Seconded by Lancaster Be it resolved 1. That Report No. FI2012-15, Paul Gravelle, Director of Finance/Treasurer/Deputy CAO re: Statement of Accounts - June 30, 2012 be received for information only. 2. And That the accounts for the month of June 2012 totalling 6,889,792.76 be received. Carried. b) Report No. DS 2012-37, Andria Leigh, Director of Development Official Zoning By-law Amendment 2012-ZBA-05, General Kennel Zoning By-law Amendment, Township of Oro-Medonte. Motion No. C120711-16 Moved by Coutanche, Seconded by Meyer Be it resolved 1. That Report No. DS 2012-37, Andria Leigh, Director of Development Services re: Proposed Official Zoning By-law Amendment 2012-ZBA-05, General Kennel Zoning By-law Amendment, Township of Oro-Medonte be received and adopted. 2. And That a Public Meeting in respect to the proposed General Kennel Zoning By-law Amendment be scheduled. Carried. 822 Page of Page 16 of 450 6a) Council Meeting Minutes – July 11, 2012. c) Donna Hewitt, Director of Corporate & Strategic Initiatives and Shawn Binns, Director of Recreation and Community Services re: Jan Novak, Fred Hummel, 2012 Images Studio Tour re: Request for Grant/Subsidy [deferred from June 27, 2012 meeting]. Motion No. C120711-17 Moved by Crawford, Seconded by Lancaster Be it resolved 1. That the information presented by Donna Hewitt, Director of Corporate & Strategic Initiatives and Shawn Binns, Director of Recreation and Community Services re: Jan Novak, Fred Hummel, 2012 Images Studio Tour re: Request for Grant/Subsidy be received. 2. That the 2012 Images Studio Tour grant/subsidy request be denied. 3. That the Township provide in-kind advertising of the event as previously identified. 4. And That the applicant be advised of Council's decision under the Mayor's signature immediately. Carried. Motion No. C120711-18 Moved by Meyer, Seconded by Coutanche Be it resolved 1. That the Township purchase advertising in the 2012 Images Studio Tour brochure at a cost of up to $1,500.00. 2. That the expenditure be funding from the "Advertising and Trade Show" budget allocation. 3. And That the applicant be advised of Council's decision under the Director of Corporate & Strategic Initiatives' signature. Carried. Motion No. C120711-19 Moved by Evans, Seconded by Meyer Be it resolved that Rule 3.7 of Procedural By-law 2011-011 be suspended in order to allow the meeting to proceed past the normal adjournment hour of 1:00 p.m. Carried. Council recessed at 12:36 p.m. and reconvened at 1:10 p.m. 922 Page of Page 17 of 450 6a) Council Meeting Minutes – July 11, 2012. d) Report No. RC2012-15, Shawn Binns, Director of Recreation and Community Services re: Facility Rental Regulations/Conditions, Oro-Medonte Community Arena. Motion No. C120711-20 Moved by Coutanche, Seconded by Meyer Be it resolved 1. That Report No. RC2012-15, Shawn Binns, Director of Recreation and Community Services re: Facility Rental Regulations/Conditions, Oro-Medonte Community Arena be received and adopted. 2. That Policy POL-PR-06, "Facility Rental Regulations/Conditions Oro-Medonte Community Arena" be amended as outlined in Report No. RC2012-15 immediately. 3. And That the Director of Recreation and Community Services notify the respective organizations accordingly. Carried. e) Report No. TES2012-18, Jerry Ball, Director of Transportation and Environmental Services re: Warminster Water System Agreement and Tender for Reservoir Upgrades [Refer to Item 15f)]. Motion No. C120711-21 Moved by Lancaster, Seconded by Crawford Be it resolved 1. That Report No. TES2012-18, Jerry Ball, Director of Transportation and Environmental Services re: Warminster Water System Agreement and Tender for Reservoir Upgrades be received and adopted. 2. That the Warminster Water Reservoir Upgrades Tender is awarded to Peak Engineering, in the amount of $725,600.00, plus HST. 3. That the Mayor and Clerk be authorized to execute the Warminster Water System Upgrades Cost Sharing Agreement. 4. That the appropriate by-law be brought forward for Council's consideration. 5. And that the Director of Transportation and Environmental Services proceed accordingly and advise the respective tender submissions of Council's decision. Carried. 1022 Page of Page 18 of 450 6a) Council Meeting Minutes – July 11, 2012. f) Report No. TES2012-19, Jerry Ball, Director of Transportation and Environmental Services re: Drainage Concerns - Line 12 North (Lot 16, Conc. 13) - Jermey Farm. Council consented to allow Mr. Jermey to speak on the matter. Motion No. C120711-22 Moved by Coutanche, Seconded by Evans Be it resolved that the motion with respect to Report No. TES2012-19, Jerry Ball, Director of Transportation and Environmental Services re: Drainage Concerns – Line 12 North (Lot 16, Conc. 13) – Jermey Farm be deferred to enable staff to investigate further and report back accordingly. Carried. Motion No. C120711-23 Moved by Coutanche, Seconded by Meyer Be it resolved 1. That Report No. TES2012-19, Jerry Ball, Director of Transportation and Environmental Services re: Drainage Concerns - Line 12 North (Lot 16, Conc. 13) - Jermey Farm be received and adopted. 2. That the request for ditching on Line 12 North, at the Jermey Farm, be denied at this time. 3. That staff continue to monitor the water flow during heavy rain events, and spring thaw seasons. 4. And That Mr. Jermey be advised of Council's decision under the Director of Transportation and Environmental Services' signature. Deferred. g) Report No. TES2012-20, Jerry Ball, Director of Transportation and Environmental Services re: Laurel View Subdivision (Landscapes Phase 1), Resid Decorative Streetlights. Council consented to allow the Developer to speak on the matter. Motion No. C120711-24 Moved by Coutanche, Seconded by Meyer Be it resolved that the motion with respect to Report No. TES2012-20, Jerry Ball, Director of Transportation and Environmental Services re: Laurel View Subdivision (Landscapes Phase 1), Resident Request for Decorative Streetlight be deferred to enable staff and the Developer to liaise on the matter. Carried. 1122 Page of Page 19 of 450 6a) Council Meeting Minutes – July 11, 2012. Motion No. C120711-25 Moved by Evans, Seconded by Lancaster Be it resolved 1. That Report No. TES2012-20, Jerry Ball, Director of Transportation and Environmental Services re: Laurel View Subdivision (Landscapes Phase 1), Resident Request for Decorative Streetlight be received and adopted. 2. That the request to upgrade the standard streetlights in Laurel View Homes Phase 1, to decorative streetlights, be denied. 3. That Horseshoe Valley Lands Limited be instructed to remove the decorative lights installed in Landscapes Phase 2 A, and install the standard streetlights as approved by the Township Engineer, or contribute funds to replace the lights in Phase 1 with decorative lights. 4. And That Mr. Ron Loibl be advised of the Township’s decision under the signature of the Director of Transportation and Environmental Services. Deferred. h) Report No. TES2012-022, Jerry Ball, Director of Transportation and Environmental Services re: Water Service Connection Agreement for Mr. Smockum [Refer to Item 15g)]. Motion No. C120711-26 Moved by Meyer, Seconded by Coutanche Be it resolved 1. That Report No. TES2012-22, Jerry Ball, Director of Transportation and Environmental Services re: Water Service Connection Agreement for Mr. Smockum be received and adopted. 2. That the Township of Oro-Medonte enter into a Water Service Connection Agreement with Mr. Smockum for #169 Lakeshore Road West. 3. That the Clerk prepares a By-law for Council’s consideration. 4. And That Mr. Smockum be notified of Council’s decision under the Director of Transportation and Environmental Services' signature. Carried. 1222 Page of Page 20 of 450 6a) Council Meeting Minutes – July 11, 2012. 11.REPORTS OF MEMBERS OF COUNCIL: a) Councillor Coutanche re: Lake Simcoe Region Conservation Authority re: 2012 Conservation Awards - Celebrating Watershed Heroes. Motion No. C120711-27 Moved by Meyer, Seconded by Lancaster Be it resolved that the correspondence dated July 4, 2012 and presented by Councillor Coutanche re: Lake Simcoe Region Conservation Authority re: 2012 Conservation Awards - Celebrating Watershed Heroes be received. Carried. b) Mayor H.S. Hughes, re: The Queen's Diamond Jubilee Medal Program. Motion No. C120711-28 Moved by Coutanche, Seconded by Meyer Be it resolved 1. That the correspondence dated March 19, 2012 and presented by Mayor H.S. Hughes, re: The Queen's Diamond Jubilee Medal Program be receive 2. That Maya Burhanpurkar and Tim Crawford be nominated for the Queen's Diamond Jubilee Medal Program. 3. And That the CAO's office liaise with Simcoe North M.P. Bruce Stanton's office with respect to the Township's respective submissions. Carried. 1322 Page of Page 21 of 450 6a) Council Meeting Minutes – July 11, 2012. 12.CONSENT AGENDA: a) Announcements of Interest to the Public: 1. Oro-Medonte Fire & Rescue, Ice Floe Slo-Pitch Tournament, Lions Ball Diamonds (Behind Oro-Medonte Community Centre, 71 Line 4 North), Saturday, July 14, 2012. 2. Carley Community Hall, Centennial Celebration and Official Recognition Event of the Ontario Trillium Foundation Grant, Saturday, August 18, 2012 12:30 p.m., 396 Warminster Sideroad, between Line 8 and Line 9 (north of Horseshoe Valley Road). b) Nottawasaga Valley Conservation Authority, minutes of May 25, 2012 meeting and board highlights of June 22, 2012 meeting. Staff Recommendation: Receive. c) Minutes of Lake Simcoe Region Conservation Authority meeting held on May 25, 2012. Staff Recommendation: Receive. d) Minutes of Midland Public Library Board meeting held on May 10, 2012. Staff Recommendation: Receive. e) Orillia Public Library, minutes Annual Meeting held on April 27, 2011; 2011 Annual Report and minutes of May 23, 2012 meeting. Staff Recommendation: Receive. f) Correspondence dated July 4, 2012 from Brad Obee, President, Simcoe County Off Road Riders Association re: Midhurst Trail Ride, June 24, 2012. Staff Recommendation: Receive. Motion No. C120711-29 Moved by Evans, Seconded by Lancaster Be it resolved that the staff recommendations with respect to the items listed under "Consent Agenda Correspondence" be adopted as printed: a) Announcements of Interest to the Public: 1. Oro-Medonte Fire & Rescue, Ice Floe Slo-Pitch Tournament, Lions Ball Diamonds (Behind Oro-Medonte Community Centre, 71 Line 4 North), Saturday, July 14, 2012. 2. Carley Community Hall, Centennial Celebration and Official Recognition Event of the Ontario Trillium Foundation Grant, Saturday, August 18, 2012 12:30 p.m., 396 Warminster Sideroad, between Line 8 and Line 9 (north of Horseshoe Valley Road). b) Nottawasaga Valley Conservation Authority, minutes of May 25, 2012 meeting and board highlights of June 22, 2012 meeting. Received. 1422 Page of Page 22 of 450 6a) Council Meeting Minutes – July 11, 2012. c) Minutes of Lake Simcoe Region Conservation Authority meeting held on May 25, 2012. Received. d) Minutes of Midland Public Library Board meeting held on May 10, 2012. Received. e) Orillia Public Library, minutes Annual Meeting held on April 27, 2011; 2011 Annual Report and minutes of May 23, 2012 meeting. Received. f) Correspondence dated July 4, 2012 from Brad Obee, President, Simcoe County Off Road Riders Association re: Midhurst Trail Ride, June 24, 2012. Received. Carried. 13.COMMUNICATIONS: a) Correspondence dated June 8, 2012 from Ward Tomkin, on behalf of Goss Beach Cottagers' Association re: Request to Maintain Goss Road. Motion No. C120711-30 Moved by Coutanche, Seconded by Meyer Be it resolved that the correspondence dated June 8, 2012 from Ward Tomkin, on behalf of Goss Beach Cottagers' Association re: Request to Maintain Goss Road be received and referred to staff for a report. Carried. b) Correspondence dated May 25, 2012 from Tony Keene re: Peacekeepers Day, Thursday, August 9, 2012. Motion No. C120711-31 Moved by Crawford, Seconded by Lancaster Be it resolved 1. That the correspondence dated May 25, 2012 from Tony Keen re: Peacekeepers Day, Thursday, August 9, 2012 be received. 2. And That the CAO's office liaise with Mr. Keene accordingly. Carried. 1522 Page of Page 23 of 450 6a) Council Meeting Minutes – July 11, 2012. c) Correspondence dated June 22, 2012 from Marco Campana, Outreach & Learning Coordinator, Mountain Equipment Co-op, re: Summer Classic 5km/10km Road Race, Sunday, July 29, 2012, 9:00am-1:00pm, 15/16 Sideroad, between Line 7 North and Line 11 North. Motion No. C110711-32 Moved by Lancaster, Seconded by Crawford Be it resolved 1. That the correspondence dated June 22, 2012 from Marco Campana, Outreach & Learning Coordinator, Mountain Equipment Co-op, re: Summer Classic 5km/10km Road Race, Sunday, July 29, 2012, 9:00am-1:00pm, 15/16 Sideroad, between Line 7 North and Line 11 North be received. 2. That the applicant work with the Director of Transportation and Environmental Services and the Chief Municipal Law Enforcement Officer with respect to signage and parking. 3. That the applicant provide proof of insurance naming the Township of Oro-Medonte as a third party in the amount of $5,000,000.00. 4. That the applicant provides appropriate approval from the Ontario Provincial Police. 5. That the applicant provides appropriate notification to the Township Fire & Emergency Services and Municipal Law Enforcement Officers, residents and businesses affected. 6. That the applicant works with the Oro-Medonte Chamber of Commerce to promote local businesses and area accommodations. 7. And That the applicant be advised of Council's decision under the Director of Recreation and Community Services' signature. Carried. d) Correspondence dated July 4, 2012 from Don Campbell, President, Oro Agricultural Society re: Request for Use of Township Garage, September 11-15, 2012. Motion No. C120711-33 Moved by Meyer, Seconded by Coutanche Be it resolved 1. That the correspondence dated July 4, 2012 from Don Campbell, President, Oro Agricultural Society re: Request for Use of Township Garage, September 11-15, 2012 be received. 2. That the Oro Agricultural Society be granted the use of the Township's Garage at the South Yard from September 11-15, 2012 in conjunction with the Oro World's Fair. 3. And That applicant be notified of Council's decision under the Director of Transportation and Environmental Services' signature. Carried. 1622 Page of Page 24 of 450 6a) Council Meeting Minutes – July 11, 2012. e) Correspondence dated July 5, 2012 from The Honourable Gary Goodyear, Federal Economic Development Agency for South Ontario re: Press Release, Minister Goodyear Launches the Community Infrastructure Improvement Fund in Ontario. Motion No. C120711-34 Moved by Lancaster, Seconded by Evans Be it resolved 1. That the correspondence dated July 5, 2012 from The Honourable Gary Goodyear, Federal Economic Development Agency for South Ontario re: Press Release, Minister Goodyear Launches the Community Infrastructure Improvement Fund in Ontario be received 2. That the FEDDEV Ontario Community Infrastructure Improvement Fund (CIFF) Application for the Township of Oro-Medonte Community Centre be endorsed by the Council of the Township of Oro-Medonte. 3. And That the Director of Recreation and Community Services proceed accordingly. Carried. f) Correspondence dated June 26, 2012 from Cal Patterson, Warden, County of Simcoe re: Draft Simcoe County Food and Agriculture Charter - Version 1. Motion No. C120711-35 Moved by Coutanche, Seconded by Meyer Be it resolved that the correspondence dated June 26, 2012 from Cal Patterson, Warden, County of Simcoe re: Draft Simcoe County Food and Agriculture Charter - Version 1 be received. Carried. g) Correspondence dated June 18, 2012 from Diane & Ron Suwala re: Line 5 North (between Horseshoe Valley Road and Bass Lake Sideroad). Motion No. C120711-36 Moved by Meyer, Seconded by Coutanche Be it resolved that the correspondence dated June 18, 2012 from Diane & Ron Suwala re: Line 5 North (between Horseshoe Valley Road and Bass Lake Sideroad) be received. Carried. 1722 Page of Page 25 of 450 6a) Council Meeting Minutes – July 11, 2012. h) Tough Mudder, Request for Municipal Significant Designation, August 18-19, 2012, Mt. St. Louis Moonstone Ski Resort. Motion No. C120711-37 Moved by Lancaster, Seconded by Crawford Be it resolved 1. That the information presented by Shawn Binns, Director of Recreation and Community Services, re: Tough Mudder Event, Request for Municipa Designation, August 18-19, 2012, Mt. St. Louis Moonstone Ski Resort" be received. 2. That the Council of the Township of Oro-Medonte designates the Tough Mudder Event at Mt. St. Louis Moonstone Ski Resort to be a “municipally significant” event. 3. And that the applicant be advised accordingly, under the Mayor’s signature, to assist them in their application to the Alcohol Gaming Commission of Ontario. Carried. 14.NOTICE OF MOTIONS: None. 15.BY-LAWS: a) By-Law No. 2012-123, Being a By-Law to Authorize the Execution of a Municipal Highway Best Efforts Agreement (7th Line from Highway 11 north to Horseshoe Valley Road/County Road 22) Between the Township of Oro-Medonte and the County of Simcoe [deferred from June 27, 2012 meeting]. b) By-Law No. 2012-129, A By-law to Amend By-law 2010-201, “Being a By-law to Appoint Building Inspectors”. c) By-Law No. 2012-130, Being a By-law to Amend By-Law No. 2012-090, “Being a By- Law to Appoint Municipal Law Enforcement Officers/Provincial Offences Officers”. d) By-Law No. 2012-131, A By-Law to Permanently Close and Sell part of original road allowance between Lots 15 and 16, Concession 10 (Oro); lying east of the limit between the east half and west half of Lots 15 and 16, Concession 10, and west of the forced road through Lot 16, Concession 10, Oro-Medonte (PIN 58540-0138(LT)); more particularly described as Parts 5 and 6, Plan 51R-38381, Township of Oro- Medonte, County of Simcoe. 1822 Page of Page 26 of 450 6a) Council Meeting Minutes – July 11, 2012. e) By-Law No. 2012-135, Being a By-Law to Authorize the Execution of a Pre-Servicing Agreement with Horseshoe Valley Lands Ltd. - Part of Lots 3 and 4, Concession 4, being all of PIN #58537-0088(LT), Township of Oro-Medonte, County of Simcoe. f) By-Law No. 2012-136, A By-law to Authorize the Execution of a Cost Sharing Agreement between The Corporation of the Township of Oro-Medonte and 2063334 Ontario Inc. and South Shore Isabella Estates Inc. g) By-Law No. 2012-137, A By-law to Enter into a Water Service Connection Agreement between The Corporation of the Township of Oro-Medonte and Gary Smockum Conc. 7 Plan 967 Lot 62, Roll # 4346-010-009-34400 169 Lakeshore Road West Township of Oro-Medonte, County of Simcoe. Motion No. C120711-38 Moved by Evans, Seconded by Lancaster Be it resolved that By-Law No. 2012-123, Being a By-Law to Authorize the Execution of a Municipal Highway Best Efforts Agreement (7th Line from Highway 11 north to Horseshoe Valley Road/County Road 22) Between the Township of Oro-Medonte and the County of Simcoe be deferred to a future meeting of Council. Carried. Motion No. C120711-39 Moved by Meyer, Seconded by Coutanche Be it resolved that the following by-laws: b) By-Law No. 2012-129, A By-law to Amend By-law 2010-201, “Being a Bylaw to Appoint Building Inspectors”. c) By-Law No. 2012-130, Being a By-law to Amend By-Law No. 2012-090, “Being a By- Law to Appoint Municipal Law Enforcement Officers/Provincial Offences Officers”. d) By-Law No. 2012-131, A By-Law to Permanently Close and Sell part of original road allowance between Lots 15 and 16, Concession 10 (Oro); lying east of the limit between the east half and west half of Lots 15 and 16, Concession 10, and west of the forced road through Lot 16, Concession 10, Oro-Medonte (PIN 58540-0138(LT)); more particularly described as Parts 5 and 6, Plan 51R-38381, Township of Oro- Medonte, County of Simcoe. e) By-Law No. 2012-135, Being a By-Law to Authorize the Execution of a Pre-Servicing Agreement with Horseshoe Valley Lands Ltd. - Part of Lots 3 and 4, Concession 4, being all of PIN #58537-0088(LT), Township of Oro-Medonte, County of Simcoe. 1922 Page of Page 27 of 450 6a) Council Meeting Minutes – July 11, 2012. f) By-Law No. 2012-136, A By-law to Authorize the Execution of a Cost Sharing Agreement between The Corporation of the Township of Oro-Medonte and 2063334 Ontario Inc. and South Shore Isabella Estates Inc. g) By-Law No. 2012-137, A By-law to Enter into a Water Service Connection Agreement between The Corporation of the Township of Oro-Medonte and Gary Smockum Conc. 7 Plan 967 Lot 62, Roll # 4346-010-009-34400 169 Lakeshore Road West Township of Oro-Medonte, County of Simcoe. be read a first, second and third time, be engrossed by Clerk, s Mayor. Carried. 16.QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM: 17.CLOSED SESSION ITEMS (UNFINISHED ITEMS): a) Motion to go In Closed Session. Motion No. C120711-40 Moved by Lancaster, Seconded by Evans Be it resolved that we do now go in Closed Session at 1:50 p.m. to discuss • acquisition/disposition of land; • litigation affecting the municipality. Carried. 2022 Page of Page 28 of 450 6a) Council Meeting Minutes – July 11, 2012. b) Motion to Rise and Report. Motion No. C120711-41 Moved by Crawford, Seconded by Lancaster Be it resolved that we do now Rise at 3:08 p.m. and Report on the Closed Session Items 4 d) Shawn Binns, Director of Recreation and Community Services r Acquisition/disposition of land (Parkland Acquisition). f) Jerry Ball, Director of Transportation and Environmental Services re: Litigation affecting the municipality (West 1/2 Lot 11, Concession 8). g) Doug Irwin, Director of Corporate Services/Clerk re: Acquisition/disposition of land (Forrester Road). Carried. Please refer to Items 4d), f) and g). 18.CONFIRMATION BY-LAW: a) By-Law No. 2012-126, Being a by-law to confirm the proceedings of the Council meeting held on Wednesday, July 11, 2012. Motion No. C120711-42 Moved by Lancaster, Seconded by Meyer Be it resolved that By-Law No. 2012-126, being a by-law to confirm the proceedings of the Council meeting held on Wednesday, July 11, 2012 be read a f time, passed, be engrossed by the Clerk, signed and sealed by th Carried. 2122 Page of Page 29 of 450 6a) Council Meeting Minutes – July 11, 2012. 19.ADJOURNMENT: a) Motion to Adjourn. Motion No. C120711-43 Moved by Coutanche, Seconded by Meyer Be it resolved that we do now adjourn at 3:12 p.m. Carried. ____________________________ ____________________________ Mayor, H.S. Hughes Clerk, J. Douglas Irwin 2222 Page of Page 30 of 450 6b) THE TOOWNSHIPOF ORO-MMEDONTE SPECIALL COUNCILL MEETINGG MINUTESS CouncilChamberss Mondayy, July 16, 2012TIMEE: 10:05 a..m. 2010 - 22014 COUNNCIL Presentt: MayorH.S. Hughees Counciillor Mel Cooutanche Councllor Kelly eyer iiMM Councllor Marty ancaster iiLL Councllor John rawford iiCC Counciillor Dwightt Evans Regretss: Deputyy Mayor Ralph Hough Staff RobinDDunn, Chieef Administrrative Officeer; Andria LLeigh, Direcctor of Presentt:Develpment Serices; Jerr Ball, Diretor of Trasportationand oovvyyccnn Enviromental Srvices; Shwn Binns, Director o Recreatio and nneeaaffnn Community Servies; Tamaa Obee, Manager Helth & Safty, Human ccrraaee Resourrces; Janettte Teeter, DDeputy Clerk; Samah Othman,EExecutive Assistaant, Corporaate Commuunications SSpecialist;KKees Kort, Hicks Morley Hamiltoon Stewart Storie LLP (via telecoonferenceccall) Also None Presentt: 1.CALL TO ORDER - PRIVAATE PRAYYER/MOMEENT OF REEFLECTIONN: MayorHH.S. Hughess assumed the Chair aand called tthe meetingg to order foollowed by a privaterayer/moent of reflction. ppmmee 114 Page of Page 31 of 450 6b) Special Council Meeting Minutes – July 16, 2012. 2.ADOPTION OF AGENDA: a) Motion to Adopt the Agenda. Motion No. SC120716-1 Moved by Crawford, Seconded by Lancaster Be it resolved that the agenda for the Special Council meeting of Monday July 16, 2012 be received and adopted. Carried. 3.DISCLOSURE OF PECUNIARY INTEREST: None declared. 4.CLOSED SESSION ITEMS: a) Motion to go In Closed Session. Motion No. SC120716-2 Moved by Meyer, Seconded by Coutanche Be it resolved that we do now go in Closed Session at 10:05 a.m. to discuss • labour relations/employee negotiations; and • personal matters about an identifiable individual. Carried. b) Motion to Rise and Report. Motion No. SC120716-3 Moved by Evans, Seconded by Crawford Be it resolved that we do now Rise at 11:41 a.m. and Report on the Closed Session Items 4 c) Robin Dunn, Chief Administrative Officer re: Labour relations/employee negotiations (Collective Bargaining); and d) Councillor Dwight Evans, re: Personal matters about an identifiable individual (Event Protocols). Carried. 24 Page of Page 32 of 450 6b) Special Council Meeting Minutes – July 16, 2012. c) Robin Dunn, Chief Administrative Officer re: Labour relations/employee negotiations (Collective Bargaining). The following staff were present: Robin Dunn, Chief Administrative Officer; Janette Teeter, Deputy Clerk; Andria Leigh, Director of Development Services; Jerry Ball, Director of Transportation and Environmental Services; Tamara Obee, Manager, Health & Safety, Human Resources. Kees Kort, Hicks Morley Hamilton Stewart Storie LLP, participated via teleconference call. Motion No. SC120716-4 Moved by Coutanche, Seconded by Meyer Be it resolved that the confidential verbal information presented by Robin Dunn, Chief Administrative Officer and correspondence dated June 12, 2012 re: Labour relations/employee negotiations (Collective Bargaining) be received; and that staff proceed accordingly as directed by Council. Carried. d) Councillor Dwight Evans, re: Personal matters about an identifiable individual (Event Protocols). The following staff were present: Robin Dunn, Chief Administrative Officer; Janette Teeter, Deputy Clerk; Shawn Binns, Director of Recreation and Community Services; Samah Othman, Corporate Communications Specialist/Executive Assistant. Motion No. SC120716-5 Moved by Crawford, Seconded by Lancaster Be it resolved that the confidential verbal information presented by Councillor Dwight Evans, re: Personal matters about an identifiable individual (Event Protocols) be received. Carried. The following video clip was presented in Open Session: http://www.ctvbarrie.ca/2012/07/saturday-july-14-2012-ctvnews6-webcast/. 34 Page of Page 33 of 450 6b) Special Council Meeting Minutes – July 16, 2012. 5.CONFIRMATION BY-LAW: a) By-Law No. 2012-138, Being a by-law to confirm the proceedings of the Special Council meeting held on Monday, July 16, 2012. Motion No. SC120716-6 Moved by Meyer, Seconded by Coutanche Be it resolved that By-Law No. 2012-138, being a by-law to confirm the proceedings of the Special Council meeting held on Monday, July 16, 2012 be read a first, second and third time, passed, be engrossed by the Deputy Clerk, signed and sealed by the Mayor. Carried. 6.ADJOURNMENT: a) Motion to Adjourn. Motion No. SC120716-7 Moved by Lancaster, Seconded by Evans Be it resolved that we do now adjourn at 11:45 a.m. Carried. ____________________________ ____________________________ Mayor, H.S. Hughes Deputy Clerk, Janette Teeter 44 Page of Page 34 of 450 6c) THE TWNSHIPOF ORO-EDONTE OOMM COMITTEEF ADJUSMENT MMOOTT MEETINGG MINUTESS CouncilChamberss Thursdaay, July 199, 2012TIMEE: 10:05 a..m. Presentt: Scott Maccpherson,CChair Brucce Chappeell llan Johnson Ro Hastings Ayy Larry Tuling pp Staff present: Alan Wiebbe, Secretaary Treasurrer/Intermeddiate Plannner Marie Brisssette, Commmittee Coordinator 1.OPEENING OF MMEETING: Scott Mcphersonassumed te Chair ad called the meeting to order. aahhnnh 2.ADOOPTION OFF THE AGEENDA: a) Motion to Adoppt the Agenda. MotionNo. CA1200719-1 Movedy Tupling, Secondedby Hastins bbgg It is recoommendedthat the aggenda for thhe Committeee of Adjusstment meeeting held oon Thursdaay, July 19, 2012 be reeceived andd adopted. Carried. 3.DISCCLOSURE OF PECUNNIARY INTEREST: None dclared. ee 4.ADOOPTION OFF MINUTESS: a) Minuutes of the Committeee of Adjustmment meetinng held on TThursday,JJune 21, 20012. MotionNo. CA1200719-2 Movedy Hasting, Seconde by Johnson bbssdd It is recoommendedthat the miinutes of the Committeee of Adjusstment meeting of Thursday, June 21, 2012 be aadopted as printed andd circulatedd. Carried. 16 PPage of Page 35 of 450 6c) Committee of Adjustment Meeting Minutes – July 19, 2012. 5.PUBLIC MEETINGS: a) 2012-A-20 (Lawrence and Kimberly Crook) 1180 Line 2 South, Plan 104, Part Lot 9 Application for relief for: 1) For “Carport” (revision to 2008-A-21): accessory building in front yardand minimum required front yard setback;and 2) For “Garage” (new application): maximum height and maximum floor area. Lawrence Crook, applicant, was present. Motion No. CA120719-3 Moved by Johnson, Seconded by Hastings It is recommended that the Committee of Adjustment approves Variance Application 2012-A- 20, specifically, to permit the construction of a detached accessory building (a “garage”) with a floor area of 117.2 square metres and a height of 4.88 metres above grade, appear to meet the four tests of the Planning Act, subject to the following conditions: 1. That, notwithstanding Sections 5.18, 5.1.4, and 5.1.6 of Zoning By-law 97-95, as amended, the detached accessory building (the “garage”) shall otherwise comply with all other applicable provisions of the Zoning By-law; 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee’s decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report that the “garage”: a) Have a footprint not exceeding approximately 74 square metres; and b) Have a height above grade not exceeding approximately 4.88 metres. 3. That the detached accessory building (“garage”) be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; and 4. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee’s decision becomes final and binding, as provided by the Planning Act R.S.O. 1990, c.P. 13. Carried. 26 Page of Page 36 of 450 6c) Committee of Adjustment Meeting Minutes – July 19, 2012. b) 2012-A-21 (Roy and Freda Poirier) 360 Shanty Bay Road, Plan 1, East Part Block A Application for relief from accessory building in front yard, maximum height and maximum floor area. Roy Poirier, applicant, was present. Motion No. CA120719-4 Moved by Hastings, Seconded by Tupling It is recommended that the Committee of Adjustment approves Variance Application 2012-A- 21, specifically, to permit the construction of a detached accessory building in the front yard of a property with a floor area of 166 square metres and a height of 6.16 metres above grade, subject to the following conditions: 1. That, notwithstanding Sections 5.1.3 a) 5.1.4, and 5.1.6 of Zoning By-law 97-95, as amended, the detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; 2. That any use of the detached accessory building in association with a “Home Occupation” comply with Section 5.12 of the Zoning By-law. 3. 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 detached accessory building: a) Be located no closer to the front lot line than approximately 58 metres; b) Have a footprint not exceeding approximately 91.79 square metres; and c) Have a height above grade not exceeding approximately 6.16 metres. 4. That the detached accessory building be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; and 5. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee’s decision becomes final and binding, as provided by the Planning Act R.S.O. 1990, c.P. 13 Carried. 36 Page of Page 37 of 450 6c) Committee of Adjustment Meeting Minutes – July 19, 2012. c) 2012-A-23 - Robert Marchessault & Teresa Cullen 1088 15/16 Sideroad West, Concession 5, West Part Lot 16 Application for relief for accessory building in front yard and maximum lot coverage. Robert Marchessault, applicant, was present. Motion No. CA120719-5 Moved by Tupling, Seconded by Hastings It is recommended that the Committee of Adjustment approves Variance Application 2012-A- 23, specifically, to permit the construction of a detached accessory building in the front yard of a property, and where the total area on the lot occupied by detached accessory buildings and structures is approximately 5.4 percent, subject to the following conditions: 1. That, notwithstanding Sections 5.1.3 a) and 5.1.5 of Zoning By-law 97-95, as amended, the detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee’s decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report that a) The total area of the lot occupied by detached accessory buildings and structures not exceed approximately 5.4 percent of the area of the lot; and b) That the proposed detached accessory building be located no closer to the front lot line than approximately 18 metres;. 3. That the detached accessory building be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; and 4. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee’s decision becomes final and binding, as provided by the Planning Act R.S.O. 1990, c.P. 13. Carried. 46 Page of Page 38 of 450 6c) Committee of Adjustment Meeting Minutes – July 19, 2012. d) 2012-B-08 & 2012-B-09 - Susan Joanne Bateman 688 Line 9 North, Concession 9, Part Lots 16 & 17, RP 51R2726, Part 2 Applications for technical severances to create two (2) lots which existed as separate parcels of land. Application 2012-B-09 was withdrawn. No one was present on behalf of the Applicant. Motion No. CA120719-6 Moved by Chappell, Seconded by Johnson It is recommended that the Committee of Adjustment defers Consent Application 2012-B-08, due to revisions made by the applicant that result in changes to its purpose and effect, and to provide appropriate notice under the Planning Act of these changes. Carried. 6.NEW BUSINESS: None. 7.NOTICE OF MOTION: None. 8.NEXT MEETING DATE: Thursday, August 16, 2012 at 10:00 a.m. 56 Page of Page 39 of 450 6c) Committee of Adjustment Meeting Minutes – July 19, 2012. 9.ADJOURNMENT: a) Motion to Adjourn. Motion No. CA120719-7 Moved by Hastings, Seconded by Tupling It is recommended that we do now adjourn at 11:09 a.m. Carried. Scott Macpherson, Chair Alan Wiebe, Secretary Treasurer 66 Page of Page 40 of 450 7a) Correspondence dated July 11, 2012 from Teresa Micks, ... Page 41 of 450 8a) 10:00 a.m. Proposed Zoning ByLaw Amendment, Concessio... NOTICEE OF PUBLIC MEETTING FOR PROOPOSED AMENDMMENT TO THHE ZONINNG BY-LAAW OFTTHE TOWWNSHIP OOF ORO-MMEDONTEE 2012-ZBA-04 (Fracccaro) TAKENNOTICE thhat the CCouncil of the Corpporation oof the Towwnship of Oro-Meddonte will hold a PPublic Wednnesday, AAugust 15, 2012, at10:00 a.mm. Meeting on in the MMunicipal Council CChambers.. The purrpose of the Puublic Meetting is to oobtain pubblic commments on aa proposedd Amendmment to thhe Zoning By-law, uunder Section 334 of the PPlanning AAct, R.S.OO. 1990 c. P. 13. THE PUURPOSE of the pproposed Zoning BBy-law Ammendmennt is to rrezone thhe lands describedd as Concesssion 4, Eaast Part oof Lot 13, municippally knowwn as 50994 Line 44 North in the Towwnship of Oro- Medontee. The suubject landds are preesently zoonedAgriccultural/Ruural (A/RUU) Zone, aand are proposed tto be rezoned to allow ffor a “Dogg Kennel” use to bee operatedd on the pproperty. A KEY MMAP illustrating the location oof the subjject lands is provideed below. ANY PEERSON maay attend the publicc meeting and/or make writteen or verbaal represeentation eitther in suppport of, or in ppositio to, the poposed mendment. If a prson or public bod that files an appel of a deision oonnrrAAeeyyaacc of the Toownship oof Oro-Meddonte in rrespect of the propoosed Ameendment ddoes not mmake oral submissioon at the Public Meetinng, or maake writtenn submisssions to tthe Townnship befoore the prroposed AAmendmeent is adopted, the Ontaario Municipal Boardd may dismmiss all orr part of the appeal. If you wish to be otified of the deciion of the Townshi of Oro-edonte i respect to the prposed Zning nnsseppMMnnoooo By-law AAmendment, you muust make a written rrequest too the addreess beloww. WRITTEEN SUBMISSIONS should bee directed to: Townshiip of Oro-MMedonte 148 Linee 7 South P.O. Boxx 100, Oroo, Ontario L0L 2X0 Attn: J. DDouglas Irrwin, Clerkk ADDITIOONAL INFORMATTION relaating to the propoosed Zoning By-laaw Amenddment is availablee for inspectin betwen 8:30 am. and 4:30 p.m. t the Tonship of Oro-Medonte Adinistratio Building. For ooee..aawwmmnn Plannning Depaartment further innformationn, contact the at 705-4877-2171. DATED at the Towwnship of Oro-Medoonte this 119th day oof July, 2012. ___________________________ _______________ Anndria Leighh, MCIP, RRPP Dirrector of DDevelopmeent Servicces Page 42 of 450 8a) 10:00 a.m. Proposed Zoning ByLaw Amendment, Concessio... 22012-ZBBA-04 (Fraccaaro) Page 43 of 450 8b) 10:00 a.m. Proposed Zoning By NOTICEE OF PUBLIC MEETTING FOR PROOPOSED AMENDMMENT TO THHE ZONINNG BY-LAAW OFTTHE TOWWNSHIP OOF ORO-MMEDONTEE 2012-ZBA-05 (Township) TAKENNOTICE thhat the CCouncil of the Corpporation oof the Towwnship of Oro-Meddonte will hold a PPublic Wednnesday, AAugust 15, 2012, at 10:00 a.mm. Meeting on in the MMunicipal Council CChambers.. The purrpose of the Puublic Meetting is to oobtain pubblic commments on aa proposedd Amendmment to thhe Zoning By-law, uunder Section 334 of the PPlanning AAct, R.S.OO. 1990 c. P. 13. THE PUURPOSE of the prroposedZZoning Byy-law Ammendment is to proopose thrree new definitionss for “Kennel””, “Kenneel: Class ‘‘A’” and KKennel: CClass ‘B’”,, and to iidentify thhe zones where a “Kennel” use would bee permitteed. The pproposed AAmendmeents would include the followwing: The additionn of the following neew definitioons, “Kennnel”, “Kennel: Classs ‘A’” and ““Kennel: CClass ‘B’””; The inclusion of “Kennnel” use inn Table B44 A) – Staandards foor the Agricultural/RRural Zonee with additional Sppecial Proovision; annd The inclusioon of “Kennnel: Classs ‘A’” and “Kennel: Class ‘B’” in Tablee B4 C) –Provisionns for Buuildings, Exxcept Singgle Detachhed Dwellings. AS theproposedd amendmments would applyy to variouus lands within thee geographic bounndaries off the Township of Oro-MMedonte, no key maap is provvided. ANY PEERSON maay attend the publicc meeting and/or make writteen or verbaal represeentation eitther in suppport of, or in ooppositionn to, the prroposed AAmendment. If a peerson or public bodyy that files an appeaal of a deccision of the Toownship oof Oro-Meddonte in rrespect of the propoosed Ameendment ddoes not mmake oral submissioon at the Public Meetinng, or maake writtenn submisssions to tthe Townnship befoore the prroposed AAmendmeent is adopted, the Ontaario Municipal Boardd may dismmiss all orr part of the appeal. If you wish to be nnotified of the decission of thee Townshipp of Oro-MMedonte inn respect to the prooposed Zooning By-law AAmendment, you muust make a written rrequest too the addreess beloww. WRITTEEN SUBMISSIONS should bee directed to: Townshiip of Oro-MMedonte 148 Linee 7 South P.O. Boxx 100, Oroo, Ontario L0L 2X0 Attn: J. DDouglas Irrwin, Clerkk ADDITIOONAL INFORMATTION relaating to the propoosed Zoning By-laaw Amenddment is availablee for inspectioon betweeen 8:30 a..m. and 4:30 p.m. aat the Towwnship of Oro-Medonte Admministrationn Building. For Plannning Depaartment further innformationn, contact the at 705-4877-2171. th DATED at the Tonship of Oro-Mednte this 8 day o July, 202. wwoo11ff11 __________________________________________ Anndria Leighh, MCIP, RRPP Dirrector of DDevelopmeent Servicces Page 44 of 450 8c) 10:00 a.m. Proposed Zoning ByLaw Amendment, Concessio... Page 45 of 450 8c) 10:00 a.m. Proposed Zoning ByLaw Amendment, Concessio... Page 46 of 450 9a) Page 47 of 450 9a) 1 Page 48 of 450 9a) 2 Page 49 of 450 9a) 3 Page 50 of 450 9a) 4 Page 51 of 450 9a) 5 Page 52 of 450 9a) 6 Page 53 of 450 9a) 7 Page 54 of 450 9a) 8 Page 55 of 450 9a) 9 Page 56 of 450 9a) 10 Page 57 of 450 9a) 11 Page 58 of 450 9a) 12 Page 59 of 450 9a) 13 Page 60 of 450 9a) 14 Page 61 of 450 9a) 15 Page 62 of 450 9a) 16 Page 63 of 450 9a) 17 Page 64 of 450 9a) 18 Page 65 of 450 9a) 19 Page 66 of 450 9a) 20 Page 67 of 450 9b) Page 68 of 450 9c) 1:50 p.m. Debbie Cole th signature Page 69 of 450 9c) 1:50 p.m. Debbie Cole 1. Introduction 1 2. Property Description 1 3. Project Rationale 1 4. Environmental Considerations 2 5. Removals 2 6. New Construction 2 7. Construction Considerations 3 8. Design Details 3 9. Planned Schedule of Work 4 Appendix 1 Photographs Appendix 2 Layouts and Designs Appendix 3 Details Page 70 of 450 9c) 1:50 p.m. Debbie Cole th This Report addresses the proposed shoreline improvements in the Oro-Medonte Township 8 Line unopened road allowance and in the Lake Simcoe Crown Lands adjacent to 131 Lakeshore Drive East. Recent storms have increased the erosion of the shoreline and over the years, ice floes have damaged the existing concrete dock. The planned improvements seek to arrest the erosion on the shoreline and repair the dock which is cracked and damaged by the annual spring ice break-up. While undertaking the repairs, the work will re- grade the slope and provide additional armouring and protection of the shoreline. th The property is on the unopened Road Allowance of 8 Line in Oro Medonte and in the water between the two existing water lots. The work areas are defined by a shaded red box or outlined in red on the attached drawings. This work is incidental to the work at 131 Lakeshore Drive East th located on a point adjacent to the 8 Line of Oro Medonte right of way. The adjacent property legal description is 970 Line 8S, Plan 589, Lots 1 & 30, Part LoP 51R30339, Part 17 IRREG. The work on this property is subject to a separate permit wit LSRCA. th The municipal right of way (which is the extension of 8 Line) intersects Lakeshore Drive East. The property is set about 4.5m above the summer Lake Simcoe lake level and the location of the property on a point makes it vulnerable to both wave and ice action, leading to the erosion Figure 7 experienced over the last few years. provides the Location Plan for the purposes of the MNR work permit and the Lake Simcoe Region Conservation Authority. Appendix 1Site A photo of the existing dock and shoreline erosion is attached in . The project Plan Appendix 2, Figure 1. Front Lot Appendix 2, Figure is shown in Thearea is shown in 2. The project is proposed to serve a number of purposes. This involveing dock, placement of rock into the water and aesthetic improvements to the waterfront area. The work also has environmental and shoreline improvement benefik areas in the ROW continue to erode. Improvements are proposed to place granitic rock behind the dock area, with the existing soil overlain with landscape fabric to stabilize the erosion areas on the slopes. Over the last few years, storms have eroded the soil in the bank up to 1m to 2m beyond the dock, and there is evidence of undermining of the dock crib. The existing dock, a wood crib topped with concrete, is currently in the process of failure, wi damaging the dock and splintering off sections of concrete. This existing dock will be repaired as a part of the improvement. Granitic rounded rock will be added in the water to provide th shoreline protection across the 8 Line ROW. Existing ConditionsAppendix 2, Figure 3 The are shown in . Page 71 of 450 9c) 1:50 p.m. Debbie Cole Natural granite boulders will be placed across most of the waterfront frontage. This rock will protect the shoreline from wave action and ice and placement of the rock will also contribute to fish habitat. Riparian vegetation will be planted on the re-graded bank areas behind the dock between the dock level to the top of the slope to stabilize the re-graded and flattened slopes. The grading will flatten the existing slopes significantly and this will reduce of erosion and support the growth of replanted riparian vegetation. All work will be undertaken with erosion and sediment protection near the waterline adjacent to the existing slopes where there is the possibility of erosion into the lake. Appendix 2, Figure 4 The silt fence location is shown in . Figure 8 shows the Re-vegetation Plan. The existing lake bank is eroding and upon com of the rock placement and regrading, the lake bank area will be -vegetated. Selected grasses and/or plantings will be used to stabilize the 2:1 sloped areas. The work involves removal of existing waterfront elements in order to construct the new works. The removals include: Relocation of some in-water rock to permit setting and placement of the dock walls that will support the repaired dock; Breaking up and pulverizing the existing concrete dock prior to the concrete overlay repair of the dock; and Removal of earth and regrading of the slopes to accommodate the granite blocks and planting of the riparian vegetation. Appendix 2, Figure 5 The Removals required for the work are shown in . No tree removal is required on the ROW except to cleaning up of the scrub and brushimmediate erosion prone area. Drawings were originally prepared using a local elevation system survey of the site. The local elevation system set the lake ele the mid-August Lake Simcoe elevation. Drawings showing elevations from 98m to 104 m are based on this local elevation system. Subsequently the elevatio the geodetic datum with Lake Simcoe at elevation 219m. Elevatio 223m are based on the geodetic datum elevation system. This work involves the following new construction activity: Page 72 of 450 9c) 1:50 p.m. Debbie Cole th Rock protection at the shore line across 8 Line; Rock protection of the sloped bank with a single row of granite blocks to retain the slope and to support the newly graded area. The bank slope will be 2:1 in the ROW area. Landscape fabric will be used to contain the existing soils up to elevation 102m local (221m geodetic) and to separate the surficial soils from the existing bank soils; Granite blocks will be placed in the water to retain the rounded rock at the west ROW limit adjacent to the slip; and Wood framing will be placed at the top of the shoreline rock protection to support the dock topping and permit pulverization of the existing dock. The framing will act as a form for pouring the new concrete dock overlay at an elevation of about 0.6m above the summer water level. Figure 6, New Construction and Construction will be generally undertaken in accordance with Waterfront Protection Details A through D and . th Construction of this work will primarily be from the shoreline. Work on the 8 Line ROW will occur concurrently with the work on the adjacent property, under The earth grading disturbance footprint for the future slopes for wok on the 131 Lakeshore Drive East property provides for a 4.5:1 equipment access slope from the top of bank down to the dock elevation. This access ramp will be constructed early in the construction activity to provide access the dock area for labour, materials and equipment. Appendix 2, Figures 4 The access from the top of the bank to the dock level is shown i. From an environmental management point of view, erosion control silt fence will be placed where there is a new grading in the areas where there is a possibility of disturbed soil eroding into the lake over the fall, winter and spring of 2013. In the event that bank stabilization is not fully complete in the fall, rock, concrete and landscape fabric will be placed to stabilize the shoreline from the more severe fall, winter and spring storm eve until the work is completed in the spring of 2013. These measures will provide a reasonable protection to minimize loss or migration of soil Appendix 2, Figure 4 into the lake. The silt fence location is shown in . Appendix 3 shows the details of construction of the various elem Drawings were originally prepared using a local elevation system survey of the site. The local elevation system set the lake elevation at Elevation 100 based on the mid-August Lake Simcoe elevation. Drawings showing elevations from based on this local elevation system. Subsequently the elevatio the geodetic datum with Lake Simcoe at elevation 219m. Elevations ranging from 217m to 223m are based on the geodetic datum elevation system. Page 73 of 450 9c) 1:50 p.m. Debbie Cole A description of each is as follows: Detail A Granite Blocks This is the detail of the placement of granite blocks into the lake located to the right (upon entry) to the slip. These blocks will be set with the top block approximately at lake level (approx. elevation 100.0) and descend into the lake. The blocks will also act as the containment for the natural granitic rock shoreline protection placed to the east of the slip along the front of the existing dock at the shoreline across to the existing shoreline rock Detail B Rock in Front of Dock th This detail shows the rock to be placed in front of the dock. Across 8 Line, no sheet pile will be used and wood will be used to form the concrete cap for the dock overlay. This in water rock serves as shoreline protection and protects the dock from wave action and ice movement. Detail C Section on ROW This is the cross section as shown in Figure 6 as Section E-E located at the east end of the dock. The section shows one row of granite blocks at the bottom of the slope and a 2:1 slope graded to match the top of the bank above. The grading allows for infilling of the previously eroded area of the bank and landscape fabric is used to separate the sub-soil from rainfall or wave action supporting the slope upwards along the bank to elevation 102.0, with the granite blocks supporting the base of the slope. The slope will be stabilized placed on the 2:1 slope. Detail D Concrete Deck Overlay This section is to primarily show the concrete deck overlay treatment. Sheet pile as shown in the detail will not be used. A wood facing will be set in place supported by placement of in- water rock or lagged into the existing dock concrete. The existing dock concrete will be pulverized prior to placement of the concrete overlay. Work on this project is planned for the late Summer/Fall/Winter of 2012 and the Spring of 2013. The intention is to compete any in water work in the Fall of 2012. The remaining work on the shore for the granite walls, the slip wall, the dock overlay and the plant spring in 2013. Page 74 of 450 9c) 1:50 p.m. Debbie Cole Appendix 1 - Photograph Erosion on Bank (in ROW) Right of Stairs (looking from lake) Page 75 of 450 9c) 1:50 p.m. Debbie Cole Appendix 2 Layouts and Designs Figure 1 rev 1 Site Plan Full Lot Page 76 of 450 9c) 1:50 p.m. Debbie Cole Figure 2 rev 1 Front Lot Page 77 of 450 9c) 1:50 p.m. Debbie Cole Figure 3 rev 1 Existing Conditions Page 78 of 450 9c) 1:50 p.m. Debbie Cole Figure 4 rev 1 Water Access and Mitigation Measures Page 79 of 450 9c) 1:50 p.m. Debbie Cole Figure 5 Removals Page 80 of 450 9c) 1:50 p.m. Debbie Cole Figure 6 rev 1 New Construction and Waterfront Protection Page 81 of 450 9c) 1:50 p.m. Debbie Cole Figure 7 Location Plan Page 82 of 450 9c) 1:50 p.m. Debbie Cole Figure 8 Revegetation Plan Page 83 of 450 9c) 1:50 p.m. Debbie Cole Appendix 3 Design Details Detail A rev 1 In Water Granite Blocks Page 84 of 450 9c) 1:50 p.m. Debbie Cole Detail B rev 1 Rock in Front of Existing Dock Page 85 of 450 9c) 1:50 p.m. Debbie Cole Detail C rev 1 Section at ROW Page 86 of 450 9c) 1:50 p.m. Debbie Cole Detail D rev 1 Concrete Dock Overlay Page 87 of 450 9c) 1:50 p.m. Debbie Cole Page 88 of 450 9c) 1:50 p.m. Debbie Cole Page 89 of 450 9c) 1:50 p.m. Debbie Cole Page 90 of 450 9c) 1:50 p.m. Debbie Cole Page 91 of 450 9c) 1:50 p.m. Debbie Cole Page 92 of 450 9c) 1:50 p.m. Debbie Cole Page 93 of 450 9c) 1:50 p.m. Debbie Cole Page 94 of 450 9c) 1:50 p.m. Debbie Cole Page 95 of 450 9c) 1:50 p.m. Debbie Cole Page 96 of 450 9c) 1:50 p.m. Debbie Cole Page 97 of 450 10a) Page 98 of 450 10a) Page 99 of 450 10a) Page 100 of 450 10a) Page 101 of 450 10b) Page 102 of 450 10b) Page 103 of 450 10b) Page 104 of 450 10c) Report No. CS 2012025, Doug Irwin, Director of Corpo... Page 105 of 450 10c) Report No. CS 2012025, Doug Irwin, Director of Corpo... Page 106 of 450 10c) Report No. CS 2012025, Doug Irwin, Director of Corpo... Page 107 of 450 10c) Report No. CS 2012025, Doug Irwin, Director of Corpo... Page 108 of 450 10d) Page 109 of 450 10d) Page 110 of 450 10d) Page 111 of 450 10d) Page 112 of 450 10d) Page 113 of 450 10d) Page 114 of 450 10d) Page 115 of 450 10d) Page 116 of 450 10d) Page 117 of 450 10d) Page 118 of 450 10d) Page 119 of 450 10d) Page 120 of 450 10d) Page 121 of 450 10d) Page 122 of 450 10d) Page 123 of 450 10d) Page 124 of 450 10d) Page 125 of 450 10d) Page 126 of 450 10e) Doug Irwin, Director of Corporate Services/Clerk, re:... Schedule “A” to By-law No. 2011-011 Page 7 of 23 ii) The public session meeting on the second Wednesday of the month will commence at 7:00 p.m. The meeting may commence up to 1 hour earlier to deal with Closed Session Items. In the event that Council concludes discussion on the Closed Session Items prior to the 7:00 p.m. public session, Council will rise and recess and reconvene at 7:00 p.m. for the reporting of the Closed Session Items during the public session. Any matter which is not concluded during the preliminary Closed Session will be carried forward to the Closed Session Items (Unfinished Items) towards the end of the meeting agenda. iii) On the third Wednesday to be held at 7:00 p.m. which shall be dedicated to Recognition. iv) There shall be no meeting the fourth Wednesday of the month. g) Meetings of Council/Committee shall be held at the Township of Oro- Medonte Administration Centre, 148 Line 7 South, Oro or any other location within the municipality otherwise designated from time to time for such purposes. h) In the event that the day scheduled for a regular Council meeting is a public holiday, civic holiday, or a day on which a Municipal Election is to st be held, the Council shall meet at the same hour on the 1 day thereafter, unless otherwise provided by resolution. i) Where a Regular meeting of Council is to be held at a time, day or place other than as set out in this Section, Council shall give notice, at least 48 hours in advance of such meeting, by publication on the Township website, and if deemed appropriate by the Clerk, in a newspaper that is, in the Clerk’s opinion, of sufficient general circulation in the area to give the public reasonable notice of the meeting. 3.3 Council Meetings – Special a) The Mayor may, at any time, summon a Special Meeting of the Council. b) The Clerk, in consultation with the Mayor, may summon a Special Meeting of the Council in circumstances where Council needs to make decisions and actions need to be taken before the next regularly scheduled meeting. c) Upon receipt of a petition of the majority of the Members of Council, the Clerk shall summon a Special Meeting for the purpose and at the time mentioned in the petition. d) No business may be transacted at a Special Meeting of Council other than that specified in the notice of the meeting or agenda. e) Notice of a Special Meeting of Council shall be delivered to all members of Council at least one calendar day before the date established for the Special Meeting. 3.4 Committees or Technical Support Groups of Council Meetings a) Committees or Technical Support Groups wholly within the sphere of the jurisdiction of Council may be established, revised, disbanded a replaced as Council deems necessary. b) All members of such Committees/Technical Support Groups shall be residents within the municipality. Page 127 of 450 10f) Report No. CSI 2012 Page 128 of 450 10f) Report No. CSI 2012 Page 129 of 450 10f) Report No. CSI 2012 Page 130 of 450 10f) Report No. CSI 2012 Page 131 of 450 10f) Report No. CSI 2012 Page 132 of 450 10f) Report No. CSI 2012 Page 133 of 450 10f) Report No. CSI 2012 Page 134 of 450 10f) Report No. CSI 2012 Page 135 of 450 10f) Report No. CSI 2012 Page 136 of 450 10f) Report No. CSI 2012 Page 137 of 450 10g) Report No. TES2012 Page 138 of 450 10g) Report No. TES2012 Page 139 of 450 10g) Report No. TES2012 Page 140 of 450 Report No. DS 2012038, Andria Leigh, Director of Dev... Page 141 of 450 Report No. DS 2012038, Andria Leigh, Director of Dev... Page 142 of 450 Report No. DS 2012038, Andria Leigh, Director of Dev... Page 143 of 450 Report No. DS 2012038, Andria Leigh, Director of Dev... Page 144 of 450 Report No. DS 2012038, Andria Leigh, Director of Dev... Page 145 of 450 Report No. DS 2012038, Andria Leigh, Director of Dev... 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Page 194 of 450 10o) Report No. RC2012 Page 195 of 450 10o) Report No. RC2012 Page 196 of 450 10o) Report No. RC2012 Page 197 of 450 10o) Report No. RC2012 Page 198 of 450 10o) Report No. RC2012 Page 199 of 450 10o) Report No. RC2012 Page 200 of 450 10o) Report No. RC2012 Page 201 of 450 10o) Report No. RC2012 Page 202 of 450 10o) Report No. RC2012 Page 203 of 450 10o) Report No. RC2012 Page 204 of 450 10o) Report No. RC2012 Page 205 of 450 10o) Report No. RC2012 Page 206 of 450 10o) Report No. RC2012 Page 207 of 450 10o) Report No. RC2012 Page 208 of 450 10o) Report No. RC2012 Page 209 of 450 10o) Report No. RC2012 Page 210 of 450 10o) Report No. RC2012 Page 211 of 450 10o) Report No. RC2012 Page 212 of 450 10o) Report No. RC2012 Page 213 of 450 10p) Report No. RC2012 Page 214 of 450 10p) Report No. RC2012 Page 215 of 450 10p) Report No. RC2012 Page 216 of 450 10p) Report No. RC2012 Page 217 of 450 10q) Report No. RC2012 Page 218 of 450 10q) Report No. RC2012 Page 219 of 450 10q) Report No. RC2012 Page 220 of 450 10q) Report No. RC2012 Page 221 of 450 10q) Report No. RC2012 Page 222 of 450 10q) Report No. RC2012 Page 223 of 450 10q) Report No. RC2012 Page 224 of 450 10q) Report No. RC2012 Page 225 of 450 10q) Report No. RC2012 Page 226 of 450 10q) Report No. RC2012 Page 227 of 450 10q) Report No. RC2012 Page 228 of 450 10q) Report No. RC2012 Page 229 of 450 10q) Report No. RC2012 Page 230 of 450 10q) Report No. RC2012 Page 231 of 450 10q) Report No. RC2012 Page 232 of 450 10r) Report No. HR 2012 Page 233 of 450 10r) Report No. HR 2012 Page 234 of 450 10r) Report No. HR 2012 Page 235 of 450 10r) Report No. HR 2012 Page 236 of 450 11a) Page 237 of 450 11b) Mayor H.S. Hughes, correspondence dated December, 201... Page 238 of 450 11b) Mayor H.S. Hughes, correspondence dated December, 201... Page 239 of 450 11b) Mayor H.S. Hughes, correspondence dated December, 201... Council Meeting Minutes – December 14, 2011. 11.REPORTS OF MEMBERS OF COUNCIL: a) Mayor H.S. Hughes, correspondence dated December, 2011 from Marj Mossman re: Request for Letter of Endorsement, Lake Simcoe as a Heritage Lake. Motion No. C111214-17 Moved by Coutanche, Seconded by Meyer Be it resolved 1. That the correspondence dated December, 2011 from Marj Mossman and presented by Mayor H.S. Hughes re: Request for Letter of Endorsement, Lake Simcoe as a Heritage Lake be received. 2. And That the matter brought back, for Council's consideration, upon receipt of further information from the Lake Simcoe Region Conservation Authority. Carried. 12.CONSENT AGENDA: a) Announcements of Interest to the Public: 1. Notice of Office Closure, 4:30 PM on Friday, December 23, 2011 through to Monday, January 2, 2012 for the Holiday Shutdown. Offices will re-open at 8:30 AM on Tuesday, January 3, 2012 for regular business hours. 2. Tree Seedling Distribution Program, Severn Sound Environmental Association, Township of Oro-Medonte, North Simcoe Stewardship, Order Deadline, January 27, 2012. b) Minutes of Barrie Public Library meeting held on October 27, 2011. Staff Recommendation: Receive . c) Highlights of Nottawasaga Valley Conservation Authority meeting held on November 25, 2011. Staff Recommendation: Receive . 1117 Page of Page 240 of 450 11b) Mayor H.S. Hughes, correspondence dated December, 201... Page 241 of 450 11b) Mayor H.S. Hughes, correspondence dated December, 201... Page 242 of 450 11b) Mayor H.S. Hughes, correspondence dated December, 201... Page 243 of 450 11b) Mayor H.S. Hughes, correspondence dated December, 201... Page 244 of 450 11b) Mayor H.S. Hughes, correspondence dated December, 201... Page 245 of 450 11b) Mayor H.S. Hughes, correspondence dated December, 201... Page 246 of 450 11b) Mayor H.S. Hughes, correspondence dated December, 201... Page 247 of 450 11c) From: Simcoe County Farm Fresh [mailto:info@simcoecountyfarmfresh.ca] Sent: Monday, July 16, 2012 11:59 AM To: Simcoe County Farm Fresh Subject: Tickets available for Savour Simcoe Event 2012 1 Page 248 of 450 11c) SandraJ.TrainorCull,ExecutiveDirector SimcoeCountyFarmFreshMarketingAssociationNonProfitInc. tt  Ct   z“Eš¸­z’-š;-šÒ“·äE©’E©;­wu-ÞÞÞu­z’-š;-šÒ“·äE©’E©;­wu- 2 Page 249 of 450 11d) Page 250 of 450 12a) l l 12.0 CONSENT AGENDA a) Announcements Event Location Date Time Moonstone Park and Recreation Ramey Memorial Park, August 18, 2012 4:30 p.m. Committee Annual Corn Roast 5464 Line 8 North, Moonstone Page 251 of 450 12a) l l Carley Community Hall (formerly Carley School) turns this year. In partnership with the Eady-Grenard Women’s Institute, the Hall received an Ontario Trillium Foundation grantin late 2011.This generous grant permitted extensive renovations to be performedso thatrecreational programming and social events can be put in place year round to benefit people of all ages in Carley and the surrounding area. Please feel free to stay after the formal events for a barbecue, cake and refreshments, historical artifacts, and community fellowship. Carley Community Hall is located at 396 Warminster Sideroad, between Line 8 and Line 9 (north of Horseshoe Valley Road) in beautiful Oro-Medonte Township. Page 252 of 450 12b) South Georgian Bay Lake Simcoe Source Protection Region Present Councillor Bob Jeffery SSEA Chair/Town of Midland Councillor Andrew Hill City of Orillia Deputy Mayor Pat Marion Town of Penetanguishene Councillor Kelly Meyer Township of Oro-Medonte Mayor Ray Millar Township of Tiny Councillor Dave Ritchie Township of Tay Councillor Perry Ritchie Township of Springwater Councillor Ron Stevens Township of Severn Lynn Dollin Chair, South Georgian Bay Lake Simcoe Source Protection Region (SGBLSSPR) Keith Sherman SSEA ED Aisha Chiandet SSEA Guest Mike Walter LSRCA General Manager John Boucher Member, SPC Regrets Councillor Paul Wiancko Township of Georgian Bay 1.Welcome Chair Jeffery welcomed everyone at 9:07 AM. 2Approval of Agenda . Motion: To approve the Agenda. Moved by Ray Millar; seconded by Ron Stevens. Carried. 4.Approval of Past Minutes from January 26, 2012 th Motion: To approve the minutes from the SSSPA meeting held on January 26, 2012 Moved by Pat Marion; seconded by Kelly Meyer. Carried. Page 253 of 450 12b) Page 2 5.Report from SPC Committee presented by Lynn Dollin, Chair SPC Chair Dollin provided an update on the activities of the SGBLSSPC. SPC has reviewed all comments from the pre-consultation period incorporating revisions into the “draft proposed Source Protection Plan” Formal consultation began on March 26 with approximately 4,000 letters sent out to landowners in the significant drinking water threats areas. (SDWT’s). Open Houses have been th scheduled, Midland held the first one on April 16 at the Brooklea Golf Course with 23 landowners attending. Chair Dolin reminded the Board that the Stewardship (ODWSP) dollars are only available until December 2012 and although the SPC is encouraging the Minister of the Environment to continue with future funding, it’s an unknown at this time. A letter was sent to the Minister of the Environment asking for an extension to the th August 20, 2012 deadline. No confirmation has been given to date but Cha Dolin commented she expects one soon and is encouraged it will be favourable. Report attached. 6. Report from Mike Walters – General Manger LSRCA Mike Walter provided the board with a presentation updating the Board on the Source Protection Plan. Mike encouraged the Board to read the Explanatory Document as it contained all comments received and the SPC’s responses. Report attached. 6. Ontario Drinking Water Stewardship Program update Keith Sherman provided a summary of Early Response activities commenting that SSEA continues in high gear with an aggressive promotion to farm properties, Issue Contributing Areas (ICA’s), business and municipalities which have the potential for larger projects. Keith asked the Board to spread the word to their municipalities regarding potential projects and funding opportunities and not to hesitate calling the SSEA at any time for advice or confirmation. 7. Other Business SPP Open House in Midland Keith commented that Formal Public Consultation for the Draft Source Protection th Plan held at the Brooklea Golf and Country Club on Monday April 16 was very successful stating that the audience was attentive to the well structured presentation as well as the open tables for discussions. 8. Next Meeting Next Meeting is scheduled for Thursday, July 19, 2012 location; Town of Midland’s Council Chambers 9. Adjournment MOTION: To adjourn the meeting. Moved by Pat Marion; seconded by Ray Millar. Carried. 2 Page 254 of 450 12b) Page 3 _________________________________________ Keith Sherman, Executive Director/ SSEA Chair 3 Page 255 of 450 12b) To: Bob Jeffery, Chair, Severn Sound Source Protection Authority From: Lynn Dollin, Chair, South Georgian Bay Lake Simcoe Source Protection Committee CC: Mike Walters, General Manager, Watershed Management, Lake Simcoe Region Conservation Authority Date: July 19, 2012 Re: Source Protection Committee Update Chair Jeffery and Members, I am sending you this memo in order to update you and the members of the Severn Sound source protection authority on the activities of the South Georgian Bay Lake Simcoe source protection committee. In my last update on April 19, the source protection committee was in the midst of its first formal consultation on the draft proposed source protection plan that had begun on March 26 and was scheduled to end on May 25. I reported on one Open House held in Midland that was considered a success. Since then, the committee hosted three additional Open Houses that were similar successes. These took place on April 19 in Newmarket, April 21 in Barrie and Orillia Open House, April 24 April 24 in Orillia. Orillia was by far the most well attended. Our request for an extension to the August 20 submission deadline was granted until October 22. As a result, staff revised the workplans and extended the first formal consultation to June 15. The source protection committee received hundreds of comments from municipalities, associations, members of the general public and ministries. While there were a number of very specific comments in relation to specific policies and wording, there were some themes: Page 1 of 3 Page 256 of 450 12b) 1. There continues to be a concern with the cost of the program 2. While our latest version is much improved, some cross-boundary issues remain 3. The need for clearer/more consistent wording around what constitutes an existing threat and a future threat, expansions, etc. 4. Clearer / more consistent definitions required – e.g. existing/future, expansions, etc. 5. The need for transition polices 6. The desire for the stewardship program to continue to offer incentives to landowners 7. The need for an implementation guide The comments were assembled together in a 200 page document which also contained suggested responses for the committee to review at its Policy & Planning Working Group meeting held on July 10. Staff are now working on updating the source protection plan and explanatory document based on the working group’s direction. Document reviewed at July 10 PPWGmeeting It’s anticipated that the committee will be reviewing the “proposed source protection plan” and “explanatory document” at its August 23 meeting, at which point it will be approved for second formal consultation, slated to begin on August 27 and end on October 5. At the same time, in response to municipal and other feedback about implementation, our region has been working in collaboration with Conservation Ontario and others to develop an “implementation guide” to help prepare municipalities and other implementing bodies for implementation. Full-day workshops were held on June 28 in Orillia and July 4 in Alliston. The morning was devoted to staff providing information about the implications of implementation. The afternoon allowed municipalities the opportunity to exchange ideas about implementation with their colleagues. Forty-five municipal staff representing 23 municipalities attended each municipal workshop (including nine municipalities in the Severn Sound region). Our plans moving forward include: July 26 – Source Protection Committee meeting to review water qu Page 2 of 3 Page 257 of 450 12b) August 23 – The committee will be requested to endorse the proposed source protection plan August 27 to October 5 – Second formal consultation October 18 – SS SPA review/approval October 22 – submission to the MOE I look forward to your continued input and participation as we advance through this very crucial next stage of this important provincial program. Thank you for your time. Lynn Dollin Page 3 of 3 Page 258 of 450 12b) Page 259 of 450 12b) Page 260 of 450 12b) Page 261 of 450 12b) Page 262 of 450 12b) Page 263 of 450 12b) Page 264 of 450 12b) Page 265 of 450 12b) Page 266 of 450 12b) Page 267 of 450 12b) Page 268 of 450 12c) SEVERN SOUND ENVIRONMENTAL ASSOCIATION JOINT MUNICIPAL SERVICES BOARD 2012 FIRST QUARTERLY MEETING April 19, 2012 Town of Midland Council Chambers Dominion Avenue Midland, ON Approved Minutes for Board Present Councillor Bob Jeffery SSEA Chair/Town of Midland Councillor Andrew Hill City of Orillia Deputy Mayor Pat Marion Town of Penetanguishene Councillor Kelly Meyer Township of Oro-Medonte Mayor Ray Millar Township of Tiny Councillor Dave Ritchie Township of Tay Councillor Perry Ritchie Township of Springwater Councillor Ron Stevens Township of Severn Keith Sherman SSEA ED Regrets Councillor Paul Wiankco Township of Georgian Bay Gail Marchildon SSEA OM Delegate Sandy Agnew 1. WELCOME Chair Bob Jeffery welcomed the SSEA board. 9:55 AM 2. ADOPTION OF THE AGENDA MOTION: To adopt the agenda of the 1st Quarterly SSEA Meeting with amendment to agenda, defer Project Status Report # 8 until Second Quarter Meeting. Moved by; Ron Stevens, seconded by Ray Millar. Carried. 3.DECLARATION OF PECUNIARY INTEREST None. 4. Deputation by Sandy Agnew Deferred to later in agenda when delegate arrived. Presentation provided at the meeting was accepted for information. See attached. Page 269 of 450 12c) 5. Review of Minutes and Past Business MOTION: To approve the minutes of the January 26, 2012 meeting of the SSEA. Moved by Kelly Meyer, seconded by Ray Millar; Carried 6. REVIEW OF PAST BUSINESS SSEA Strategic Planning Keith Sherman reviewed the outcomes from the second Strategic Planning Ad Hoc Committee meeting held Friday, March 22, 2012 highlighting the Source Protection Plan Implementation and how the SSEA will be positioning itself and responding to the different key roles. Keith gave an overview of four preliminary options that each municipality th may consider. The next meeting will be on May 24, 2012. Keith provided an overview presentation reminding the Board that the SSEA would be pleased to present this to each municipality council. Attached. 7. Auditors Report Auditor’s final report not completed and will be provided for next meeting. 8. First Quarterly report for 2012 Keith Sherman presented the first quarterly report for 2012, noting that the final balance for 2011 is a small deficit of $2,191.00. MOTION: To approve the First Quarter Financial Report for 2012. Moved by Ray Millar; seconded by Ron Stevens. Carried. Keith presented the Fourth Quarter Cheque Register 2011 and Revenue Forecast for 2012. Received for information only. 9. Other Business Tree Distribution and Tree Planting Update: Keith reported that this revenue neutral program has been very successful this year. Five municipalities participated with distribution. There were also several school groups as well as many returning and new customers. Over 500 volunteers participated. Kelly Meyer commented on how the program had been organized. Aliens Amongst Us Municipal Workshop: th Keith reported that this educational workshop held on April 4, was well attended by all 9 municipalities.Bob Bowles gave a presentation on Terrestrial and Aquatic Invasive species followed by a Q&A. Excellent exchange of information between the municipalities with emphasis on best practices and future challenges. Examples of control methods will be posted on the SSEA and municipality websites. th SSEA Open House will take place on June 14, 2012 at the Midland Library Assembly Room, Bob Bowles will be presenting ‘Silence of Page 270 of 450 12c) Songbirds’ as well doing a talk on the bat declines. Response has been very good. Keith presented the 2011 Draft Annual Report to the Board asking that th any comments please be received no later than April 30. 10. Next Meeting The Second Quarterly meeting will be at 10:00 AM held on July 19, 2012 at Midland Council Chambers. 13.Adjournment MOTION : To adjourn the meeting 10:55 AM. Moved by Kelly Meyer, seconded by Perry Ritchie; Carried. ________________________________________ Keith Sherman, Executive Director/ SSEA Chair Bob Jeffery Page 271 of 450 12c) Page 272 of 450 12c) Page 273 of 450 12c) Page 274 of 450 12c) Page 275 of 450 12c) Page 276 of 450 12c) Page 277 of 450 12c) Page 278 of 450 12c) Page 279 of 450 12c) Page 280 of 450 12c) Page 281 of 450 12c) Page 282 of 450 12c) Page 283 of 450 12c) Page 284 of 450 12c) Page 285 of 450 12c) Page 286 of 450 12c) Page 287 of 450 12c) Page 288 of 450 12c) Page 289 of 450 12c) Page 290 of 450 12c) Severn Sound Environmental Association Revenues Budget First Quarter 2012 as of March 31, 2012 Collected 2012or InvoicedRemaining Budgetto Date $27,102 Georgian Bay$27,102$0 $40,072 Midland$40,072$0 $26,342 Orillia$26,342$0 $35,182 Oro-Medonte$35,182$0 $31,091 Penetanguishene$31,091$0 $30,602 Severn$30,602$0 $27,513 Springwater$27,513$0 $35,736 Tay$35,736$0 Tiny$57,224$57,224$0 Municipal sub-total(2)$310,864$310,864$0 Community/Private$4,000$700$3,300 Projects (3)$25,000$0$25,000 Recoveries (4)$35,000$7,905$27,095 Source Water Protection(5)$30,000$8,000$22,000 Prior Year Surplus/(deficit)(6)($2,191)($2,191) TOTAL REVENUES$402,673$327,469$75,204 Special Projects (7)$165,640 (1) Revenues related directly to the Environmental Association w do not include project funds (cash and in-kind) from partne (2) Municipal share is based on 2007 assessment. (3) Projects administered by the Association (10%). (4) Work done by the SSEA Office for the Partners and/or others. (5) Administration from Source Water Protection (from LSRCA) (6) Prior year Surplus/(deficit) amount (7) Special Projects Salary & Benefits to SSEA Page 291 of 450 12c) Severn Sound Environmental Association Budget Expenditures First Quarter 2012 as at March 31, 2012 2012 Total2012 DeliverableBudgetTo DateBalance Administration Treasurer expense$4,500$1,202$3,298 Legal fees$3,500$0$3,500 Audit fees$6,500$0$6,500 Insurance$7,000$0$7,000 Meeting expense$1,500$0$1,500 Travel expense$2,500$636$1,864 Conference expense$2,000$247$1,753 Office Supplies & equipment$9,000$254$8,746 Printing&Copying$100$26$74 Postage and Shipping$929$58$871 Phones$2,500$605$1,895 Space rental$10,500$3,142$7,358 SSEA Vehicle$2,000$0$2,000 Sampling contracts (sampling boat & a$12,000$0$12,000 Health and Safety$1,500$452$1,048 Sub total: $66,029$6,622$59,407 Salaries & Benefits Undistributed Salaries & Benefits$52,000$19,900$32,100 Overall Coordination$68,000$17,000$51,000 Office administration$65,000$18,185$46,815 Database Maintenance$65,000$14,381$50,619 Natural Heritage & plan review$18,000$5,813$12,187 Monitoring & Surveillance$34,644$15,515$19,129 Rural Programs$10,000$2,358$7,642 Sustainability Plan support$0$0 Communications$24,000$0$24,000 Sub total: $336,644$93,152$243,492 Special Projects (Salaries & benefits o$165,640$0$165,640 Total Salaries & benefits: $502,284$93,152$409,132 Total (not incl. special projects):$402,673$99,774$302,899 FINANCIAL SUMMARY FOR 2012 BudgetActualRemaining Revenues $402,673$327,469$75,204 Expenditures $402,673$99,774$302,899 Balance to date$0$227,695($227,695) Page 292 of 450 12c) Agency Acronyms CFIP/CWIPMNR Community Fisheries/Community Wildlife Involvement COA-MNRCanada-Ontario Agreement - MNR COA-MOECanada-Ontario Agreement - MOE CountyCounty of Simcoe CWSEnvironment Canada - Canadian Wildlife Service DFODepartment of Fisheries and Oceans ECEnvironment Canada FCMFederation of Canadian Municipalities GBINPGeorgian Bay Islands National Park GCGreen Communities Foundation GLSFEnvironment Canada - Great Lakes Sustainability Fund HCFHuronia Communities Foundation LSRCA (CO)Lake Simcoe Region Conservation Authority (Conservatio MNRMinistry of Natural Resources MOEMinistry of the Environment NSCFDCNorth Simcoe Community Futures Development Centre NSSCNorth Simcoe Stewardship Council NSSCIANorth Simcoe Soil and Crop Improvement Association OGSOntario Geological Survey PCParks Canada - Georgian Bay Islands National Park PC-TSWParks Canada - Trent-Severn Waterway SCCFSimcoe County Christian Farmers SCFASimcoe County Federation of Agriculture SMDHUSimcoe-Muskoka District Health Unit TrilliumOntario Trillium Foundation U of WUniversity of Windsor Page 293 of 450 12d) Page 294 of 450 12d) Page 295 of 450 12d) Page 296 of 450 12d) Page 297 of 450 12e) Page 298 of 450 12e) Page 299 of 450 12e) Page 300 of 450 12e) Page 301 of 450 12e) Page 302 of 450 12f) Page 303 of 450 12f) Page 304 of 450 12f) Page 305 of 450 12f) Page 306 of 450 12f) Page 307 of 450 12f) Page 308 of 450 12g) DoctorRecruitment&RetentionCommitteeMeeting June19,2012 Present:TonyKatarynych,MarciCsumrik,TomHussey,GiniStringer,DickSheridan,Dr.DanKapeluto, PatThor,KellyMeyer,FrancineKerr,Shannonhx5š““;ŒŒrJackieShaughnessy,Dr.DonAtkinson Regrets:WendyTimpano,Dr.CarolStrickland,BruceWaite,RonStevens,JaclynBucik,BobBrown,Ron Sattler CalltoOrder: 1.MotiontoApprovetheRevisedAgenda:MovedbyMarciCsumrikandsecondedbyGini Stringer.Carried. DeclarationofConflictofInterest:None ConsentAgenda: 1.May8,2012Minutes 2.JuneStaffReport MotiontoApprovetheConsentAgenda:MovedbyJackieShaughnessyandsecondedbyDickSheridan. Carried. FinancialReport:TomHussey Currentlythereis$85,000.00inthebankwithanincentivepaymentof$10.000.00eachtobepaidtoDr. RyanMitchellandDr.NinaAguilarwhentheysetuptheirpracticelaterthisyear.Thecommittee received$15,000.00fromtheCityofOrilliarepresentingthe2012fundingandanadditional$20,000.00 forDr.!mÒzŒ©x­incentive.TheTownshipofRamarasenttheir2012fundingcontributionof$5,000.00. TheBreweryBayOldTimersHockeyClubdonated$500.00tothecommittee.Theappreciation receptioncost$1,500.00.Thecommitteebudgeted$2,000.00fortheevent.ROMPWeekactivitiescost about$1,700.00.ThecommitteewillbereceivingareimbursementchequefromtheROMPoffice.The committeereceivedagrantfromtheCommunityFoundationofOrillia&Areaof$945.00.Thisisto offsetthecostofrecreationandsocialactivitiesforourmedicallearners.PatwillcontacttheCasino WellnessFundpersonneltodeterminetheprogressofthatgrant. GovernanceReport:RonStevens&BruceWaite th RonStevensisoutofprovince.TherewillbeameetingonMondaythe25tofurtherdiscussthe committeecompositionandgovernanceumbrella.Therewillalsobeameeting,attendedbyDr. th AtkinsonandTonyKatarynychonJuly12withtheCDCandtheirexecutivecommittee.TheCDCwill havetobeginchargingHSTfortheservicestheyprovide. Page 309 of 450 12g) ROMPWeek:ExitSurveys Theexitsurveyscompletedbythemedicallearnerswhovisitedwithuswerereviewedbythe committee.The2011surveyswerereviewedpriortoplanning2012activities. OtherBusiness 1.RecruitmentPolicyDevelopment Itissuggestedthatthehospitalandthecommitteeputtogetheraformalizedpolicyandapproachto recruitmentmatters,suchassitevisitsandexpenses.Thediscussioncentredonwhetherthepolicy wouldbeseparate,combinedorcrossreferenced.Thiswilldependonthegovernanceumbrella. 2.UniversityJobFairs th PatwillregisterforthejobfairsbythedeadlineofJune29andalsocheckwithJaclynBucikonthe statusofthenewdisplay.TheeventisbeingorganizedthisyearbyHealthForceOntario.Ithasnotbeen decidediftheywilloffertheoptionofprovidingabusfortransportingthoseworkinginthebooths.The committeealsodiscussedhandouts.DanKapelutowillofferhisassistanceandinput. 3.FundraisingCommittee GiniStringerhasspokenwithpeoplewhohaveofferedtohelpwithafundraisingrunnextspring.Kelly Meyerhasinformationthatmayassist.ShewillpassthisalongtoGiniwhowillcontinuetohavetalks withvariouspeopleabouttheeventasastandaloneorjointventure.Patwillcontactindividualswho haveexpressedinterestinhelpingthecommitteewiththisactivity. 4.MidYearActivityReport PatwillprepareanactivityreportfromJanuary1toJune30,2012andTomHusseywillpreparea financialoverviewforthesameperiod.Thereportwillbesubmittedtoourfundingmunicipalcouncils fortheirreview. 5.ROMPHealthCareerFair TheROMPofficeannouncedthatOrilliahasbeenchosentohostahealthcareerfairinthespringof 2013..However,detailsatthistimearerathervague.PatwillgetintouchwithMichelleHunterto determinecommitteeinvolvementwiththeendeavor. Correspondence: Received TownshipofRamara$5,000.00municipalfundingfor2012 CommunityFoundationgrantapproval($945.00) CityofOrillia/Œ;©‰x­departmentrequestformidyearactivityandfinancialreport Page 310 of 450 12g) Sent CityofOrilliaEconomicDevelopmentCommittee‘recruitmentofDr.NematDaraei th NextMeeting‘Tuesday,July17at8:00a.m.CDCboardroom MotiontoAdjourn:MovedbyDanKapelutoandsecondedbyKellyMeyer.Carried. Page 311 of 450 Page 312 of 450 Page 313 of 450 Page 314 of 450 Page 315 of 450 Page 316 of 450 Page 317 of 450 12i) Page 318 of 450 Chair: Walter Benotto Town of Shelburne st 1 Vice Chair: Nina Bifolchi Town of Wasaga Beach nd 2 Vice Chair: Darren White Township of Melancthon Gail Ardiel Town of the Blue Mountains Mary Brett Township of Adjala Tosorontio Daniel Davidson Town of Innisfil Ralph Hough Township of Oro-Medonte Brian Jackson City of Barrie Rob Keffer Township of Bradford West Gwillimbury Bob Marrs Town of New Tecumseth Paul McQueen Municipality of Grey Highlands Fred Nix Town of Mono Brent Preston Township of Clearview Perry Ritchie Township of Springwater Alicia Savage Township of Clearview Percy Way Township of Amaranth Rick Webster Township of Springwater Keith White Township of Essa John Crawford Township of Oro-Medonte Mike Edwards Town of Collingwood Earl Hawkins Township of Mulmur Kevin Lloyd Town of Collingwood Michael Smith Township of Essa Joan Sutherland Town of New Tecumseth George Watson Town of Wasaga Beach Wayne Wilson, CAO/Secretary-Treasurer, Susan Richards, Director of Corporate Services Caleigh Clubine, Communications/PR Coordinator Chris Hibberd, Director of Planning Barb Perrault, Senior Environmental Officer Glenn Switzer, Director of Engineering and Technical Services Byron Wesson, Director of Land Operations and Stewardship Services Fred Dobbs, Manager Watershed monitoring Laurie Barron, Executive Assistant Page 319 of 450 BOARD OF DIRECTORS MINUTES No: 06/12 22 June, 2012 Page 2 of 6 Chair Benotto called the meeting to order at 9:00 a.m. Chair Benotto advised the board members that an extra meeting will be held on Friday July 27/12. Additional item added to the agenda: Item #14 Presentation - Lake Sturgeon Radio Tracking Study – Spring 2012 presented by Fred Dobbs, Manager of Stewardship Services. Business Plan resolutions #13 and #15 Brian Jackson Rob Keffer The Agenda for Board of Directors Meeting #06/12 dated 22 June, 2012 be adopted as amended. Brian Jackson Fred Nix the Minutes of the Board of Directors Meeting 05/12 dated 25 May, 2012 be approved. Brian JacksonDaniel Davidson staff be authorized to work in partnership with the County of Dufferin and Grand River Conservation Authority to deliver the living Snow Fence Program; and a formal memorandum of understanding be approved and signed by the NVCA Chief Administrative Officer/Secretary Treasurer. Page 320 of 450 BOARD OF DIRECTORS MINUTES No: 06/12 22 June, 2012 Page 3 of 6 Brian JacksonRob Keffer the Permits/Approvals issued by staff for the period May 17, 2012 to June 14, 2012 be approved. Gail Ardiel Keith White : This meeting of the Board of Directors No. 6-12 go “In-Camera” at 9:14 a.m. to address matters pertaining to: litigation or potential litigation, including matters before administrative tribunals, affecting the Authority; and THAT: the following staff be present: Wayne R. Wilson, Chief Administrative Officer/Secretary-Treasurer, Susan Richards, Director of Corporate Services, Chris Hibberd, Director of Planning, Barb Perrault, Senior Environmental Officer, Glenn Switzer, Director of Engineering and Technical Services and Laurie Barron, Executive Assistant, Recorder. Brent PrestonGail Ardiel This meeting of the Board of Directors No. 06/12 come out of in-camera at 9:25 a.m. Bob MarrsDaniel Davidson The Communications report for April and May, 2012 be received. Page 321 of 450 BOARD OF DIRECTORS MINUTES No: 06/12 22 June, 2012 Page 4 of 6 Gail Ardiel Brent Preston the Board of Directors receives the report of the Director of Corporate Services regarding the NVCA’s April 1, 2012 to March 31, 2013 insurance renewal. Rick WebsterPercy Way The Chair be authorized to approve the Accounts Receivable as at May 31, 2012 in the amount of $1,772,297.43 including Planning items of $1,158,591.94 Percy WayRick Webster The Chair be authorized to approve disbursements as at May 31, 2012 in the sum of $331,204.79 including wages (net of withholdings) of $108,882.31 Rick WebsterPercy Way The Combined Statement of Operations Program Summary as at May 31, 2012 be received. Mary Brett Ralph Hough the NVCA reserve target and revenue sources be 25% to 30% of the budget; and the report of the CAO/Secretary-Treasurer be received. Page 322 of 450 BOARD OF DIRECTORS MINUTES No: 06/12 22 June, 2012 Page 5 of 6 Alicia SavageBrent Preston the Business Plan be amended to include the direction that the Board of the NVCA review the recommendation and subsequent implementation rd priorities of the 3 Party Planning Review and make changes if desired. Ralph Hough: Mary Brett the Board of Directors approve the 2012-2014 Business Plan dated June 22, 2012 as amended. Bob Marrs Fred Nix for the fiscal year 2013, the NVCA Board establish and approve a Business Plan in the fall of 2012. Brent PrestonPerry Ritchie : the purpose of the Great Lakes Protection Act is to protect and restore the ecological health of the Great Lakes-St. Lawrence River Basin; therefore the NVCA provide its support for the Great Lakes Protection Act Bill 100; and staff be directed to work closely with Conservation Ontario in completing a review of the proposed legislation including CA mandate and budget implications; and all costs, including staff labour, be covered by Provincial and/or Federal Government. th (a)Revised NVCA Board meeting schedule 2012. Add July 27 meeting (b)Conservation Ontario newsbyte dated June 8/12 re: Telling the Weather Story, decisions have to be made now. Page 323 of 450 BOARD OF DIRECTORS MINUTES No: 06/12 22 June, 2012 Page 6 of 6 (c)Township of Melancthon dated June 12/12 re: correspondence to South Georgian Bay Lake Simcoe Protection Committee re: request for amendment to SPC Assessment Report. (d)Conservation Ontario regarding the Great Lakes Protection Act ‘Have your Say’ (e)Conservation Ontario media release dated June 6/12 re: Conservation Authorities support new provincial actions to protect the great lakes. (f)Environment and Land Tribunals Ontario (OMB) dated May 11/12 re: acknowledgement of per diem allowance request for increase. (g)Conservation Ontario report dated June 14, 2012 re: Proposed Great Lakes Protection Act and Strategy – Review Approach. Rick Webster Percy Way Correspondence not specifically dealt with be placed on file. Fred Dobbs, Manager of Stewardship Services provided a presentation on the findings of the Lake Sturgeon Radio Tracking Study – Spring 2012. - Board of Directors Meeting called: July 27, 2012 9:00 a.m. Alicia Savage Brent Preston this meeting adjourn at 11:28 a.m. to meet again at the call of the Chair. Walter Benotto, Chair Wayne R. Wilson, CAO/ Secretary-Treasurer th Approved this 27 day of July , 2012 Page 324 of 450 of the NVCA BOARD OF DIRECTORS MEETING -No. 07/12–Jul. 27, 2012 NVCA staff submitted a proposal for funding to the U.S. Sustain Our Great Lakes program, highlighting 16 stewardshipprojects throughout the Nottawasaga Valley watershed.The proposal was accepted and $100,000 in funding has been pledged for projects completed between January 1, 2012 and May 30, 2014. The NVCA is one of only two Conservation Authorities in Ontario to date to receive thisgrant.The grant recognizes thesignificant role the Nottawasaga River watershed plays in the protection of Lake Huron’s fisheries and wildlife. TheSustain Our Great Lakes program is a public-private partnership among the U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service,U.S.D.A. Forest Service, National Fish and Wildlife Foundation, National Oceanic andAtmospheric Administration, Natural Resources Conservation Service, and US steel and mining company ArcelorMittal. More details are included in a separate press release, available on theNVCA website at www.nvca.on.ca. The NVCA received a $4,000 grant from the Canadian Land Trust Alliance (CLTA), to assist with costs related to the acquisition of 114 acres in the municipality of Springwater. The lands were donated by the Dunsmore familyin 2011. The missionof the CLTAis to promote private land conservation and to strengthen the land trust movement nationally. In January of2012,the CLTA announced an “Opportunities Fund”to assist organizationsbyoffsetting the securement costs for lands of significant ecological value.Eligiblecostsincludeappraisals, baseline data reports and legal fees. The entire NVCA watershed has been in a Low Water Level I drought condition since the first week of July. This means thatprecipitation has beenless than 80% of three- month average, and streamflow less than 70% of the lowest average summermonth flow. When this occurs,the NVCA convenes a Low Water Response Team, and communicates the situation to the public via the media and municipalities, recommending10% voluntarily cutbacks to water users.NVCA staff have also been working with a collective of the major business and agricultural irrigators, who 1 Page 325 of 450 voluntarily coordinate water use to minimize the impact on the environment and fellow water users. The NVCA Board of Directors approveda staff recommendation to continue to activelysupport the local Low Water Response Team byencouraging water conservation initiatives, water conservation communications, and ongoinglow water condition monitoring and updates.Additionally, NVCA staff are to monitor the effectiveness of the 2012 Low Water ResponseProgramand prepare a recommendations report summarizing theeffectiveness of the 2012 Low Water Response Program in the NVCAwatershed, to be presented to the Board for direction inSeptember. TheBoard received a presentation from theBlue Mountain Watershed Trust Foundation (BMWTF) regarding their vision for protecting the Silver Creek Wetland Complex –aProvincially Significant Coastal Wetland complex consistingof four individual wetlandsalong the Nottawasaga Bay shorelinein the municipalities of The Town of theBlue Mountains and Collingwood. The large wetland is one of the few remaining coastal wetlands in Lake Huron,and provides a criticalhabitat for a diverse variety ofbirds, fish and plant species.THE BMWTF is currently presenting to municipal governments, conservation authorities and environmental interest groups to seek support for their efforts to ensure these wetlands come under conservationist ownershipin orderto ensure the long term protection and restoration of these critical wetlands.The BMWTF will propose further recommendations to the BOD following inputfrom othergroups. The Board approved the revised Vehicle Use & Personal Vehicle Use Policy & Procedureto include reference to a newly created NVCA Safe Driver’s Handbook, and to reflect the new Board governance structure. Electrofishing is a common scientific survey method–wherebyunder approved and controlled conditions, electrical current is used to temporarilystun fish–used to non- lethally sample fish populations to determine abundance, density, and species composition. When performed correctly, electrofishing results in no permanent harm to fish, which return to their natural state in as little as two minutes after being stunned. The Board of Directors approved the NVCA Electrofishing Policy & Procedure, to ensure NVCA staff carries outelectro fishing in a safe and authorized manor, including a description ofthe required training and responsibilities. 2 Page 326 of 450 The six-month budget report indicated that the NVCA is tracking very well relative to the 2012 approved budget. Overall at the end of June, 48.71% of budgeted expenses had been made, and 49.77% of budgeted revenues had been received. The Board of Directorsapproved staff’s recommendation to implement the development of a NVCA Strategic Plan to provide strategic direction for the NVCA. The plan will complement the NVCA’s Business Plan and Watershed Plan already in use. Staff will prepare an RFP to hirea consultant to assist in the development process, and to facilitate stakeholder input sessions. Board Meeting 8/12–Aug., 2012Wayne Wilson, CAO/Secretary-Treasurer (705) 424-1479 ext. 225 Festival at Fort Willow –Sept. 15, 2012wwilson@nvca.on.ca 3 Page 327 of 450 12k) Page 328 of 450 12k) Page 329 of 450 12k) Page 330 of 450 12k) ™ ™ ™ ™ ™ ™ ™ ™ ™ ™ ™ ™ ™ ™ ™ ™ ™ Page 331 of 450 12k) ™ ™ ™ ™ ™ ™ ™ ™ ™ ™ ™ ™ ™ ™ ™ ™ ™ ™ ™ ™ ™ Page 332 of 450 12k) ™ ™ ™ ™ ™ ™ ™ ™ ™ ™ ™ ™ ™ ™ ™ ™ ™ ™ ™ ™ ™ ™ ™ ™ ™ ™ ™ Page 333 of 450 12k) Page 334 of 450 12k) Page 335 of 450 12k) Page 336 of 450 Correspondence dated June 14, 2012 from Don Campbell,... Page 337 of 450 12m) Page 338 of 450 12m) Page 339 of 450 Correspondence dated July 23,2012 from Barbara Hall, ... Page 340 of 450 Correspondence dated July 23,2012 from Barbara Hall, ... Page 341 of 450 12o) Page 342 of 450 12o) Page 343 of 450 13a) Correspondence  dated July 9, 2012 from  Bob Chiarell... Page 344 of 450 13a) Correspondence  dated July 9, 2012 from  Bob Chiarell... Page 345 of 450 13b) Correspondence received July 23, 2012 from Ashley Spi... ATTTN: Shawnn Binn, Towwn of Oro-MMedonite THTH Ree: ONTARIO MOUNTTAIN BIKINNG FESTIVVAL AUG 118-19,22012 Ass per our teleephone conversation pleaase see beloww event infoormation: Evvent Details :: Scarlett Hoouse Cateringg Inc. will be catering thhe ONTARIOO MOOUNTAIN BBIKING FEESTIVALevvent which iss festival to ccelebrate andd promote moountain bikinng in Ontarioo, Scarlett HHouse Caterinng Inc. will bbe selling BBQ food andd beer outsidde in fenced area. Guuest Count: Saturday 8000 guests, Suunday 400 guuests Timme: Saturdaay 18th 11:000am-11:00pmm, Sunday 119th 11:00amm-5:00pm Loocation: Harrdwood Hillss, 402 Old BBarrie Road, Oro-Medonnite LOL-2E00 Maap: Please see attached mmap. If yyou require any further iinformation please contaact me at thee office at (905) 567- 6302 or via emmail at ashleyy@scarletthoouse.ca. Thhank you, Asshley SpizzirriCatering & Event Coordinator ashhley@scarletthouse.ca ScarletttHouseCateringInnc. 6905MMillcreekDriveUnitt1 MississsaugaONL5N6A33 Tel9055676302Fax90556776908 Page 346 of 450 13b) Correspondence received July 23, 2012 from Ashley Spi... Page 347 of 450 13b) Correspondence received July 23, 2012 from Ashley Spi... Page 348 of 450 13b) Correspondence received July 23, 2012 from Ashley Spi... Page 349 of 450 13c) Correspondence dated July 30, 2012 from Dave Parks, C... Page 350 of 450 13c) Correspondence dated July 30, 2012 from Dave Parks, C... Page 351 of 450 13d) Correspondence dated August 2, 2012 from Marco Campan... nd August 2, 2012 Dear Oro-Medonte Council & Committee members; Please accept this letter as a request for approval for Mountain Equipment Co-op’s (MEC) on Saturday, October 13th. Fall Classic 5km/10km Road Race MEC’s goal for organizing a road running race is to bring this sort of event back to its grassroots, and partnering with Oro-Medonte brings another level of to the community event. To reach this goal we plan our events to be cost neutral; meaning, we are not trying to make a profit. We can achieve this by keeping our registration fees very low ($15), limiting participant registration numbers (300), and do not provide a lot of the redundant waste (race packages) that can be present in larger events. Ultimately, we want to support the running community with events that are fun, inexpensive, well organized, and a good reason to get outside and be surrounded with likeminded active people. In the supporting documents provided to you I hope MEC has demonstrated to your satisfaction that we have considered everything pertaining to this race. In partnering with the parking will not be an issue. The OPP will be on site to Oro Agricultural Society ththth direct traffic at the 8, 9, and 10 Lines. We will have medical services on-site and working within our Risk Management plan. Below I have provided a general overview of how the event will unfold. Event set-up will commence at 6 am by staff and volunteers. The race will begin at 9 am and finish by 1 pm with clean-up completed by 2 pm. Race participants will have chosen thth to run either the 5 km or 10 km distance. Each participant will run along 15/16 Line and once they reach their distance’s turnaround mark (2.5 km & 5 km) they will turn around and return running the way they came and finish at the start line. There will be front and rear sweeps for runners to follow and for road safety. Awards will be presented once everyone has completed their distance. I want to thank you in advance for considering our event. If you have any questions or concerns please feel free to contact me. Sincerely, Marco Campana, Outreach & Learning Coordinator 149 West 4th Avenue, Vancouver, BC V5Y 4A6 (604) 732-1989 Fax: ( Page 352 of 450 13d) Correspondence dated August 2, 2012 from Marco Campan... MEC Summer Classic 5km/10km Barrie Risk Management Plan Barrie Fall Classic 5km/10km 2012 Emergency Risk Management Plan Event Procedures Description The Barrie Summer Classic 5km/10km road running race Permits All required permits will be held for this event. Under our cur permitted through the township of Oro Medonte for street access (noise ordinance). We will have a signed contract with the Oro A the use of their Fairgrounds with the intended use of car parkin Security There will be no security necessary. Liability Waivers Anyone participating in any element of Summer Classic race, apar through and gathering information, will be required to sign MEC’ Children participating in the Summer Classic will require a pare signature on their waiver. When participants arrive at Summer C road race, they will be directed to the MEC registration booth w waiver. All signed a waiver will be kept on site. All volunteer MEC liability waiver. Insurance As required by the Township of Oro Medonte, the MEC Summer Class million liability insurance that names the Township as additiona Volunteers: All volunteers who are working with MEC Summer Classic directly covered by MEC’s insurance. These volunteers will have to sign a risk waiver before participating. Instructors: Any instructors working directly for MEC (paid employee) will be MEC’s insurance. These instructors will be asked to sign the sa volunteers. Anyone instructing or on behalf of another organiza N/A their organization’s insurance. Site Management The boundaries of the MEC Summer Classic will be the Oro Worlds thth bordering 15/16 Line side road. Runner will be running alongside or on the edge thth 15/16 Line side road. Runners will reach a turnaround at the 2.5km & th (see attached map). Access to the event will be at the junction Line and the thth 15/16 entrance of the Oro Worlds Fairgrounds. Vehicle parking for the event will be at the Oro Worlds Fairgrou Medical will be providing First Aid services for the event. 1 Page 353 of 450 13d) Correspondence dated August 2, 2012 from Marco Campan... MEC Summer Classic 5km/10km Barrie Risk Management Plan Event Staff and Volunteer Management. All event staff and volunteers will be trained for their specifi helping out. Along with task training, event boundaries, safety management and rendezvous points will be reviewed / briefed in s training. Volunteers will receive a gift card from MEC for their Equipment / Inventory Management All event equipment from the store will be inventoried before leaving the store and checked back in after the event. All event equipment will be cl Any MEC merchandise that will be used for demos or displays will inventory for the event and checked back into inventory afterwar is demoed at the event will be marked down accordingly, with the N/A marked down being taken from the Activity budget. Risk Mitigation Steps Throughout the Event All walkways will be free of obstacles that could prove to be a participants. Wires for the sound system and or electricity will carpets or routed out of the way of pedestrians. Events booths will be free of obstacles and or hazard that coul participants or staff. Booths will be required to be secured pr withstand wind and or rain. Event organizers will survey all booth areas to ensure that the safety guidelines. The main event area will be staffed with at least two staff at roving staff is to keep the event free and clear of any obstacle help keep people from walking/running in no-running zones. When moving equipment, staff will be instructed on how to lift manner that reduces the chances of injury to themselves or other Medical Services MEC Summer Classic will be staffed by two paramedics at all time Odyssey Medical will be set up in a tent onsite of the event cle EMS service / First Aid. A minimum of two MEC staff will be first aid certified and carry first aid roving staff will be responsible for first response in emergency. Communications The police and fire will be notified of the presence of MEC Sum th Oro Worlds Fairgrounds July 29. The Township of Ore Medonte will receive a copy of the MEC Summ Emergency plan prior to the event. The event organizers will both have cell phones. These phones main emergency contacts for the event. Prior to the beginning of the event, staff in the role of emerg and event managers will be briefed on procedures. All staff working the event will carry with them a list of contact phone numbers for emergency personnel. 2 Page 354 of 450 13d) Correspondence dated August 2, 2012 from Marco Campan... MEC Summer Classic 5km/10km Barrie Risk Management Plan All communication devices to be used in emergency communication tested prior to the event. Prior to the event,event staff, on-site EMS, and the event organizers will hold a meeting to review emergency procedures as well as asses any safety issues or risks specific to that day. Emergency Procedures In case of a life threatening situation 911 will be contacted im will be advised of this important step in emergency response. In the case of a non-life threatening injury or medical situatio co-ordinate with the onsite the event organizers and onsite EMS safety / in care of EMS. Any group leaving the event site will carry with them a working cell phone. In case of an emergency, the leaders of the off-site trip will notify the even life threatening off-site medical emergency 911 will be notified event site will have at least one leader trained in First Aid an In the case of a non-medical emergency, such as sever weather or system will be used to notify participants of the emergency and will direct them to leave the area of danger and get to safety. If the PA system is not w organizers will work with staff to move through the event and no emergency. Prior to the event, all event staff and volunteers wi predetermined location / meet up point in the case of an non-med event staff meet up point will be in front of the main entrance Fairgrounds. Anyone suspected theft will be immediately directed to Ontario P Media: Any media questions regarding an emergency at the MEC Summer Cla should be directed to Marco Campana or Chris Bosworth who will t information to the right persons at MEC head office. 3 Page 355 of 450 13e) Correspondence dated August 3, 2012 from Andrea Walli... Page 356 of 450 15a) Being a By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-140 Being a By-Law to Authorize the Issuance of the Certificate of Maintenance and Final Acceptance (Aboveground Services) for Laurel View Homes - Landscapes at Horseshoe Valley – Phase 1 Registered Plan 51M-741 WHEREAS Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, Chapter P.13, as amended, provides that municipalities may enter into agreements imposed approval of a plan of subdivision and such agreements may be reg which the subdivision plan applies; AND WHEREAS Council for the Corporation of the Township of Oro-Medonte ente amended Subdivision Agreement with Laurel view Homes Inc. in Apr residential development consisting of sixty six (66) lots on Lan Crescent, and Oakmont Avenue. AND WHEREAS the requirements of this Subdivision Agreement with respect to aboveground works have now been met; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte h enacts as follows: 1. That the Certificate of Maintenance and Final Acceptance (Abo Landscapes at Horseshoe Valley, Laurel View Homes Inc., Register Phase 1, may now be issued by the Township Engineers (AECOM) in the Subdivision Agreement between the Corporation of the Townshi and Laurel View Homes Inc. 2. That the attached Schedule “A”, Certificate of Maintenance an (Aboveground Services) shall form part of this By-Law. 3. That this By-law shall come into effect upon the date of pass TH BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 15 DAY OF AUGUST, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes _____ Clerk, J. Douglas Irwin Page 357 of 450 15a) Being a By Schedule 'A' to By-Law No. 2012-140 Page 358 of 450 15b) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-141 A By-law to Assume and Establish Highways Within the Township of Oro-Medonte Landscapes Drive from Highland Drive to Tanglewood Crescent 51M-741 Tanglewood Crescent from Landscapes Drive to Oakmont Avenue M51-741 Oakmont Avenue 5M-741 WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that municipalities may pass by-laws with respect to jurisdiction over highways; AND WHEREAS Section 31 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that municipalities may, by by-law, establish a highway; AND WHEREAS Section 26 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, defines what constitutes a highway; AND WHEREAS Council of the Township of Oro-Medonte deems it necessary to assume and establish for use highways within the boundaries of the Township of Oro- Medonte listed on Schedule ‘A’ attached hereto; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: THAT 1. all highways listed in Schedule ‘A’ of this by-law are hereby assumed and established for use as a public highway; THAT 2. the attached Schedule ‘A’ shall form part of this By-law; THAT 3. this by-law shall come into force and take effect on its final passing thereof. TH BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 15 DAY OF AUGUST, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 359 of 450 15b) A By Schedule “A” to By-law No. 2012-141 for The Corporation of the Township of Oro-Medonte Assumed and Established for Use as a Public Highway Street Name Description Plan # Landscapes Drive From Highland Drive southerly to 51M-741 Tanglewood Crescent, a distance of 200 metres Tanglewood Crescent From Landscapes Drive east, then 51M-741 south, then west to Oakmont Avenue, a distance of 435 metres Oakmont Avenue From Tanglewood crescent north, to 51M-741 Tanglewood crescent a distance of 200 metres Page 360 of 450 15c) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE By-Law No. 2012-142 A By-Law to Authorize the Execution of an Agreement Between the Township of Oro-Medonte and Peak Engineering & Construction Ltd., for the Warminster Water Reservoir Upgrades (Contract No. 60247297) WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 224, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; ANDWHEREAS Council for The Corporation of the Township of Oro-Medonte declared, by Motion No. C120711-21, the successful bidder of the Warminster Water Reservoir Upgrades Tender, Contract No. 60247297, to be Peak Engineering & Construction Ltd.; AND WHEREAS Council deems it expedient to enter into an agreement for Contract No. 60247297, for the Warminster Water Reservoir Upgrades; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: THAT 1. the Mayor and Clerk be authorized to execute the Agreement for Contract No. 60247297 attached hereto as Schedule “A” and forming part of THAT 2. this by-law shall take effect on the final passing thereof. TH BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 15 DAY OF AUGUST, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ____________________________ Mayor, H.S. Hughes ____________________________ Clerk, J. Douglas Irwin Page 361 of 450 15c) A By Page 362 of 450 15c) A By Page 363 of 450 15c) A By Page 364 of 450 15d) Being a ByLaw to License and Regulate Towing Compani... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-143 Being a By-Law to License and Regulate Towing Companies, Tow Truck Owners and Tow Truck Drivers (“Towing By-Law”) and to Repeal By-law No. 2011-093 WHEREAS Section 11of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, enables a municipality to enact By-Laws for the purpose of business licensing; AND WHEREAS Part IV of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides for Licenses; AND WHEREAS Section 151 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality may provide for a system of Licenses with respect to a business; AND WHEREAS Section 155 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a local municipality, in a By-Law under Section 151 with respect to owners and drivers of Tow Trucks and vehicles, other than motor vehicles, used for hire may (a) establish rates of fares to be charged for the conveyance of property or passengers either wholly within the municipality or from any point in the municipality to any point outside the municipality; and (b) provide for the collection of the rates or fares charged for the conveyance; AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte has deemed it expedient to License and regulate Towing Companies, Tow Truck Owners and Tow Truck Drivers wishing to operate within the Township of Oro-Medonte. NOW THEREFORE , the Council of The Corporation of the Township of Oro-Medonte enacts as follows: 1. That the Licensing and Regulation of Towing Companies, Tow Truck Owners, and Tow Truck Drivers shall be governed by the provisions and regulations contained in Appendix “A” and Schedules 1, 2, 3, 4, 5, and 6 attached hereto and forming part of this By-Law. 2. That this By-Law may be cited as the “Towing By-Law”. 3. That By-law No. 2011-093 is hereby repealed in its entirety. 4. This By-Law shall come into force and effect on the date of i BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS TH 15 DAY OF AUGUST, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE __________________________ Mayor, H.S. Hughes __________________________ Clerk, J. Douglas Irwin Page 365 of 450 15d) Being a ByLaw to License and Regulate Towing Compani... APPENDIX “A” INDEX SECTION DEFINITIONS .................................................... PURPOSE ........................................................ GENERAL REGULATIONS ............................................ EXEMPTIONS ............................................................... INCOMPLETE APPLICATIONS ................................................................ LICENSES ....................................................... LICENSE FEES AND INSPECTIONS ................................... License Fees .................................................. Inspections ................................................... LICENSE REGISTRY/ROTATIONAL CALL LIST ................................................ TOWING COMPANY ................................................................ Application for a License - Towing Company ............................................. Heavy Towing ................................................... Posting of License - Towing Company ........................................... Duties - Towing Company ........................................ Change of Ownership ............................................ Change of Premises or Location .................................................... Prohibitions - Towing Company ..................................................... TOW TRUCKS .............................................................. Application for a License - Tow Truck .................................................. Posting of License – Tow Truck .................................................... Duties - Tow Truck Owner ................................................................ Prohibitions - Tow Truck Owner .................................................... TOW TRUCK DRIVER ............................................... Application for a License - Tow Truck Driver ............................................. 11.1 Posting of License – Tow Truck Driver ...................................................... 11 Tow Truck Driver Trainees .................................................. Duties - Tow Truck Driver ..................................... Prohibitions - Tow Truck Driver ............................................................. LICENSING OFFICER .............................................. Duties - Licensing Officer ..................................................... LICENSE – REFUSAL ................................................................ LICENSE – SUSPENSION ........................................... LICENSE – REVOCATION ........................................... DECISION OF LICENSING OFFICER .................................................... APPEAL OF DECISION OF LICENSING OFFICER ............................................... 17 HEARING OF APPEAL .............................................. ENFORCEMENT .................................................... SCOPE AND AUTHORITY ............................................ SEVERABILITY .............................................................. 236 Page of Page 366 of 450 15d) Being a ByLaw to License and Regulate Towing Compani... SCHEDULE 1 - TARIFF OF RATES – COLLISION TOWING SCHEDULE 2 - LICENSE FEES SCHEDULE 3 - TOWING COMPANY - APPLICATION SCHEDULE 4 - OCCUPATIONAL HEALTH AND SAFETY STATUTORY DECLARATION FORM SCHEDULE 5 – TOW TRUCK - APPLICATION SCHEDULE 6 – TOW TRUCK DRIVER - APPLICATION 336 Page of Page 367 of 450 15d) Being a ByLaw to License and Regulate Towing Compani... APPENDIX “A” To By-Law No. 2012-143 1. DEFINITIONS 1.1. For the purpose of this By-Law: Applicant: means a person or corporation having made an Application pursuant to this By-Law but has yet to be issued a License pursuant to this By-Law. Automobile: means a motor vehicle as defined by the Highway Traffic Act, R.S.O. 1990, Chapter H.8, as amended, (herein referred to as the Highway Traffic Act), and shall include a Vehicle. Business: means any business wholly or partly carried on within the Township even if the business is being carried on from a location outside the Township and includes the sale or hire of goods or services on an intermittent or one-time basis, and any activity or thing a local municipality may License under the Municipal Act, 2001, S.O. 2001, c.25, as amended (herein referred to as the Municipal Act). By-Law: means any By-Law enacted by the Council of The Corporation of The Township of Oro-Medonte. Clerk: means the Clerk of the Township and/or their designate. Collision: means when a vehicle has been involved in a crash, whether by itself or with another vehicle or object, and includes when a vehicle has rolled over, and in all such cases, the vehicle has incurred damage or appears to have incurred damage and/or has been disabled by fire. Collision means the general location where a collision has occurred and includes Scene: a two hundred (200) metres radius of the location of the collision. Collision means the towing of a disabled vehicle as the result of a collision. towing: Compound: means a Motor Vehicle Storage Yard as defined in the Township’s Zoning By-law No. 97-95, as amended. Council: means the Council for The Corporation of the Township of Oro- Medonte. Detachment means the Detachment Commander, Ontario Provincial Police, Barrie Commander: Detachment. Hirer: means a person and/or owner of a vehicle, requiring towing services and who authorizes the service to occur by completing an itemized invoice. Heavy means any vehicle or combination of vehicles with a gross vehicle Towing: weight of a minimum 15,000 kilograms (33,000 pounds) or greater. Licensing means the Clerk of the Township. Officer: License: means a License issued pursuant to this By-Law. Licensee: means a person or company who has been issued, and holds, a valid current License pursuant to this By-Law. Maintain: means to keep in a particular condition or to preserve. May: means discretionary and not mandatory. 436 Page of Page 368 of 450 15d) Being a ByLaw to License and Regulate Towing Compani... Ministry of means a designated officer appointed by the Minister of Transportation. Transportation Enforcement Officer: Municipal Law means a person duly appointed by the Township for enforcing the Enforcement provisions of this By-law. Officer: Non-Collision means the towing of a vehicle as a result of mechanical failure, an Towing: impairment, a police seizure, a vehicle fire not involving a collision, or other similar cause, and if the presence of an officer at the scene of a tow does not define or classify the towing as Collision Towing. Nuisance: means any activity or action which disturbs or is likely to disturb any individual. Off road means when a vehicle has left the roadway, and is no less than ten (10) recovery: feet from the edge of the roadway, but shall exclude parking lots and other areas that are intended for vehicles to travel upon and/or park. Office: means an enclosed structure or space where business is carried on. Officer: means a Municipal Law Enforcement Officer,a Provincial Offences Officer,a Police Officer, a Peace Officer, a Ministry of Transportation Enforcement Officer, or any other individual authorized to enforce the provisions of this By-law. Operate: means to conduct or carry on. Owner: means the registered owner(s) of the land, premises or business and/or vehicle/equipment, or the person or their authorized agent in lawful control of the lands, premises or business and/or vehicle/equipment. Person: means any individual, corporation, partnership, company, association or party and the heirs, executors, administrators, or other legal representative of such person, to whom the context can apply according to law, and shall include any group of persons comprising a society or other organization and shall include the plural wherein the context requires. Peace Officer: means a Police Officer or other person employed for the preservation and maintenance of the public peace, or for the service or execution of civil process, or any officer appointed for enforcing or carrying out the provisions of any Federal or Provincial Act. Police Officer: means a sworn peace officer of the Ontario Provincial Police, the Chief of Police or any other Police Officer, including a person who is appointed as a Police Officer under the Interprovincial Policing Act, 2009, S.O. 2009, Chapter 30 (herein referred to as the Interprovincial Policing Act), but does not include a Special Constable, a First Nations Consta Municipal Law Enforcement Officer or an Auxiliary Member of a Police Force, as per the Police Services Act, R.S.O. 1990, Chapter P.15 (herein referred to as the Police Services Act). Premises: means land, including any and all buildings or other structures thereon and includes any vehicle or conveyance used in the operation of the Towing Company. Rates: means the rates set out in the Tariff of Rates attached as a Schedule to this By-Law, which shall be reviewed periodically by the Licensing Officer and/or the Statement of Rates and Charges provided by the Towing Company to the Licensing Officer. Roll over: means when a vehicle has flipped over and is resting completely upside down, typically on its roof. 536 Page of Page 369 of 450 15d) Being a ByLaw to License and Regulate Towing Compani... Rotational Call means a list, administered by the Township, which identifies all Towing List: Companies, which hold valid current licenses issued pursuant to this By- law. Shall: means mandatory and not discretionary. Solicit: means when a person attempts to obtain business by offering their services without an individual willing seeking such services on their own accord. Tow: means to move, winch, hook, lift, remove or convey, by means of a Tow Truck, a vehicle whether or not such vehicle is intact or in an inoperable condition. In the absence of any evidence to the contrary, the tow will be deemed to originate in the Township. Township: means The Corporation of the Township of Oro-Medonte. Towing means a business which provides services typically received by a Tow Company: Truck Driver. Tow Truck: means a motor vehicle, with a gross vehicle weight rating of at 4,536 kilograms (10,000 pounds), used for hire for towing or oth conveying vehicles, whether or not such towed or conveyed vehicle is intact or in an inoperable condition, shall include but is not limited to vehicles that tow or convey by way of a flatbed truck, tilt and load, hoist, dolly, pulleys, chains or other similar items. Tow Truck means the person responsible for the care and operation of the Tow Driver: Truck and services related thereto and includes a Tow Truck Owner. Tow Truck means a Tow Truck Driver as defined in this By-law. Owner: Vehicle: means an Automobile as defined in this By-law. 2. PURPOSE The Council of The Corporation of the Township of Oro-Medonte considers it desirable and necessary to license, regulate or govern owners and drivers of Tow Trucks for the purposes of: a) Health and safety, to encourage safe maintenance and operational practices for tow truck owners and drivers, to ensure accountability for health and safety issues. b) For the purpose of consumer protection, to encourage equal, fair and courteous treatment of vehicle passengers, drivers and owners. c) To protect the property of vehicle passengers, drivers and owners, to ensure competence of tow truck owners and drivers in providing Tow Truck services. d) To promote accountability, to ensure consistency in the Application of rates charged, to support proper and good practices for the purpose of nuisance control. e) To promote professional behaviour and fair dealing among participants in the business, to ensure courteous treatment, and to limit or mitigate unsightliness, unnecessary noise, nuisance or disruption for vehicle passengers, drivers, owners and the general public. 636 Page of Page 370 of 450 15d) Being a ByLaw to License and Regulate Towing Compani... 3. GENERAL REGULATIONS a) Every Towing Company, Tow Truck Owner and Tow Truck Driver wishing to operate within the geographical boundaries of the Township of Oro-Medonte shall obtain the appropriate License pursuant to the provisions of the By-law prior to operating within the Township. b) No person shall be Licensed pursuant to this By-law, unless they are at least eighteen (18) years of age, a citizen of Canada or a landed immigrant, or hold a valid employment authorization issued by the Government of Canada to work as a driver or owner, and have a working knowledge of English. c) No person shall publish, or cause to be published, any representation that they are Licensed pursuant to the provisions of this By-Law if they have not been issued a License pursuant to this By-law. d) Any person required to obtain a License pursuant to this By-Law, shall apply, in writing, on the appropriate Applicationas set out in the Schedules of this By-law. e) There shall be a separate Application for each Towing Company, Tow Truck and Tow Truck Driver to be Licensed. f) No Tow Truck or Tow Truck Driver shall be licensed until such time as the respective Towing Company is licensed pursuant to this By-law. g) The Applicant shall comply with any and all requirements as set out in this By-Law, as well as any other provisions which may govern the business, place or premises used in the carrying on of the business and/or the persons carrying on the business or engaged in it and to which the Application pertains. h) Any License issued pursuant to the provisions of the By-law may be subject to such terms and conditions as the Licensing Officer may prescribe. i) Except as may otherwise be specified in this By-Law, every License issued pursuant to this By-law shall expire on the first day of the month, one year after issuance. 4. EXEMPTIONS a) The Licensing Officer and/or Council may grant an exemption to any person from any provision of this By-Law, and impose conditions for such exemption as may be considered reasonable and necessary, provided such exemption does not interfere with the general integrity of this By-Law. b) An unlicensed Tow Truck Driver is exempt from the Licensing requirements of this By-law if such Tow Truck Driver is based outside the licensing boundary of the Township and they are actively engaged in towing a vehicle were such tow has originated from outside the geographical boundaries of the Township. c) In the event that a situation develops that requires specialized towing equipment that is not available through the Licensed Towing Company that has been dispatched, then the closest available Licensed Towing Company with the required specialized equipment may be called. If no Licensed Towing Company has the required specialized towing equipment, then the Towing Company that has been dispatched, may call for the required specialized equipment from an unlicensed Towing Company, and the unlicensed Towing Company’s employees shall be exempt from the requirements of this By-Law for the duration of the call for service, and the Licensed Towing Company that has been dispatched must immediately advise a Municipal Law Enforcement Officer. 736 Page of Page 371 of 450 15d) Being a ByLaw to License and Regulate Towing Compani... d) In the event that a Police Officer and/or an Investigating Officer requires Tow Truck services to be provided from a Towing Company that has a contract or memorandum of understanding with the Ontario Provincial Police or any other Police Service, the necessary Towing Company may be called and the Towing Company and its employees shall be exempt from the requirements of this By- Law for the duration of the call for service. e) In the event that a Police Officer and/or an Investigating Officer requires Tow Truck services to be provided from a Towing Company that can offer specialized services required by the Police Officer and/or Investigating Officer, the necessary Towing Company may be called and the Towing Company and its employees shall be exempt from the requirements of this By-Law for the duration of the call for service. f) Where there is a matter of public concern or public safety, the Hirer may be asked to select a Licensed Towing Company from the Rotational Call List,or if the Hirer is unable to do so, or the Officer determines that the vehicle must be moved immediately, the Officer shall determine the manner in which to have the vehicle moved immediately. g) Where there are no matters of public concern or public safety, the Hirer shall be asked to select a Licensed Towing Company from the Rotational Call List, or if the Hirer is unable to do so, the Officer shall have the next Towing Company dispatched from the Rotational Call List. 5. INCOMPLETE APPLICATIONS a) Incomplete Applications shall not be deemed to have been received. The Applicant shall have up to fifteen (15) calendar days to submit any missing information in relation to their Application. If after fifteen (15) calendar days, the Application is still incomplete, the entire Application package shall be returned to the Applicant, except for any License Fees which may have been paid. 6. LICENSES a) Licenses are not to be deemed personal. b) No person shall enjoy a vested or property right in any License or the continuance of any License and such License and such rights shall remain the property of the Township. c) A Towing Company License issued pursuant to this By-law is not transferable. d) A Tow Truck License issued pursuant to this By-law may be transferred, as outlined in the Application for a License - Tow Truck section. e) A Tow Truck Driver’s License issued pursuant to this By-law is not transferrable. 7. LICENSE FEES AND INSPECTIONS 7.1 License Fees a) License Fees, as set out in Schedule 2 of this By-Law, are to be paid prior to the issuance of a License. b) Once any License Fee is submitted to the Licensing Officer, the License Fee shall not be reimbursed in whole or in part. 836 Page of Page 372 of 450 15d) Being a ByLaw to License and Regulate Towing Compani... c) The Replacement License Fees, as set out in Schedule 2, shall apply to the following: i) In the event that a License issued pursuant to this By-Law is lost or destroyed, the Licensing Officer, upon satisfactory proof of such loss or destruction, and upon payment of the applicable Replacement License Fee, the Licensing Officer shall issue a Replacement License. The Replacement License shall expire on the same date as the original License. ii) Where the operating name of a business changes, but the ownership of a business is not changed, the Licensee shall immediately notify the Licensing Officer, and upon payment of the applicable Replacement License Fee and being satisfied that there have been no other changes in the circumstances of the Licensed business, the Licensing Officer shall issue a Replacement License. The Licensee shall return and surrender all currently issued License(s) in order to affect such a change.The Replacement License shall expire on the same date as the original License. iii) In the event that a Tow Truck Licensed under this By-Law is removed from the Towing Company’s fleet, the Tow Truck License may be transferred to the replacement Tow Truck upon submission of a Tow Truck Application and payment of the applicable Tow Truck Transfer Fee.The Replacement License shall expire on the same date as the original License. 7.2 Inspections a) An Officer, or other duly appointed individual may at all reasonable times, inspect or cause to be inspected the premises, facilities, equipment, vehicles, and other property used or kept for hire in connection with the carrying on of a business which is Licensed or which is required to be Licensed pursuant to this By-Law. b) In the event that a Towing Company or Tow Truck do not meet all of the requirements stipulated in this By-law at the time of an Inspection, the Towing Company or Tow Truck shall be deemed to have failed the Inspection, and an Additional Inspection shall be required prior to further consideration of issuance of the requested License. All fees associated with the Additional Inspection shall be the responsibility of the Applicant. b) The Licensing Officer may waive the requirement for any inspection, approval or documentation as may be required pursuant to this By-Law, where such inspection, approval or documentation is not applicable to the carrying on of the business which is Licensed or required to be Licensed under this By-Law. 8. LICENSE REGISTRY/ROTATIONAL CALL LIST a) The Licensing Officer shall maintain a License Registry. The License Registry shall contain the following information: Tow Company Name Tow Company License Number Tow Company Telephone Number Tow Company CompoundLocation Tow Truck Identification, including whether the Truck is a Flatbed Tow Truck License Number Tow Truck Drivers who have been licensed Any other information which may be useful or necessary. A copy of the most current License Registry shall be provided to the Ontario Provincial Police Barrie Detachment upon request. 936 Page of Page 373 of 450 15d) Being a ByLaw to License and Regulate Towing Compani... b) The Licensing Officer shall maintain a Rotational Call List. The Rotational Call List shall identify Licensed Towing Companies, including Heavy Towing, and shall contain the following information: Tow Company Name Tow Company Telephone Number Tow Company CompoundLocation Whether the Tow Company has a Flatbed The date on which the Rotational Call List was updated. c) Licensed Tow Companies that have been granted an exemption, by Council, to permit the Tow Company to respond to customer requests within the geographical boundaries of the Township, shall not be included on the Rotational Call List. d) The Township shall provide Dispatch Service for Licensed Tow Companies, on the Rotational Call List, through a third party. The Dispatch Service shall utilize the Rotational Call List to dispatch requests for towing services, on a rotating basis, to each licensed Towing Company. If a Towing Company declines a call for service, or the Dispatch Service is unable to reach the Towing Company, either by not having their call answered or the telephone line being busy, the Towing Company will be deemed to have declined the call for service and the next Tow Company on the Rotational Call List shall be contacted. e) Upon every update of the Rotational Call List, the Township shall provide an updated Rotational Call List to the Dispatch Service and the Detachment Commander. f) On a quarterly basis, the Township shall invoice all Licensed Tow Companies who have been on the Rotational Call List, for at least two (2) weeks during the time period being invoiced, for all costs incurred by the Township for providing the Dispatch Service. The total costs incurred by the Township shall be equally invoiced to the Tow Companies, and copies of the invoices from the Dispatch Service shall be included with the Township’s invoices to each Towing Company. g) In accordance with the Township’s policy with respect to Township Use of Towing Services, all individuals utilizing Township vehicles/equipment who require Towing Services shall call the Dispatch Service to have a Licensed Towing Company dispatched for service. 9. TOWING COMPANY 9.1 Application for a License - Towing Company The Applicant shall provide to the Licensing Officer, at the time of Application, all of the following applicable documents: a) A duly completed Application Form as set out as Schedule 3 of this By-Law. b) Payment of the appropriate fees as set out in Schedule 2 of this By-Law. c) Proof of Commercial General Liability Insurance obtained and kept in force during the term of the License issued, satisfactory to the Township, be written by an insurer Licensed to conduct business in Canada and include, but not be limited to, the following: i) A limit of liability of not less than five million ($5,000,000.00) for each occurrence. ii) The Township shall be named as an additional insured. iii) The policy shall contain a provision for cross liability in respect of the named insured. 1036 Page of Page 374 of 450 15d) Being a ByLaw to License and Regulate Towing Compani... iv) Non-owned automobile coverage with a limit of at least five million ($5,000,000.00) including contractual non-owned coverage. v) Products and completed operation coverage (Broad Form) with an aggregate limit not less than five million ($5,000,000.00). vi) Coverage for Hostile Fire, Hook Liability, Severability Of Interest Clause, Contractual Liability - Oral & Written, Contingent Employer’s Liability, Employer’s Liability, Broad Form Property Damage and Pollution From A Hostile Fire. vii) That thirty (30) days prior notice of an alteration, cancellation or material change in policy terms which reduces coverages shall be given, in writing, to the Township. d) Proof of Goods and Services Tax (GST) registration or Harmonized Sales Tax (HST) registration. e) A written Statement of Rates and Charges for all services provided by the Towing Companyto the Licensing Officer. The Licensee shall ensure that no other rates or charges are demanded or received by any Tow Truck Driver. The Statement of Rates and Charges will be periodically reviewed by the Licensing Officer and Tow Truck Companies to ensure mutually agreed upon rates. f) A completed Occupational Health and Safety Statutory Declaration Form as set out as Schedule 4 of this By-Law. g) Proof of Corporate Ownership. h) If the Applicant is a corporation, a copy of the incorporating document shall be provided. i) If the Applicant is a registered partnership, a copy of the registered declaration of partnership shall be provided. j) A Criminal Record Check obtained from a Police enforcement agency, dated within 30 days of the date which the Application is deemed to be complete by the Township for each owner of the Towing Company. k) A Vulnerable Sectors Check obtained from a Police enforcement agency, dated within 30 days of the date which the Application is deemed to be complete by the Township, for each owner of the Towing Company. l) Proof of securement of a Compound, with a separate Office on the same property as the Compound, within the Township boundaries, and in compliance with the Township’s Zoning By-Law, as amended. Such Compound shall: Either be a fully fenced area with overhead lighting which shall remain on during the dark hours and shall be consistent throughout the fenced area. Such fencing shall be no less than 1.5 metres in height, and shall be in compliance with the Township’s Zoning By-law, as amended; or A secured area inside a building. Be accessible on a twenty-four (24) hour basis, with restricted access for pedestrians. Have a separate access from any other residential or commercial operation on the property. 1136 Page of Page 375 of 450 15d) Being a ByLaw to License and Regulate Towing Compani... Such Office shall: Not be shared with any other business Have a desk and a minimum of two (2) chairs Be accessible twenty-four (24) hours a day, seven (7) days a week Have a dedicated telephone number Upon approval by the Township, a mobile unit may be utilized as an Office, and if such mobile unit is approved, it shall be located within the Compound. m) Proof of a sign, in compliance with the Township’s Sign By-law, which advertises the Towing Company, including the telephone number, clearly visible from the roadway, and located on the property where the Compound is situated. n) A list of Tow Truck Drivers who will drive Tow Trucks on behalf of the Towing Company. o) Any other required inspections, approvals or documents as required by the Licensing Officer. 9.2 Heavy Towing 9.2.1 A Towing Company shall be deemed to be a Heavy Towing Company if the Towing Company: a) Owns or has immediate access to, and has the ability to operate a minimum of one (1) rotating recovery Tow Truck with a forty (40) ton minimum manufacturer rated boom. b) Owns or has immediate access to and has the ability to operate a minimum of two (2) additional heavy recovery units with a twenty-five (25) ton minimum manufacturer rated boom. c) Utilizes manufacturer rated safety chains appropriate to the size of the recovery unit. d) Owns or has immediate access to replacement tractors available at all times. e) Owns or has immediate access to load floats and/or detachable floats and replacement van trailers at all times. f) Is able to provide an appropriate indoor facility for the storage of vehicles for investigational purposes, which is deemed appropriate by any Investigating Officer or any enforcement agency,with an auditory alarm and video surveillance. g) Submit such Heavy Tow Truck for safety inspection annually or as otherwise required by the Licensing Officer, an Officer, or other duly appointed individual under the provisions of the Highway Traffic Act, as necessary. 9.2.2 In addition to the Towing Company documentation required. a Heavy Towing Company shall provide to the Licensing Officer: a) Proof of Ministry of Environment Provisional Waste Handling Certification. b) A copy of the auditable training programs for the Transportation of Dangerous Goods as per the Dangerous Goods Transportation Act, R.S.O. 1990, Chapter D.1, as amended. c) A statement that all surveillance records will be kept in a secure location for a minimum of thirty (30) calendar days. d) A copy of any contracts relating to the requirements of 9.2.1 a), b), d), e) and f) of this By-Law, if applicable. 1236 Page of Page 376 of 450 15d) Being a ByLaw to License and Regulate Towing Compani... 9.2.3 A Heavy Towing Company shall be permitted to operate a Compound outside of the Township boundaries upon: a) Approval by the Council of the Township. b) Inspection of the Compound by the Licensing Officer or designate, to ensure that the Compound meets all other requirements of this By-law. 9.2.4A Heavy Towing Company shall be permitted to allow as many employees, of the Towing Company, as required, to complete the towing in a safe and timely manner, which shall include being permitted to travel to the scene in the Heavy Towing Tow Truck(s). 9.3 Posting of License - Towing Company a) The Towing Company License issued pursuant to this By-law, shall be prominently and conspicuously posted at the entrance of the Licensed Compound and/or Office. 9.4 Duties - Towing Company A Towing Company: a) Shall provide and maintain a suitable Office for the purpose of administration of the Towing Company. b) Shall maintain with the Licensing Officer at all times, a list of Tow Truck Drivers who will drive Tow Trucks on behalf of the Towing Company, and shall notify the Licensing Officer within two (2) business days of the termination of employment of a Tow Truck Driver Licensed pursuant to this By-Law. c) Shall submit updated insurance documentation to the Licensing Officer, when the insurance policy renews or is altered, throughout the period of time that a License issued pursuant to this By-law is valid and current. d) Shall ensure that the Tow Truck Driver operating on their behalf charge the rates for services permitted by the provisions of this By-Law. e) Shall ensure that the Tow Truck Driver operating on their behalf charge the rates filed with a Licensing Officer for towing and for services beyond those services stipulated in this By-Law. f) Shall ensure that the Tow Truck Driver operating on their behalf keeps an orderly record of all calls answered by Tow Trucks owned by them. g) Shall use only stationery, forms, bills, itemized invoices, statements and any other printed or written advertising material, including any published advertisement in a newspaper, periodical, directory or other publication, which has printed therein in clearly legible figures and letters their name and address. h) Shall make all facilities and/or equipment available for inspection at any time requested by an Officer. i) Shall strictly control access to the Compound at all times. j) Shall be entirely responsible for the repair of any damage to any impounded vehicle caused during the impoundment period. k) Shall make available more than one (1) method of payment. l) Shall ensure any and all complaints are provided, in writing, to the attention of the Municipal Law Enforcement Officer and/or the Licensing Officer. m) Shall ensure prompt payment of the quarterly Dispatch Invoices to the Township. n) Shall file any changes in the Statement of Rates and Charges with the Licensing Officer a minimum of 10 (ten) business days prior to the new Statement of Rates and Charges taking effect. 1336 Page of Page 377 of 450 15d) Being a ByLaw to License and Regulate Towing Compani... o) Shall ensure due performance and observance of all the provisions of this By-Law by themselves and by their Tow Truck Drivers and other employees, and all other persons in or upon the premise which is Licensed under the provisions of this By- Law. p) Shall ensure that every Tow Truck Driver shall be familiar with the provisions of this By-Law, the laws and regulations relating to traffic and the geography of the Township. q) Shall accept full responsibility for the acts and omissions of any Tow Truck Driver or other employee to the extent that any such acts or omissions do not comply with the provisions of this By-Law. 9.5 Change of Ownership a) Every Licensee shall, upon change of ownership of the Licensed business, return and surrender their current License to the Licensing Officer. The new owner shall make Application for a new License pursuant to the provisions of this By-Law. 9.6 Change of Premises or Location a) Where a currently Licensed business changes location or premises, such new location or premises shall not be deemed to be Licensed.The Applicant must immediately make Application for a new License under the provisions of this By- Law and shall surrender to the Licensing Officer the License issued in respect of their previous location or premises. 9.7 Prohibitions - Towing Company a) No person shall operate or permit to operate a Towing Company unless such Towing Company has been Licensed pursuant to the provisions of this By-law. b) No person shall permit any Tow Truck or Tow Truck Driver to respond to calls dispatched through the Rotational Call List unless such Tow Truck and Tow Truck Driver are Licensed pursuant to this By-Law. c) No person shall permit any Tow Truck Driver to operate any Tow Truck, within the geographical boundaries of the Township, unless such Tow Truck and Tow Truck Driver are Licensed pursuant to this By-Law, unless otherwise exempt under the provisions of this By-law. d) No person shall act, or permit a person to act, as a spokesperson to the media on behalf of Police, the Township, any persons or agencies, on all matters occurring, or have thought to be occurring, within a Collision Scene. e) No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer exercising a power or performing a duty under this By-law. Any person who is alleged to have contravened any of the provisions of this By-law shall identify themselves to the Officer upon request, failure to do so shall be deemed to have obstructed or hindered the Officer in the execution of their duties. Any person who contravenes any of the provisions of this By-law may be charged with an offence and upon conviction shall be liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended. f) No person shall make representation, in any form, that the Towing Company or Tow Truck Driver has the endorsement of the Township, the Ontario Provincial Police or any other Police Agency except with written permission from the Township, the Ontario Provincial Police or any other Police Agency. 1436 Page of Page 378 of 450 15d) Being a ByLaw to License and Regulate Towing Compani... 10. TOW TRUCKS 10.1 Application for a License - Tow Truck a) Any person or company who owns more than one Tow Truck, shall submit a separate Application to license each Tow Truck that is to be operated within the geographical boundaries of the Township. 10.1.2 The Applicant shall provide to the Licensing Officer, at the time of Application, all of the following applicable documents: a) A duly completed Application Form as set out as Schedule 5 of this By-Law. b) Payment of the appropriate fee as set out in Schedule 2 of this By-Law. c) The vehicle’s make, model, year and Vehicle Identification Number. d) A valid and current Motor Vehicle Permit issued by the Ministry of Transportation and issued in the Applicant’s name. e) Proof of the Ontario License plate number as issued by the Ministry of Transportation. f) A valid and current Ministry of Transportation Annual Inspection Certificate issued under the Highway Traffic Act. g) In the case of a Tow Truck which is not owned by the Towing Company, the registered owner’s name and address, the vehicle identification number and the Ontario License plate number as issued by the Ministry of Transportation for each Tow Truck to be Licensed. h) If a Tow Truck is a leased vehicle, the Applicant shall provide a copy of the lease agreement for each leased Tow Truck to be Licensed. i) If the Applicant is a corporation, a copy of the incorporating document shall be provided. j) If the Applicant is a registered partnership, a copy of the registered declaration of partnership shall be provided. k) Proof of Certified Master Installer to demonstrate that the Tow Truck complies with Transport Canada Regulations for the Towing of Vehicles. l) Proof of speed governing at one hundred and five (105) kilometers per hour for trucks registered over eleven thousand, seven hundred and ninety-four (11,794) kilograms for vehicles manufactured in 1995 or later. m) Proof of a standard Automobile Policy with limits no less than five million ($5,000,000.00) in respect of each owned or leased Licensed vehicle to be obtained and kept in force for the duration of this contract automobile. n) A copy of the certificate of insurance for the Tow Truck for which they are the owner. The Township shall be given at least ten (10) days notice, in writing, of the cancellation or expiration or variation in the amount of the policy and insuring each such Tow Truck having a minimum of the following amounts: i) In respect to any one claim, in the amount of at least five million ($5,000,000.00) exclusive of interest and costs, against liability resulting from bodily injury to or the death of one or more persons and loss or damage to property. 1536 Page of Page 379 of 450 15d) Being a ByLaw to License and Regulate Towing Compani... ii) In respect of any one claim, in the amount of at least two hundred thousand ($200,000.00) against liability for damage to a customer’s motor vehicle while in their care, custody or control and caused by collision, upset, fire, lightning, theft or attempt theft, malicious mischief, windstorm, hail, explosion, riot, civil commotion or rising water. iii) In respect of any one claim, cargo liability insurance in the amount of at least one hundred thousand ($100,000.00) to indemnify the Applicant against loss by reason of their legal liability indirect physical loss or damage to vehicles and other items of property accepted by the Applicant for towing or conveyance. o) A Tow Truck License may be transferred by the Licensing Officer for a replacement vehicle where a person holds a valid Township License under this Section for the current year, where such person certifies that the Tow Truck Licensed under this Section has been removed from service and is being replaced by another vehicle to be operated as a Tow Truck, and upon submission all documents and fees required under this By-Law. The Tow Truck Transfer License shall expire on the same date as the Tow Truck License issued for the vehicle which has been removed from service. p) Any other required inspections, approvals or documents as required by the Licensing Officer. 10.2 Posting of License – Tow Truck a) A Tow Truck License issued pursuant to this By-Law shall be affixed in the rear window, in a visible location, on the Tow Truck for which it is issued, at all times. 10.3 Duties - Tow Truck Owner A Tow Truck Owner: a) Shall maintain the interior and exterior in good repair and keep the Tow Truck in a clean and sanitary condition at all times. b) Shall provide telephone and radio dispatching equipment in proper working condition. c) Shall permit to be operated only a Tow Truck with a gross vehicle weight rating of at least 4,536 kg (10,000 lbs.). d) Shall ensure that every driver of a Tow Truck is the holder of valid Ontario Driver’s License issued to them by the Ministry of Transportation for the Province of Ontario and that such License is valid at all times which such driver is engaged in driving any Tow Truck used by the Licensee. e) Shall submit such Tow Truck for safety inspection annually or as otherwise required by the Licensing Officer, Officer, or other duly appointed individual under the provisions of the Highway Traffic Act as necessary, and such valid and current Annual Inspection Certificate issued pursuant to the Highway Traffic Act shall be filed with the Licensing Officer throughout the period of time that a License issued pursuant to this By-law is valid and current. f) Shall submit updated insurance documentation to the Licensing Officer, when the insurance policy renews or is altered, throughout the period of time that a License issued pursuant to this By-law is valid and current. g) Shall have attached to, or painted, on both sides of the body of the Tow Truck in letters and figures not less than eight centimetres (approximately three inches) in height, the name of the Licensed Towing Company and telephone number. Where a Towing Company owns more than one Tow Truck, a number identifying each Tow Truck. h) Shall only use the service of a Tow Truck Driver who is Licensed as a driver pursuant to this By-Law. 1636 Page of Page 380 of 450 15d) Being a ByLaw to License and Regulate Towing Compani... i) Shall give written notice of the sale or other disposition of a Licensed Tow Truck to the Licensing Officer within seven (7) days of any such sale or disposition. j) Shall advise the Licensing Officer, within ten (10) days, of any change in any License plate number issued by the Ministry of Transportation to a Tow Truck Licensed by the Township pursuant to either this or any other By-Law. k) Shall ensure the required equipment is on all Tow Trucks at all times. l) Shall ensure due performance and observance of all the provisions of this By-Law by themselves and by their Tow Truck Drivers and other employees, and all other persons in or upon the premise which is Licensed under the provisions of this By- Law. m) Shall ensure that every Tow Truck Driver shall be familiar with the provisions of this By-Law, the laws and regulations relating to traffic and the geography of the Township. n) Shall accept full responsibility for the acts and omissions of any Tow Truck Driver or other employee to the extent that any such acts or omissions do not comply with the provisions of this By-Law. 10.4 Prohibitions - Tow Truck Owner a) No person shall use or permit the use of any vehicle as a Tow Truck unless such vehicle has been Licensed pursuant to the provisions of this By-Law. b) No person shall remove and affix an issued Tow Truck License to any Tow Truck, other than the Tow Truck for which the License has been issued. c) No person shall operate a Tow Truck at any time where such vehicle being operated as a Tow Truck does not meet, or if put to an inspection, could not pass the Safety Standards established pursuant to the Highway Traffic Act. d) No person shall use or permit to be used, a Tow Truck which has been found to be unsafe or defective after examination and inspection as required pursuant to this By-Law. e) No person shall cause or permit any nuisance to arise in, on, or in connection with the vehicle or activity for which the License has been issued. f) No person shall operate or allowing to operate a Tow Truck that exceeds the manufacturer's gross vehicle axle rating (G.V.A.R.). 11. TOW TRUCK DRIVER 11.1 Application for a License - Tow Truck Driver The Applicant shall provide to the Licensing Officer, at the time of Application, all of the following applicable documents: a) A duly completed Application Form as set out as Schedule 6 of this By-Law. b) Payment of the appropriate fee as set out in Schedule 2 of this By-Law. c) The Applicant’s original Ontario Driver’s License with a minimum Class G designation, with no driving restrictions, save and expect the use of corrective lenses. d) An Ontario Driver’s License abstract obtained from the Ministry of Transportation and dated within 30 days of the date which the Application is deemed to be complete by the Township. 1736 Page of Page 381 of 450 15d) Being a ByLaw to License and Regulate Towing Compani... e) A Criminal Record Check obtained from a Police enforcement agency and dated within 30 days of the date which the Application is deemed to be complete by the Township. f) A Vulnerable Sectors Check obtained from a Police enforcement agency, dated within 30 days of the date which the Application is deemed to be complete by the Township. g) Written documentation to the satisfaction of the Licensing Officer from the owner of the Towing Company for whom the Applicant is to provide services as a Tow Truck Driver, confirming that the Applicant is employed by or otherwise authorized to provide services as a Tow Truck Driver. h) Written documentation to the satisfaction of the Licensing Officer from the owner of the Towing Company for whom the Applicant is to provide services as a Tow Truck Driver confirming that the Applicant is named on the Tow Truck Company’s Insurance Policy as an Insured Driver. i) A statement, in writing, advising if the Applicant has any pecuniary interest either directly or indirectly, in a vehicle pound, yard or building used for the storage or impounding of vehicles, a vehicle body shop or other kind of public garage or any other yard, shop, building or place used for the storage, repair or servicing of vehicles. If the Applicant has a pecuniary interest, a written statement providing full information as to the location and the type of facilities in which they have an interest and the nature and extent of the interest shall be filed with the Licensing Officer at the time of the Application. j) Any other documents as required by the Licensing Officer. 11.2 Posting of License – Tow Truck Driver a) The Photo Identification Card known as the Tow Truck Driver License is required to be shown by the Tow Truck Driver to the Hirer, Licensing Officer, or an Officer upon request, and shall be placed in the Tow Truck which they are driving, in such a manner as to be conveniently seen and read by passengers. 11.3 Tow Truck Driver Trainees a) Where an Application for a Tow Truck Driver’s License has been submitted to the Licensing Officer, and where the Applicant for such Tow Truck Driver’s License will be receiving instructions on Tow Truck Driver training from a Licensed Tow Truck Driver, the Licensing Officer may issue a Tow Truck Driver Trainee License which shall expire thirty (30) days from the date of the Application. In addition to the required documentation for a Tow Truck Driver Application, a written letter, from the Towing Company owner, shall be submitted advising that the individual is in training. b) Where a person who is permitted to be a passenger pursuant to this By-Law is receiving instructions on Tow Truck Driver training such passenger shall not be: i) Trained for more than one thirty-day period commencing from the date that the Application for a Tow Truck Driver’s License was approved by the Licensing Officer; ii) Permitted more than one such thirty-day training session regardless of the number of Applications for a Tow Truck Driver’s License the Applicant may have made to the Licensing Officer; iii) A nuisance, or hindrance and such passenger shall not create a disturbance while in the process of receiving such training; iv) Operating a Tow Truck without the accompaniment of a Licensed Tow Truck Driver. 1836 Page of Page 382 of 450 15d) Being a ByLaw to License and Regulate Towing Compani... c) Upon completion of the training instruction, and no later than thirty (30) days after the approval of the Tow Truck Driver Trainee License, the Applicant shall submit a written letter from the Towing Company owner advising that the training has been completed. Upon receipt of said letter, the Licensing Officer shall issue a Tow Truck Driver License, which shall expire on the first day of the month twelve months from the date of the approval of the Tow Truck Driver Trainee License. 11.4 Duties - Tow Truck Driver A Tow Truck Driver: a) Shall not stop, or park within a Collision Scene. This provision does not apply where the Tow Truck Driver has been summoned to the Collision Scene by a dispatched call through the Rotational Call List, or a Hirer, an Officer, any member of a Municipal Fire Department, or any person authorized by law to direct the removal of the vehicle from private or public property. b) Shall maintain the interior and exterior in good repair and keep the Tow Truck in a clean and sanitary condition at all times. c) Shall comply with all reasonable instructions from the Hirer. d) Shall take due care of all vehicles and property delivered or entrusted to them for towing. e) Shall be civil and behave courteously. f) Shall retain all itemized invoices showing date, time, service starting location, destination, finishing kilometers at the destination,Tow Truck Vehicle License number and the name of the vehicle driver/Hirer, type of service provided and remuneration collected for a minimum period of 12 months from the tow date indicated on the itemized invoices and shall make the itemized invoices available for inspection upon request by an Officer at any reasonable time and the Officer may receive copies of any itemized invoice upon request. g) Shall, where the Hirer refuses to sign the itemized invoice, the driver must indicate such on the form and retain this form for a minimum period of 12 months from the tow date indicated on the itemized invoice and shall make the itemized invoices available for inspection upon request by an Officer. h) Shall, before demanding payment for services, present to the Hirer an itemized invoice for the services setting out the cost of all services and equipment provided or to be provided on the basis of the rates set out in the Tariff of Rates as identified in Schedule 1 of this By-Law and/or as submitted to the Licensing Officer. i) Shall keep in the Tow Truck and show to the Hirer a copy of a tariff card showing the collision rates, as per Schedule 1 of this By-Law, the applicable rates filed with the Licensing Officer for Non-Collision rates and also showing, if applicable, that the Hirer may be charged additional fees for storage by the operator of any storage facility or business to which the Hirer’s vehicle is to be towed. j) Shall operate only a Tow Truck with a gross vehicle weight rating of at least 4,536 kg (10,000 lbs.). 1936 Page of Page 383 of 450 15d) Being a ByLaw to License and Regulate Towing Compani... k) Shall operate only a Tow Truck which has all of the following equipment in a good state of repair: i) A winching or hoisting device of sufficient capacity to lift safely the vehicle to be towed. ii) Wheel lift or an underlift equipped and maintained in a manner to ensure the safe lifting and conveying of a vehicle to be towed. iii) One device for securing the steering wheel of a vehicle. iv) One dry chemical fire extinguishers having an effective tota equivalent to at least 4-B C, and weighing at least 2.27 kg (approximately 5 lbs.). v) A minimum of two tow safety chains having a minimum length of 2.74 metres (approximately 9 feet) each with links of at least 7.94 millimeters steel (5/16 inches). vi) Two (2) safety pylons. vii) An intermittent amber warning light system consisting of at least one light which would be clearly visible in all directions for a distance of least 100 metres (approximately 328 feet). viii) A broom. ix) A shovel. x) A general purpose first aid kit. xi) At least one (1) wheel block. xii) Flares or reflector kits. xiii) Wheel wrenches. xiv) Light bar for a rear extension carrier. xv) A dolly or flatbed truck. xvi) A safety vest. xvii) Any other equipment as may be required under the Highway Traffic Act. xviii) Any equipment the Tow Truck Driver deems necessary and appropriate. l) Shall produce trip records upon the request of any Officer. m) Shall drive the Tow Truck, which is towing or otherwise conveying a vehicle, by the most direct route to the destination requested by the Hirer, and in the most expeditious manner, unless otherwise directed by the Hirer. n) Shall drive the Tow Truck, which is towing or otherwise conveying a vehicle, to the Towing Company’s Licensed Compound by the most direct route unless the Hirer requests that the vehicle be delivered elsewhere. o) Shall take due care of all property delivered or entrusted to them and accepted by them for conveyance or safekeeping. p) Shall, with the gained approval of the Investigating Police Officer, clean up any debris, fragments of glass, vehicle parts or other materials and which may be a danger to the public from any highway or roadway prior to towing the vehicle from the Collision Scene. 2036 Page of Page 384 of 450 15d) Being a ByLaw to License and Regulate Towing Compani... q) Shall punctually keep all their appointments and engagements resulting from calls and shall, unless the Tow Truck they are driving has been previously engaged, serve at any place within the Township and at any specified time, whether day or night, any person who may lawfully require their Tow Truck and they shall not neglect to fulfill their appointments or engagements except for reasons beyond their control. r) Shall, upon request of any passenger, give in writing their name and number of the License issued to them under the provision of this By-Law. s) Shall provide a full recovery service for any and all loads dumped at a Collision Scene in accordance with any applicable legislation. t) Shall provide the Hirer, after providing proof of ownership of the vehicle, the opportunity to remove any personal property left in the vehicle and shall document those items on the itemized invoice. u) Shall immediately surrender the Tow Truck Driver License issued pursuant to this By-law, when the Driver ceases to work for the Towing Company noted on the Tow Truck Driver License. v) Shall immediately make Application for a Tow Truck Driver License when the Driver commences work for a Towing Company licensed pursuant to 11.5 Prohibitions - Tow Truck Driver a) No person shall act or provide service as a Tow Truck Driver unless such person has been Licensed pursuant to the provisions of this By-law. b) No person shall use any vehicle as a Tow Truck unless such vehicle has been Licensed pursuant to the provisions of this By-Law. c) No person shall remove and affix an issued Tow Truck License to any Tow Truck, other than the Tow Truck for which the License has been issued. d) No person shall provide any service or operate as a Tow Truck Driver for any Towing Company which is not Licensed pursuant to the provisions of this By- Law. e) No person shall connect a vehicle to a Tow Truck or commence to tow a vehicle, or perform any other services unless first requested to do so by Officer, or any person authorized by law to direct the removal of the vehicle from private or public property. f) No person shall connect a vehicle to a Tow Truck or commence to tow a vehicle, unless the Tow Truck Driver has completed an itemized invoice, provided the dated itemized invoice to the Hirer, and the Hirer has signed itemized invoice and the Tow Truck Driver has provided a copy of the completed itemized invoice to the Hirer. g) No person shall tow any vehicle outside of the geographical boundaries of the Township unless directed by the vehicle driver/Hirer, an Officer, or member of the Municipal Fire Department. h) No person shall alter an itemized invoice. i) No person shall charge any fare or rate for a Collision Tow which is contrary to those stipulated in this By-Law. j) No person shall demand or request payment for their Non-Collision services other than in accordance with the written Statement of Rates and Charges submitted to the Licensing Officer. k) No person shall demand, request or receive a drop fee or administration fee. l) No person shall stop, or park within a Collision Scene. 2136 Page of Page 385 of 450 15d) Being a ByLaw to License and Regulate Towing Compani... m) No person shall remain at the scene of a tow after an Officer or member of a Municipal Fire Department, at the scene, has requested that the Tow Truck Driver leave the scene immediately. n) No person shall solicit a Hirer or permit an agent to solicit a Hirer, at a Collision Scene. o) No person shall solicit a Hirer or permit an agent to solicit a Hirer to obtain any business. p) No person shall induce any person to employ or hire a Tow Truck by making any false representations to any person, including representations regarding the location of, or distance to, any place. q) No person shall interfere with any contract for hiring of a Tow Truck where a person has hired or has indicated their intention to hire a Tow Truck. r) No person shall suggest or recommend to any Hirer that any vehicle in respect of which their services are to be given or requested, be towed, to any particular salvage yard, body shop, storage yard or any other public garage, building or place, unless they have been requested to do so by the Hirer. s) No person shall charge a Hirer for time lost through defects or inefficiency of the Tow Truck, or the incompetence of the Tow Truck Driver. t) No person shall permit a person to be a passenger in a Tow Truck, except under the following circumstances: i) the passenger is the Hirer of the Tow Truck. ii) the passenger is either the spouse, son, daughter or parent or similar relation in law of the Tow Truck Driver, and in such cases, the Tow Truck Driver is not to solicit a tow, engage in any form of towing or have their Tow Truck within a Collision Scene. iii) the passenger has been issued a Tow Truck Driver Trainee License and is receiving instructions on driver training as to the operation of a Tow Truck while a passenger. iv) the passenger is the owner of the Tow Truck or Towing Company. v) is exempt under the provisions of this By-Law. u) No person shall be a passenger in a Tow Truck who is receiving instructions on Tow Truck Driver training prior to the issuance of a thirty (30) day Tow Truck Driver Trainee License. v) No person shall instruct, or permit to be instructed, a passenger on Tow Truck Driver training prior to the issuance of a thirty (30) day Tow Truck Driver Trainee License. w) No person shall make any loud noise or disturbance, use any abusive language, annoy or insult any person whatsoever. x) No person shall obstruct the use of any sidewalk, except while actually engaged in providing towing services to a vehicle. y) No person shall park, stop or otherwise stand the Tow Truck contrary to any Township By-Law, except while actually engaged in providing towing services to a vehicle. z) No person shall smoke in a Tow Truck, in contravention of any Township By-Law regarding smoking, or any other applicable legislation, whichever is the most restrictive. 2236 Page of Page 386 of 450 15d) Being a ByLaw to License and Regulate Towing Compani... aa) No person shall falsely represent themselves as an employee of the Ontario Provincial Police, any other Police Agency, or the Township, in any manner. bb) No person shall operate a Tow Truck, at any time, where such vehicle being operated as a Tow Truck does not meet, or if put to an inspection, could not pass the Safety Standards established pursuant to the Highway Traffic Act. cc) No person shall cause or permit any nuisance to arise in, on, or in connection with the vehicle or activity for which the License has been issued. dd) No person shall operate or allow to operate a Tow Truck that exceeds the manufacturer's gross vehicle axle rating (G.V.A.R.). 12. LICENSING OFFICER 12.1 Duties - Licensing Officer a) The Licensing Officer shall not issue a License until such time as the Application is deemed to be complete and: i) all required approvals and inspections have been obtained by the Applicant; ii) all required documentation has been provided to the Licensing Officer; and iii) all appropriate License Fees have been paid in full. b) Upon receipt of a complete Application for a License, the Licensing Officer may make, cause to be made, or request, any additional documents, investigations or inspections to be made in respect of such Application as the Licensing Officer deems appropriate, or is in the interest of the general public. Any costs incurred for such additional inspection(s) or document(s) shall be at the Applicant's expense, pursuant to the Fees and Charges By-Law, if applicable. c) Upon receipt of a complete Application, including required documentation and the appropriate fees being paid, the Licensing Officer may prior to the issuance of any such License: i) make any inquiries to any municipal employee(s) who has carried out inspections relative to the Application. ii) receive reports from such municipal employee(s) as may be deemed necessary. iii) inquire into all relevant matters in order to ascertain if the Applicant is entitled to a License under the provisions of this By-Law. d) Where the Licensing Officer is satisfied that the Applicant is entitled to obtain a License pursuant to the provisions of this By-Law, the Licensing Officer shall prepare and issue a License to the said Applicant. e) Any License issued pursuant to the provisions of this By-law may be subject to such terms and conditions as the Licensing Officer may prescribe. f) Where the Licensing Officer is not satisfied that the Applicant is entitled to obtain a License pursuant to the provisions of this By-Law, the Licensing Officer shall prepare a written notice to the said Applicant outlining the said reasons. The notice shall include a statement that the Applicant has the right to appeal the decision, of the Licensing Officer, to Council. 2336 Page of Page 387 of 450 15d) Being a ByLaw to License and Regulate Towing Compani... 13. LICENSE – REFUSAL 13.1 The Licensing Officer may refuse to grant or issue a License to any Applicant: a) Who has breached this By-Law in the past. b) Who has failed to comply with the requirements of this By-Law, or other applicable By-Laws of the Township or any Local Board thereof, or any Statute, Order-in- Council, or Regulation of the Provincial Legislature or the Parliament of Canada, or any Agency, Board or Commission thereof, in, upon or in connection with the applied for Licensed activity of the business, vehicle or premises used or for hire in connection with the License activity. c) Who has any outstanding fines imposed under the Provincial Offences Act R.S.O. 1990, Chapter 33, as amended, (herein referred to as the Provincial Offences Act), for the contravention of any provision of this By-Law, orany other municipal By-Law or Provincial statute where such fine is associated with an offence arising out of the conduct, operation or activity within or in conjunction with such business. d) Who has any outstanding Township invoices related to Licensed activities permitted under this By-law. e) Where the Applicant’s Ontario Driver’s License is currently suspended, prohibited or restricted due to either a Court Order, or the result of a conviction for an offence under the Criminal Code or the result of a conviction for an offence under any Provincial Statute. f) Who has not paid the feesas set out inSchedule 2 of this By-Law. g) Where the Licensing Officer believes it is in the public interest to do so. h) Where the Licensing Officer has received three substantiated written complaints in one licensing year regarding the Applicant. i) Where the Applicant has demonstrated a repetitive failure to comply with the requirements of this By-law within the past twelve (12) months. 13.2 When the Licensing Officer refuses to grant a License, the Applicant may appeal the decision of the Licensing Officer to Council. 14. LICENSE – SUSPENSION 14.1 The Licensing Officer may suspend a License issued to any Licensee: a) Who has breached this By-Law in the past. b) Who has failed to comply with the requirements of this By-Law or other applicable By-Laws of the Township or any Local Board thereof, or any Statute, Order-in- Council, or Regulation of the Provincial Legislature or the Parliament of Canada, or any Agency, Board or Commission thereof, in, upon or in connection with the applied for Licensed activity of the business or premises, facilities, equipment, vehicles and other property used or kept for hire in connection with the License activity. c) Who has any outstanding fines imposed under the Provincial Offences Act for the contravention of any provision of this By-Law or any other municipal By-Law or Provincial statute where such fine is associated with an offence arising out of the conduct, operation or activity within or in conjunction with such business. d) Where there are outstanding quarterly Dispatch Invoices to be paid to the Township. e) Who has their Ontario Driver’s License suspended, prohibited or restricted due to either a Court Order, or the result of a conviction for an offence under the Criminal Code or the result of a conviction for an offence under any Provincial Statute. 2436 Page of Page 388 of 450 15d) Being a ByLaw to License and Regulate Towing Compani... f) Where the Licensing Officer believes it is in the public interest to do so. g) Where the Licensing Officer has received three substantiated complaints in one licensing year regarding the Towing Company, Tow Truck Owner or Tow Truck Driver. h) Where any payments made by the Licensee have been returned to the Township due to insufficient funds. i) Where a Municipal Employee, Member of Council, Licensing Officer, or an Officer, is subjected to a bribe or threat by a Tow Truck Driver, Tow Truck Owner or Tow Truck Company Owner, a written complaint shall be provided to the Licensing Officer, and the applicable Licenses shall be suspended pending the conclusion of an investigation. j) Any suspension of a License may be subject to such terms and conditions as the Licensing Officer may prescribe. k) When a License issued pursuant to this By-law is suspended, the Licensee shall immediately surrender such License to the Licensing Officer. l) Upon the satisfactory completion of all terms and conditions outlined by the Licensing Officer, and the payment of all required fees, the Licensing Officer shall issue Replacement Licenses for all suspended Licenses. 14.2 The decision of the Licensing Officer to suspend a License is final and binding, and there is no right of Appeal. 15. LICENSE – REVOCATION 15.1 The Licensing Officer may revoke a License issued to any Licensee: a) Who has breached this By-Law in the past. b) Who has failed to comply with the requirements of this By-Law or other applicable By-Laws of the Township or any Local Board thereof, or any Statute, Order-in- Council, or Regulation of the Provincial Legislature or the Parliament of Canada, or any Agency, Board or Commission thereof, in, upon or in connection with the applied for Licensed activity of the business or premises, facilities, equipment, vehicles and other property used or kept for hire in connection with the License activity. c) Who has any outstanding fines imposed under the Provincial Offences Act for the contravention of any provision of this By-Law or any other municipal By-Law or Provincial statute where such fine is associated with an offence arising out of the conduct, operation or activity within or in conjunction with such business. d) Where the Licensing Officer, or an Officer finds that the Ontario Driver’s License of a person who is Licensed under this By-Law is suspended, prohibited or restricted by way of a Court Order, Criminal Conviction or other registered conviction pursuant to a Provincial Statute, the Tow Truck Driver shall immediately surrender the applicable Licenses issued pursuant to this By-Law and such Licenses shall be immediately revoked. There shall be no right of Appeal when Licenses have been revoked pursuant to this Section. e) Where the Licensing Officer believes it is in the public interest to do so. f) Where the Licensing Officer has received three substantiated complaints in one licensing year regarding the Applicant. g) Where the Licensee has demonstrated a repetitive failure to comply with the requirements of this By-law within the past twelve (12) months. 2536 Page of Page 389 of 450 15d) Being a ByLaw to License and Regulate Towing Compani... 15.2 Any revocation of a License may be subject to such terms and conditions as the Licensing Officer may prescribe. 15.3 When the Licensing Officer revokes a License, the Licensee may appeal the decision of the Licensing Officer to Council, except as noted within this Section. 16. DECISION OF LICENSING OFFICER 16.1 Where the Licensing Officer refuses to issue, suspends, imposes conditions onto a License, or revokes a License, the Licensing Officer shall notify the Applicant, in writing, of such decision. The Notice of Decision shall set out: a) The grounds upon which the issue of the said License is refused, suspended, conditions are imposed or revoked. b) That the Applicant or Licensee may appeal the Licensing Officer’s decision to refuse to grant, impose conditions, or revoke Licenses to Council by filing with the Clerk an appeal, in writing, of the said decision within fifteen (15) business days of the date of the Notice of Decision. c) That if no appeal is received by the Clerk within fifteen (15) business days of the date of the Notice of Decision, that the Applicant or Licensee shall not be entitled to any further notice of proceedings. 16.2 Where the Clerk does not receive an appeal from an Applicant or Licensee within fifteen (15) business days, the Licensing Officer need not process the Application further, no further notice is required to be served on the Applicant or Licensee, and there shall be no refund of any fees paid. 17. APPEAL OF DECISION OF LICENSING OFFICER 17.1 Upon receipt of a written Appeal from the Applicant or Licensee, the Clerk shall: a) Fix a date and time for such matter to be considered by Council. b) Send a Notice of Hearing to the Applicant or Licensee by registered mail, at the last address as shown in the records of the Licensing Officer and to any other person who has applied to be heard with regard to the matterat least fifteen (15) business days prior to the date and time fixed for such hearing. 18. HEARING OF APPEAL 18.1 At the Hearing, Council may: a) Receive a written report from the Licensing Officer or anyone who may be involved in the matter being considered by Council. b) Afford an opportunity to the Applicant or Licensee, either personally or through their agent or solicitor, to present such material and evidence relevant to the issue before Council. c) Afford any other person who requests to be heard and who appears to have an interest in the matter under discussion, an opportunity to present material and evidence relevant to the issue before Council. 18.2 In considering whether or not to grant, refuse, revoke or impose conditions on a License, Council shall have regard to the following: a) Whether or not the Applicant or Licensee and the compound, Tow Truck and/or Tow Truck Driver in connection with the carrying on of a business which is Licensed or which is required to be Licensed, pursuant to this By-Law, complies with all requirements of this By-Law. 2636 Page of Page 390 of 450 15d) Being a ByLaw to License and Regulate Towing Compani... b) Whether or not the Applicant or Licensee has failed to promptly remedy any reasonable concerns with regard to those matters set out in this By-Law, or has committed past breaches of this By-Law. c) Whether or not the Applicant or Licensee has failed to comply with any requirements of any other applicable By-Law of the Township or Local Board thereof, or any Statute, Order-in-Council, or Regulation of the Provincial Legislature or the Parliament of Canada, or any Agency, Board or Commission thereof, in, upon or in connection with the Licensed activity. d) Whether or not the Applicant or Licensee has demonstrated a repetitive failure to comply with the requirements of this By-law within the past twelve (12) months. e) Whether or not the Applicant or Licensee has any outstanding fines imposed under the Provincial Offences Act for the contravention of any provision of this By-Law. f) Whether or not the Applicant or Licensee has any outstanding Township invoices related to Licensed activities permitted under this By-law. g) Whether or not the Applicant’s or Licensee’s Ontario Driver’s License has a legal restriction resulting from either a Criminal Charge or a Criminal Conviction. 18.3 Where an Applicant or Licensee has been referred to Council for a hearing and the Applicant or Licensee does not attend before Council at the time and place of which notice has been served upon such Applicant or Licensee, Council may hold a hearing in the absence of the Applicant or Licensee or may decide to take no further action with respect to the Application or Appeal, and no further notice is required to be served upon the Applicant or Licensee. 18.4 Council may, after the appropriate hearing is conducted, grant a License, refuse to grant a License, revoke a License, or impose conditions on a License, as Council may prescribe and a decision made pursuant to the exercise of these powers is final and binding upon the Applicant or Licensee. 18.5 The decision made by Council shall be confirmed, in writing, by the Chair of the Council meeting and shall be mailed to the Applicant or Licensee at their last address as shown in the records of the Licensing Officer, to any person who has appeared before Council and requested that a copy of the decision be provided to them, and to the Licensing Officer. 19. ENFORCEMENT a) A Licensing Officer, an Officer, or other duly appointed individual shall enforce the provisions of this By-Law. 20. SCOPE AND AUTHORITY a) Where a matter is subject to Provincial regulation, any provision of this By-Law is without effect to the extent that it prohibits or regulates the matter in substantially the same way as or in a more restrictive way than the Provincial regulation. 21. SEVERABILITY a) Should any Section of this By-Law be declared by a Court of competent jurisdiction to be ultra vires or illegal for any reason, the remaining parts shall nevertheless remain valid and binding, and shall be read as if the offending Section or part had been struck out. 2736 Page of Page 391 of 450 15d) Being a ByLaw to License and Regulate Towing Compani... Schedule 1 to By-Law No. 2012-143 TARIFF OF RATES – COLLISION TOWING **No more or no less than the Fees identified below shall be charged, and such Fees shall include all administration, hook up or release fees** Service Fee Collision Tow to any Towing Company’s Compound within the $ 350.00 Township *where the vehicle does not exceed 6000 pounds (3000 kg) in towing weight, including: *scene clean-up (up to 30 minutes) * including use of flatbed truck or dolly Collision Tow to any destination at the vehicle owner’s request $ 350.00 outside of the Township and *where the vehicle does not exceed 6000 pounds (3000 kg) in $ 3.00/kilometer towing weight, including: *use of flatbed truck or dolly * scene clean-up (up to 30 minutes) Storage (outside) per day $ 60.00 Storage (indoor) per day $ 75.00 Wait time (after one hour) $ 60.00/hour Scene clean-up (after 30 minutes) $ 35.00/half hour Off road recovery $ 150.00 *vehicle must be no less than ten (10) feet from the edge of the road way to be considered off road recovery *includes winching Roll over recovery into towing position (including winching)$ 250.00 Using a boom to winch off guard rail or guide wires $ 75.00/hour maximum of two (2) hours Second Tow Truck required to assist $ 90.00/hour **All Non-Collision Towing fees to be charged are as per the wri Rates and Charges for all services provided by the Towing Company and filed with the Licensing Officer** 2836 Page of Page 392 of 450 15d) Being a ByLaw to License and Regulate Towing Compani... Schedule 2 to By-Law No. 2012-143 LICENSE FEES Category License Fee $ 300.00 Towing Company (each) (The fee includes application and initial inspection fee) $ 100.00 Replacement License - Company (The fee includes re-inspection fee and new License) $ 200.00 Tow Truck (each) (The fee includes application and initial inspection fee) $ 100.00 Replacement License - Truck (The fee includes re-inspection fee and new License) $ 100.00 Tow Truck Transfer (each) (The fee includes application and initial inspection fee) Tow Truck Driver (each) $ 100.00 Replacement License - Driver $ 20.00 Tow Truck Driver – Trainee $ 100.00 Additional Inspections by Municipal Pursuant to the Township’s Fees and Charges Law Enforcement Officers By-Law **In the event of return and/or surrender or revocation of a License issued pursuant to this By-Law, no part of the License fee will be refunded. 2936 Page of Page 393 of 450 15d) Being a ByLaw to License and Regulate Towing Compani... Scheedule 3 tto By-laww No. 2012-143 TOWING COMMPANY APPLICATION Businness Infoormation Name of Compaany (Registtered and OOperating As) Cheeck One: Individual Corporatioon Partnershhip Name of Principles(s) of Company Busineess Addresss (Street NNumber annd Name) CityPostal Code Telephoone NumbeerFax Nummber Main CContact forr Companyy E-mail Address Cellular NNumber Compound Addrress (Streeet Numberr and Namee) Owner of Land wwhere Commpound is llocated Per Section 9.1 Twp. The AApplicantshall provvide to the Licensing Officerr, at the ttime of AApplication, all of thhe Use followwing appliccable docuuments: a) duly omplete Application F orm. Accdd b) Paymennt of the aappropriatee fees as sset out in Schedule 2 of this BBy-Law. c) Proof f Commrcial General Liability Insurnce obtained and kept in frce durig ooeeaaoonn the termm of the Liicense isssued, satissfactory too the Townnship, be wwritten byy an insureer Licenseed to condduct business in CCanadaaand includde, but noot be limitted to, thhe following: i) A limit oof liability of not leess than five millioon ($5,0000,000.00) for eacch occurrencce. ii) The Townnship shall be nameed as an aadditional iinsured. iii) The policyy shall contain a prrovision foor cross liaability in reespect of the nameed insured. iv) Non-owneed autommobile cooveragewwith a limmit of att least ffive millioon ($5,000,0000.00) inccluding coontractual non-owneed coveragge. v) Products and comppleted opeeration covverage (Broad Formm) with ann aggregatte limit not leess than fiive million ($5,000,0000.00). vi) Coveragee for Hostile Fire, Hook Liaability, Sevverability Of Intereest Clausee, Contractuual Liability - Oraal & Writtten, Conntingent EEmployer’s Liabilityy, Employerr’s Liabilityy, Broad Form Prooperty Daamage annd Pollutioon From AA Hostile Fire. vii) That thirtty (30) daays prior notice of an alteraation, cancellation oor materiaal change i policy trms whic reduce coverags shall b given, i writing, o nneehhsseeeenntt the Townsship. d) Proof off Goods aand Servicces Tax (GGST) regisstration or Harmonizzed Sales Tax (HSTT) registration. 33036 Page of Page 394 of 450 15d) Being a ByLaw to License and Regulate Towing Compani... e) A written Statement of Rates and Charges for all services pro Companyto the Licensing Officer. The Licensee shall ensure that no oth charges are demanded or received by any Tow Truck Driver. The S Rates and Charges will be periodically reviewed by the Licensing Truck Companies to ensure mutually agreed upon rates. f) A completed Occupational Health and Safety Statutory Declarat as Schedule 4 of this By-Law. g) Proof of Corporate Ownership. h) If the Applicant is a corporation, a copy of the incorporatin provided. i) If the Applicant is a registered partnership, a copy of the r partnership shall be provided. j) A Criminal Record Check obtained from a Police enforcement ag 30 days of the date which the Application is deemed to be comple for each owner of the Towing Company. k) A Vulnerable Sectors Check obtained from a Police enforcemen within 30 days of the date which the Application is deemed to be Township, for each owner of the Towing Company. l) Proof of securement of a Compound, with a separate Office on the Compound, within the Township boundaries, and in compliance Township’s Zoning By-Law, as amended. m) Proof of a sign, in compliance with the Township’s Sign By-la Towing Company, including the telephone number, clearly visible and located on the property where the Compound is situated. n) A list of Tow Truck Drivers who will drive Tow Trucks on behalf of the Towing Company. o) Any other required inspections, approvals or documents as req Officer. Heaving Towing Twp. Per Section 9.2.2: Use In addition to the Towing Company documentation required. a Heav provide to the Licensing Officer: a) Proof of Ministry of Environment Provisional Waste Handling C b) A copy of the auditable training programs for the Transportat as per the Dangerous Goods Transportation Act, R.S.O. 1990, Chapter D.1, as amended. c) A statement that all surveillance records will be kept in a s minimum of thirty (30) calendar days. d) A copy of any contracts relating to the requirements of 9.2.1 By-Law, if applicable. Signature of Company Owner/Contact Date Staff Signature Date Application is Deemed to be Complete Personal information contained on this form is collected pursuan Municipal Freedom of Information and Protection of , and will be used for the purpose of administering the Towing B Privacy Act directed to the Clerk’s Office, Township of Oro-Medonte, 148 Line 7 South, Box 100, Oro, Ontario L0L 2X0 3136 Page of Page 395 of 450 15d) Being a ByLaw to License and Regulate Towing Compani... Scheedule 4 tto By-laww No. 2012-143 OCCCUPATTIONAL HHEALTHH AND SAAFETY STATTUTORYDECLARRATIONFORM Businness Infoormation Name of Compaany (Registtered and OOperating As) Authorized Signiing Officer(s) of Commpany, incluuding Title(s) Busineess Addresss (Street NNumber annd Name) CityPostal Code Telephoone NumbeerFax Nummber On beehalf of thee above-naamed Commpany, I certify the following: a) Te above-amed Copany ha a health nd safet policy an will maitain a proram to iplement hhnnmmssaayyddnnggmm suuch policy as requireed pursuant to clause 25(2)(j) thee Occupattional Heaalth and SSafety Actt,R.S.O. 19990, c.0.1, aas amendeed, (the "OHSA"). b)ith respet to the srvices beng offere pursuan to the Twnship o Oro-Mednte’s Toing By- WWcceeiiddttooffooww laww, the aboove-namedd Companny and ourr proposedd subcontrractors, accknowledgee the respoonsibility to, and shalll: i) fulfilll all of the "employerr" obligations under tthe OHSA and ensure that all wwork is caarried out in acccordancee with the OOHSA andd its regulaations; ii) ensuure that addequate annd compettent supervvision is prrovided as per the OHSA to prootect the health and saffety of workkers; and iii) provvide information and iinstruction to all emplloyees to eensure theyy are informmed of the hazards inheerent in the work and understannd the proceedures for minimizingg the risk oof injury or iillness. c) Thhe above-nnamed Coompany aggrees to taake every precautionn reasonable in the circumstaances for the protectioon of workeer health aand safety, as requireed under thhe OHSA.. Signaature of Auuthorized SigningOOfficer Siggnature offAuthorizzed Signinng Officer Date at the Twnshipf Oro-Mdonte thi _____ ay of ___________________, 0____. ddooooeessdd_______22 Signaature of WWitness – TTownship Staff Printed Namme and Tittle of Towwnship Staaff 33236 Page of Page 396 of 450 15d) Being a ByLaw to License and Regulate Towing Compani... Scheedule 5 tto By-laww No. 2012-143 TOWTTRUCK APPLICATION Businness/Toww Truck Innformatioon Name of Compaany (Registtered and OOperating As) Busineess Addresss (Street NNumber annd Name) CityPostal Code Telephoone NumbeerFax Nummber Compound Addrress (Streeet Numberr and Namee) Company Namee and Telepphone Nummber on Toow Truck, aand Identiffication Number (if appplicable) Tow TTruck Regisstered OwnnerTow Truck OOwner Mainn Contact E-mail Address Cellular NNumber Per Section 10..1.2 Twp. The pplicantshall proide to the Licensing Office, at the ime of pplication, all of te AAvvrrttAAhh Use followwing appliccable docuuments: a) A duly ccompletedd Application Form. b) Paymet of the appropriat fee as st out in chedule of this B-Law. nnaeeeeSS22yy c) The vehhicle’s make, modell, year andd Vehicle Identificattion Numbber. d) A valid aand current Motor VVehicle Peermit issueed by the Ministry oof Transpoortation annd issued iin the Appplicant’s naame. e) Proof oof the OOntarioLLicensepplate nummber as issued bby the MMinistry oof Transpoortation. f)A valid and curreent Ministtry of Transportatioon Annual Inspectioon Certificcate issueed under thhe Highwaay Traffic AAct. g) In the case of aa Tow Trruck whicch is not owned by the Towwing Commpany, thhe registerred ownerr’s name and addrress, the vehicle iddentificatioon numbeer and thhe Ontario License plate nummber as isssued by the Ministtry of Transportatioon for eacch Tow Truuck to be LLicensed. h) If a Toww Truck iss a leasedd vehicle, the Applicant shalll provide a copy of the leasse agreemment for eaach leasedd Tow Trucck to be LLicensed. i)If the AApplicant is a corpporation, aa copy off the incoorporating documennt shall bbe providedd. j)If the AApplicant is a registtered parttnership, aa copy off the regisstered decclaration oof partnerhip shall be provided. ss k) Proof of Certifiedd Master Installer too demonstrate that the Tow Truck commplies witth Transpoort Canada Regulattions for thhe Towingg of Vehicles. 33336 Page of Page 397 of 450 15d) Being a ByLaw to License and Regulate Towing Compani... l) Proof of speed governing at one hundred and five (105) kilome trucks registered over eleven thousand, seven hundred and ninety-four (11,794) kilograms for vehicles manufactured in 1995 or later. m) Proof of a standard Automobile Policy with limits no less tha ($5,000,000.00) in respect of each owned or leased Licensed vehi and kept in force for the duration of this contract automobile. n)A copy of the certificate of insurance for the Tow Truck for whic The Township shall be given at least ten (10) days n otice, in writing, of the cancellation or expiration or variation in the amount of the pol such Tow Truck having a minimum of the following amounts: i) In respect to any one claim, in the amount of at least five m ($5,000,000.00) exclusive of interest and costs, against liabili bodily injury to or the death of one or more persons and loss or property. ii) In respect of any one claim, in the amount of at least two h ($200,000.00) against liability for damage to a customer’s motor in their care, custody or control and caused by collision, upset, fire, lightning, theft or attempt theft, malicious mischief, windstorm, hail, exp commotion or rising water. iii) In respect of any one claim, cargo liability insurance in the amount of at least one hundred thousand ($100,000.00) to indemnify the Applicant ag by reason of their legal liability indirect physical loss or dam and other items of property accepted by the Applicant for towing conveyance. o) A Tow Truck License may be transferred by the Licensing Offic vehicle where a person holds a valid Township License under this current year, where such person certifies that the Tow Truck Lic Section has been removed from service and is being replaced by a be operated as a Tow Truck, and upon submission all documents an under this By-Law. The Tow Truck Transfer License shall expire as the Tow Truck License issued for the vehicle which has been r service. p) Any other required inspections, approvals or documents as req Officer. Signature of Tow Truck Owner Date Staff Signature Date Application is Deemed to be Complete Personal information contained on this form is collected pursuan Municipal Freedom of Information and Protection of , and will be used for the purpose of administering the Towing B Privacy Act directed to the Clerk’s Office, Township of Oro-Medonte, 148 Line 7 South, Box 100, Oro, Ontario L0L 2X0 3436 Page of Page 398 of 450 15d) Being a ByLaw to License and Regulate Towing Compani... Scheedule 6 tto By-laww No. 2012-143 TOW TRRUCKDDRIVER APPLICATION Businness/Toww Truck DDriver Infoormation Name of Compaany (Registtered and OOperating As) Busineess Addresss (Street NNumber annd Name) CityPostal Code Telephoone NumbeerFax Nummber Compound Addrress (Streeet Numberr and Namee) Tow TTruck Driveer’s Name Tow TTruck Driveer’s Addresss (Street NNumber annd Name CityPostal Code Telephoone NumbeerCellular NNumber E-mail Address Per Section 11..1 Twp. The AApplicantshall provvide to the Licensing Officerr, at the ttime of AApplication, all of thhe Use folloing appliable docments: wwccuu a) A duly ccompletedd Application Form. b) Paymennt of the aappropriatee fee as seet out in SSchedule 22 of this Byy-Law. c) The Appplicant’s originalOntario Driver’s License with a minimum ClassGG designaation, withh no driviing restricctions, saave and eexpect the use offcorrectivve lenses. d) An Ontaario Driverr’s Licensee abstractt obtained from the Ministry oof Transpoortation annd dated wwithin 30 ddays of thee date whhich the Appplication is deemeed to be coomplete bby the Towwnship. e) A Crimiinal Recoord Checkk obtainedd from a PPolice enforcement agency and dateed within 330 days of the datee which thhe Applicaation is deeemed to be complete by thhe Townshhip. f) A Vulneerable Seectors Cheeck obtained from a Policee enforcemment agency, dateed within 330 days of the datee which thhe Applicaation is deeemed to be complete by thhe Townshhip. g) Written documenntation to tthe satisfaaction of tthe Licenssing Officeer from the owner oof the Towwing Comppany forwwhom the Applicantt is to provide serviices as a Tow Trucck Driver, confirming that the Applicaant is employed byy or otheerwise autthorized tto provide services as a Tow Truck Drier. avv h) Written documenntation to tthe satisfaaction of tthe Licenssing Officeer from the owner oof the Towwing Comppany for wwhom the Applicantt is to provide serviices as a Tow Trucck Driver confirmingg that thhe Applicaant is naamed on the Toww Truck CCompany’’s Insurance Policy as an Insred Drivr. uuee 33536 Page of Page 399 of 450 15d) Being a ByLaw to License and Regulate Towing Compani... i) A statement, in writing, advising if the Applicant has any pecuniary interest either directly or indirectly, in a vehicle pound, yard or building use impounding of vehicles, a vehicle body shop or other kind of public garage or any other yard, shop, building or place used for the storage, repair vehicles. If the Applicant has a pecuniary interest, a written information as to the location and the type of facilities in which they have an interest and the nature and extent of the interest shall be filed with th the time of the Application. j) Any other documents as required by the Licensing Officer. Tow Truck Driver Trainees Twp. Use Per Section 11.3 a) Where an Application for a Tow Truck Driver’s License has bee Licensing Officer, and where the Applicant for such Tow Truck Dr be receiving instructions on Tow Truck Driver training from a Li Driver, the Licensing Officer may issue a Tow Truck Driver Train shall expire thirty (30) days from the date of the Application. required documentation for a Tow Truck Driver Application, a wri Towing Company owner, shall be submitted advising that the indiv c) Upon completion of the training instruction, and no later tha approval of the Tow Truck Driver Trainee License, the Applicant written letter from the Towing Company owner advising that the t completed. Upon receipt of said letter, the Licensing Officer s Driver License, which shall expire on the first day of the month the date of the approval of the Tow Truck Driver Trainee License Signature of Tow Truck Driver Date Staff Signature Date Application is Deemed to be Complete Personal information contained on this form is collected pursuan Municipal Freedom of Information and Protection of , and will be used for the purpose of administering the Towing B Privacy Act directed to the Clerk’s Office, Township of Oro-Medonte, 148 Line 7 South, Box 100, Oro, Ontario L0L 2X0 3636 Page of Page 400 of 450 15e) A Bylaw to Appoint a Chief Building Official and Rep... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-144 A By-law to Appoint a Chief Building Official and Repeal By-law 2012-125 WHEREAS the Building Code Act, 1992, S.O. 1992, c.23, as amended, provides that the Council of each municipality shall appoint a Chief Building Official and such Inspectors as are necessary for the enforcement of this Act; WHEREAS the Building Code Act, 1992, S.O. 1992, c.23, as amended, provides that the Council of a municipality may enter into an agreement providing for the appointment of a Chief Building Official and Inspectors as are necessary for the enforcement of this Act; AND WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that the role of Council is to ensure that administrative practices are in place to implement the decisions of Council; AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte does now find it expedient to appoint a Chief Building Official; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That Bobbi Lovering is hereby appointed Chief Building Official for the Township of Oro-Medonte; 2. This appointment shall be effective August 13, 2012. 3. That By-law No. 2012-144 is hereby repealed in their entirety. 4. This by-law comes into force and effect on final passing thereof. TH BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 15 DAY OF AUGUST, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes _____ Clerk, J. Douglas Irwin Page 401 of 450 15f) A Bylaw to Appoint Building Inspectors and Repeal By... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-145 A By-law to Appoint Building Inspectors and Repeal By-Law Nos. 2010-201, 2012-107 and 2012-129 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 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 the employees of The Corporation of the Township of Oro-Medonte outlined on Schedule “A”, attached hereto and forming part of this by-law, be appointed as Building Inspector for the Township of Oro-Medonte. 2. That By-law Nos. 2010-201, 2012-107 and 2012-129 are hereby repealed in their entirety. 3. That this by-law shall take effect on August 13, 2012. th BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 15 DAY OF AUGUST, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ___________________________ Mayor, H.S. Hughes ___________________________ Clerk, J. Douglas Irwin Page 402 of 450 15f) A Bylaw to Appoint Building Inspectors and Repeal By... Schedule “A” to By-law No. 2012-145 for The Corporation of the Township of Oro-Medonte Building Inspector Bobbi Lovering Sherri-Lynn Moore Janice Bosomworth Nina D’Andreamatteo Steve Blogg Page 403 of 450 15g)Being a Bylaw to Amend ByLaw No. 2012090,Being a... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-146 Being a By-law to Amend By-Law No. 2012-090, “Being a By-Law to Appoint Municipal Law Enforcement Officers/Provincial Offences Officers” WHEREAS the Municipal Act 2001, S.O. 2001, c. 25, Section 224, as amended, provides that the role of Council is to ensure that administrative practices are in place to implement the decisions of Council; AND WHEREAS the Police Services Act, R.S.O. 1990, Chapter P.15, Section 15., provides the appointment of Municipal Law Enforcement Officers for the purpose of enforcing the by-laws of a municipality; AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte did th on the 9 day of May 2012, enact By-law No. 2012-090, “Being a By-Law to Appoint Municipal Law Enforcement Officers/Provincial Offences Officers”; AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte does now find it expedient to amend By-Law No. 2012-090; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That Schedule “A” of By-law 2012-090 be amended by adding “Bobbi Lovering” and “John Wigle”. 2. That the amendment to Schedule “A” be effective August 13, 2012. 3. That this by-law shall take effect on final passing thereof. H BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 15 DAY OF AUGUST, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE __________________________ Mayor, H.S. Hughes __________________________ Clerk, J. Douglas Irwin Page 404 of 450 A Bylaw to Authorize the Execution of a Lease Agreem... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-147 A By-law to Authorize the Execution of a Lease Agreement Between The Corporation of the Township of Oro-Medonte and Point to Point Broadband Inc. (Block 54, Plan 51M-726 – 2565 Bidwell Road) WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 224, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte deems it expedient to enter into a Lease Agreement with Point to Point Broadband Inc. for the purpose of installing, maintaining and operating a broadband steel communication tower on municipally owned property, to provide broadband access to the public; 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 Lease Agreement between The Corporation of the Township of Oro-Medonte and Point to Point Broadband Inc. attached hereto as Schedule “A” an part of this By-Law. 2. That this by-law shall take effect on the final passing thereof. TH BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 15 DAY OF AUGUST, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE __________________________ Mayor, H.S. Hughes __________________________ Clerk, J. Douglas Irwin Page 405 of 450 A By Page 406 of 450 A By Page 407 of 450 A By Page 408 of 450 A By Page 409 of 450 A By Page 410 of 450 A By Page 411 of 450 A By Page 412 of 450 15i) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-148 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Denise Roxanne Kwang Lee described as lands as follows: PART WEST ½ LOT 24, CON 10, AS IN RO440640 SECONDLY;ORO-MEDONTE, 551 LINE 9 SOUTH, as in 58560-0015 LT ROLL # 4346-010-010-01300 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. TH BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 15 DAY OF AUGUST, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ______________________________ MAYOR, H.S. HUGHES ______________________________ CLERK, J. DOUGLAS IRWIN Page 413 of 450 15i) A By - between - - and - DESCRIPTION OF LANDS PART WEST ½ LOT 24 CONCESSION 10 ORO AS IN RO440640 SECONDLY PIN 58560-0015 LT ORO-MEDONTE COUNTY OF SIMCOE August 15, 2012 By-Law No. 2012-148 Page 414 of 450 15i) 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 415 of 450 15i) A By SITE PLAN CONTROL AGREEMENT th This Agreement made, in triplicate, this 15 day of August, 2012, in accordance with Section 41 of the Planning Act. B E T W E E N : DENISE ROXANNE KWANG LEE 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 three detached accessory buildings, relocation of an existing garage, installation a second entrance and signage associated with a “Home Industry”, and the construction of an addition to the existing dwelling, on lands described in Schedule “A”, attached hereto; AND WHEREAS the Township has enacted a By-law to provide for the designatio lands as a "Site Plan Control Area"; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule “B”; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: 3 Page 416 of 450 15i) 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 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 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 the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers and Easements, or other documents required by Schedule “C”, as well as certification from the Owner’s solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h) The Owner agrees that prior to issuance of a Building Permit, a Sewage System Permit approval must be received by the Township/Ministry of the Environment. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By-law to permit Medonte to construction of three detached accessory buildings, relocation of an existing garage, installation a second entrance and signage associated with a “Home Industry”, and the construction of an addition to the existing dwelling 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 conditi 4 Page 417 of 450 15i) A By 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 Section 3.8.2, 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 an as-needed basis, with th of such scrap and associated refuse not to exceed a cumulative volume of 45 cubic feet. f) Garbage Collection The Owner acknowledges and agrees that any Industrial, Commerci Institutional (I. C. & I) and multi-unit locations (six (6) units and over) will not receive curb side waste collection services from the County of Simcoe. Each I. C. & I location and multi-unit residential location will be respon garbage and recycling disposal. g) Landscaping The Owner shall complete all landscaping and landscaped areas s Site Plan, attached as Schedule “B”, as soon as weather permits and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. h) Erosion and Siltation Control The Owner must take all necessary precautions to prevent erosion sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during construction. The Owner agrees t erosion and siltation control devices in good repair until vegetative cover has been successfully established. k) Lake Simcoe Region Conservation Authority (LSRCA) That the Owner shall agree to: i) Carry out or cause to be carried out all the recommendations and measures contained within the plans and reports; ii) Ensure that no development is permitted (except for stewardship, conservation, restoration and remediation undertakings and/or low-intensity recreational uses) within the Key Natural Heritage/Hydrological Feature(s) as identified as KNHF on the map attached to correspondence from the LSRCA dated March 2012; 5 Page 418 of 450 15i) A By iii) Ensure that additional plantings will be native, non-invasive species; iv) Ensure that all erosion and sedimentation control measures be in place prior to any site alteration; and v) Engage a qualified professional to certify in writing that the works were constructed in accordance with the plans and reports as approved by the LSRCA and the Township. 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) 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. b) 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. c) Upon written notification by the Owner’s agent, certifying that all required works for which the Letter of Credit was submitted have been completed with the plans submitted and upon confirmation by the Township or its agent that the Owner’s obligations under this Agreement have been completed, the Township will return said Letter of Credit. d) If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on i deposits, then the Township shall give, by registered mail, twenty-one (21) day’s notice, its intent to draw down on the security or deposit. 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to t addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 466 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended. 7. CO-OPERATION 6 Page 419 of 450 15i) A By 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 ) ) __________________________ ) Denise Roxanne Kwang Lee, ) owner ) ) The Corporation of the ) Township of Oro-Medonte ) per: ) ) __________________________ ) H.S. Hughes, Mayor ) ) ____________________________ ) J. Douglas Irwin, Clerk 7 Page 420 of 450 15i) A By NOTE: It is understood and agreed that this Schedule forms part of the Agreement between the Township of Oro-Medonte and Denise Roxanne Kwang Lee. LEGAL DESCRIPTION OF LANDS Part West ½ Lot 24, Concession 10, Oro, as in RO440640 Secondly Township of Oro-Medonte County of Simcoe PIN 58560- 0015 LT Roll# 4346-010-010-01300 8 Page 421 of 450 15i) A By NOTE: It is understood and agreed that this Schedule forms part of the Agreement between the Township of Oro-Medonte and Denise Roxanne Kwang Lee. SITE PLAN Site Plan Drawing: Site Plan of 547/551 Line 9 South (whole property), by Denise Kwang Lee, dated May 17, 2012. Site Plan of 547/551 Line 9 South (northwest corner of property), by Denise Kwang Lee, dated May 17, 2012. Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. 9 Page 422 of 450 15i) A By NOTE: It is understood and agreed that this Schedule forms part of the Agreement between the Township of Oro-Medonte and Denise Roxanne Kwang Lee. 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 423 of 450 15i) A By NOTE: It is understood and agreed that this Schedule forms part of the Agreement between the Township of Oro-Medonte and Denise Roxanne Kwang Lee. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION 1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT 2. LETTERS OF CREDIT AMOUNT Letter of Credit 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 424 of 450 15j) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-149 A By-law to remove the Holding symbol On lands described as follows: Part West ½ Lot 24, Con 10, as in RO440640 Secondly;ORO-MEDONTE, 551 LINE 9 SOUTH, as in 58560-0015 LT ROLL # 4346-010-010-01300 Township of Oro-Medonte County of Simcoe 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 ‘A5, to Zoning By-law No. 97-95 as amended, is hereby further amended by removing the Holding provision applying to lands known as “Part West ½ Lt 24, Con 10, As in RO440640 Secondly; Oro-Medonte, Roll # 4346- 010-010-01300”as shown on Schedule ‘A’ attached hereto and forming part of this By-law. 2. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. TH BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 15 DAY OF AUGUST, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes _____ Clerk, J. Douglas Irwin Page 425 of 450 15j) A By Thiss is Schedule 'AA' to Byy-Law 20012-1449 passsed the 15 daay of Auugust, 22012. th Mayoor H.S. Hughees Clek rr J.. Douglass Irwin Page 426 of 450 15k) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-150 A By-lawto Authorize the Execution of the Memorandum of Understanding Between the Township of Oro-Medonte and Ontario Provincial Police (OPP) (Special Events at Mount St. Louis Moonstone) WHEREAS Section 224 of the Municipal Act, 2001, S.O. 2001, c.25,as amended, provides that the role of Council is to ensure that administrative practices are in place to implement the decisions of Council; AND WHEREAS the Council of the Township of Oro-Medonte did enact By-law No. 2009-022, Being a By-law to provide for the restricting and regulating of parking, standing and stopping on highways or parts of highways under the jurisdiction of The th Corporation of the Township of Oro-Medonte (Parking By-law), on the 25 day of February, 2009; AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte deems it expedient to enter into a Memorandum of Understandingwith the Ontario Provincial Police (OPP) with respect to the enforce the Township’s Parking By-law, as amended, for Special Events held at Mount St. Louis Moonstone; AND WHEREAS 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 Memorandum of Understanding attached hereto as Schedule “A” and forming part of this By-Law. 2. This by-law shall take effect on the final passing thereof. TH BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 15 DAY OF AUGUST, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ____________________________ Mayor, H.S. Hughes ____________________________ Clerk, J. Douglas Irwin Page 427 of 450 15k) A By Schedule “A” to By-law No. 2012-150 for The Corporation of the Township of Oro-Medonte th MEMORANDUM OF UNDERSTANDING made this 15 day of August, 2012. BETWEEN: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE (the "Township") OF THE FIRST PART - and - ONTARIO PROVINCIAL POLICE (the “OPP”) OF THE SECOND PART WHEREAS both parties are desirous in forming a partnership to ensure proper enforcement of the Township’s Parking By-law; THEREFORE the parties here signed do agree to the following conditions: 1. Term of the Memorandum of Understanding (“MOU”) 1.1 The term of the MOU shall commence on August 15, 2012 and expire within 30 days of written notice from either party. 1.2 If the Township or OPP fail to perform or observe any covenant, condition or agreement to the performed or observed herein and such default continues unremedied after written notice from either party, then either party may terminate this agreement within 30 days of receipt of written notice of such intent to terminate without prejudice to any other rights it may have in law or equity. 2. Conditions: 2.1 The Township will be responsible for the following: Purchase and install of “No Parking” signs to give force and effect to the Township’s Parking By-law with respect to “No Parking” Zones. Install of temporary “No Parking” signs to give force and effect to the Township’s Parking By-Law with respect to Section 8.3 of the Township’s Parking By-Law. The Township’s Municipal Law Enforcement Division shall enforce the Township’s Parking By-law at all times, with the exception of Special Events at Mount St. Louis Moonstone as stipulated in Section 2.2 of the MOU. Provide the OPP with copies of the enacted By-Law and offence notice booklets. Page 428 of 450 15k) A By 2.2 The OPP shall: Enforce the Township’s Parking By-law, at their discretion; ticketing and towing all illegally parked vehicles in the Mount St. Louis area during special events held at Mount St. Louis Moonstone, where paid duty officers are in attendance. Attend court for trials scheduled for any parking infractions i Memorandum of Understanding. IN WITNESS WHEREOF the parties have hereto executed this memorandum of understanding: Township of Oro-Medonte: H.S. Hughes, Mayor J. Douglas Irwin, Clerk We have the authority to bind the Corporation OPP: Page 429 of 450 15l) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-151 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Michael Stacy Duns and Alyssa Rose Churchill described as lands as follows: Part of Lot 25, Concession 10, Being Part 1, Plan 51R36518, as in 58560-0162 LT ROLL # 43-46-010-010-01710 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. 2008-046 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 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. H BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 15 DAY OF AUGUST, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ______________________________ MAYOR, H.S. HUGHES ______________________________ CLERK, J. DOUGLAS IRWIN Page 430 of 450 15l) A By - between - - and - DESCRIPTION OF LANDS PART OF LOT 25, CONCESSION 10, ORO BEING PART 1 PLAN 51R36518 PIN 58560-0162 LT ORO-MEDONTE COUNTY OF SIMCOE August 15, 2012 By-Law No. 2012-151 Page 431 of 450 15l) 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 432 of 450 15l) A By SITE PLAN CONTROL AGREEMENT th This Agreement made, in triplicate, this 15 day of August, 2012, in accordance with Section 41 of the Planning Act. B E T W E E N : MICHAEL STACY DUNS ALISSA ROSE CHURCHILL 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 dwelling on lands described in Schedule “A”, a 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 433 of 450 15l) 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”, 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, 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 the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers and Easements, or other documents required by Schedule “C”, as well as certification from the Owner’s solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h) The Owner agrees that prior to issuance of a Building Permit, a Sewage System Permit approval must be received by the Township/Ministry of the Environment. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By-law to permit the constru 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 conditi 4 Page 434 of 450 15l) A By 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. 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. i) Tree Removal No trees shall be cut outside of the immediate area surrounding the proposed dwelling, septic system and driveway was shown on and approved Topographic Plan by Eplett & Worobec, last revised July 3, 2012, with “Limit of Tree Clearing” and “Restoration Area” annotations, unless dead or diseased 5 Page 435 of 450 15l) A By j) Establishing Building Envelope As per the recommendations of the Environmental Impact Study completed by Michalski Nielsen Associates Limited dated August 2005 (revised September 2006). Prior to the issuance of a building permit, the development enve marked on site, and a qualified biologist should inventory the area for the presence of any of the watershed rare species listed in Section 5.1 of the Environmental Impact Study. This should be done between June to August in orde proper identification. If any specimens are found within the envelope they should be transplanted out of the development envelop into similar habitat within the property to the satisfaction of the Lake Simcoe Region Conservation Authority. k) Lake Simcoe Region Conservation Authority That the Owner shall: i) obtain a permit from the LSRCA under Ontario Regulation 179/06 prior to the issuance of a municipal building permit for the proposed develop ii) agree to carry out or cause to be carried out all the recomm measures contained within the approved plans and reports; iii) agree to ensure that all erosion and sedimentation control measures will be in place prior to any site alteration, and remain in place until the site has been stabilized; iv) agree to engage a qualified professional to certify in writing that the works were constructed in accordance with the plans and reports as approved by the LSRCA; and v) provide confirmation from either a qualified ecologist or the Lake Simcoe Region Conservation Authority that the required plantings are in conformity with the approved planting plan prior to the release of all securities. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by all parties. It is the intention of the parties that material amendments to this Agreement be properly recorded. Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of Confirmation, or notations on Engineering drawings. The nature of such record of amendment shall depend on circumstances. 5. SECURITY Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule “D” to this Agreement (the “said Work”), the following securities: a) Cash in the amount of one hundred percent (100%) of the estimated cost of the said work, as approved by the Township Engineer and Township Council, b) An irrevocable Letter of Credit from a chartered bank, issued in accordance with the requirements of Schedule “E”, with an automatic renewal clause in the amount of one hundred percent (100%) of the estimated costs of the said works, and as approved by the Township Engineer. The Letter of Credit shall b guaranteed period of one (1) year, or such time as the Township be renewed automatically, as necessary, thirty (30) days prior to expiration. c) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Owner’s Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Agreement and will become the basis for the limits of the securities. 6 Page 436 of 450 15l) A By d) Any Letter of Credit or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Letters of Credit and security received by the Township may be used as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owner’s agent, certifying that all required works for which the Letter of Credit was submitted have been completed with the plans submitted and upon confirmation by the Township or its agent that the Owner’s obligations under this Agreement have been completed, the Township will return said Letter of Credit. f) If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on i deposits, then the Township shall give, by registered mail, twenty-one (21) day’s notice, its intent to draw down on the security or deposit. 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to t addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 466 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended. 7. CO-OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreeme 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the parties hereto, and upon the lands described in Schedule “A”, attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 9. SEVERABILITY OF CLAUSES 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. 7 Page 437 of 450 15l) A By 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 ) ) __________________________ ) Michael Stacy Duns, owner ) ) __________________________ ) Alissa Rose Churchill, owner ) ) The Corporation of the ) Township of Oro-Medonte ) per: ) ) __________________________ ) H.S. Hughes, Mayor ) ) __________________________ ) J. Douglas Irwin, Clerk 8 Page 438 of 450 15l) A By NOTE: It is understood and agreed that this Schedule forms part of the Agreement between the Township of Oro-Medonte and Michael Stacy Duns and Alissa Rose Churchill. LEGAL DESCRIPTION OF LANDS Part of Lot 25, Concession 10 Being Part 1 Plan 51R36518 Township of Oro-Medonte County of Simcoe PIN 58560- 0162 (LT) Roll# 4346-010-010-01710 9 Page 439 of 450 15l) A By NOTE: It is understood and agreed that this Schedule forms part of the Agreement between the Township of Oro-Medonte and Michael Stacy Duns and Alissa Rose Churchill. SITE PLAN Site Plan Drawing: Topographic Plan on Part of Lot 25, Concession 10, by Eplett & Worobec Surveying Ltd., released September 27, 2011, with “Limit of Tree Clearing Revised July 3, 2012” Restoration Area Drawing: Appendix “A”, as referenced in Topographic Plan by Eplett & Worobec Surveying Ltd., last revised July 3, 2012 Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. 10 Page 440 of 450 15l) A By 11 Page 441 of 450 15l) A By NOTE: It is understood and agreed that this Schedule forms part of the Agreement between the Township of Oro-Medonte and Michael Stacy Duns and Alissa Rose Churchill. 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 12 Page 442 of 450 15l) A By NOTE: It is understood and agreed that this Schedule forms part of the Agreement between the Township of Oro-Medonte and Michael Stacy Duns and Alissa Rose Churchill. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION 1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT 2. LETTERS OF CREDIT AMOUNT Letter of Credit to be provided by the Owner $5000.00 to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. 13 Page 443 of 450 15m) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-152 A By-law to remove the Holding symbol On lands described as follows: Part of Lot 25, Concession 10, Being Part 1, Plan 51R36518 Township of Oro-Medonte, County of Simcoe Roll # 4346-010-010-01710 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 ‘A5’, to Zoning By-law No. 97-95 as amended, is hereby further amended by removing the Holding provision applying to lands known as “Part of Lot 25, Concession 10, Being Part 1, Plan 51R36518, Roll # 4346-010-010- 01710”as shown on Schedule ‘A’ attached hereto and forming part of this By- law. 2. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. TH BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 15 DAY OF AUGUST, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes _____ Clerk, J. Douglas Irwin Page 444 of 450 15m) A By Thiss is Schedule 'AA' to Byy-Law 20012-1552 passsed the 15 daay of Auugust, 22012. th Mayoor H.S. Hughees Clek rr J.. Douglass Irwin Page 445 of 450 A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-153 A By-law to amend the zoning provisions On lands described as follows: Concession 3, East Part of Lot 28, 1753 Ridge Road West Township of Oro-Medonte, County of Simcoe Roll # 4346-020-007-21400 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 ‘A2’ to Zoning By-law 97-95, as amended, is hereby further amended by changing the zone symbol applying to the lands being Concession 3, East Part of Lot 28, 1753 Ridge Road West, in the former geographic Township of Oro, now in the Township of Oro-Medonte, from the Agricultural/Rural (A/RU) and Shoreline Residential (SR) Zones to the Agricultural/Rural (A/RU) and Shoreline Residential Exception 215 Holding (SR*215(H)) Zone as shown on Schedule ‘A’ attached hereto and forming part of this By-law. 2. Section 7 – Exceptions to Zoning By-law as amended is hereby further amended by the addition of the following subsection: “7.215 *215 – EAST PART OF LOT 28, CONCESSION 3, MUNICIPALLY KNOWN AS 1753 RIDGE ROAD WEST (FORMER ORO) “Notwithstanding the provisions of Section 5.6 (g) a maxmimum height of 6.84 metres is permitted for such portion of the boathouse whose floor area does not exceed 44.1 square metres lands denoted by the symbol *215, as shown on the schedules to this By-law. 3. The portion of the lands zoned shoreline Residential Exception 215 (SR*215) shall be subject to a Holding (H) Provision in accordance with Section 2.5 of By-law 97- 95, as amended. The Holding Provision shall be applied to the construction of a boathouse and shall not be removed until a Site Plan Agreement that is satisfactory to Council has been entered into. 4, This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. TH BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 15 DAY OF AUGUST, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 446 of 450 A By Thiss is Schedule 'AA' to Byy-Law 20012-1553 passsed the 15 daay of Auugust, 22012. th Mayoor H.S. Hughees Clerrk J.. Douglass Irwin TOWNNSHIP OF ORO-MEDDONTE Page 447 of 450 15o) A Bylaw to Repeal Bylaw No. 2011049, being A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-154 A By-law to Repeal By-law No. 2011-049, being A By-law to Authorize the Execution of a Contract Between The Township or Oro-Medonte and The Oro-Medonte Chamber of Commerce 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; th AND WHEREAS Council did enact By-law No. 2011-049 on the 6 day of April 2011, to enter into a contract with the Oro-Medonte Chamber of Commerce for the production and printing of 5 seasonal issues of the Recreation and Community Services brochure; AND WHEREAS the aforementioned contract contained a Termination Upon Notice Without Cause section that permits either party the right to terminate the agreement, in whole or in part, without liability, upon terms agreed upon by both parties; AND WHEREAS both parties to the contract authorized pursuant to By-law No. 2011- 049 are in agreement to terminate the contract effective August 15, 2012; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That By-law No. 2011-049 is hereby repealed in its entirety. 2. This by-law shall take effect on the final passing thereof. TH BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 15 DAY OF AUGUST, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 448 of 450 15p)A ByLaw to Amend ByLaw, 2012062,A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-155 A By-Law to Amend By-Law, 2012-062, “A By-law of The Corporation of the Township of Oro-Medonte to Provide for the Imposition of Fees or (Fees and Charges By-law) WHEREAS Part XII, Section 391(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, authorizes a municipality to impose fees or charges on or activities provided or done by or on behalf of it; for costs activities provided or done by or on behalf of any other municip for the use of its property including property under its control th AND WHEREAS Council of the Township of Oro-Medonte did, on the 4 day of April, 2012, enact By-law No. 2012-062 to provide for the imposition of AND WHEREAS Council deems it necessary to amend Schedule D, Recreation and Community Services, of By-law No. 2012-062. NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That Schedule “D” to By-law No. 2012-062 Recreation and Commu amended by deleting Section 11 in its entirety and replacing it with: 11. Advertising Recreation Guide Size Dimensions Per Issue Plus HST Eighth Page 3.7083” Wide x 2” High $ 129.00 Quarter Page Banner (7.375” Wide x 2” High) or $ 259.00 Vertical (3.7093” Wide x 4.9107” High) Half Page 7.375” Wide x 4.9107” High $ 359.00 Outside or 7.375” Wide x 9.875” High $ 799.00 Back Cover Inside Front or Back Covers Quarter Page Banner (7.375” Wide x 2” High) or $ 299.00 Vertical (3.7093” Wide x 4.9107” High) Half Page 7.375” Wide x 4.9107” High $ 429.00 Note: 10% Discount for a Yearly Commitment of 3 Guides Arena Location Size Per Season Rink Board 7 ft. Wide x 2.5 ft. High $ 650.00 Wall Boards 4 ft. Wide x 8 ft. High or $300.00 8 ft. Wide x 4 ft. Wide 2. That Schedule “D” to By-law No. 2012-062 Recreation and Commu amended by adding “unless otherwise specified” to the end of “Note: Fees and charges identified in this Schedule include all applicable taxes 3. That this by-law shall take effect on the final passing there TH BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 15 DAY OF AUGUST, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE __________________________ Mayor, H.S. Hughes __________________________ Clerk, J. Douglas Irwin Page 449 of 450 18a) Being a ByLaw to Confirm the Proceedings of the Coun... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-139 Being a By-Law to Confirm the Proceedings of the Council Meeting Wednesday, August 15, 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, August 15, 2012, and in respect to each Motion, Resolution and o passed and taken by the Council at its said Meeting is, except where prior approval of the Ontario Municipal Board is required, hereby adopted, ratified and confirmed. 2. That the Mayor and the proper Officials of the Township are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary on behalf of the Council of the Corporation of the Township of Oro- Medonte. 3. That the Mayor/Chair and Clerk/Designate are hereby authorized and directed to execute and affix the corporate seal to all necessary documents. 4. And That this by-law shall come into force and take effect on the final passing thereof. TH BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 15 DAY OF AUGUST, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE __________________________ Mayor, H.S. Hughes __________________________ Clerk, J. Douglas Irwin Page 450 of 450