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12 12 2012 Council Agenda
THE TOWNSHIP OF OROMEDONTE COUNCIL MEETING AGENDA COUNCIL CHAMBERS Wednesday, December 12, 2012 2:30 p.m. Open Session Page 1.CALL TO ORDER - PRIVATE PRAYER/MOMENT OF REFLECTION: 2.ADOPTION OF AGENDA: a)Motion to Adopt the Agenda. 3.DISCLOSURE OF PECUNIARY INTEREST: 4.CLOSED SESSION ITEMS: a)Motion to go In Closed Session. b)Motion to Rise and Report. Andria Leigh, Director of Development Services re: Litigation af municipality (OMB Appeal Dasovic 2012A25). d)Andria Leigh, Director of Development Services re: Litigation af municipality (OMB Appeal Crestwood Park Holdings 2012OPA02). e)Doug Irwin, Director of Corporate Services/Clerk re: Acquisition Doug Irwin, Director of Corporate Services/Clerk re: Acquisition g)Robin Dunn, CAO re: Personal matter about an identifiable indivi Doug Irwin, Director of Corporate Services/Clerk, re: Litigation municipality (Lakeshore Promenade). [Addenda] 5.IDENTIFICATION FROM THE PUBLIC OF AN AGENDA ITEM OF INTEREST: 6.MINUTES OF COUNCIL AND COMMITTEES: 5-21 a)Minutes of Council meeting held on December 5, 2012. 7.RECOGNITION OF ACHIEVEMENTS: 22 a)Vanessa Cooper, Successful Completion of Certificate of Achievem Page 1 of 237 - Page 8.PUBLIC MEETINGS: 9.DEPUTATIONS: 10.REPORTS OF MUNICIPAL OFFICERS: 23-28 a)Report No. CSI 201206, Donna Hewitt, Director of Corporate & Strategic Corporate Strategic Plan; Department Operations [to be distributed at meeting]. 29-85 b)Robin Dunn, CAO & Senior Management Team re: 2013 Budget PresentationsOperating Budgets and Capital Summary. 86-88 November 30, 2012. 89-90 d) 91-94 e)Report No. CS201243, Doug Irwin, Director of Corporate Services/Clerk law No. 2012183, Being a By 95-100 Report No. DS201258, Andria Leigh, Director of Development Services law Amendment 2012ZBA13 (J & K Farms Limited) [Refer to 101-106 g)Report No. DS201259, Andria Leigh, Director of Development Services law Amendment 2012ZBA11 (Robins Holsteins Limited) [Refer 107-110 Report No. DS201260, Andria Leigh, Director of Development Services Ridgewood Court Subdivision Agreement 11.REPORTS OF MEMBERS OF COUNCIL: 111-147 a) November 23, 2012 Board Highlights. 148-150 b) 151 12.CONSENT AGENDA: 152-157 a) -- - Page 2 of 237 - Page 12.CONSENT AGENDA: 13.COMMUNICATIONS: 158-160 a)Correspondence dated November, 2012 from Mike MacEachern, Mayor, Lake, Chair, Ontario Small Urban Municipalities re: Diamond Jubi 1 14.NOTICE OF MOTIONS: 15.BY-LAWS: 161-172 a)Law No. 2012123Being a By 173-174 b)Law No. 2012205A By Concession 1(Former Township of Oro), 2203 Ski Trails Road (J & K Farms Limited 2012ZBA13). 175-176 Law No. 2012206A By Hill Road (Robins Holsteins Limited 2012ZBA11). 177-180 d)Law No. 2012210A By Federation of Snowmobile Clubs Local 2012/2013 and 2013/2014 Seasons and to Repeal law No. 2011003. 181-184 e)Law No. 2012211A By Federation of Snowmobile Clubs Local Page 3 of 237 - Page 15.BY-LAWS: Snowmobile Club, Orillia District Snowmobile Club For the 2012/2013 and 2013/2014 Seasons and to Repeal Bylaw No. 2011004. 185-234 Law No. 2012213Being a By Subdivision Agreement between the Corporation of Medonte and Horseshoe Valley Lands Limited. 235 g)Law No. 2012214A ByLaw 2011194,A ByLaw to Appoint Representatives to the Lake Simcoe Regional Airport Board of Directors 236 Law No. 2012215A Bylaw to Appoint a Representative to the Lake Simcoe Regional Airport Board of Directors. 16.QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM: 17.CLOSED SESSION ITEMS (UNFINISHED ITEMS): 18.CONFIRMATION BY-LAW: 237 a)Law No. 2012204Being a By Council meeting held on Wednesday, December 12, 2012. 19.ADJOURNMENT: a) Page 4 of 237 6a) Minutes of Council meeting held on December 5, 2012.... THE TOOWNSHIPOF ORO-MMEDONTE REGULAR COUNCIIL MEETINNG MINUTEES CouncilChamberss Wednessday, Deceember 5, 20012TIMME: 9:02 a..m. 2010 - 014 COUCIL 22NN Presentt: MayorH.S. Hughees Deputyy Mayor Ralph Hough Counciillor Mel Cooutanche (leeft at 2:02 pp.m.) Councllor Kelly eye iiMMr Councllor Marty ancaste iiLLr Councllor John rawford iiCC Counciillor Dwightt Evans 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, Fire hief; Tamra rrddttssrCCaa Obee,ManagerHHealth & Safety, Humaan Resourcees; Janettee Teeter, Deputyy Clerk Also Ann Trruyens, Howward Leakee, Sheila Crraig 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 privatepprayer/momment of refleection. 117 Pageoof Page 5 of 237 6a) Minutes of Council meeting held on December 5, 2012.... Council Meeting Minutes December 5, 2012. 2.ADOPTION OF AGENDA: a) Motion to Adopt the Agenda. Motion No. C121205-1 Moved by Crawford, Seconded by Evans Be it resolved that the agenda for the Council meeting of Wednesday, December 5, 2012 be received and adopted, as amended, to withdraw Item 4c) Robin Dunn, CAO, re Solicitor-client privilege (Legal Update). Carried. 3.DISCLOSURE OF PECUNIARY INTEREST: None declared. 4.CLOSED SESSION ITEMS: a) Motion to go In Closed Session. Motion No. C121205-2 Moved by Coutanche, Seconded by Meyer Be it resolved that we do now go in Closed Session at 9:04 a.m. to discuss acquisition/disposition of land; personal matters affecting an identifiable individual; solicitor-client privilege. Carried. 217 Page of Page 6 of 237 6a) Minutes of Council meeting held on December 5, 2012.... Council Meeting Minutes December 5, 2012. b) Motion to Rise and Report. Motion No. C121205-3 Moved by Evans, Seconded by Crawford Be it resolved that we do now Rise at 10:10 a.m. and Report on the Closed Session Items 4: c) This item was withdrawn. d) Doug Irwin, Director of Corporate Services/Clerk, re: Acquisition / disposition of land (Simcoe Road, Plan 589). h) Jerry Ball Director of Transportation and Environmental Services, re: Solicitorclient privilege (Water System Capacity). and that Closed Session Items 4 e) Shawn Binns, Director of Recreation and Community Services, re: Acquisition / disposition of land (Parkland Acquisition). f) Councillor Crawford re: Personal matters about an identifiable individual (Lake Simcoe Regional Airport Representation). g) Andria Leigh, Director of Development Services re: Personal matters about an identifiable individual (Development Services). be brought forward to Item 17 Closed Session Items (Unfinished Items). Carried. c) Robin Dunn, CAO, re: Solicitor-client privilege (Legal Update) This item was withdrawn. 317 Page of Page 7 of 237 6a) Minutes of Council meeting held on December 5, 2012.... Council Meeting Minutes December 5, 2012. d) Doug Irwin, Director of Corporate Services/Clerk, re: Acquisition / disposition of land (Simcoe Road, Plan 589). The following staff were present: Robin Dunn, Chief Administrative Officer; Doug Irwin, Director of Corporate Services/Clerk; Jerry Ball, Director of Transportation and Environmental Services; Andria Leigh, Director of Development Services; Donna Hewitt, Director of Corporate and Strategic Initiatives; Janette Teeter, Deputy Clerk. Motion No. C121205-4 Moved by Evans, Seconded by Crawford Be it resolved 1. That Confidential Report No. CS2012-042, Doug Irwin, Director of Corporate Services/Clerk, re: Acquisition / disposition of land (Simcoe Road, Plan 589) be received and adopted. 2. And That staff proceed as outlined in Confidential Report No. CS2012-042. Carried. e) 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. Motion No. C121205-5 Moved by Coutanche, Seconded by Meyer Be it resolved 1. That Confidential Report No. RC2012-29, Shawn Binns, Director of Recreation and Community Services, re: Acquisition / disposition of land (Parkland Acquisition) be received. 2. And That the matter be brought forward after the 2013 budget deliberations. Carried. 417 Page of Page 8 of 237 6a) Minutes of Council meeting held on December 5, 2012.... Council Meeting Minutes December 5, 2012. f) Councillor Crawford re: Personal matters about an identifiable individual (Lake Simcoe Regional Airport Representation). The following staff were present: Robin Dunn, Chief Administrative Officer; Doug Irwin, Director of Corporate Services/Clerk; Andria Leigh, Director of Development Services. Motion No. C121205-6 Moved by Coutanche, Seconded by Meyer Be it resolved 1. That Scott Running be appointed as one of the Township's representatives to the Lake Simcoe Regional Airport Board of Directors for the 2013-2014 term. 2. That the City of Barrie be requested to provide written confirmation in accordance with Section 6.09 of the Lake Simcoe Regional Airport Agreement of the Township of Oro-Medonte's appointment to the Lake Simcoe Regional Airport Board of Directors. 3. That the Clerk bring forward the appropriate by-law. 4. And That the applicants be advised of Council's decision under Councillor Crawford's signature. Carried. g) Andria Leigh, Director of Development Services re: Personal matters about an identifiable individual (Development Services). The following staff were present: Robin Dunn, Chief Administrative Officer; Doug Irwin, Director of Corporate Services/Clerk; Andria Leigh, Director of Development Services. Motion No. C121205-7 Moved by Crawford, Seconded by Evans Be it resolved that the confidential correspondence dated November 30, 2012 and presented by Andria Leigh, Director of Development Services re: about an identifiable individual (Development Services-Wiebe) be received with regrets and best wishes. Carried. 517 Page of Page 9 of 237 6a) Minutes of Council meeting held on December 5, 2012.... Council Meeting Minutes December 5, 2012. h) Jerry Ball Director of Transportation and Environmental Services, re: Solicitor-client privilege (Water System Capacity). 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; Paul Gravelle, Director of Finance/Treasurer/Deputy CAO; Donna Hewitt, Director of Corporate & Strategic Initiatives. Motion No. C121205-8 Moved by Evans, Seconded by Crawford Be it resolved 1. That the confidential correspondence dated December 5, 2012 and presented by Jerry Ball Director of Transportation and Environmental Services, re: Solicitor-client privilege (Water System Capacity) be received. 2. And That Council endorses the parameters identified in the confidential correspondence dated December 5, 2012 and directs staff to proceed accordingly. Carried. 5.IDENTIFICATION FROM THE PUBLIC OF AN AGENDA ITEM OF INTEREST: 6.MINUTES OF COUNCIL AND COMMITTEES: a) Minutes of Council meeting held on Wednesday, November 28, 2012. Motion No. C121205-9 Moved by Meyer, Seconded by Coutanche Be it resolved that the draft minutes of the Council meeting held on Wednesday, November 28, 2012 be adopted as printed and circulated. Carried. 7.RECOGNITION OF ACHIEVEMENTS: None. 617 Page of Page 10 of 237 6a) Minutes of Council meeting held on December 5, 2012.... Council Meeting Minutes December 5, 2012. 8.PUBLIC MEETINGS: None. 9.DEPUTATIONS: None. 10.REPORTS OF MUNICIPAL OFFICERS: a) Robin Dunn, CAO, and Senior Management Team, re: 2013 Budget Presentation - Long Range Capital Forecast - 5 Year Capital Plan. A PowerPoint presentation was presented. Motion No. C121205-10 Moved by Coutanche, Seconded by Meyer Be it resolved that the presentations presented by Robin Dunn, CAO, and the Senior Management Team, re: 2013 Budget Presentation - Long Range Capital Forecast - 5 Year Capital Plan be received. Carried. b) Report No. CS2012-41, Doug Irwin, Director of Corporate Services/Clerk, re: Front Photocopier and Fax Machine Lease. Motion No. C121205-11 Moved by Meyer, Seconded by Coutanche Be it resolved 1. That Report No. CS 2012-041 Doug Irwin, Director of Corporate Services/Clerk, re: Front Photocopier and Fax Machine Lease be received and adopted. 2. That the provisions of the Purchasing and Tendering Procedures By-law be waived to allow the Township to enter into a lease agreement with Xerox requesting proposals for photocopier services. 3. That staff be authorized to enter into a 60 month lease agreement with Xerox as outlined in Report No. CS 2012-041. Carried. 717 Page of Page 11 of 237 6a) Minutes of Council meeting held on December 5, 2012.... Council Meeting Minutes December 5, 2012. c)Report No. TES2012-33, Jerry Ball, Director of Transportation and Environmental Services re: Road User & Repair Security Agreements for Solar Farm Developments by Recurrent Energy. Motion No. C121205-12 Moved by Evans, Seconded by Crawford Be it resolved 1. That Report No. TES2012-33, Jerry Ball, Director of Transportation and Environmental Services re: Road User & Repair Security Agreements for Solar Farm Developments by Recurrent Energy be received. 2. That Council requires a deposit of $10,000 per project. 3. That Council will not accept any Developer maximum liability clause. 4. That the applicant be notified of Council's decision under the Director of Transportation and Environmental Services' signature. 5. And That the matter be brought back for Council's consideration after discussion with the applicant. Carried. d) Report No. TES2012-34, Jerry Ball, Director of Transportation and Environmental Services re: County Road 49/Memorial Ave. Municipal Highway Agreement. Motion No. C121205-13 Moved by Coutanche, Seconded by Meyer Be it resolved 1. That Report No.TES2012-34, Jerry Ball, Director of Transportation and Environmental Services re: County Road 49/Memorial Ave. Municipal Highway Agreement be received and adopted. 2. That the Township enter into the Municipal Highway Agreement, with the County of Simcoe, to accept County Road 49 from Woodland Drive to Highway 11, as a Municipal Road. 3. That the Township of Oro-Medonte enters into a Road Maintenance Agreement with the City of Orillia, for future winter/summer maintenance on County Road 49. ’ 4. That County Road 49 is renamed in accordance with the Townships street naming Policy. 5. That the appropriate by-laws to Rename and Assume County Road 49 be brought forward for Council's consideration. ’ 6. And That the County of Simcoe is notified of Councils decision under the Director of Transportation and Environmental Services' signature. Carried. 817 Page of Page 12 of 237 6a) Minutes of Council meeting held on December 5, 2012.... Council Meeting Minutes December 5, 2012. e)Memorandum correspondence dated November 29, 2012 from Jerry Ball, Director of Transportation and Environmental Services re: Municipal Best Effort Highway Agreement, Line 7 North from Highway 11 North to Horseshoe Valley Road/County Road 22. Motion No. C121205-14 Moved by Crawford, Seconded by Evans Be it resolved 1. That the memorandum correspondence dated November 29, 2012 from Jerry Ball, Director of Transportation and Environmental Services re: Municipal Best Effort Highway Agreement, Line 7 North from Highway 11 North to Horseshoe Valley Road/County Road 22 be received and adopted. 2. And That the by-law and agreement to enter into the Municipal Best Effort Highway Agreement with the County of Simcoe, to transfer Line 7 North, North from Highway 11 to County Road 22 (Horseshoe Valley Road) be brought forward December 12, 2012 Council meeting. Carried. f) Report No. DS2012-56, Andria Leigh, Director of Development Services re: On-site Sewage System Maintenance Program. Motion No. C121205-15 Moved by Meyer, Seconded by Coutanche Be it resolved that Report No. DS2012-56, Andria Leigh, Director of Development Services re: On-site Sewage System Maintenance Program be received for information only. Carried. 917 Page of Page 13 of 237 6a) Minutes of Council meeting held on December 5, 2012.... Council Meeting Minutes December 5, 2012. g)Report No. DS2012-57, Andria Leigh, Director of Development Services re: On-Site Sewage System Maintenance Program for Source Water Protection Assessment Report Areas. Motion No. C121205-16 Moved by Crawford, Seconded by Evans Be it resolved 1. That Report No. DS2012-057, Andria Leigh, Director of Development Services re: On-Site Sewage System Maintenance Program for Source Water Protection Assessment Report Areas be received and adopted. 2. And that staff proceed with mail out notification, web site updates, and administration of the program. Carried. 11.REPORTS OF MEMBERS OF COUNCIL: a) Mayor H.S. Hughes, correspondence received November 19, 2012 from Robert O'Hara, re: By-Law No. 2012-167 - Noise By-Law. Motion No. C121205-17 Moved by Evans, Seconded by Crawford Be it resolved that the correspondence received November 19, 2012 from Robert O'Hara and presented by Mayor H.S. Hughes re: By-Law No. 2012-16 be received. Carried. 1017 Page of Page 14 of 237 6a) Minutes of Council meeting held on December 5, 2012.... Council Meeting Minutes December 5, 2012. b) Councillor Lancaster, correspondence dated November 21, 2012 from David Kennedy, re: Copeland Forest Winter Parking [deferred from November 28, 2012 meeting]. Motion No. C121205-18 Moved by Coutanche, Seconded by Meyer Be it resolved 1. That the information presented by Councillor Lancaster, correspondence dated November 21, 2012 from David Kennedy, re: Copeland Forest Winter Parking be received. 2. And That the applicant be advised under the Director of Corporate Services/Clerk's signature that the Township is not in a position to consider the request, at this time, as the Township does not own the property. Carried. 12.CONSENT AGENDA: a) Announcements of Interest to the Public: 1. Oro Station Community Hall, Pasta Dinner and Tree Lighting Ceremony, December 8, 2012, 5:00-7:00pm, Tree Lighting at 7:00pm, 31 Ridge Road East. 2. Mayor and Members of Council Free Skate, Friday, December 14, 2012, 6:00pm- 7:20pm, Oro-Medonte Community Centre. 3. Notice of Township Office Closure, Friday, December 21 @ 12:30pm-Tuesday, January 1, 2013. 4. Warminster Santa Claus Parade, Sunday, December 23, 2012, 2:00pm. 5. Notice of Commencement, Municipal Class Environmental Assessment, Horseshoe Highlands Water System Upgrade, Public Comments received until December 31, 2012. 6. Garfield Dunlop, Simcoe North MPP, 2013 Events. b) Minutes of Lake Simcoe Region Conservation Authority Board meeting held on October 26, 2012. Staff Recommendation: Receive. c) Nottawasaga Valley Conservation Authority, minutes of meeting held on October 19, 2012 and highlights of meeting held on November 23, 2012. Staff Recommendation: Receive. d) Minutes of Orillia Public Library meeting held on October 25, 2012. Staff Recommendation: Receive. 1117 Page of Page 15 of 237 6a) Minutes of Council meeting held on December 5, 2012.... Council Meeting Minutes December 5, 2012. Motion No. C121205-19 Moved by Crawford, Seconded by Evans 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 Station Community Hall, Pasta Dinner and Tree Lighting C 8, 2012, 5:00-7:00pm, Tree Lighting at 7:00pm, 31 Ridge Road Eas 2. Mayor and Members of Council Free Skate, Friday, December 14 7:20pm, Oro-Medonte Community Centre. 3. Notice of Township Office Closure, Friday, December 21 @ 12:30pm-Tuesday, January 1, 2013. 4. Warminster Santa Claus Parade, Sunday, December 23, 2012, 2: 5. Notice of Commencement, Municipal Class Environmental Assess Highlands Water System Upgrade, Public Comments received until D 2012. 6. Garfield Dunlop, Simcoe North MPP, 2013 Events. b) Minutes of Lake Simcoe Region Conservation Authority Board m 26, 2012. Received. c) Nottawasaga Valley Conservation Authority, minutes of meetin 2012 and highlights of meeting held on November 23, 2012. Received. d) Minutes of Orillia Public Library meeting held on October 25 Received. Carried. 13.COMMUNICATIONS: a) Correspondence dated November 15, 2012 from Dwight Duncan, De of Finance, and Bob Chiarelli, Minister of Municipal Affairs and Transport, re: Ontario Municipal Partnership Fund and Program Al Motion No. C121205-20 Moved by Meyer, Seconded by Coutanche Be it resolved that the correspondence dated November 15, 2012 from Dwight Duncan, Deputy Premier, Minister of Finance, and Bob Chiarelli, Minister of Municipal Affairs and Housing, Infrastructure and Transportation, re: Ontario Municipa Program Allocations for 2013 be received. Carried. 1217 Page of Page 16 of 237 6a) Minutes of Council meeting held on December 5, 2012.... Council Meeting Minutes December 5, 2012. b) Correspondence dated November 27, 2012 from Rob Love, President, Orillia District Snowmobile Club re: Request to Renew Ontario Federation of Snowmobile Clubs Memorandum of Understanding for a Two Year Term (2012/2013 and 2013/2014). Motion No. C121205-21 Moved by Evans, Seconded by Crawford Be it resolved 1. That the correspondence dated November 27, 2012 from Rob Love, President, Orillia District Snowmobile Club, re: Memorandum of Understanding with the Ontario Federation of Snowmobile Clubs be received. 2. That Council give consideration to the execution of a two year agreement with the Orillia District Snowmobile Club, with an amendment to the Memorandum of Understanding, to include an annual inclusive contribution of $500.00 to the Transportation Reserve Fund or the value of work "in-kind", with the following municipal road allowances and Rail Trail: - Line 5 North from Bass Lake Side Road to Horseshoe Valley Road in its entirety - Line 5 North from approximately 100 metres south of Railway Line to the top of the hill on Line 5 approximately 1km north of Horseshoe Valley Road. - Line 5 North approximately 1 km north of Horseshoe Valley Road for a distance of 1 km - Line 6 North from Bass Lake Side Road North approximately 1.5km to the South Side of Sugarbush. - Line 6 North from Mount St. Louis Road West approximately 650 metres to the top of the hill. - Line 9 North of Bass Lake Side Road in its entirety to the bottom of the hill at Gold Mountain Springs (opened Road Allowance) approximately 1.5km long. - Line 11 North from Old Barrie Road to Bass Lake Side Road East in its entirety. - Rail Trail from Line 5 South to Woodland Drive. ’ 3. That the appropriate by-law be brought forward for Councils consideration. ’ 4. And Further that the Orillia District Snowmobile Club be notified of Councils decision ’ under the Director of Recreation and Community Services signature. Carried. 1317 Page of Page 17 of 237 6a) Minutes of Council meeting held on December 5, 2012.... Council Meeting Minutes December 5, 2012. c) Correspondence dated November 23, 2012 from Roy Maddox, Sno Voyageurs Snowmobile Club re: Request to Renew Ontario Federation of Snowmobile Clubs Memorandum of Understanding for a Two Year Term (2012/2013 and 2013/2014). Motion No. C121205-22 Moved by Coutanche, Seconded by Meyer Be it resolved 1. That the correspondence dated November 23, 2012, from Roy Maddox, President, Sno Voyageurs Snowmobile Club, re: Memorandum of Understanding with the Ontario Federation of Snowmobile Clubs be received. 2. That Council give consideration to the execution of a two year agreement with the Sno Voyageurs Snowmobile Club, with an amendment to the Memorandum of Understanding, to include an annual inclusive contribution of $500.00 to the Transportation Reserve Fund or the value of work "in-kind", with the following municipal road allowances and Rail Trail: - North side of Cassell Drive from County Road 93 to Line 2 Nort - Line 2 North from Cassell Drive to the Highway 400 corridor. - Line 4 North from Highway 400 to Ingram Road. - South side of Ingram Road from Line 4 North to Line 5 North. - Rail Trail from Line 5 South to Thunderbridge at Ridge Road West. - Line 1 North from 1/4 way from Old Barrie Road West to 30/31 Sideroad West - 30/31 Sideroad West for 2000 feet - Line 1 North 2000 feet from 30/31 Sideroad West - Line 2 North from South of Bass Lake Sideroad West to past Bidwell Road - Line 3 North from north of Highland Drive, south on Line 3 North for 3000 feet - Line 3 North from 3000 feet south of Bass Lake Sideroad West to Bass Lake Sideroad West - Bass Lake Sideroad West, easterly from Line 3 North to Line 5 North to join Orillia trail. 3. That the Sno Voyageurs Club be notified that the Township does not have jurisdiction over: - Old Barrie Road West from County Road 93 - 3/4 way to 1 Line N - Horseshoe Valley Road West from Line 1 North to Craighurst County Road 93. ’ 4. That the appropriate by-law be brought forward for Councils consideration. ’ 5. And Further that the Sno Voyageurs Snowmobile Club be notified of Councils ’ decision under the Director of Recreation and Community Services signature. Carried. 1417 Page of Page 18 of 237 6a) Minutes of Council meeting held on December 5, 2012.... Council Meeting Minutes December 5, 2012. d) Correspondence dated November 13, 2012 from Don Morgan, Chair Springwater Provincial Park. Motion No. C121205-23 Moved by Meyer, Seconded by Coutanche Be it resolved that the correspondence dated November 13, 2012 f AWARE Simcoe re: Springwater Provincial Park be received. Carried. 14.NOTICE OF MOTIONS: None. 15.BY-LAWS: a) By-Law No. 2012-207: Being a By-law to Authorize the Executio Fire Dispatch Services between the Township of Oro-Medonte and the City of Orillia and to Repeal By-Law No. 2009-175. b) By-Law No. 2012-208: Being a By-law to Authorize the Executio between the Township of Oro-Medonte and the City of Orillia for the Provision of 9-1-1 Central Emergency Reporting Bureau (CERB) Services and to Repeal 2009-176. c) By-Law No. 2012-209: A By-law to Appoint an Acting Chief Administrative Officer And to Repeal By-law No. 2009-060. Motion No. C121205-24 Moved by Evans, Seconded by Crawford Be it resolved that By-Laws: a) By-Law No. 2012-207: Being a By-law to Authorize the Executi Fire Dispatch Services between the Township of Oro-Medonte and the City of Orillia and to Repeal By-Law No. 2009-175. b) By-Law No. 2012-208: Being a By-law to Authorize the Executi between the Township of Oro-Medonte and the City of Orillia for the Provision of 9-1-1 c) By-Law No. 2012-209: A By-law to Appoint an Acting Chief Administrative Officer And to Repeal By-law No. 2009-060 be read a first, second and third time, passed, be engrossed by sealed by the Mayor. Carried. 1517 Page of Page 19 of 237 6a) Minutes of Council meeting held on December 5, 2012.... Council Meeting Minutes December 5, 2012. 16.QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM: Motion No. C121205-25 Moved by Lancaster, Seconded by Crawford 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 12:50 p.m. and reconvened at 1:24 p.m. 17.CLOSED SESSION ITEMS (UNFINISHED ITEMS): a) Motion to go In Closed Session. Motion No. C121205-26 Moved by Lancaster, Seconded by Meyer Be it resolved that we do now go in Closed Session at 1:24 p.m. to discuss personal matters about an identifiable individual; acquisition/disposition of land; Carried. b) Motion to Rise and Report. Motion No. C121205-27 Moved by Evans, Seconded by Meyer Be it resolved that we do now Rise at 2:35 p.m. and Report on the Closed Session Items 4: e) Shawn Binns, Director of Recreation and Community Services, re: Acquisition / disposition of land (Parkland Acquisition). f) Councillor Crawford re: Personal matters about an identifiable individual (Lake Simcoe Regional Airport Representation). g) Andria Leigh, Director of Development Services re: Personal matters about an identifiable individual (Development Services). Carried. Refer to Items 4e), f) and g). 1617 Page of Page 20 of 237 6a) Minutes of Council meeting held on December 5, 2012.... Council Meeting Minutes December 5, 2012. 18.CONFIRMATION BY-LAW: a) By-Law No. 2012-203: Being a By-Law to Confirm the Proceedings of the Council Meeting held on Wednesday, December 5, 2012. Motion No. C121205-28 Moved by Coutanche, Seconded by Meyer Be it resolved that By-Law No. 2012-203: being a by-law to confirm the proceedings of the Council meeting held on Wednesday, December 5, 2012 be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. 19.ADJOURNMENT: a) Motion to Adjourn. Motion No. C121205-29 Moved by Crawford, Seconded by Evans Be it resolved that we do now adjourn at 2:38 p.m. Carried. ____________________________ ____________________________ Mayor, H.S. Hughes Clerk, J. Douglas Irwin 1717 Page of Page 21 of 237 7a) Vanessa Cooper, Successful Completion of Certificate... Page 22 of 237 10a) Report No. CSI 201206, Donna Hewitt, Director of C... Page 23 of 237 10a) Report No. CSI 201206, Donna Hewitt, Director of C... Page 24 of 237 10a) Report No. CSI 201206, Donna Hewitt, Director of C... Page 25 of 237 10a) Report No. CSI 201206, Donna Hewitt, Director of C... 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Page 104 of 237 10g) Report No. DS201259, Andria Leigh, Director of Dev... Page 105 of 237 10g) Report No. DS201259, Andria Leigh, Director of Dev... Page 106 of 237 10h) Report No. DS201260, Andria Leigh, Director of Dev... Page 107 of 237 10h) Report No. DS201260, Andria Leigh, Director of Dev... Page 108 of 237 10h) Report No. DS201260, Andria Leigh, Director of Dev... Page 109 of 237 10h) Report No. DS201260, Andria Leigh, Director of Dev... Page 110 of 237 11a) Councillor Coutanche, re: Lake Simcoe Region Conser... Announcements: a)Towards Water Sensitive Urban Design in an Ontario Catchment CAO Gayle Wood introduced David Lembcke to the Board. David Monitoring, recently represented the LSRCA at the International River symposium in Australia, where he gave a presentation on storm water management and how it will need to evolve and adapt to facilitate growth. b)Tracking the Effectiveness of Lanthanum-Saturated Bentonite Clay as a Management Strategy for Increased Nutrients in Aquatic Systems: An Applied Paleolimnological Appro CAO Gayle Wood introduced Melissa Moos to the Board. Melissa-Doctorate Fellow, recently represented the LSRCA in Scotland at a paleoinology symposium, where she gave her presentation, entitled Tracking the Effectiveness of Lanthanum-Saturated Bentonite Clay as a Management Strategy for Increased Melissa is studying the history of water, as well as the long-term effects of Phoslock. Chair Hackson congratulated both David and Melissa on being chos at the international level and thanked them for their hard work and dedication to pre Presentations: a)Uxbridge Watershed Advisory Committee Video by Thomas Fowle Michael Walters, General Manager, Watershed Management, introduced Mr. Thomas Fowle of the Uxbridge Watershed Advisory Committee (UWAC). Mr. Fowle thanked the LSRCA for its ongoing technical, moral, and financial support. Mr. Fowle then , showcasing the work of the UWAC. The video can be viewed at http://www.youtube.com/watch?v=id0IN7GacYM. Chair Hackson thanked Mr. Fowle for bringing this interesting video to the meeting. The Board of Directors requested a copy of the video be sent to them. b)Business Excellence Awards Video CAO Gayle Wood showed a brief video on LSRCA that was prepared f Business Excellence Awards. c)Preliminary Budget Update Presentation Jocelyn Lee, General Manager, Corporate and Financial Services, Development, outlining some of the changes, primary cost drivers, and exter. This presentation was included in the following link: LSRCA Board Meetings. d)Greening New Communities, 2013 Pilot Program Mike Walters, General Manager, Watershed Management, provided a presentation on Greening New Communities, a 2013 Pilot Program to Promote Sustainable Building Practices in the Lake SiThis presentation LSRCA Board Meetings. Lake Simcoe Region Conservation Authority, 120 Bayview Parkway, Newmarket, ON, L3Y 4X1 E-mail: info@lsrca.on.ca Web site: www.lsrca.on.ca Page 111 of 237 11a) Councillor Coutanche, re: Lake Simcoe Region Conser... LSRCA Board of Directors Meeting Highlights November 23, 2012 Page 2 of 2 Staff Reports: Budget Status Report The Board received Staff Report No. 67-12-BOD, which provided a summary of revenues and expenditures for tten month period ending October 31, 2012. The budget continues to be in line with expectations year-to-date. Conservation Ontario Whitepaper - Watershed Management Futures for Ontario The Board received and approved Staff Report No. 68-12-BOD prepared by CAO Gayle Wood regarding Conservation Ontario Whiteaff to For more information on the Whitepaper, please click on the follReports -Resources. 2013 Greening New Communities Pilot Program The Board received Staff Report No. 69-12-BOD, which was prepared by Mike Walters, GM, Watershed Management, in conjunction with his presentation on the same topic, the 2013 Greening New . Updated Set Fines for Section 29 Offences under Schedule 2 of th The Board received Staff Report No. 70-12-BOD regarding recently updated set fines for Section 29 offences under Schedule 2 of the Provincial Offences Act. Brian Kemp, General Manager, Conservation Lands, prepared this Staff Report in order to advise the Board of the updated set fines. Proposed Draw on Vehicle Reserve or Use of Surplus The Board received and approved Staff Report No. 71-12-BOD, which was prepared by Brian Kemp, GM, Conservation Lands, regarding a Proposed Draw on Vehicle Reserve or Use of Surplus for the purchase of a fleet vehicle in 2012. Oak Ridges Moraine Foundation The Board received and approved Staff Report No. 72-12-BOD, prepared by CAO Gayle Wood, regarding the Oak Ridges Moraine Foundation (ORMF). In an effort to reduce operating costs so that the ORMF Ridges Moraine, LSRCA has offered to provide office space and of Board approved this arrangement and instructed staff to develop a partnership agreement with ORMF for servi Other Business: Board Meetings Next Meeting: December 14, 2012 will be held in the LSRCA offices in Newmarket. LSRCA Annual General Meeting scheduled for Friday, January 25, 2013 and will take place at the Holiday Inn Express, 100 Pony Drive, Newmarket beginning @ 9:00 a.m. th Lake Simcoe Conservation Foundation 25 Annual George R. Richardson Conservation Dinner th The Lake Simcoe Conservation Annual George R. Richardson Conservation Dinner will be held on th Wednesday, June 5, 2013 at the Manor at Carrying Place Golf and Country Club. Lake Simcoe Region Conservation Authority, 120 Bayview Parkway, Newmarket, ON, L3Y 4X1 E-mail: info@lsrca.on.ca Web site: www.lsrca.on.ca Page 112 of 237 11a) Councillor Coutanche, re: Lake Simcoe Region Conser... October 3, 2012 This whitepaper, entitled Watershed Management Futures for Ontario has 1 been developed by Conservation Ontario to stimulate a discussion between Conservation Authorities (CAs) and the Province on options for watershed management partnership. It responds to issues and concerns The physical jurisdiction of the that have been raised by partners, including municipalities and 36 Conservation Authorities is limited to approximately ten non-government organizations (NGOs), the development industry, percent of Ontarios vast landowners, and CAs themselves. geography, yet more than 90% The call for greater government efficiency and effectiveness from the of Ontarios population - roughly 12 million people lives in this Commission on the Reform of Ontarios Public Services (2012) is spurring a area. modernization and transformational change across the Ontario provincial In addition to the rapidly government. Against this backdrop the fiscal imperative that is growing population, this area modernization and transformation agenda presents a prime opportu contains most of Ontarios those working in the environmental sector to leverage resources agricultural lands (close to 35 streamline operations in order to meet growing environmental challenges percent of land area), supporting one of the province's leading within a more constrained economic model. industries, contributing more Given our daily reliance on natural resources in Ontario, it is than $33 billion to the economy every year. The importance of resilient local watersheds in order to ensure healthy people and agriculture coupled with the economy. rapid rate of urban development creates significant pressures on Ontarios environment, and seriously challenges the health and security of our future water and land resources critical to the environment, economy and, most important, the health of Ontarios residents. 1 Conservation Ontario represents Ontarios 36 Conservation Author . natural resource management programs to protect water and other Page 63 of 111 Page 113 of 237 11a) Councillor Coutanche, re: Lake Simcoe Region Conser... It is within this context that a meaningful discussion needs to ta relationship between Conservation Authorities and the Provinces Resources and Environment. These discussions should include the role and mandate of both th Authorities to address issues that currently create barriers to approach to watershed management in Ontario. It is recognized that such a sweeping review of watershed manage the Conservation Authority model itself, the refinement of which Conservation Authorities are already pursuing internal discussions on ways to address current deficiencies to provide a more consistent level of service. (SeeAppendix A: Contemporary Conservation Authority Watershed Management Programs) Building from current successes such as the source protection prGreat Lakes initiatives, as well as flood and erosion control, this discussion must address Province and Conservation Authorities in order to more effective Ontarios local watersheds. Ontarios 36 Conservation Authorities have produced this whitepa acknowledges the increasing demands of urban growth and to begin of a changing climate. Provincially and federally, there is a complex maze of legislati and always accompanied by administrative structures and processe independent. This scenario is costly, inefficient and not alway outcomes. Trends in government over time have been to address e drinking water protection, for example) with new legislation, th which is frequently cited as a barrier to economic activity, and an undue imposit interests. As front-line service delivery organizations, Conservation Authorities fr themselves at the nexus of the necessary interaction of the publernment, and are often seen as part of the problem. Canada Water Act Ontario Water Resources Act Municipal Act Canadian Environmental Protection Act Environmental Assessment Act Public Utilities Act Environmental Contaminants Act Environmental Protection Act Drainage Act International River Improvement Act Conservation Authorities Act Nutrient Management International Boundary Waters Treaty Act Lakes and Rivers Improvement Act Act Fisheries Act Lake Simcoe Protection Act Pesticides Act Navigable Waters Protection Act Beds of Navigable Waters Act Public Lands Act Aggregate Resources Act Safe Drinking Water Act Clean Water Act Planning Act Water Opportunities Act Page 64 of 111 Page 114 of 237 11a) Councillor Coutanche, re: Lake Simcoe Region Conser... The Province has documented these conditions in many policy papers an a more comprehensive approach to deal with these complex problem actions that could be taken on their own, or in partnership. Tw climate change adaptation plan and strategy, and more recently t Great Lakes Act and Strategy: Climate Ready: Ontarios Adaptation Plan and Strategy 2011 2014, recognized the impacts of climate change, particularly with regard to temperatures and ext highlighted areas of special concern: human health, infrastructu agriculture, forestry, wildlife and biodiversity, water resources, and tourism and recreation. Arou a vision that strives to minimize risks to health and safety, the environment and the eco the report developed five goals with 37 specific actions. Great Lakes Protection Act and Ontarios Draft Great Lakes Strategy (2012), suggests that the current problems around the Great Lakes are overwhelming some of addressing environmental pressures. According to this report, th 2 pressures are hurting the Great Lakes ability to naturally adap. The 3 report warns that the Great Lakes are at a tipping point of irr. Similar to the Climate Ready report, the Great Lakes Strategy addresses a broad 6 goals and over 100 actions. As Ontarios environmental problems become more complex, there a them. The Drummond Report recognized a shifting economy with a m therefore calling for significant transformation within the provincial govern two objectives: decrease/eliminate the deficit over the next few spends in order to spend less more strategically. Mr. Drummond himself pointed out that action must 4 begin very soon. The Drummond Report suggests that a new paradigm needs to b 5 among the various agencies working in Ontarios environmental ma. Conservation Authorities have long advocated for reforms to this integrated approach which looks at the watershed as a system invpeople, and the economy as elements that need to be taken into account in developing solutions. An integrated watershed approach offers a unique opportunity for the province to leverage local expertise and resources. (see An Integrated Approach for Ontarios Watersheds, pg 4) With limited strategic investments and changes to the way Conservation Authorities themselves operate, there a new relationship to be developed based on the solid successes Province. Maintaining the status quo and continuing on the current path will result in expensive and serious consequences. The current environment offers opportunities. It 2 Ontarios Draft Great Lakes Strategy, pg 6 3 IBID, pg 5 4 Commission on the Reform of Ontarios Public Services - Public Services for Ontarians: A Path to Sustainability and Excellence, pg vii 5 IBID, pg 335 Page 65 of 111 Page 115 of 237 11a) Councillor Coutanche, re: Lake Simcoe Region Conser... strategically and to consider the range of possibilities that co that leverage resources and expertise. While the management of Ontarios watersheds involves a very wid of participants, this whitepaper specifically addresses what Con Integrated Watershed Management (IWM), or Integrated Authorities can provide to the Province in response to the increasingly Water Resources Management, is complex problems that threaten Ontarios natural resources. the process of managing human There is a lot of good work going on in Ontario that protects wa activities and natural resources on a watershed basis taking into and wildlife; reduces climate change impacts; and promotes aware account social, economic and about the issues with Ontario residents. What Conservation Authorities environmental issues, as well as bring to the table is their demonstrated ability to leverage loc community interests in order to management expertise and knowledge, resources, and support across the manage water resources sustainably. province. The Conservation Authorities work in watershed scienc monitoring, and reporting is critical to informing strategic local and It is an evolving and continuous process through which decisions provincial decision-making. are made for the sustainable use, Internationally and within Canada, many jurisdictions have ident development, restoration and protection of ecosystem features, integrated watershed management (IWM) approach as the most effic functions and linkages. IWM allows and effective way to manage issues around water and related resources. us to address multiple issues and Conservation Authorities believe an integrated watershed managem objectives; and enables us to plan framework provides an effective frame of reference for integrati within a very complex and uncertain environment. This provincial and federal policy and science into local decision-making to approach allows us to protect ensure that natural resources and water in particular, are susta important water resources, while environmental, economic, and social uses in our watersheds. Conservation at the same time addressing Authorities already have multiple business relationships with se critical issues such as the current ministries that with better coordination could lead Ontario toward an and future impacts of rapid growth and climate change. effective IWM approach. Integrated watershed management is increasingly being adopted in Canadian and international jurisdictions as a fundamental principle for Ministry of Natural Resources managing water resources. The Canadian Council of Ministers of The Ministry of Natural Resources is an important and long-standing the Environment (CCME) partner of Conservation Authorities. MNRs ongoing transformation incorporated IWM into Strategic process, coupled with the continued reductions in Conservation A Directions for Water and many provinces are incorporating IWM transfer payments, provide a basis for discussions with the MNR in their water management Minister/senior management regarding future roles, relationships strategies. opportunities. Potential topics of discussion include: Page 66 of 111 Page 116 of 237 11a) Councillor Coutanche, re: Lake Simcoe Region Conser... MNR restructuring of field operations that impact Conservation Authority business areas such as stewardship, natural heritage, etc. and the need for operational, science-based delivery of provincial policies and science. Implementation of hazard management responsibilities; should they be cost-shared or the sole responsibility of the municipal partners augmented by potential infrastructure, or in specific flood damage reduction programs. Support for a Conservation Authority role in implementation of Climate Ready action items related to CA business such as the Low Water Response Program. MNR governance and accountability role under the Conservation Authorities Act given the shift of responsibility for Conservation Authority watershed managemen side of the partnership. Ministry of Environment The Conservation Ontario/MOE relationship has changed significantly over the last decade as a result of the Ontario Drinking Water Source Protection Program; Conservati business arrangements with the Ministry of the Environment. The protection program from planning to implementation, as well as the potent Conservation Authorities in the draft Great Lakes Strategy, make dialogue with the Ministry of the Environment on our collective discussion and are alluded to in the draft Great Lakes Strategy The transition of the Source Protection Program to implementation will shift the role of Conservation Authorities from plan development to support for pl Anticipating funding from MOE for plan implementation, the trans protection moves from being a special project to part of ongoing This will require a restructuring of the MOE /CA relationship. The proposed Great Lakes Protection Act and draft Great Lakes Strategy, which MOE leads, signal a potentially significant role for Conservation Authorities in i programs. This will require the development of a new business relationship with MOE and potentially also the Ministry of Natural Resources, depending on Ministry. Conservation Authorities and MOE have a long term relationship w Environmental Monitoring and Reporting Branch (EMRB) to implement the Provincial Water Quality Monitoring Network. This relationship has expanded in r Groundwater Monitoring Network , the Ontario Benthos Biomonitori recently, climate change monitoring. Conservation Ontario has also led a with EMRB to undertake provincial scale analysis and improve acc collectively these CA/MOE partnerships now form the core of wateg in Ontario. Climate Ready: Ontarios Adaptation and Action Strategy, the Provinces climate change adaptation strategy, which is being led by MOE, contains a numbe Conservation Authority businesses and the CA/MOE relationship. Page 67 of 111 Page 117 of 237 11a) Councillor Coutanche, re: Lake Simcoe Region Conser... Other Ministries In addition to MNR and MOE, Conservation Authorities have inform ministries. These could be expanded and formalized. For example, the Ministry of Municipal Affairs and Housing leads planning and development in Ontario through the Provincial Policy Statement, Planning Act, and provi Moraine); while the Ministry of Infrastructure has leadership around infrastructure planning and regional Growth Plans. The role of Conservation Authorities in translating provincial policy direction into science-based information to support informed local municipal decision-making is a valued responsibility that needs ongoing recognition and support. The relationship between the Ministry of Agriculture, Food and Rural Affairs and Conservation Authorities has been focused primarily on collaborating with various agencies to provide technical services, knowledge transfer and financial support to local agri for agricultural environmental stewardship. This relationship is particularly eviin watersheds where agriculture is a primary land use. Conservation Authorities acknowledge that there are issues with CA model that need to be addressed in order to improve watershed management. The Conserva their own discussions to address CA-specific issues and explore ways to improve their own effectiven through program improvements, streamlining operations, and bette These discussions need to expand to include the provincial gover complexity of the various relationships. Issues Impacting Conservation Authority Effectiveness There are a number of issues relating to the roles of Conservati the Province which impact CA effectiveness to move forward: 6 Broad legislative mandate under Section 20 of the Conservation Authorities Act leads to questions of legitimacy raised by some individuals / businesses whose int (eg landowners, developers, municipalities) Declining provincial support for financial priorities Inconsistent provincial policy support and interpretation Variability in Conservation Authority capacity often correlating 6 Section 20 of the Conservation Authority Act states, The objects of an authority are to establish and undert in the area over which it has jurisdiction, a program designed t development and management of natural resources other than gas, oil, coal and C.27, s. 20) Page 68 of 111 Page 118 of 237 11a) Councillor Coutanche, re: Lake Simcoe Region Conser... Broad Legislative Mandate The role of Conservation Authorities and their relationship to v partners including member municipalities and the provincial gove derives primarily from their enabling legislation, the Conservation The Conservation Authorities Authorities Act of Ontario. This legislation provides a broad mandate and program has been a success story suite of powers which empowers Conservation Authorities to large by any number of measures, and define their own programs, set priorities in collaboration with yet there has been a history of municipalities, government ministries and departments, organizations controversy and concern that continues to this day. and individuals, and enter into partnerships. It is important to recognize that Conservation Authorities have multiple business relationshi It is possible to ascribe much of this concern to power sharing the multiple ministries, agencies, municipalities and others, depend degree to which a Conservation circumstances, needs, shared goals and opportunities. Authoritys power and influence is seen to impact the interests of In addition to the Conservation Authorities Act, other provincial legislation stakeholders, including its member can directly affect Conservation Authority activity including th municipalities; developers and Act, the Clean Water Act, the Municipal Act, and the Environment landowners; and Assessment Act. environmentalists; and the scope of their mandate as prescribed The broad mandate of Conservation Authorities, coupled with the under Section 20 of the complex array of provincial and federal statutes and correspondi Conservation Authorities Act. Ministries, departments and agencies, has not been well understo The impacts are manifested in a many players and, in fact, has given rise to criticism that Cons number of ways, from the power to Authorities operate outside of or beyond their scope and mandate. levy the member municipalities to pay for programs and services; Conservation Authorities Operating in Ontario Today, pg 8) These to the Conservation Authority role perceptions need to be addressed going forward to enhance the in the land use planning and legitimacy of the Conservation Authorities and to provide clear lines of development process, (largely a responsibility and clear lines of accountability. The Ministry municipal sphere); to the Development, Interference and Resources (May 2010) Policies and Procedures for Conservation Authority Alteration regulation; to their Roles and Responsibilities for Plan Review and Permitting which was limited ability to expropriate land developed through a multi-stakeholder and multi-ministry process is a for the construction of public works good start. such as dams, dykes and channels. While Conservation Authority Declining provincial funding for provincial priorities programs and projects are undertaken for the public good The original vision of the Legislature in passing the Conservation the extent to which other interests Authorities Act was one of a shared provincial/municipal responsibility for are perceived to be impacted managing natural resources on a watershed basis. This partners negatively gives rise to arguments of too much power and lack of undergone many changes over time and to some extent simply refle accountability. changing philosophy of government in terms of its role in societ relationship to other levels of government. In the 1990s Ontario and its municipalities underwent a very th that attempted to rationalize roles and responsibilities while i of government by improving the link between taxation and program responsibility. For example, the province would fund major social programs including health care Page 69 of 111 Page 119 of 237 11a) Councillor Coutanche, re: Lake Simcoe Region Conser... deep) tax base while municipalities would fund more place-based services such as roads, sewers and water through the property tax system or other appropriate rates. Within this context, what had been significant provincial transf Authorities in the early 1990s, often exceeding the municipal she point that municipalities contribute three or four times as much as the rem provincially mandated programs such as flood hazard management. Figure 1: Provincial, Municipal and Self Generated Revenue for Cthorities 1990 2010 $350 $300 Self Generated $250 Municipal $200 $150 Source Water Protection $100 MNR Operations & $50 Capital $0 1992199419961998200020022004200620082010 Estimates have been used. The funding inequity for Conservation Authority programs is an i-municipal relations, and in some cases, particularly where population and the local property financial hardship and variability in Conservation Authority capacity. Inconsistent provincial policy support and interpretation Also contributing to the confusion around Conservation Authoriti of provincial policy in relation to Conservation Authority business. To some extent, the Province has attempted to grapple with this planning process and the Planning Act. In this model, responsib creation of official plans to zoning bylaws to approval of devel (appropriately) at the municipal level. The Provincial Policy S hazards, natural heritage and the appropriate range of housing tMunicipalities are given significant authority under the Planning Act, subject to t Page 70 of 111 Page 120 of 237 11a) Councillor Coutanche, re: Lake Simcoe Region Conser... consistent with matters of provincial interest. In some cases, s very mature and robust policy in place with supportive technical guidelines and the respo been delegated to the local Conservation Authority to represent In other cases, such as natural heritage systems, the policy is and limited provincial guidance has only become available recent have often been invited to fill the gap by their local municipal Authority has the capacity and expertise. As part of its overall watershed plan, some Conservat Authorities have identified the linkages between the natural her resources, and so on. In these cases, the Conservation Authorit to market a natural heritage system to the municipalities which they are fre through their Official Plan amendment process. It is this interface between natural heritage systems planning ame municipalities, the development industry, and the provincial gov of the Conservation Authority role, questioning their legitimacy Notwithstanding a lengthy multi-stakeholder discussion and policy development exercise around th issue [i.e. Policies and Procedures for Conservation Authority Roles and Res and Permitting (Ministry of Natural Resources, May 2010)], the controversy remaus solution from a Conservation Authority perspective is to obtain Province for Natural Heritage implementation under the Planning Act. Variability in Conservation Authority capacity Conservation Authorities have been criticized for not being able across all watersheds. While many Conservation Authorities opera technical, scientific and administrative expertise, there are some which are not able to do so due to a limited local tax base. It has to be acknowledged that the loca all Authorities and that this problem is not resolvable locally.nequities among the per capita levies across the Conservation Authorities. Page 71 of 111 Page 121 of 237 11a) Councillor Coutanche, re: Lake Simcoe Region Conser... Figure 2: Per Capital Levy Across All 36 Conservation Authorities $40 $35 $30 $25 $20 Average $11.17 $15 $10 $5 $0 36 Conservation Authorities In reality, there is some merit to the capacity argument, althou Conservation Authorities, themselves, have recognized this in the 7 Plan. In the past, one proposed solution has been amalgamation. Whi some circumstances, there are other approaches that can ensure the necessary skills and capacity are available, while avoiding the creation of geographic units that For example, the Ontario Drinking Water Source Protection Progra clustering of Conservation Authorities to create Source Protecti- thereby achieving an economy of scale, necessary technical and professional skills an governance frameworks at the local Conservation Authority. The issues described above have been identified by Conservation Authorities from their pers while the list may not be complete, these issues are considered to be addressed. Ultimately, the discussion must incorporate the following five are interrelated: 1.Confirmation of a Conservation Authority mandate 2.Enhancements of CA-Ministry relationships 3.Revamped CA Governance Model 4.Development of a sustainable funding formula Improved Accountability Framework 7 The Road Ahead: Sharing Conservation Authority Strengths. Strate 2015, Conservation Ontario (www.conservationontario.ca) Page 72 of 111 Page 122 of 237 11a) Councillor Coutanche, re: Lake Simcoe Region Conser... As discussed earlier in this whitepaper, the Conservation Author-standing debate, viewed either through the lens of provincial direction (section 28 regulations, PPS natura hazards) or with a broader interpretation of Section 20 of the Conservation Authority Act. Closely tied to the mandate are arguments about overlap and duplication. The iseces of legislation impacting water and related resources has been identified, and t confusion as to who is responsible for what. It is fair to observe that Conservation Authorities have often wrams into areas of emerging need, or to fill a gap created by withdrawal b the field presence of the Ministry of Natural Resources has, to Conservation Authority programs. It can be argued that more loca beneficial outcome; others may argue its provincial download. C position that an integrated approach to watershed management is and effective, it is more equitable in that there is an opportunity for local s However, progress toward this paradigm will not be significant u value of IWM and commits to the necessary discussions that will out of a confirmation of a watershed management entity mandate w relationship with the key Ministries in the watershed management Taking a more integrated approach to watershed management is dep the various agencies with water management responsibilities. Giv complexity of the CA-provincial relationships and the need to enhance these relations, Conservation Ontario proposes a series of bilateral discussions with the releto take place within an overall framework of a multi-Ministry/stakeholder steering committee. Renewed Conservation Authority-MNR Relationship The Ministry of Natural Resources has been responsible for admin Act for the past forty years. The Minister is accountable to thLegislature for the Conservation Authorities program, yet the devolution of the partnership toward leaves the Minister with inadequate tools to meet his or her res Conservation Authorities operate as autonomous, corporate entities, governed by their own Boards within a provincial policy framework, must be reconciled within an appropriate legislative, policy and governance framework. Conservation Authorities have historically operated programs thative of those provided through the Ministries own operating entities. O. However an important question remains around the implementation of Natural Heritage. Conservation Authorities believe that the Province needs to retain a strong science and policy role regarding Natural Heritage, and acknowledge the need for a local watershed-based implementation mechanism that can support municipal responsibilities under the Planning Act and th Page 73 of 111 Page 123 of 237 11a) Councillor Coutanche, re: Lake Simcoe Region Conser... Formalize CA-MOE relationship The current CA-MOE relationships have evolved on an ad hoc basis and are manage branches of the Ministry of Environment, usually by annual memor is administratively inefficient and given the complexity and apparent longevity of the CA/MOE relationship it would seem reasonable to discuss with MOE the po the overall MOE/CA relationship. Explore opportunities with other ministries Conservation Authorities have had a successful history of collaboration with a number of other Ministries, including OMAFRA and the agricultural sector to implement initiatives that supporting science and that undertake Agricultural environmentalel. Management of these partnerships has been through various ad hoc agreements with OMAFRA and others. As OMAFRA develops priorities for research and BMP impl (eg. Great Lakes Initiatives, nutrient management), as well as transfers of the knowledge from these watersheds to others in the province, it would seem strategicall to discuss the role of Conservation Authorities in supporting associated objectives. Other important relationships with Ministries including Municipal Affairs and Housing, Northern Development and Mines, Infrastructure, Education and Tourism nee opportunities for further discussion. Governance can simply be defined as the framework in which decis Conservation Authorities Act, municipalities appoint Conservation Authority members. It is note that board members are appointed by the municipalities in a collective policies. For example, some municipalities appoint c council. The result is that, currently, approximately two-thirds of Authority Board members (province- wide) are concurrently elected to municipal council, although in some instances, this proportion is 100%. The case for appointing elected members relates to perceptions o elected members will tend to reflect the will of their appointin citizen appointees. The principal of fiduciary responsibility w should vote in accordance with the best interests of the watersh Some members of the environmental non-governmental organization community believe that a Conservation Authority Board comprised of municipal councilors w a citizen board will have a more environment-friendly position. There is also merit to the argument that the Conservation Authority would function with greater balance i municipalities were represented at their Boards. However, as lo share of financing for the program, and Conservation Authority Bo levy, it is unlikely that the power of appointment would be willingly relinq Page 74 of 111 Page 124 of 237 11a) Councillor Coutanche, re: Lake Simcoe Region Conser... Some discussion on the current financial model has already been arguable that Conservation Authorities provide mainly place-based services such as flood control that are reasonably born on the property tax base. It is also a reality that local commensurate with need, and that a mechanism must exist to creat consider retaining or designing a cost-sharing formula that takes local ability to pay into account, and this should be permanent rather than project-based. In addition, the Province and municipalities must incorporate Conservation Authority infrastructure into the pool at least develop mechanisms whereby the flood and erosion infrastructure needs appropriate asset management framework. It should also be recognized that Conservation Authorities have -tax base revenues including user fees and charitable foundations. In fac Conservation Authority programs is self -generated, comparable to the municipal levy but less than total municipal funding. This greatly enhances the value of the Conse its ability to leverage revenues from all levels of government. Governance, finance, mandate, and accountability are all closely integrated fashion. The current accountability framework for Co criticized as inadequate from some stakeholders and interests. oversight or control; while others would lobby for greater stake. As previously stated, the Minister of Natural Resources carries Conservation Authorities Act and everything that occurs as a result of it, but he or she has the Conservation Authority Board to account. Prior to the reduction in transfer payments in the 1990s, the Minister had considerable leverage through the financial and present time, the Conservation Authority is required to seek the for a relatively minor set of needs. The Conservation Authority is required to conduct an annual fina Accounting Board rules, and report to the Minister. It is also Act and a number of other statutes which compel it to conduct th responsible fashion. Implementation of an integrated watershed the establishment of a decision making process that gives the various partners and stakeholders an appropriate voice in future watershed management decisions. Refi accountability framework to be consistent with this process woul concerns. Page 75 of 111 Page 125 of 237 11a) Councillor Coutanche, re: Lake Simcoe Region Conser... This paper identifies a number of specific challenges with the e and governance framework in Ontario. These challenges are curren ability to effectively and efficiently manage its water and other natural resources for environmental, economic, and social benefits. The current fiscal reality further exacerbates these challenges. That said, the transformational agenda that is currently underway presents watershed management framework. Conservation Authorities have identified an integrated watershed management approach as the most efficient and effective way to manage issues around water and re stakeholders with timely and meaningful opportunities to participate in decision making processes that will ultimately affect their quality of life. The watershed man frame of reference for integration of provincial and federal policy and science into local decision-making ensuring that natural resources and water, in particular, is sustainable for all economic, social, and environmental uses in our watersheds and managed to avoid future It is within this context that meaningful discussion must occur (Province, municipalities, non-governmental organizations, and the Conservation Authorities) in move forward. These discussions must include the role and mandat Conservation Authorities in order to address issues that create barriers to a to watershed management. Conservation Ontario recognizes that a management in Ontario will include the refinement of the Conserv The Province must accept a leadership role in establishing this commit to implement a sustainable, responsive, and effective wat benefit of all Ontarians. Nottawasaga River Page 76 of 111 Page 126 of 237 11a) Councillor Coutanche, re: Lake Simcoe Region Conser... It is no accident that a very comprehensive history of the Conse in 1972 by Dr. AH Richardson, one of the founders of the Conser Conservation by the People. The Conservation Authorities Act, passed by the Ontario Legislature in 1946, was a bold, forward looking piece of legislation that was founde jurisdiction based on the watershed, a fundamental unit for mana cost-sharing, reflecting a partnership between the province of Ontari Conservation Authoritys jurisdiction; and local initiative, a program that was locally designed to respon determined to be priorities and for which they were prepared to fund on a cost shared basis. In fact, local municipalities had control over whether or not a that the legislature did not impose Conservation Authorities, ties to form them by majority vote (passed by 2/3 of the municipalities prese In the formative years, dating back to the 1940s, the provincial of watersheds and developed a suite of recommendations under theries of flood control, land use, forestry, and recreation. The resulting Conservation Repo Conservation Authority program until the 1980s when contemporary being. It is interesting to note that the recommendations not only incorporated natural heritage (forestry, wetlands, and conservation of land) but cultural heri Implementing these reports, Conservation Authorities purchased w lands for reforestation, often under agreement with the Department of Lands and Fore predecessor. The development of Conservation Areas to provide p opportunities was undertaken, often in conjunction with large wa justify the major expenditures involving in many cases all three reservoirs and their surrounding lands were designed for multipl flood control, flow augmentation, recreation and wildlife - to maximize the return on public investment. The provincial government amended the Conservation Authorities Act in the 1950s development of facilities to promote public access and use. From a contemporary perspective, Conservation Authorities have acquired some 150,000 ha of lands that provide outdoor recreation opportunities for more that 6 mi Conservation Areas are largely self-sufficient from either user fees or donations or in some cases t work of service clubs and organizations, and fill a niche in the fabric o urbanizing population requires to meet their basic needs. In it The 8 Road Ahead: Sharing Conservation Authority Strengths: Strategic Directions 2011 - 2015, Conservation Ontario has identified the increasingly apparent linkages betwee 8 Conservation Ontarios 2011 2105 Strategic Plan can be found at www.conservationontario.ca Page 77 of 111 Page 127 of 237 11a) Councillor Coutanche, re: Lake Simcoe Region Conser... and healthy greenspace, as key to managing our future health care both social and economic terms. The most recent comprehensive review was undertaken by the Provi in a report entitled, A Review of the Conservation Authorities Program (1987). This report contained a number of recommendations including changes to provincial fundin of Conservation Authorities through amalgamation; and rationaliz address concerns of overlap and duplication with programs deliveario Ministry of Natural Resources and others. Few of the recommendations were implemen and provincial transfer payments were drastically reduced in the late 1990s, making muni greater share of funding for the partnership. Conservation Authorities deliver practical, cost effective progr which enable them to generate and maintain valuable goods and se Watershed Management Planning, implementation, monitoring, reporting Flood & Erosion Control/ Prevention Structures, monitoring & warning systems, maintenance, preventio Conservation Authority flood and erosion control programs includr control structures and regulations preventing development in hazardous a 9 flood damages of more than $100 million annually in Ontario. Water Quality & Quantity Monitoring networks, source protection, watershed reporting, Dams, reservoirs, stormwater, wetlands, septic system approvals Regulatory Responsibilities Regulate development & activities in or adjacent to river or str inland lakes shorelines, watercourses, hazardous lands & wetlan Natural Heritage Protection Sensitive land acquisition & securement, tree planting, official management Watershed Stewardship Rural water quality programs, rehabilitation and restoration proDrinking Water Stewardship Program, woodlot management Technical Support & Land Use Planning Plan input & review, technical advice & studies, community susta reviews, emergency response, engineering and hydrogeologic support, fishery reviews, geotechnical reviews, stormwater / low impact studies, natural heritage syste 9 Protecting People and Property A Business Case for Investing in Flood Prevention and Control Conservation Ontario, August 2009 Page 78 of 111 Page 128 of 237 11a) Councillor Coutanche, re: Lake Simcoe Region Conser... Recreation & Education Outdoor recreation activities, environmental education programs activities, water festivals At a two day workshop in June 2012, the Conservation Authorities continue to address. Conservation Authorities are currently purs Development of a common core competency/capacity (eg. minimum standards, service levels, etc) that all Conservation Authorities agree to meet. This would include not only the core Conservation Authority legislative responsibilities but must also include a csensus of the basic Conservation Authority role envisioned in the IWM concept. A process for all Conservation Authorities to meet those standar formal collaboration within a Conservation Authority grouping or There were a variety of variations on this idea at the workshop but the key is that thes financial arrangements and reasonable permanency. A process to address Conservation Authority governance to give the various non-municipal stakeholders a voice. (eg advisory boards as in the Conservation Authorities Act, the task force approach, etc) Identification of potential external partnerships and a plan to Review and clarification of the role of Conservation Ontario Page 79 of 111 Page 129 of 237 11a) Councillor Coutanche, re: Lake Simcoe Region Conser... Conservation Ontario Whitepaper Communications Strategy November 1, 2012 Purpose This communications strategy provides direction for Conservation Ontario on the distribution and promotion of Conservation Ontari Watershed Management Futures for Ontario. Objectives Share the Whitepaper with: Key provincial ministers Minister Gravelle (MNR); Minister Br McMeekin (OMAFRA) Conservation Authority Board of Directors & Staff Senior staff of key provincial ministries (MOE, MNR, OMAFRA) Ontario Municipalities Leaders of key provincial parties (Liberals, Conservatives, NDP PC and NDP Environmental Critics Environmental Commissioner Ontario (Gord Miller) Association of Municipalities of Ontario Provincial members of the Legislature (MPPs) Partners Provincial and Local levels Others (General Public; local/provincial media) Summary On October 1, 2012 Ontarios 36 Conservation Authorities approve challenges and issues faced by watershed practitioners today and between Conservation Authorities and the Province to explore new ways to improve relationships in order to be able to continue to address the gro and urbanization on Ontarios watersheds. The whitepaper is titl Watershed Management Futures for Ontario. Communication and distribution of the whitepaper is being done j Authorities and the office of Conservation Ontario and started r October. Conservation Ontario sent the whitepaper and letters to and OMAFRA. In addition, communication products were provided to inform their board members and staff, in addition to providing a municipalities. This broader communication strategy picks up from the initial di It suggests a three wave approach: st 1 wave (October 2+) : Immediate distribution to key targets including ministers and MNR, MOE, and OMAFRA; circulation and presentations to CA Boards and Staff; letter/email heads up to local municipalities. Page 80 of 111 Page 130 of 237 11a) Councillor Coutanche, re: Lake Simcoe Region Conser... nd 2 wave (October 29+): Distribution to secondary targets: Leaders of four provincial p (Liberals, PCs, NDP & Green); local MPPs; Environmental Commissi of Municipalities of Ontario. rd 3 wave (November 12 +): Distribution to broader audience including both local and provi partners (e.g. DUCs, Trees Ontario, Federation of Agriculture, G etc.); watershed residents, and media. A series of communication products have been developed for Conse a workplan outlining who does what is included in this communica bulletin is being developed for communication with broader audie include a feedback form for recipients. Although it is expected that Conservation Authorities will distr Conservation Ontarios General Manager, Don Pearson, is availabl presentations. Conservation Authority Collaboration Among Each Other is Very Im Collaboration among neighbouring Conservation Authorities to con shared municipalities and MPPs will be very important to avoid d messages. Feedback from Conservation Authorities to Conservation Ontario Conservation Authorities are asked to provide any general comments received during meetings and correspondence with stakeholders about the whitepaper to Con Pearson or Jane Lewington). Online Communication Products Available to Conservation Authorit Watershed Management Futures for Ontario (2012) Full Report Watershed Management Futures for Ontario Summary Questions & Answers Presentation (General) plus additional background slides on CO Key Messages for Discussions with MPPs, and others Template for letter to municipalities Coming: E-Bulletin and feedback form for use in the third wave broader targets Communication Strategy Additional Information is also available such as examples of CA on Conservation Authorities and programs, copy of the report on 2012. Conservation Ontario will be developing additional fact sheets t Conservation Authority programs and services and will add these to the website as they are available. All communication products are available online in the Conservation Ontarios Council members pages:http://www.conservationontario.ca/members/index.html Username: comember ; Password c184. Page 81 of 111 Page 131 of 237 11a) Councillor Coutanche, re: Lake Simcoe Region Conser... Watershed Management Futures for Ontario Key Messages for the Whitepaper: Ò Whitepaper has been developed. The network of 36 Conservation Authorities What is it? (Conservation Ontario) developed a whitepaper to stimulate a dis Conservation Authorities and the Province on options for a renew management partnership. Purpose of the whitepaper is to initiate dialogue with the Ontario government Why has it been about roles and responsibilities for managing Ontarios watershe developed? relationships between Conservation Authorities and key provincia OntarioÓs economic realities are creating budget restraints at all levels of government and there is a need to streamline operations, share r leverage expertise, and to explore sustainable funding models. Threats such as urbanization and climate change to OntarioÓs wat resources are growing larger and more complex. Ecosystems including forests, water resources, wetlands, plants, soils and animals contribute sustainable economy, healthy environment and good quality of lif residents. Managing the impacts on these resources is critical t water and air, sustainable water supplies, food, fuel, energy an spaces. Policy & governance approaches today create challenges for water managers. The whitepaper identifies a number of specific challenges faced watershed managers within the current policy and governance fram Ontario. These challenges compromise our ability to effectively manage water and other natural resources for important environmental, economic, and societal benefits. Need to have discussion with Province (& ultimately, others) to What is solutions. It is within this context that meaningful discussion must occur it asking for? move forward starting with conversations between Conservation the Province, and ultimately expanding to encompass other stakeh municipalities, agencies, and others who contribute to healthy w and services. The whitepaper outlines five areas for discussion: 1. Confirmation of a Conservation Authority mandate 2. Enhancements of Conservation Authority Provincial Ministry relationships 3. Revamped Conservation Authority governance model 4. Development of a sustainable funding model 5. Improved accountability framework Page 82 of 111 Page 132 of 237 11a) Councillor Coutanche, re: Lake Simcoe Region Conser... Conservation Authorities strongly encourage the Province accept in establishing this dialogue at the earliest possible date. Workplan Conservation Conservation Target & Products Available Authorities Ontario Staff 1st Wave Î Key Targets October 2 + Provincial Ministers : MNR, MOE, OMAFRA Main target / request meeting CA Boards of Directors / CA Staff As requested Presentation available, Q & As Senior Staff of Provincial Ministries Deputy Ministers: Gayle Begg (MOE); David OToole (MNR), John Burke (OMAFRA) Other senior Ministry staff Local Municipalities Letter with Information / heads up Letter template, Q & A provided nd 2 Wave Î Secondary Targets October 29 + Leaders of provincial parties (Liberal, Conservatives, NDP & Green Party) PC and NDP Environmental Critics, Environmental Commissioner Gord Miller Association of Municipalities of Ontario Local MPPS (recommended CAs work together with this target group) FYI and request meeting Presentation, Q & A, Key Messages for Discussions are available for CAs rd 3 Wave Î Broader Targets November 12 + Non Governmental Organizations (eg. DUCs, Trees Ontario, Stewardship Network of Ontario, Ontario Federation of Agriculture, Great Lakes Cities Initiative, etc.) General Public, Provincial Media E-Bulletin/ feedback form CO Website Watershed Partners, Agencies & Residents, Local Media E-bulletin / feedback form CO Website Page 83 of 111 Page 133 of 237 11a) Councillor Coutanche, re: Lake Simcoe Region Conser... Page 84 of 111 Page 134 of 237 11a) Councillor Coutanche, re: Lake Simcoe Region Conser... Page 85 of 111 Page 135 of 237 11a) Councillor Coutanche, re: Lake Simcoe Region Conser... h©zmz zm;7 ,äth©zmz zm;7 ,ät Page 86 of 111 Page 136 of 237 11a) Councillor Coutanche, re: Lake Simcoe Region Conser... Page 137 of 237 11a) Councillor Coutanche, re: Lake Simcoe Region Conser... Page 138 of 237 11a) Councillor Coutanche, re: Lake Simcoe Region Conser... Page 139 of 237 11a) Councillor Coutanche, re: Lake Simcoe Region Conser... Page 140 of 237 11a) Councillor Coutanche, re: Lake Simcoe Region Conser... Page 141 of 237 11a) Councillor Coutanche, re: Lake Simcoe Region Conser... Page 142 of 237 11a) Councillor Coutanche, re: Lake Simcoe Region Conser... Page 143 of 237 11a) Councillor Coutanche, re: Lake Simcoe Region Conser... Page 144 of 237 11a) Councillor Coutanche, re: Lake Simcoe Region Conser... Page 145 of 237 11a) Councillor Coutanche, re: Lake Simcoe Region Conser... Page 146 of 237 11a) Councillor Coutanche, re: Lake Simcoe Region Conser... Page 147 of 237 11b) Councillor Lancaster, re: Springwater Provincial Pa... Throughh communiccation we'vee received from the Ministry of Natural Resoources, we know: In advane of the 213 seaso, Springwater is one f 10 identiied parks that cc00nnaooff will changge from operating to non-operatting status. This channge is basedd on Ministry oof Natural RResourcesbbudget asseessmentsccomparedwwith park visitationand operattional feasibbility. All non-ooperating parks continnue to be prrotected under the Proovincial Parrks and ConsservationReserves Acct and will nnot be sold. Non-operating mens that mintenancend facilitis - such a comfort aaaaaaeess stations,park maintnance, tril maintennce and cmping amnities - wil no eeaaaaaaeell longer b offered in the parks. ee Visitors can still use non-operaating parkss for day use - and they can enjoyy these reccreational acctivities freee of chargee. At the ennd of the 20012 operatiing season wild animaal viewing wwill no longeer be availaable to the puublic at this location. OOntario Parkks is in the process off considerinng options too relocate these anials to othr suitable acilities clse to Sprigwater. mmeeffoonn Residets and visiors are enouraged t send thei concerns to the Ministry of Natral nnttccoorruu Resourcces and to oour local MPP,Jim Wilson. Page 148 of 237 11b) Councillor Lancaster, re: Springwater Provincial Pa... We were surprised with the announcement issued by the Ministry and disappointed that we were not notified in advance. The details of their intention to change the status from an operating park to a non-operating park have not been fully explained to us. We have been told that Springwater Park will remain operational until March 31, 2013. You can be assured that we will stay close to the Springwater Park announcements with a very watchful eye. Mayor Linda Collins, Township of Springwater The official report and budget can be viewed on the Ministry of Natural Resources website. UPDATE The Township of Springwater takes this announcement seriously an with the Ministry of Natural Resources and the County of Simcoe. At the November 19th Council meeting Council passed the following resolution: RESOLUTION C 513 2012 Moved by: McConkey Seconded by: Hanna THAT the Township work with the County of Simcoe and the Province of Ontario to consider ways to keep Springwater Provincial Park operational. CARRIED UNANIMOUSLY With the assistance of MPP Jim Wilson, Mayor Linda Collins, Councillor Sandy McConkey, Springwater Staff along with representatives from the City of Barrie, Springwater Park Citizens Coalition and Friends of Springwater Park met with the Ministry of Natural Resources (MNR) on Wednesday November 28, 2012. At this meeting the MNR detailed the modernization plan that is currently underway and the move to change the status of 10 parks from Operation to Non-Operational. MNRs mandate through this exercise is to reduce costs and from their perspective a significant amount of analysis was undertaken in their decision making process. At this time, the transition plan for the Springwater Provincial Park has not been finalized. The key issues raised by the Township of Springwater focused on the willingness of the MNR to consider solutions that would result in the park remaining operational. The MNR clearly stated that they were willing to work with all in attendance if a solution could be developed. As a next step the Township of Springwater will be working with the County of Simcoe and MNRs regional staff to see if a solution can be developed to keep Springwater Provincial Park operational. Page 149 of 237 11b) Councillor Lancaster, re: Springwater Provincial Pa... Two citizens groups are very active in advocating for the operational status of Springwater Provincial Park. These groups are the Springwater Park Citizens Coalition and the Friends of Springwater Park. For an update on their initiatives please contact their web pages. If you would like to be kept up to date on municipal activities a sign-up sheet is detailed below. Online Resources: Save Springwater Park - Online Petition My Simcoe County MPP - Contact Information Springwater Provincial Park - Ontario Parks Website Environmental Registry - Ontario - Policy Proposal Notice: November 13 Deadline for Comments Page 150 of 237 11c) Councillor Meyer, re: Request for a Policy. (Setion 12.3 f Townshis ccoopp Procedural By-La No. 2011-011) ww Name:Councillor Kelly MMeyer Wardd 2 Item Number/Namee: 11c) Request foor a Policy Meeting Date:Decemmber 12, 2012 Type of Meeting:x Couuncil Speecial Counccil Commmittee of AdjustmentAcccessibilityAAdvisory Coommittee Rereationalechnical upport Grup ccTTSSoo Speakinng Notes: Weaare commencing our 22013 budgeet process, aand it would be benefficial to havee a policy in plaace before Council considers thee grant/subssidy requessts. Currntly the Twnship hs a practic, but not policy wit respect t grant/subidies. eeooaaeeaahhooss plicy would provide stff and Concil guidelines and prameters to follow wih Aooaauuaatt distriibution and amountsbbeing allocaated to requuest, A policy will enssure requesst and moneey granted will benefitt the residents of Oro-Medonte as a whole. Thepurpose shhould be cleear to suppoort local noon-profit volunteer baseed Oro-Meddonte organizations firrst such as agriculturee, heritage, health andd wellness, or organizaations our residdents will reedeem the bbenefit fromm. TheMayor spoe of consieration should also e made if request has been mde to kkddbbaaaa otherr levels of ggovernmentt such as thhe County. To be in alignment with surroundingMMunicipalitiees policies.. 12/13/122 Page 151 of 237 12a) 1. 2. 3. 4. 5. Page 152 of 237 12a) 1. 2. 3. 4. 5. Page 153 of 237 12a) 1. 2. 3. 4. 5. Page 154 of 237 12a) 1. 2. 3. 4. 5. Page 155 of 237 12a) 1. 2. 3. 4. 5. NOTICE OF COMMENCEMENT MUNICIPAL CLASS ENVIRONMENTAL ASSESSMENT HORSESHOE HIGHLANDS WATER SYSTEM UPGRADE The Township of Oro-Medonte has initiated a Municipal Class Environmental Assessment (EA) process for upgrades to the Horseshoe Highlands Water System. Upgrades are required to increase the reliability of the water wells during hours of peak demand and to provide emergency treated water for the community. This Class EA will serve to identify and assess a preferred design alternative, develop a recommended conceptual design, and to consult with the public and interested parties. Schedule B This EA will follow the planning and design process for a project, as Municipal Class Environmental defined in the Municipal Engineers Associations Assessment (October 2000, as amended in 2007). Public input and comments are invited for incorporation into the planning and design December 31, 2012 process of this project, and will be received until . Subject to comments received and the receipt of necessary approvals, the Township of Oro- Medonte intends to proceed with the planning, design, and construction of this project to be completed by the spring of 2013. Please direct questions and/or comments to: Mr. Jerry Ball Mr. Rick Groves Township of Oro-Medonte AECOM Director of Transportation & Senior Project Manager Environmental Services 55 Cedar Pointe Drive 148 Line 7 South Suite 620 Oro, ON L0L 2X0 Barrie, ON L4N 5R7 Phone: (705) 487-2171 Phone: (705) 721-9222 Fax: (705) 487-0133 Fax: (705) 734-0764 jball@oro-medonte.carick.groves@aecom.com Page 156 of 237 12a) 1. 2. 3. 4. 5. Page 157 of 237 13a) Correspondence dated November, 2012 from Mike MacEa... Town of New Tecumseth 10 Wellington Street East Alliston, ON L9R 1A1 705-435-6219 (Telephone) 705-440-1170 (Fax) November 2012 Dear Head and Members of Council and Municipal Employees: Diamond Jubilee of Ontario Small Urban Municipalities (OSUM) Con May 1-3, 2013 at the Nottawasaga Inn and Resort th The Town of New Tecumseth takes great pride in hosting the 60 Anniversary OSUM Conference and Trade Show and this letter is your personal invitation to be a delegate at this very special event. The theme this year is OSUM Diamond Jubilee A Brilliant Future. We are expecting over 200 delegates and companions and 75 Exhibitors at the Trade Show and the Notta facilities to make this a most enjoyable event. Events will get under way on Wednesday with the annual golf outi opportunity to relax or explore New Tecumseth. The Conference officially opens at 5 pm on Wednesday with the Trade Show and Welcome Reception featuring delicious food and refreshments and an opportunity to socialize and network until 8 pm. The Trade Show continues on Thursday from 8 am to 2 pm with draws for major prizes in the Trade Show Area. Winners are drawn randomly from business cards dropped in the baskets at each exhibit so bring a good supply to improve your chances to win. You must be in the Trade Show Area at the time of the draws to win. Conference Sessions begin on Thursday morning featuring Keynote Speakers, Educational Sessions, Interactive Workshops and updates from the OSUM and AMO Chairs. Please check the OSUM and Town websites www.osum.ca and www.newtecumseth.ca for program updates as they become available. On Thursday evening, to celebrate OSUMs Diamond Jubilee, there will be a formal banquet with live entertainment immediately following the Mayors Reception. Both of these events will take place at the Nottawasaga Inn and Resort. Seating for the banquet is limited so please register early. The Conference will conclude on Friday with a Luncheon featuring closing remarks and an invitation from st Mayor Jamie McGarvie and his Town Council to attend the 61 Conference and Trade Show in Parry Sound April 30 - May 2, 2014. Please see registration form for registration fees for delegates Companions Program will be announced later. If you would like further information please check out our websites or contact the Conference Chair Deputy Mayor Rick Milne deputymayor@newtecumseth.ca (705) 435-6219 or Nancy Rugman, Conference Administrator for the Town nrugman@newtecumseth.ca (705)435-3900, Ext. 250 or Ted Blowes, OSUM Annual Conference & Trade Show Co-ordinator ted.b@q (519)393-5877. We look forward to seeing you in New Tecumseth in 2013 as we celebrate OSUMs Diamond Jubilee Conference & Trade Show. Sincerely, Mike MacEachern, Mayor Councillor Jim Collard Town of New Tecumseth Town of Niagara-on-the-Lake Chair, Ontario Small Urban Municipalities Page 158 of 237 13a) Correspondence dated November, 2012 from Mike MacEa... th Delegate Name: Municipality: Mailing Address: City Postal Code Telephone: ( ) Ext. Cell: ( ) Fax: ( ) Email: Companion Name: DELEGATE PACKAGE $495.00 + $64.35 HST = $559.35 Each Delegate will receive a registration kit, access to all workshops, Wednesday Evening Welcome Reception & Trade Show visitation including hearty snacks and cash bar, Mayors Reception Thursday evening, breakfast and lunch Thursday and Friday and daily refreshment breaks. Prizes will be drawn and awarded during the Thursday lunch break and Trade Show visitation. COMPANION PACKAGE $150.00 + $19.50 HST = $169.50 Includes the Wednesday evening Welcome Reception & Trade Show with hearty snacks and cash bar, Mayors Reception Thursday evening, Thursday and Friday breakfast and Friday lunch with the delegates at the Nottawasaga Inn. A full day companion program is offered on Thursday that will include a tour of the birthplace of Sir Frederick Banting, a visit to the Museum on the Boyne, lunch and a trip back in time on the South Simcoe Heritage Steam Train. TH 60 ANNIVERSARY CELEBRATION BANQUET $30.00 + $3.90 HST = $33.90 th In celebration of OSUMs 60 Anniversary a banquet featuring live entertainment will be held on Thursday evening following the Mayors Reception. Seating is limited so be sure to reserve yours early. The conference will be held at the Nottawasaga Inn & Resort, 601 please call 1-800-669-5501. Rooms start at $128.00 so book early! Please refer to OSUM when booking to obtain the conference rate. Overflow accommodations are available at the Red Pine Inn, 497 Victoria Street East, Alliston starting at $119.00. Call 1-800-328-1404 to book. Page 159 of 237 13a) Correspondence dated November, 2012 from Mike MacEa... EARLY BIRD GOLF DAY WEDNESDAY, MAY 1, 2013 - NOTTAWASAGA COURSE $92.00. per golfer, Package includes 18 holes, cart, lunch and prizes. For information on the golf event please contact the Nottawasaga REGISTRATION & PAYMENT Delegate @ $559.35 $_______________ Please supply names of golfers below: Companion @ $169.50 $_______________ 1._________________________________________ Golf Day @ $ 92.00 $_______________ 2._________________________________________ Banquet @ $ 33.90$_______________ 3._________________________________________ $ TOTAL 4._________________________________________ Payment method: Credit Card: Visa Cheque payable to Town of New Tecumseth Credit Card Number: __________________________Expiration Date:__ Name as it appears on the card: ________________________________ Signature of Cardholder:________________________________________ PLEASE MAIL THIS REGISTRATION FORM AND PAYMENT TO: Town of New Tecumseth, 10 Wellington Street East, Alliston, ON Attention: Nancy Rugman, OSUM Conference Administrator for the OR Fax or email credit card payment - please include OSUM in the s nrugman@newtecumseth.ca Fax: 705-440-1170 Telephone: 705-435-3900, Ext. 250 Refund Policy: Cancellation must be made in writing (mail or em administration charge of $50.00 will apply. Any cancellations a CONFERENCE PROGRAM AND TRADE SHOW ENQUIRIES: Ted Blowes, OSUM Conference & Trade Show Coordinator at 519-393-ted.b@quadro.net For updates regarding conference programming, please visit www.osum.caor www.town.newtecumseth.on.ca HST # 10698 3752 RT0001 Page 160 of 237 15a) Being a ByLaw to Authorize the Execution of a Muni... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE By-Law No. 2012-123 Being a By-Law to Authorize the Execution of a Municipal Highway Best Efforts Agreement th (7 Line from Highway 11 north to Horseshoe Valley Road/County Road Between the Township of Oro-Medonte and the County of Simcoe WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 52(1), as amended, provides an upper-tier municipality may add a lower-tier highway line highway, to its highway system from any of its lower-tier m AND WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 224, as amended, provides 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 as a result of the County of Simcoe Transportation Master Plan, County has identified highways which will be required to be incl highway system at some time in the future to ensure that the Cou will function on a county wide basis. AND WHEREAS the identified highway within the Township of Oro-Medonte is th 7 North from Highway 11 north to Horseshoe Valley Road/County Ro AND WHEREAS Council deems it expedient to enter into the Municipal Highway Efforts Agreement with the County of Simcoe. 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 Municipal High th Efforts Agreement (7 Line from Highway 11 north to Horseshoe Valley Road/Country Road 22) attached hereto as Schedule A and formin By-Law. 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 12 DAY OF DECEMBER, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ____________________________ Mayor, H.S. Hughes ____________________________ Clerk, J. Douglas Irwin Page 161 of 237 15a) Being a ByLaw to Authorize the Execution of a Muni... Page 162 of 237 15a) Being a ByLaw to Authorize the Execution of a Muni... Page 163 of 237 15a) Being a ByLaw to Authorize the Execution of a Muni... Page 164 of 237 15a) Being a ByLaw to Authorize the Execution of a Muni... Page 165 of 237 15a) Being a ByLaw to Authorize the Execution of a Muni... Page 166 of 237 15a) Being a ByLaw to Authorize the Execution of a Muni... Page 167 of 237 15a) Being a ByLaw to Authorize the Execution of a Muni... Page 168 of 237 15a) Being a ByLaw to Authorize the Execution of a Muni... Page 169 of 237 15a) Being a ByLaw to Authorize the Execution of a Muni... Page 170 of 237 15a) Being a ByLaw to Authorize the Execution of a Muni... Page 171 of 237 15a) Being a ByLaw to Authorize the Execution of a Muni... Page 172 of 237 15b) A Bylaw to amend the zoning provisions which apply... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY- LAW NO. 2012-205 A By-law to amend the zoning provisions which apply to lands wit North Part of Lot 15, Concession 1(Former Township of Oro), 2203 Road (J & K Farms Limited 2012-ZBA-13) 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 lands to prohibit the development of residential uses, in accordance with Section C1.3 NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. Schedule A9 to Zoning By-law 97-95, as amended, is hereby further amended by changing the zone symbol applying to the lands locate Part Lot 15, Concession 1 (Former Township of Oro); 2203 Ski Tra Township of Oro-Medonte, from the Agricultural/Rural (A/RU) Zone Agricultural/Rural Exception 217 (A/RU*217) Zone and the Agricultural/Rural Exception 218 (A/RU*218) Zone as shown on Schedule A attached hereto and forming part of this By-law. 2. Section 7 Exceptions of Zoning By-law 97-95 as amended is h amended by adding the following subsection: 7.217 *217 NORTH PART OF LOT 15, CONCESSION 1, MUNICIPALLY KNOWN AS 2203 SKI TRAILS ROAD (FORMER ORO) Notwithstanding Table A4 Permitted Uses, a single detached d not permitted on the lands denoted by the symbol *217 on the sch this By-law. 3. Section 7 Exceptions of Zoning By-law 97-95 as amended is h amended by adding the following subsection: 7.218 *218 NORTH PART OF LOT 15, CONCESSION 1, MUNICIPALLY KNOWN AS 2203 SKI TRAILS ROAD (FORMER ORO) In addition to Table B4 Standards for the Agricultural/Rural Mineral Aggregate Resource Zone, the following provisions apply a) Minimum lot size for hobby farm 0.61 hectares b) Minimum setback from exterior side lot line to existing agricultural building 11.14 metres 4. This By-law shall come into effect upon the date of passage h the provisions of the Planning Act, as amended. TH BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 12 DAY OF DECEMBER, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ______________________________ Mayor, H.S. Hughes ______________________________ Clerk, J. Douglas Irwin Page 173 of 237 15b) A Bylaw to amend the zoning provisions which apply... This is Scheedule 'A' to By-LLaw 2012-205 passsed the 12 dayy of Deccember,2012. th Mayoor _______________________ H.SS. Hughess Clerkk _______________________ J.DDouglas Irrwin TTOWNSHIPP OF ORO-MMEDONTEE (FFILE 20122-ZBA-13)) Page 174 of 237 15c) A Bylaw to amend the zoning provisions which apply... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY- LAW NO. 2012-206 A By-law to amend the zoning provisions which apply to lands wit Part Lot 69, Concession 2, (Former Township of Medonte), 130 Hummingbird Hill Road (Robins Holsteins Limited 2012-ZBA-11) 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 lands to prohibit the development of residential uses, in accordance with Section C1.3 NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. Schedule A22 to Zoning By-law 97-95, as amended, is hereby amended by changing the zone symbol applying to the lands locate Lot 69, Concession 2 (Former Township of Medonte), 130 Hummingbird Hill Road, Township of Oro-Medonte, from the Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception 219 (A/RU*219) Zone and the Agricultural/Rural Exception 220 (A/RU*220) Zone as shown on Sch attached hereto and forming part of this By-law. 2. Section 7 Exceptions of Zoning By-law 97-95 as amended is h amended by adding the following subsection: 7.219 *219 PART LOT 69, CONCESSION 2, MUNICIPALLY KNOWN AS 130 HUMMINGBIRD HILL ROAD (FORMER MEDONTE) Notwithstanding Table A4 Permitted Uses, a single detached d not permitted on the lands denoted by the symbol *219 on the sch this By-law. 3. Section 7 Exceptions of Zoning By-law 97-95 as amended is h amended by adding the following subsection: 7.220 *220 PART LOT 69, CONCESSION 2, MUNICIPALLY KNOWN AS 130 HUMMINGBIRD HILL ROAD (FORMER MEDONTE) In addition to Table B4 Standards for the Agricultural/Rural Mineral Aggregate Resource Zone, the following provisions apply a) Minimum lot size for hobby farm 1.71 hectares b) Minimum setback from rear lot line to existing agricultural accessory building 6.1 metres 4. This By-law shall come into effect upon the date of passage h the provisions of the Planning Act, as amended. TH BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 12 DAY OF DECEMBER, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ______________________________ Mayor, H.S. Hughes ______________________________ Clerk, J. Douglas Irwin Page 175 of 237 15c) A Bylaw to amend the zoning provisions which apply... This is Scheedule 'A' to By-LLaw 2012-206 passsed the 12 dayy of Deccember,2012. th Mayoor _______________________ H.SS. Hughess Clerkk _______________________ J.DDouglas Irrwin TTOWNSHIPP OF ORO-MMEDONTEE (FFILE 20122-ZBA-11)) Page 176 of 237 15d) A Bylaw to Authorize the Execution of a Memorandum... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-210 A By-law to Authorize the Execution of a Memorandum of Understanding between The Township of Oro-Medonte and the Ontario Federation of Snowmobile Clubs Local Snowmobile Club, Sno Voyageurs Club For the 2012/2013 and 2013/2014 Seasons and to Repeal By-law No. 2011-003 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 administrat 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 and declared by Motion No. C121205-22, at its 2012 meeting, to enter into a Memorandum of Understanding with t Federation of Snowmobile Clubs - Local Snowmobile Club, Sno Voya the 2012/2013 and 2013/2014 seasons; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That the Clerk is hereby authorized to execute the Memorandum Understanding between The Corporation of the Township of Oro-Med and the Ontario Federation of Snowmobile Clubs - Local Snowmobil Sno Voyageurs Club attached hereto as Schedule A and forming p this By-Law. 2. That By-law No. 2011-003 is hereby repealed. 3. That this by-law shall take effect on the final passing thereof. TH BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 12 DAY OF DECEMBER, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE __________________________ Mayor, H.S. Hughes __________________________ Clerk, J. Douglas Irwin Page 177 of 237 15d) A Bylaw to Authorize the Execution of a Memorandum... Page 178 of 237 15d) A Bylaw to Authorize the Execution of a Memorandum... Page 179 of 237 15d) A Bylaw to Authorize the Execution of a Memorandum... Appendix 1 to Schedule A to By-Law No. 2012-210 - North side of Cassell Drive from County Road 93 to Line 2 Nort - Line 2 North from Cassell Drive to the Highway 400 corridor. - Line 4 North from Highway 400 to Ingram Road. - South side of Ingram Road from Line 4 North to Line 5 North. - Rail Trail from Line 5 South to Thunderbridge at Ridge Road We - Line 1 North from 1/4 way from Old Barrie Road West to 30/31 S - 30/31 Sideroad West for 2000 feet - Line 1 North 2000 feet from 30/31 Sideroad West - Line 2 North from South of Bass Lake Sideroad West to past Bid - Line 3 North from north of Highland Drive, south on Line 3 North for 3000 feet - Line 3 North from 3000 feet south of Bass Lake Sideroad West t Sideroad West - Bass Lake Sideroad West, easterly from Line 3 North to Line 5 Orillia trail. The Sno Voyageurs Club shall be responsible for an annual inclus $500.00 to the Transportation Reserve Fund or the value of work "in-kind", with permission to utilize the following municipal road allowances an Refer to Resolution No. C121205-22 Council December 5, 2012 Page 180 of 237 15e) A Bylaw to Authorize the Execution of a Memorandum... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-211 A By-law to Authorize the Execution of a Memorandum of Understanding between The Township of Oro-Medonte and the Ontario Federation of Snowmobile Clubs Local Snowmobile Club, Orillia District Snowmobile Club For the 2012/2013 and 2013/2014 Seasons and to Repeal By-law No. 2011-004 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 and declared by Motion No. C121205-21, at its meeting, to enter into a Memorandum of Understanding with the On Snowmobile Clubs - Local Snowmobile Club, Orillia District Snowmobile Club for the 2012/2013 and 2013/2014 seasons; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That the Clerk is hereby authorized to execute the Memorandum Understanding between The Corporation of the Township of Oro-Med the Ontario Federation of Snowmobile Clubs - Local Snowmobile Cl District Snowmobile Club attached hereto as Schedule A and for this By-Law. 2. That By-law No. 2011-004 is hereby repealed in its entirety. 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 12 DAY OF DECEMBER, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE __________________________ Mayor, H.S. Hughes __________________________ Clerk, J. Douglas Irwin Page 181 of 237 15e) A Bylaw to Authorize the Execution of a Memorandum... Page 182 of 237 15e) A Bylaw to Authorize the Execution of a Memorandum... Page 183 of 237 15e) A Bylaw to Authorize the Execution of a Memorandum... Appendix 1 to Schedule A to By-Law No. 2012-211 - Line 5 North from Bass Lake Side Road to Horseshoe Valley Road - Line 5 North from approximately 100 metres south of Railway Li hill on Line 5 approximately 1km north of Horseshoe Valley Road. - Line 5 North approximately 1 km north of Horseshoe Valley Road 1 km - Line 6 North from Bass Lake Side Road North approximately 1.5k Side of Sugarbush. - Line 6 North from Mount St. Louis Road West approximately 650 of the hill. - Line 9 North of Bass Lake Side Road in its entirety to the bot Mountain Springs (opened Road Allowance) approximately 1.5km lon - Line 11 North from Old Barrie Road to Bass Lake Side Road East - Rail Trail from Line 5 South to Woodland Drive. The Orillia District Snowmobile Club shall be responsible for an contribution of $500.00 to the Transportation Reserve Fund or the value of work "in- kind", with permission to utilize the following municipal road a Refer to Resolution No. C121205-21 Council December 5, 2012 Page 184 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-213 Being a By-law to Authorize the Execution of a Subdivision Agreement between the Corporation of the Township of Oro-Medonte and Horseshoe Valley Lands Limited WHEREAS, Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, C P.13, as amended, provides that municipalities may enter into agreements imposed as a condition to the approval of a plan of subdivision and such agreements may be registered against the land to which the subdivision plan applies being P t Lots 3 and 4, Concession 4, Oro, Part 15, Plan 51R-30671,T/W easement over Par LT 522878, Oro-Medonte, Township of Oro-Medonte (Geographic Town (known as the Horseshoe Valley Lands Ridgewood Court Simcoe, PIN 74055-0121(LT), Subdivision), Township of Oro-Medonte, County of Simcoe; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte hereby enacts as follows: THAT 1. the Mayor and Clerk are hereby authorized to execute, on behalf Township of Oro-Medonte, a Subdivision Agreement, a copy of whic hereto and forms part of this By-law as Schedule A; THAT 2.the Subdivision Agreement, a copy of which is attached hereto an part of this By-law as Schedule A, be registered on title agai described therein; 3. THAT the Township of Oro-Medonte shall be entitled to enforce the pro the Subdivision Agreement against the owners and any and all sub ; owners of the land THAT 4. this By-Law shall come into effect upon the date of passage her subject to the provisions of the Planning Act, as amended. TH BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 12 DAY OF DECEMBER, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes _____ Clerk, J. Douglas Irwin Page 185 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... SIONANT - betweeen - HORSSESHOEE VALLLEY LANDS LTTD. - andd - THE CCORPOORATIOON OF TTHE TOOWNSHIP OF OOROMMEDONTTE -and - RROMSPEN INVVESTMEENT COORPORAATION DDESCRIPTIONN OF LAANDS PLANN OF SUBBDIVISIONN OF PT LLOTS 3 AAND 4, COONCESSIION 4, ORRO, PT 155 PL 51R330671, T//W EASEMENT OVVER PTS 3 PL 51RR30671 AAS IN LT5522878, OORO-MEDDONTE, TOOWNSHIP OF ORO- MEDDONTE (GGEOGRAAPHIC TOWWNSHIPOF ORO), COUNTTY OF SIMMCOE, PIN 74055-0121(LT) TOWWNSHIPP OF ORO-MEEDONTEE COUNNTY OFF SIMCOOE Decemmber 12,, 2012 By-Laaw No. 20012-213 Page 186 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... TOWNSHIP OF ORO-MEDONTE SUBDIVISION AGREEMENT TABLE OF CONTENTS Part 1 General Requirements Part 2 The Lands, Plans and Representations Part 3 Requirements Prior to Execution of Agreement Part 4 Pre-Construction Requirements Part 5 Financial Requirements Part 6 Staging or Phasing Part 7 Construction Requirements Part 8 Building Permits and Occupancy Part 9 Maintenance and Acceptance Part 10 Default Provisions SCHEDULES Schedule "A - Description of Lands Affected by this Agreement Schedule "B" - Plan of Subdivision Schedule "C" - Works to be Constructed Schedule "D" - Itemized Estimate of Cost of Construction of Ea Part of the Works Schedule "E" - List of Lots Requiring Special Attention Schedule "F" - Development Charges Schedule "G" - Deeds and Easements to be Conveyed Schedule "H" - Parkland Schedule "I" - Declaration of Progress and Completion Schedule "J" - General Location and Lot Grading Plans Schedule K - Standard Township Letter of Credit 2 Page 187 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... TOWNSHIP OF ORO-MEDONTE THIS AGREEMENT made as of the 12th day of December, 2012. BETWEEN:HORSESHOE VALLEY LANDS LTD. (hereinafter called the "Developer") OF THE FIRST PART AND: THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE (hereinafter called the "Township") AND: ROMSPEN INVESTMENT CORPORATION (hereinafter called the Mortgagee) WHEREAS the lands affected by this Agreement are the lands described in hereto annexed, and are also shown on the Plan of Subdivision at of this Agreement as Schedule "B" and collectively are herein re AND WHEREAS43-OM-20001 a Draft Plan with Conditions () has been issued for the proposed subdivision, which requires that the Developer must sat financial and otherwise, of the Township, including the provisio Services; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises TWO DOLLARS ($2.00) and for other good and valuable consideration and the sum of of lawful money of Canada now paid by the Township to the Developer THE DEVELOPER AND THE TOWNSHIP HEREBY COVENANT hereby acknowledged), AND AGREE WITH ONE ANOTHER AS FOLLOWS: 3 Page 188 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... PART - 1 GENERAL REQUIREMENTS 1.1 DEVELOPER'S CONSULTING ENGINEERS The Developer shall employ Engineers registered and in good sta Association of Professional Engineers of Ontario: 1.1.1 To prepare designs in accordance with the Township of Oro- Engineering Standards and Drawings (dated October,1997). 1.1.2 To prepare and furnish all required drawings and specifica 1.1.3 To prepare the necessary contract(s) and provide contract administration. 1.1.4 To obtain the necessary approvals in conjunction with the from the Township of Oro-Medonte sewage approval authority, Simc County District School Board and Simcoe Muskoka Catholic Distric School Board, Nottawasaga Valley Conservation Authority and util companies, or as a result of legislative or procedural change, t Ministries shall be deemed to be the Ministry of Municipal Affai Housing, as well as the Council of the Township of Oro-Medonte o Chief Building Official. This will also pertain to Sections 2.4.3, 3.1.11, 8.1 and 8.2. 1.1.5 To act as the Developer's representative in all matters p subdivision. 1.1.6 To provide co-ordination in scheduling to comply with the provisions of this Agreement and the requirements of the Township Engineer, for all the work specified in this Agreement. 1.1.7 To provide supervision during construction of all the ser 1.1.8 To ensure that the work involved in construction of the s out by construction methods conforming to acceptable engineering practice. 1.1.9 To maintain records of construction which shall be availa inspection or copy by the Township. 1.1.10 To prepare final as constructed Mylar drawings which wi following with regard to provision of a digital Plan of Subdivis Completed digital Plan of Subdivisions must be in AutoCAD drawin format or DXF and be delivered on a CD Rom or DVD. Two copies o each Plan of Subdivision are required on separate CD Roms or DVD Each CD Rom or DVD must be labeled identifying the legal propert description, developers name, file name, and date delivered. PKZIP Release 2.04G or higher may be used to perform file compression if required. It is the Developers responsibility to ensure that all drawing changes occurring throughout the approval process are incorporated into digital submission. All line data depicting property boundaries must be mathematical closed to form polygons. 4 Page 189 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... The lines, which describe the boundary of all properties created the Plan of Subdivision, will be isolated on a unique layer/leve certain cases, some of the line segments will coincide with the concession lot lines, registered plan data, open roads, rivers, PLAN OF SUB layer/level will outline the property boundaries in of enclosed polygons. LAYER/LEVEL PLAN OF SUB LINE TYPE CONTINUOUS COLOUR YELLOW (2) The text, which describes the property lot numbers for the Plan Subdivision, will be isolated on a unique layer/level. The lot be inserted as descriptive text. LAYER/LEVEL PL LT TEXT FONT MONOTEXT COLOUR YELLOW (2) The digital files should contain enough site data as to allow fo and vertical positioning within the existing base mapping. A mi two road intersections located outside the Plan of Subdivision m shown in the drawing. It is not necessary that the digital data be in Universal Transv Mercator (UTM) co-ordinates since the registration process will automatically convert any unit grid to the Ontario Base Mapping Co-ordinate System. 1.1.11 To furnish the Township with a certificate with respect to each lot or building block for which a Building Permit application is made, that the proposed construction is in conformity with the General NOTE: and Lot Grading Plan or with an approved variation; ( That a Professional Engineer could also be retained to provide the afor mentioned and any cost incurred by the Township will be the responsibility of the Developer or individual lot owner). 1.1.12 To prepare and provide the Township, for each lot or blo plan, a certificate of final grade elevation, indicating that the property has been developed in conformity with the General Location and Lot G NOTE: Plan or with an approved variation ( That a Professional Engineer could also be retained to provide the afore-mentioned and any co incurred by the Township will be the responsibility of the Devel individual lot owner). NOTE: In the case of lots built on after the sale or transfer by the Developer, the Township reserves the right to request a similar certificate as and 1.1.12, but it may be provided by a Professional Engineer, other than the Developer's Consulting Engineer. If the Township has their Engineer prepare the Certificate, the cost of the work will be deducted from the final occupancy and lot grading deposit and will become the responsibility of the individual lot owner. 5 Page 190 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... 1.2 LEGAL NOTICE TO DEVELOPER Any notice required to be given hereunder may be given by regis to the Developer at his principal place of business and shall be of the deposit thereof in the post office, as follows: Horseshoe Valley Lands Ltd. 1101 Horseshoe Valley Road Comp # 50 Barrie, Ontario L4M 4Y8 Or by Facsimile Transmission to: (705) 835-6743 In which case, notice shall be effective as of the time and date transmission thereof. The Developer shall be responsible for notifying the Township C change(s) in his principal place of business. Mortgagee Information: Romspen Investment Corporation c/o Bonnie Bowerman, Vice-President 162 Cumberland Street Toronto, Ontario M5R 3N5 Tel: (416) 928-5114 Fax: (416) 966-1161 Genia Ionova Senior Mortgage Analyst Tel: (416) 928-5109 Fax: (416) 966-1161 1.3 REGISTRATION The Developer consents to the registration of the Subdivision A Township and at the sole discretion of the Township upon the title of the lands, the registration expenses shall be included as a legal expense to th 1.4 VOIDING AGREEMENT In the event that the Plan is not registered within one year from the date of signing this Agreement, the Township may, at its option, declare this Agreement to be null and void. 1.5 MORTGAGEE BECOMING DEVELOPER The mortgagee(s) hereby agrees that in the event of him/they be Developer(s) of the lands under his/their mortgage by way of for otherwise, either beneficially or in trust, then the mortgage(s) postponed to this Agreement and any lands registered in the name shall be free of the mortgage(s), and the mortgagee(s) agrees to of the mortgage(s) on those lands if called upon by the Township he/they shall be subject to the terms of the Agreement as though executed this Agreement in the capacity of the Developer. 1.6 ASSIGNMENT OR TRANSFER OF MORTGAGE The mortgagee(s) agrees that in the event of him assigning or t mortgage(s) on the lands, the assignment(s) or transfer(s) shall hereof, in the same manner as if the assignee or transferor has Agreement. 6 Page 191 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... 1.7 LANDS FOR MUNICIPAL PURPOSES The Developer agrees to grant good title in fee simple free and encumbrances unto the Township, lands for municipal purposes oth which shall be mutually agreed upon by the Developer and the Tow cash payment in lieu thereof, as provided by Section 51.1 of the Planning Act, R.S.O. 1990, c.P.13 and required by the Township of Oro-Medonte. The D agrees to certify good title to lands by the Developers solicit lands are to be approved by the Township's Solicitor and thereafter, forthwith, registered and deposited with the Township Clerk. The Developer for preparation and registration of the said deed. The Develope Townships solicitor, certification of good title, free and clea 1.8 EASEMENTS The Developer agrees to grant, at his expense, all such easemen as may be required for the installation and supply of services t deed lands to the Township, as set out in Schedule "G". The Dev certify good title to easements and right-of-ways by the Developers solicitor. Prior to executing this Agreement, all known easements shall be filed wit form approved by the Township's solicitor. A list of easements and rights-of-way shall be set out in Sched Agreement. The Township agrees to transfer easement(s) on lands the registration of this subdivision plan to the authority requiring the easement(s). All cost of the above noted registration to be borne by the Develope 1.9 HYDRO AND TELEPHONE Prior to the Township releasing this proposed Plan for registra provide the Township with a letter from the electricity supplier supplier, stating that the Developer has entered into a satisfac them with respect to the costs of installing underground wiring and financial contributions in this regard. The cost of any relocations or revisions to existing private co equipment, which are necessary to accommodate this subdivision, the Developer. 1.10 SIMCOE COUNTY BOARDS OF EDUCATION WARNING That the Developer agrees to include in all offers of purchase that advises the prospective purchaser that the public and catholic schools on designated sites in the community are not guaranteed. Attendanc be constructed in the area is also not guaranteed. Pupils may b temporary facilities and/or be directed to schools outside of th That the Developer agrees to include in all offers of purchase which advises the prospective purchaser that school busses will and that pick up points will generally be located on through str Board. Additional pick-up points will not be located within the construction activity has been completed. 1.11 CANADA POST The Developer agrees to construct mailbox laybys as detailed on drawings as per Section 2.4.2 (Plans and Specifications), a site, if required, to the specifications and standards of Canada Post and the Township, as construction of mailboxes by Canada Post. 7 Page 192 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... 1.12 MINISTRY OF THE ENVIRONMENT The Developer and each individual lot owner, acknowledges that e responsible for the installation and maintenance of a subsurface system in accordance with Part 8 of the Ontario Building Code. 1.13 WARNING TO PROSPECTIVE LOT DEVELOPERS The Developer shall provide copies of Clauses 1.1.11, 1.1.12 an 1.11, 1.12, 5.5, 5.7.2, 7.3, 7.10, 7.17, 8.1, 8.1.1, 8.2, 8.3, 8.4, 8.5, 9.8 and Schedules E and F, to each prospective purchaser of a lot(s). 1.14 SAVE HARMLESS The Developer covenants and agrees with the Township, on behalf successors and assigns, to indemnify and save harmless the Towns and agents from and against any and all actions, suits, claims a whatsoever, which may arise either directly or indirectly by rea performed by the provisions of this Agreement. The Developer further covenants and agrees to release and foreve Township from and against all claims, demands, causes of actions type whatsoever that may arise either as a result of the failure out any of its obligations under this Agreement, or, as a result performing any municipal work on the said lands or the adjacent damage or interfere with the works of the Developer, provided th or neglect was not caused as a result of negligence on the part servants or agents. 1.15 ENUREMENT This Agreement shall enure to the benefit of and be binding upon the parties and their heirs, executors, administrators, successors and assigns. 8 Page 193 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... PART - 2 THE LANDS, PLANS AND REPRESENTATIONS 2.1 SCOPE OF AGREEMENT 2.2 DESCRIPTION OF LANDS The lands affected by this Agreement are the lands described in 2.3 PLAN REFERENCE For the purpose of this Agreement, references are made to the Pl attached hereto, as Schedule "B". Any further changes in the sa changes in the Conditions of Draft Approval, may necessitate a c provisions of this Agreement. 2.4 CONFORMITY WITH AGREEMENT The Developer agrees to satisfy all the requirements, financial Township concerning the provision of roads; the installation of The Developer covenants and agrees that no work shall be perform lands except in conformity with: 2.4.1 The provisions of this Agreement, including the Schedules to. 2.4.2 The Plans and Specifications submitted to and accepted by the Township as being within its design criteria including, without limiting the generality of the foregoing, the Drawings listed in Schedule C of this Agreement Functional Servicing Report January 2011 prepared by Pearson M Engineering Ltd.; and stamped Accepted for Construction by the Engineer on June 12, 2012. DescriptionDrawing No. LIST OF DRAWINGS PEARSON McCUAIG ENGINEERING LTD. TITLE PAGE 51M-PLAN 51M- 51R-Plans 51R- 51R- Notes and Details Notes and Details ND-1 Notes and Details ND-2 Erosion Control Plan Erosion Control Plan EP-1 Lot Grading Plan Lot Grading Plan LG-1 9 Page 194 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... General Servicing Plans General Servicing Plan GS-1 Storm Drainage Plan Storm Drainage Plan STM-1 Plan Profile Plan Profile PP-1 Composite Utility Plan Composite Utility Plan CUP-1 2.4.3 All Plans and Specifications submitted to and accepted by 2.4.3.1 Ministry of the Environment 2.4.3.2 Electrical Distribution Utility 2.4.3.3 Township of Oro-Medonte 2.4.3.4 Nottawasaga Valley Conservation Authority 2.4.3.5 Ministry of Citizenship, Culture and Recreation 2.4.4 All applicable Township By-Laws, including any applicable Laws. 2.4.5 All applicable Provincial and Federal Legislation and al Fisheries Act. 2.5 RELIANCE UPON REPRESENTATIONS The Developer acknowledges that: 2.5.1 It has made representation to the Township that it will and other works required herein, in accordance with the Plans fi accepted by the Township and others, and; 2.5.2 The Township has entered into this Agreement in reliance those representations. 2.6 SCHEDULES ATTACHED The following Schedules are attached to and form part of this Ag Schedule ''A'' - Description of Lands Affected by this Agreeme Schedule "B" - Plan of Subdivision Schedule "C" - Works to be Constructed Schedule "D" - Itemized Estimate of Cost of Construction of Each Part of the Works Schedule "E" - List of Lots Requiring Special Attention Schedule "F" - Development Charges Schedule "G" - Deeds and Easements to be Conveyed Schedule "H" - Parkland Schedule "I" - Declaration of Progress and Completion Schedule "J" - General Location and Lot Grading Plans Schedule K - Standard Township Letter of Credit 2.7 SUBDIVISION CHANGES There shall be no changes in the Schedules attached hereto, or by the Township or others, unless such proposed changes have bee and approved by, the Township and the Township Engineer. 10 Page 195 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... PART - 3 REQUIREMENTS PRIOR TO EXECUTION OF AGREEMENT 3.1 Prior to the execution of this Subdivision Agreement by the Township, the Developer shall: 3.1.1 Taxes - have paid all Township tax bills issued and outsta lands. 3.1.2 Deeds and Easements - have delivered to the Township all t discharges and easements or other documents required by Schedule well as Certification from the Developers solicitor that the Tr Easements shall provide the Township with good title, free and c encumbrances. 3.1.3 Postponement Mortgage/Charge - file with the Township soli approval, a postponement of Mortgage/Charge document. 3.1.4 Cash Deposits, Development Charges and Security - have pai Township all cash deposits, development charges and security req Schedules D and F. 3.1.5 Construction/Engineering Plans and Specifications - have supplied to the Township, those Plans and Specifications necessary to identify t construction/engineering aspects of the proposed development, an received from the Township an acknowledgment of conformity with design concepts of the Township. 3.1.6 Electricity - have supplied to the Township for approval, to identify the electrical distribution system, lighting require supply to each lot or building or unit, as the case may be, and the required Township standards, which includes underground wiri 3.1.7 Insurance Certificate - file with the Township Clerk, an insurance certificate confirming those coverages specifically set out hereafter. 3.1.8 Consulting Engineer's Letter - ensure that each Consulting Engineer (who must be experienced in the field of Municipal Services) for the Devel Township, a letter confirming the terms of his retainer, and whi in draft format supplied by the Township. 3.1.9 Utilities and Canada Post Confirmation - arrange for the Electrical Distribution Utility, Bell Telephone, the Natural Gas Utility, and Canada Post, to write a letter to the Township Clerk confirming that: 3.1.9.1 They have been informed of the project and have seen th development plans. 3.1.9.2 Satisfactory arrangements have been made with them for subdivision without expense or obligation on the part of the Township. 3.1.9.3 Easement requirements, if any. 3.1.10 Land Ownership- be the registered owner in fee simple of described in Schedule "A and that there will be no encumbrances against the said lands. 11 Page 196 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... 3.1.11 Approvals - obtain and file with the Township, confirma the following: 3.1.11.1 Ministry of the Environment 3.1.11.2 Electrical Distribution Utility 3.1.11.3 Township of Oro-Medonte 3.1.11.4 Simcoe County District School 3.1.11.5 Simcoe Muskoka Catholic District School Board 3.1.11.6 Nottawasaga Valley Conservation Authority 3.1.12 Lot Sizes - file with the Township, a certificate from Surveyor confirming that the frontage and area of each lot meets requirements of the Township Zoning By-law. 3.1.13 Community Mail Boxes - file with the Township, a Plan showing the location of, and access to, community mail boxes. 3.1.14 Mylars - provide for registration, Mylars of all P Agreement as Schedules. 3.1.15 Fire Chief Approval - obtain an approval from the Township confirming and approving of the proposed plans for fire specifying any hydrants, or other equipment, or appurtenances re 12 Page 197 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... PART - 4 PRE-CONSTRUCTION REQUIREMENTS : 4.1 Prior to starting construction of the subdivision works, the 4.1.0 Pre-servicing Obtain a pre-servicing agreement, if necessary, prior to registr 4.1.1 Plan Registration Obtain final approval of the Plan from the Township of Oro-Medon registration of the Plan. 4.1.2 Approval of Plans The Developer and the Engineers employed by him shall have the specifications for the works approved by the Township Engineer p construction and the originals must be stamped as accepted by th Engineer. Submit and obtain the Township Engineer's approval of the follow in accordance with the Township's approved Engineering Standards i) the drainage plan; ii) the lot grading plan; iii) the service layout plan for Electrical, Telephone and Gas; iv) the road, watermain and sewer plans and profiles; vi) landscape plans. 4.1.3Environmental Compliance Approval Submit to the Township, the Ministry of the Environment's Enviro Compliance Approval for Storm Sewer Works (ECA 1544-8UBJSX); and Stormwater Management Ponds (ECA 3763-8VER76) and Waterworks Services (ECA 3960-8RPMG9). 4.1.4 Contractor The said services shall be installed by a contractor or contrac the Developer and approved, in writing, by the Township Engineer Township and Township Engineer are to be provided with the names phone numbers of personnel responsible for the works, including phone numbers. 4.1.5 Scheduling of Works Prior to the start of construction, the Developer shall supply Engineers, approval of a Schedule of Works, setting out the orde considers the various sections of the works within the Plan will Township Engineer may amend this Schedule and the Developer shal construct, install or perform the works as the Township Engineer, from time to time, may direct. In any event the Schedule, or amended Schedul case may be, shall conform to the requirements of Clause 4.1.9. 13 Page 198 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... 4.1.6 Stormwater Management A stormwater management report shall be prepared by the Develop Engineer for approval by the Township Engineer and the Nottawasa Conservation Authority which details the means whereby stormwate will be accommodated and how erosion and siltation will be conta both during and following construction. This report must deal w development stormwater quality and shall conform to Ministry of Environment/Ministry of Natural Resources Interim Stormwater Qua Guidelines. Storm sewars are required to be constructed to disch stormwater from the development to existing Stormwater Managemen located on the adjacent lands owned by Skyline Horseshoe Valley constructed through ECA 3763-8VER76. 4.1.7 Erosion and Siltation Control The Developer must take all necessary precautions to prevent er sedimentation of sewers, ditches, culverts, slopes, etc., both w subdivision and downstream prior to and during construction and completion of servicing of the subdivision. Failing adequate pr taken, the Developer shall be responsible for correcting any dam paying all maintenance costs resulting there from. A Storm Drainage and Siltation Control Plan shall be prepared by Developer's Engineer for approval by the Township Engineer and t Nottawasaga Valley Conservation Authority. Prior to any grading construction commencing on the site or final approval and regist subdivision, the Developer's Engineer shall submit the Plan for approval by the Township Engineer and the Nottawasaga Valley Conservation Author Plan shall detail the means whereby erosion and siltation and th be minimized on the site during and after the construction perio must deal with post development stormwater quality and shall con Ministry of Environment/Ministry of Natural Resources Interim Stormwater Quality Guidelines. The Developer agrees to carry out, or cause out, the work approved in the Plan, and such work will be certified, in writing, by the Developer's Engineer and provided to the Township Engineer a Nottawasaga Valley Conservation Authority. The Developer agrees all erosion and siltation control devices in good repair during 4.1.8 Signs Signs at least 1.2 metres by 1.8 metres shall be provided and e Developer at each entrance to the subdivision, at a location app Township Engineer, and the signs shall read as follows: "ROADS NOT ASSUMED BY TOWNSHIP - USE AT YOUR OWN RISK" The signs shall be painted either orange or yellow with black le signs shall be installed prior to the commencement of constructi removed after the issuance of the Certificate of Substantial Completion and Acceptance (Aboveground Services). 4.1.9 Notification of Commencement and Completion The Developer shall not commence the construction of any of the the Developer has provided forty-eight (48) hours written notice Engineer, of his intent to commence work. The Developer shall complete the works expeditiously and contin first phase and all underground services shall be installed with day of registration of this Agreement, and all aboveground servi installed in accordance with the Declaration of Progress and Com required under Clause 7.12 of this Agreement, but no longer than from the date of registration of this Agreement, unless extended Township Engineer. Subsequent phases shall be completed within 14 Page 199 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... year time frame for underground services and two (2) years for a services from date of commencement. Should for any reason there cessation or interruption of construction, the Developer shall p (48) hours written notice to the Township Engineer before work i If the municipal services to be constructed by the Developer und Agreement are not completed and accepted by the Township within time frame, the Township may either; Give notice to the Developer to stop work on the said municipal provide that no further work shall be done with respect to such amending Agreement, incorporating the standards, specifications and financial requirements of the Township, in effect as of that date, is executed by all parties; or Give notice to the Developer to stop work on the municipal ser the Developer that the Township proposes to realize on its secur proceed with the completion of construction in accordance with t of the Plans filed with the Township. 4.2 BREACH OF AGREEMENT If the Developer commences or causes construction of the works p requirement of this Agreement, it shall be subject to the penalt 15 Page 200 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... PART - 5 FINANCIAL REQUIREMENTS 5.1 DEVELOPER'S EXPENSE Every provision of this Agreement, by which the Developer is ob shall be deemed to include the words "at the expense of the Deve specifically stated otherwise. 5.2 TOWNSHIP'S LEGAL, PLANNING AND ENGINEERING COSTS The Developer agrees to pay to the Township, the cost of the Tow Planner for all costs involved in processing the subdivision and Engineer for checking of plans and specifications and inspection Township. The inspection by the Township will depend on the typ and the amount provided will be deemed necessary by the Township TEN THOUSAND the Developer agrees to pay to the Township, the sum of DOLLARS ($10,000.00) upon submitting a Plan to the Township for consideration to be applied to account of such costs. As accounts are received f Planner, lawyer and Engineer, they will be paid by the Township the Developer for reimbursement within thirty (30) days, so that again be built up to enable the Township to pay the next accounts as they are FIVE THOUSAND received. In the event that the deposit is drawn down to a leve DOLLARS ($5,000.00) , or less, and the Developer does not pay the accounts within thirty (30) days, it is hereby understood and agreed that the De default of this Agreement and the Township may, without notice, invoke default provisions as set out in this Agreement. 5.3 DEVELOPER'S LIABILITIES Until the Township has issued the Certificate of Maintenance and the works, the Developer shall indemnify the Township against al action, suits, claims and demands whatsoever which may arise eit indirectly by reason of the Developer undertaking the Plan, and the Township shall not be deemed to be the Developer. 5.4 UTILITY COSTS AND CHARGES The Developer shall deal directly with all Utility companies. Engineer shall obtain all approvals and permits and pay all fees directly to the Utility until the Certificate of Maintenance and Final Acceptance (Underground Services) are issued. If an additional electrical service is required for Township pur shall include the cost of installation and maintenance of the se 5.5 DEVELOPMENT CHARGES, REAL PROPERTY TAXES AND OTHER LEVIES AN IMPOSTS a) Development charges and education development charges shall b a per-lot basis prior to the issuance of the first Building Permit with respect to the particular lot. The Developer agrees to pay for all arrears of taxes or other T provincial charges, taxes or levies outstanding against the prop described before the approval of the said Plan is obtained. The further undertakes and agrees to pay taxes levied on the said la basis and in accordance with assessment and collector's roll ent time as the lands herein being subdivided have been assessed and the Collector's Roll according to the Registered Plan. c) Before the Plan is approved, the Developer agrees to commute Township's share of any charges made under the Drainage Act and 16 Page 201 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... Municipal Act, 2001, S.O. 2001, c.25 at present serving this pro assessed against it. These charges are set out in Schedule "F" of this Agreement. NOTE: In addition to the Municipal Development Charges, the lots ma subject to Simcoe County development charges, Simcoe County Boar of Education development charges and applicable development char of any Public Utility. 5.6 SECURITIES Prior to signing the Subdivision Agreement, the Developer will Treasurer of the Township to cover the faithful performance of the contract for the installation of the said services and the payment of all obligations arising thereunder, the following securities: a) Cash in the amount of one-hundred percent (100%) of the esti said work as approved by the Township Engineer and Township Coun b) An irrevocable Letter of Credit from a Chartered Bank, issue with the requirements of Schedule K with an automatic renewal amount of one hundred percent (100%) of the estimated costs of t works, as set out in Schedule "D" and as approved by the Townshi The Letter of Credit shall be for a minimum guaranteed period of or such time as the Township decides, and shall be renewed autom necessary, three (3) months prior to expiration. Unless the Let renewed as noted above, the Township shall have the absolute rig to issue Building Permits and to prohibit occupancy of homes, wh or fully completed, from the said date, three (3) months prior to the expiration of the Letter of Credit, or the Township may cash the Letter of Cre satisfactory Letter(s) of Credit is received by the Township. c) Notwithstanding the provisions of subparagraphs (a) and (b) estimated cost of the works, as set out in Schedule "D", will be updated by the Township Engineer on each anniversary of the date execution of this Agreement. In the event of an increase, the D provide additional security, as required by the Township Enginee (30) days of notice, by registered mail, from the Township Engineer. In the event that the Developer fails to deliver to the Townsh security as required by the Township Engineer, it is hereby unde agreed that the Developer be deemed to be in default of this Agr the Township may, without notice, invoke default provisions as s Agreement. The Township reserves the right to accept or reject any of the methods of providing securities. Prior to depositing the securi Developer's Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been will be set out in Schedule "D" of this Agreement and will becom the limits of the securities. In the event that the tendered contract price for the Township s Schedule D is greater by 10% than the estimates in the said Sc the security provided for above shall be increased to an amount tendered contract price. d) Application any Letter of Credit or security filed with th the estimated cost of completing the various matters prescribed Agreement. However, all Letters of Credit and security received may be used as security for any item or any other matter, which of this Agreement, is the responsibility of the Developer, including, without limiting the generality of the foregoing, payment of Engineering, legal, 17 Page 202 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... Development Charges, or other costs incurred by the Township, wh responsibility of the Developer under the terms of this Subdivision Agreement, as well as development charges and costs to acquire lands or intere e) Default if, in the event of default of the Developer under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township (its servants, agents or sub-cont the Township so elects, have the right and privilege at all time said lands for the purpose of repairing or completing any work o to be completed by the Developer under this Agreement. f) Exceeding Cost Estimates if the costs of completing such w exceeds the amount of security held by the Township, such excess by the Developer to the Township, thirty (30) days after invoici All overdue accounts shall bear interest at the rate of 12% per g) Save Harmless the Developer, on behalf of itself, its succ agrees to indemnify and save harmless the Township from and agai all claims, suits, actions and demands whatsoever which may aris or indirectly by reason of any work or service performed by the servants or sub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter o suits, claims or demands was not caused intentionally or through negligence on the part of the Township, its servants or agents o h) Construction Lien Act if the Township becomes obligated to payments, or pay any costs under the provisions of Section 17(4) Construction Lien Act, this will constitute a default and entitle the Township to realize upon its security. i) Surplus Funds in the event that the Township cashes a Lett complete Township services or satisfy any obligations under this surplus monies that remain after this work is completed shall, upon full compliance by the Developer with the terms of this Agreement, be returned to the issuing financial institution for transmission to that party that took out the original Letter of Credit. 5.7 DISCHARGE OF SECURITIES 5.7.1 Estimated Cost of Works - after the completion of fifty percent (50%) of the services based on the total estimated cost of works in the subdi approved stage of the subdivision, and provided the Developer is with all aspects of the Subdivision Agreement, the Developer sha further proceeds to completion, have the privilege, on applicati and upon certification of the Township Engineer, of obtaining reductions of the cash or Letter of Credit deposited for the installation of the s of not less than ten percent (10%). Upon application for reduct securities, the Developer's Engineer shall provide an estimate o complete the work. This amount, when approved by the Township Engineer, shall be retained along with twenty percent (20%) of the completed wor the remainder released. A further ten percent (10%) of the comp estimate will be released upon satisfactory assurance to the Tow are no liens pursuant to the Construction Lien Act affecting lan be conveyed to the Township within the Plan of Subdivision, purs of this Subdivision Agreement. 5.7.2 Final Occupancy and Lot Grading Deposit - the Developer or shall deposit with the Township, the required Final Occupancy an Deposit at a rate applicable at the time of the issuance of Building Permits. Upon certification of final grade elevations indicating that the prop developed in conformity with the General Location and Lot Gradin Professional Engineer registered with the Association of Professional Engineers of Ontario and approved by the Township Engineer, the balance of th be returned. 18 Page 203 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... 5.8 STATUTORY DECLARATION OF ACCOUNTS PAID The Developer agrees that upon applying for a Discharge of Secu Certificate of Substantial Completion and Acceptance, or for a C Maintenance and Final Acceptance for the services within the subdivision, or upon applying for prior acceptance of the underground services, he sh Township with a Statutory Declaration that all accounts for work services have been paid and that the Construction Lien Act has b and that no liens thereunder have or can be registered, except normal guarantee holdbacks, and that there are or will be no claims for liens or with such work done or materials supplied for or on behalf of th connection with the subdivision. 5.9 PLEDGE OF TITLE TO LANDS The Developer hereby charges and pledges as security for all co or obligations of the Developer under the provisions of this Sub its right, title and interest in the said lands, and consents to Subdivision Agreement against title to the said lands. 5.10 INSURANCE CERTIFICATE AND POLICY 5.10.1 Policy of Insurance - the Developer shall lodge with the to the execution of the Agreement, an insurance certificate with company satisfactory to the Township, (which said approval shall unreasonably withheld or delayed), and insuring for the joint be Developer, their agents and the Township and their agents, again liability that may arise out of the construction or installation of any work to be performed pursuant to this Agreement and for a period of one (1) completion and acceptance of the Township services to be constru 5.10.2 Comprehensive General Liability/Environmental Impairment - such policy shall carry limits of liability in the amount to be specified by the Township, but FIVE MILLION DOLLARS ($5,000,000.00) in no event shall it be less than inclusive comprehensive general liability, environmental impairment liability in FIVE MILLION DOLLARS (5,000,000.00) an amount not less than , and such policy shall contain: a) a cross-liability clause; b) product/completed operation coverage; c) shall not have an exclusion pertaining to blasting, provide blasting required to be done shall be done by an independent; d) shall include the following names as insureds: (i) THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE 5.10.3 Notice of Cancellation - a provision that the insurance c notify the Township within fifteen (15) days in advance of any c expiry of the said insurance policy. 5.10.4 Certificate of Coverage - any certificate of coverage filed with the Township Clerk shall specifically contain their confirmation tha includes (a), (b), (c) and (d) above and are in effect. 5.10.5 Confirmation of Premium Payment - the Developer shall, from time to time as required by the Township, provide confirmation that all premiums policy or policies insurance have been paid, and that the insura force and effect. The Developer shall see that a copy of the po the Township annually. 5.10.6 Claim in Excess of Policy Limits - the issuance of such shall not be construed as relieving the Developer from responsib or larger claims, if any, and for which it may be held responsib 19 Page 204 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... PART - 6 STAGING OR PHASING 6.1 STAGING OR PHASING The Township, in its sole discretion, may instruct the Develope services in particular stages or phases suitable to the Township must comply on terms to be agreed to by the Township. If the Township does not so instruct, the Developer, before commencement of any work, may re Township's permission to divide the area of the subdivision into the work is thus staged, as approved by the Township, then in li payment or Letter of Credit, all as set out in Clause 5.6 for on (100%) of the estimated costs, as approved by the Township Engin shall deposit security for part of the services the Township has proceeding with an additional stage, the Developer shall obtain the Township and no service will be permitted to be installed an issued until this approval has been received and additional secu When fifty percent (50%) of the lots of the subdivision or stage have been built upon and all the services have not been complete the Township Engineer, the Township reserves the right to refuse the next stage until all services have been installed and approv In no event will further subdivisions of the Developer or stage Developer be approved if all services of the active stage approv Engineer have not obtained substantial completion (underground) period after registration of this Agreement. Notwithstanding anything hereinafter set out, the Township shal assume the responsibility for and take over the subdivision serv percent (50%) of the lots on the subdivision or stage of the sub completed dwellings erected therein and Final Certificate of Occupancy have been issued. The Developer shall be responsible for the maintenance services, in this case. The subdivision is to be developed in the following Phases: Phase 1 Lots 1 to 15 Plan 51M- 20 Page 205 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... PART - 7 CONSTRUCTION REQUIREMENTS 7.1 WORKS TO BE INSTALLED The works to be installed are set out in Schedule "C" to this A Schedule is to set out the works in general terms only and shall covering all items in detail. The works are to be designed and constructed in accordance with Engineering Standards adopted by By-Law by the Township at the time of signing of the Subdivision Agreement. A copy of these standards is available at the Municipal Office. If at any time, and from time to time during the development of Township Engineer is of the opinion that additional works are ne adequately any of the public services required by the Plan, the Developer shall construct, install or perform such additional works at the reque Engineer. 7.2 CONSTRUCTION OF WORKS Following the registration of this Agreement, the Developer sha constructed, all requisite works in order to provide services to blocks within the Phase. 7.3 HYDRO ONE 7.3.1 Any development in conjunction with the subdivision must not block vehicular access to any Hydro facilities located on the right-of-way. 7.3.2 The Developer shall make arrangements satisfactory to Hydr crossing of the Hydro right-of-way by the proposed roads. A sep shall be submitted to Hydro One area office for these future roa 7.3.3 The cost of any relocations or revisions to Hydro One faci necessary to accommodate this subdivision will be borne by the d 7.3.4 The easement rights of Hydro One are to be protected and maintained. 7.4 PRESERVATION AND PLANTING OF TREES 7.4.1 The Developer shall preserve all healthy trees within the limits of the subdivision, where possible. If, in the opinion of the Township indiscriminate removal of trees takes place within the limits of the Plan of Subdivision, including road allowances and individual lots, the have the option of having a Stop Work Order on construction of t and/or building on a particular lot where the removal is taking not be allowed to proceed until the Township is satisfied that t not continue and the Developer/Builder agrees to carry out remed requested by the Township. The Developer agrees to provide a co clause to each and every prospective builder/prospective purchas 7.4.2 The Developer shall plant minimum two (2) hardwood trees ( of a minimum of 50mm caliper on each lot having less than three front yard(s). The type of tree must be satisfactory to the Tow 7.5 MOVEMENT OF FILL The Developer covenants and agrees that he shall not dump, nor dumped, any fill or debris on, nor shall he remove or permit to be removed, any fill, 21 Page 206 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... topsoil, trees or shrubs from any public or Municipal lands, without the written consent of the Township Engineer. 7.6 BLASTING Before any blasting is proceeded with by the Developer, the Dev from the Township Engineer or Township Public Works Official, wr carrying out the blasting operation, and shall obtain the blasti of insurance for all damage or claims for damage resulting from the blasting operation. The Developer, in any event, shall be responsible for any such c 7.7 ACCESS ROADS All access roads must be maintained by the Developer in good re the Township Engineer and Township Public Works Official during construction, including dust control and the removal of any mud the subdivision, and no roadway outside the limits of the proposed subdivision may be closed without the written consent of the Township Public Works Official. For the purpose of getting such consent, the Developer shall advise the Works Official and the Township Clerk of the date and time they roadway. The Township reserves the right to limit or prohibit the use of any existing access road by the Developer. 7.8 DAMAGE TO EXISTING PLANT The Developer shall repair any damages caused to an existing ro or existing structure or plant located on the road allowance as subdivision development and shall pay for any costs involved in existing services, such as hydrants, telephone poles, etc., whic necessary because of the development of the subdivision. In thi Developer's Engineer shall arrange for an inspection with the To Official and Township Engineer for the purpose of compiling an i conditions prior to work on the subdivision. Otherwise, the Tow Officials assessment of conditions prior to construction will b 7.9 DUST CONTROL Until the Certificate of Substantial Completion and Acceptance has been issued, the Developer shall apply calcium or other Mini Environment approved dust suppressant to the roads within the su utilized by construction traffic, in quantities sufficient to pr traffic or home occupants, to the satisfaction of the Township E If the Developer has not taken remedial action within twenty-fou receiving a written notification (via facsimile) from the Townsh dust control problem, then the Township's Engineer, at their sol employ outside forces to implement, at the Developer's expense, of dust control. 7.10 CONSTRUCTION REFUSE All construction refuse, garbage and debris from the subdivisio in an orderly and sanitary fashion by the Developer, off the sit licensed landfill site. The Township is not responsible for the removal or disposal of refuse, garbage and debris. Open air burning is not permitted b Developer agrees to deliver a copy of this clause to each and ev Building Permit for any lot or part of a lot on the said Plan of 7.11 INSPECTION OF CONSTRUCTION OF SERVICES During construction of the services, the Township may inspect t such times and with such duration and frequency as the nature of construction may dictate. Subject to the obligations of the Township Engineer to protect the interests of the Township through such inspections, 22 Page 207 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... made to keep duplication of engineering services on site to a mi inspections, the Township Engineer perceives that construction, otherwise, constitutes an immediate danger to life or property, or construction does not conform to acceptable practice in order to meet the requirements have the authority to cease construction operations by verbal no and/or the Developer's Engineer, such notice to be confirmed, in possible, thereafter. A copy of this clause shall be delivered and every contractor engaged in construction of services for the 7.12 DECLARATION OF PROGRESS AND COMPLETION 7.12.1 Prior to the approval of the underground services, the D the Township Engineer with an undertaking for the completion dat remaining works required by this Agreement and in a form similar to that attached to this Agreement as Schedule "I", the Declaration of P Completion, for approval of the Township Engineer. The Township the right to alter the completion dates, if the timelines are co inappropriate, and the Developer agrees to complete the services revised completion dates. 7.12.2 It is understood and agreed that should the Developer fai remaining services, as stipulated, and by such dates as provided Declaration, the Developer shall pay to the Township, as pre-det FIFTY DOLLARS($50.00) liquidated damages, the sum of for each and every NO FURTHER day the said services are behind schedule of construction, and BUILDING PERMITS SHALL BE ISSUED. 7.12.3 The Township recognizes that top-lift asphalt cannot be placed until 50% of the lots have completed dwellings and that should not be altered by 7.13 PROGRESS OF WORKS After the completion of the underground services, the Developer Declaration of Progress and Completion for the approval of the T and from that date, the said Declaration shall apply and take pr 4.1.5. Prior to signing the Declaration of Progress and Complet shall install all works in accordance with the Schedule of Works Township Engineer. If he fails to adhere to the scheduling prov Schedule of Works or the Declaration, or having commenced to ins works, fails or neglects to proceed with reasonable speed, or in aforesaid works are not being installed in the manner required by the Township Engineer, then upon the Township Engineer giving seven (7) days prepaid registered mail to the Developer, the Township Engineer notice, enter upon the said land and proceed to supply all mater necessary works in connection with the installation of the said repair or reconstruction of faulty work and the replacement of materials not in accordance with the specifications, and to charge the costs ther Engineering fee of ten percent (10%) of the cost of such materia Developer who shall forthwith pay the same upon demand. If the pay the Township within thirty (30) days of the date on the bill, the money owing may be deducted from the cash deposit or Letters of Credit. It is u between the parties hereto that such entry upon the land shall be as agent for the Developer, and shall not be deemed for any purpose whatsoever, a assumption of the said works by the Township. The Township, in addition to all other remedies it may have, may Building Permits until such works are completely installed in ac requirements of the Township Engineer. It is agreed that a copy delivered by the Developer to each and every builder obtaining a any lot or part of a lot on the said Plan. 23 Page 208 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... 7.14 SUBSTANTIAL COMPLETION OF UNDERGROUND SERVICES It is intended that the storm sewer system, stormwater works an constructed, inspected and approved prior to the completion of t including roads,boulevards, utilities and street lights. Building Permits will not be issued until the Township Engineer Certificate of Substantial Completion and Acceptance (Municipal Services). The two (2) year maintenance period for the undergro commence when this Certificate is issued. During the maintenance period, the Developer shall be responsibl operation and maintenance and all repairs for the services noted If, during the two (2) year maintenance period, the Developer f rectification and repair work as requested by the Township, then carry out the work and be reimbursed the cost of the work from t securities, as set out under Clause 9.3. Notwithstanding anything hereinafter set out, the Township shall assume the responsibility for and take over the subdivision serv percent (50%) of the lots on the subdivision or stage of the sub completed dwellings erected therein and Final Certificate of Occupancy have been issued. The Developer shall be responsible for the maintenance services, in this case. 7.15 EMERGENCY REPAIRS Employees or agents of the Township may enter onto the lands at any time, or from time to time for the purpose of making emergency repairs to any entry and repairing shall not be deemed an acceptance of the wor or any assumption by the Township of any liability in connection of the Developer from any of his obligations under this Agreemen 7.16 USE OF WORKS BY TOWNSHIP The Developer agrees that: I. The works may be used prior to acceptance by the Township or persons for the purpose for which such works are designed. II. Such use shall not be deemed an acceptance of the works by t III. Such use shall not in any way relieve the Developer of his the construction and maintenance of the works so used. 7.17 DRAINAGE AND LOT GRADING All lots and blocks within the Plan and all lands abutting the P drain in accordance with the Lot Grading Plan LG-1 prepared by P Engineering Ltd., and approved by the Township Engineer and the fill and re-grading of lots may be necessary during or after bui Grading Plan shall show all existing and final grades on lot cor elevations, where deemed necessary by the Township Engineer. It is understood and agreed by the parties hereto that drainage lots and blocks on the Plan is the sole responsibility of the respective lot owners once the required drainage works have been constructed by the Develop The storm swales shall be landscaped and maintained by all subse The purpose of the storm swales is to accommodate storm drainage subject lot and adjacent lands. No lot owner in the subdivision impede storm drainage in any manner whatsoever. In the event th any subsequent lot owner, obstructs, impedes, or interferes with 24 Page 209 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... flow through any part of the storm swale, or interferes with the from any connecting swales, then the Township shall have the rig enter upon the subject lands to rectify such problems so that th their original purpose. Within the swale area, the Developer, and any subsequent lot own construct any works, remove, or permit to be removed, any soil f swale/easement, excavate, drill, install, erect, or permit to be excavated, drilled, installed or erected in, over, upon, under or through the said s fence, well, foundation, pavement, building or other structure or other installation. The lot owner of any lot in the subdivision upon which the Towns the purpose of rectifying the said work, hereby agrees to indemn Township from and against all claims, demands, actions or causes whatsoever arising as a result of the Township or of its servant upon the lands for the purpose of correcting drainage problems. work will be for the account of the lot owner. Any invoices not paid within thirty (30) days after the due date, shall be added to the tax roll and coll realty taxes, as per Section 427 of the Municipal Act, 2001. The Developer agrees to deliver a copy of this clause to each an purchaser and/or builder obtaining a Building Permit for any lot said Plan of Subdivision. Generally, the drainage facilities will consist of urban cross section including curb and gutter and storm sewers to provide a satisfactory drainage outle accordance with the Storm Drainage Plan STM-1 and Plan Profile P McCuaig Engineering Ltd. and approved by the Township Engineer a 7.18 DEFINITIONS For the purposes of this Subdivision Agreement: (i) The term "Underground Services" shall mean the storm drainag culverts, storm sewer and storm drainage works); the waterwork piping, values, hydrants, services to lots, sample station, and underground electrical distribution system and street lighting s Subdivision, as more particularly described in Schedule C to this Subdivision Agreement. (ii) The term "Certificate of Substantial Completion and Accept Underground Services)" shall mean a Certificate issued by the To recommendation of the Township Engineer confirming that the Muni Underground Services to be installed by the Developer under the this Subdivision Agreement, as more particularly identified in Schedule "C", have been substantially completed in accordance with plans and specif reviewed and accepted by the Township Engineer. The issuance of of Substantial Completion and Acceptance (Municipal Underground shall not constitute an assumption of the Municipal Underground Township. (iii) The term "Certificate of Maintenance and Final Acceptance Underground Services)" shall mean a Certificate issued by the To recommendation of the Township Engineer confirming that the Muni Underground Services constructed by the Developer, in accordance terms of this Subdivision Agreement, and as more particularly identified in Schedule "C", have been satisfactorily completed and maintained Developer during the two-year (2) maintenance period, and issuan Certificate shall constitute final acceptance and assumption of Underground Services by the Township. 25 Page 210 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... (iv) The term "Aboveground Services" shall mean all Municipal s constructed by the Developer pursuant to the terms of this Subdi Agreement, as more particularly identified in Schedule "C", excl Underground Services. (v) The term "Certificate of Substantial Completion and Accepta Services)" shall mean a Certificate issued by the Township upon recommendation of the Township Engineer confirming that the Abov Services to be installed by the Developer under the provisions o Agreement, as more particularly identified in Schedule "C", have substantially completed, in accordance with plans and specificat accepted by the Township Engineer. The issuance of a Certificate of Substantial Completion and Acceptance (Aboveground Services) shall constitut assumption of the Aboveground Services by the Township for winte only. (vi) The term "Certificate of Maintenance and Final Acceptance Services)" shall mean a Certificate issued by the Township upon recommendation of the Township Engineer confirming that the Abov Services constructed by the Developer in accordance with the ter Subdivision Agreement, and as more particularly identified in Sc been satisfactorily completed and maintained by the Developer du year (2) maintenance period, and issuance of the said Certificat final acceptance and assumption of the Aboveground Services by t (vii) The term "Certificate of Substantial Completion and Accept Certificate of Substantial Completion and Acceptance (Municipal Services) or a Certificate of Substantial Completion and Accepta (Aboveground Services), as the provisions of this Subdivision Ag (viii) The term "Certificate of Maintenance and Final Acceptance" means a Certificate of Maintenance and Final Acceptance (Municipal Underground Servi Certificate of Maintenance and Final Acceptance (Aboveground Ser provisions of this Subdivision Agreement require. 26 Page 211 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... PART - 8 BUILDING PERMITS AND OCCUPANCY 8.1 TOWNSHIP OF ORO-MEDONTE The Developer further agrees that he or any person, persons, or title through the Developer, will not apply for a Building Permi the said lands or on any lot therein, and no Building Permit sha Certificate of Substantial Completion and Acceptance (undergroun issued. The Developer's Engineer shall prepare an overall Lot Developme by the Township, Township Engineer and the Nottawasaga Valley Co Authority as a further requirement to Clause 7.17. The Plan sha a) envelopes for the proposed house and any adjacent structures b) existing and proposed grades of the disturbed area of lot aft and sewage works have been completed. c) existing and proposed grades on lot corners and mid-lot eleva d) location and type of proposed water supply and sanitary sewer 8.1.1 The Developer agrees to advise all prospective lot Developers that a detailed Site Development Plan for each lot may be required to be prepare Professional Engineer registered with the Association of Profess Engineers of Ontario, for approval by the Township Engineer for respective lot. Site Development Plans, which conform to the ov Development Plan at an approved metric scale using metric dimens elevations, shall include the following: a) the location, dimensions and elevations of the proposed dwell any structures to be located on the lot, as well as any adjacent structures on the adjacent lot(s). b) the location, size and elevation of the sanitary service to t all engineering design criteria and standards pertaining thereto be provided. c) the location and type of water supply, including the water se to the dwelling. d) the existing and proposed grades of the disturbed area on the after building, drainage and sewage works have been completed. e) the location and grades of any proposed drainage swales. f) the Professional Engineer will be required to check the eleva the footings of the buildings prior to further construction to e conformity with the approved Plans noted above. g) the Professional Engineer will be required, prior to the issu Final Inspection Report, to certify to the Township, in writing, foregoing works have been carried out in accordance with the approved Plans noted above. 8.1.2 The Developer further agrees to construct all works requ 7.17, as shown on the approved Lot Grading Plan LG-1, Storm Drai STM-1, Plan Profile PP- 1, Erosion Control Plan EP-1, General GS-1, Notes and Details ND-1 and ND-2 and Composite Utility Plan prepared by Pearson McCuaig Engineering Ltd., to the satisfaction of the Township and the Township Engineer. 27 Page 212 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... 8.2 REQUIREMENTS FOR BUILDING PERMITS The approval of the Plan by the Township, or the acceptance by works, shall not be deemed to give any assurance that the Buildi applied for, will be issued in respect of the lots or blocks sho Notwithstanding the foregoing, no Building Permits will be give Official may refuse any application until: (i) Sewage system approvals have been obtained and submitted to The Township of Oro-Medonte sewage approval authority requiremen out in Clauses 7.17 and 8.1. (ii) The Storm Water Management System and Waterworks have been tested and approved by the Township Engineer and he has issued h Certificate of Substantial Completion and Acceptance (Municipal Underground Services). (iii) Plans for remaining underground services such as Bell Tel Natural Gas have been approved. (iv) A "Builders" road consisting of the grading, curb and gutt full depth of Granular "B" sub-base, has been constructed on the access to the lot. (v) Approval of the Township Engineer has been obtained for the construction of any buildings to be erected on lots or blocks listed in Schedule (vi) Signs denoting "Unassumed Roads" have been installed at th subdivision in a location acceptable to the Township, in accorda 4.1.8. (vii) A Certificate Letter and Lot Development Plan has been gi Developer's Consulting Engineer or a Professional Engineer regis Association of Professional Engineers of Ontario, that the building to be erected on any lot or block within the Plan, for which a Building Permit for, is in conformity with the General Location and Lot Grading received the approval of the Township Engineer with respect to a the Grading Plan. The individual Lot Development Plan must be approved by the To Engineer prior to the issuance of a Building Permit. A copy of payment to the Township must be provided to the Township Enginee their review of the Lot Development Plan. (viii) All dead trees within the limit of the Plan have been removed. (ix) Arrangements have been made and approved by the Township fo Address System numbering, as set out in Clause 8.4. (x) The Traffic and Street Name signs have been installed and a Township Engineer. (xi) Any Development Charges have been paid, in full, in accorda applicable Development Charge By-Laws, enacted pursuant to the Development Charges Act, 1997, as well as By-Laws enacted pursua Section 257.53 of the Education Act, or alternate arrangement sa the body enacting the Development Charge By-Law, have been made same has been communicated to the Chief Building Official for th Oro-Medonte, in writing, by such a body. 28 Page 213 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... 8.3 LOTS UNSUITABLE FOR BUILDING OR LOTS REQUIRING SPECIAL ATTENTION Any lot, which will require special attention in order to be se Schedule "E" of this Agreement. Prior to the issuance of a Building Permit for any lot listed in Schedule "E", the Developer's Engineer must submit a l Engineer outlining the measures to be taken to correct the probl proposal must be approved prior to applying for a Building Permi 8.4 MUNICIPAL ADDRESS SYSTEM The Developer shall be responsible for obtaining the municipal numbers for each and every lot from the Municipal Office. As a order to obtain a Provisional Certificate of Occupancy, the Developer and/or builder or lot owner, shall install the aforementioned number at a location Township. The Developer agrees to provide a copy of this clause builder or lot owner in advance of the sale of such lot(s). 8.5 REQUIREMENTS FOR OCCUPANCY 8.5.1 No buildings erected on the lots or blocks within the Plan PROVISIONAL CERTIFICATE OF OCCUPANCY a has been issued by the Township in accordance with the Township Building and Plumbing B PROVISIONAL CERTIFICATE OF OCCUPANCY means a permit issued to allow occupancy of a building. A FINAL CERTIFICATE OF OCCUPANCY 8.5.2 will not be issued until: (i) The roadway has received the granular roadbase ma the base course of asphalt, provided asphalt is commercially ava (ii) The underground electrical, telephone lines, gas have been installed and approved by the Township Engineer. (iii) A Certificate Letter and individual Lot Development P given by the Developer's Consulting Engineer, or a Professional Engineer registered with the Association of Professional Enginee Ontario, that the building constructed, and the final grading of lot or block, is in conformity with the General Location and Lot Plans, or such variance there from has been approved by the Town Engineer. The final grading on the individual Lot Development Plan must b FINAL approved by the Township Engineer prior to the issuance of a CERTIFICATE OF OCCUPANCY . FINAL CERTIFICATE OF OCCUPANCY means a permit issued when all outstanding items on a Provisional Certificate of Occupancy, including grading, have been completed. (iv) Driveway culvert and end protection has been prov satisfaction of the Township, in accordance with the Townships Engineering Standard. (v) The trees have been planted on the lot by the Developer in a with Clause 7.4. Trees shall be planted prior to assumption. (vi) Any deficiencies on a Provisional Certificate of Occupancy complied with. It is agreed that a copy of Part 8 shall be deli Developer to each and every builder obtaining a Builder's Permit prospective purchaser of the dwelling for any lot or part of a l said Plan. 29 Page 214 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... 8.6 OCCUPANCY LIQUIDATED DAMAGES Notwithstanding the above, if for any reason whatsoever, occupa occurs before the vital services listed in Clause 8.5 are instal to the satisfaction of the Township Engineer, then the Developer agrees to pay to the ONE HUNDRED DOLLARS Township, liquidated damages in the amount of ($100.00) , per dwelling, per day, to cover the additional costs of admini inspection and fire protection, etc. The liquidated damages to include the date of occupancy and end when the Developer obtains the Township Engineer that the vital services are satisfactorily installed. If the Developer fails to pay to the Township, monies owing under this clause within thirty (30) days of the date of the bill, the money may be deducted fro Letter of Credit or other deposited security. 30 Page 215 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... PART - 9 MAINTENANCE AND ACCEPTANCE 9.1 FINAL ACCEPTANCE OF MUNICIPAL UNDERGROUND SERVICES On receipt of the Developer's request for a final inspection of services, the Township Engineer will again inspect the work and if satisfied, will recommend to the Township that the Certificate of Maintenance and Final Acceptance (Municipal Underground Services) be issued. It should be noted Maintenance and Final Acceptance (Municipal Underground Services for by the Developer two (2) years after the receipt of the Certificate of Substantial Completion and Acceptance (Municipal Underground Services). Notwithstanding anything hereinafter set out, the Township shall assume the responsibility for and take over the subdivision serv percent (50%) of the lots on the subdivision or stage of the sub completed dwellings erected therein and Final Certificate of Occupancy have been issued. The Developer shall be responsible for the maintenance services, in this case. The Developer will be responsible for these operation costs unti assumed the responsibility of these services. 9.2 SUBSTANTIAL COMPLETION OF ABOVEGROUND SERVICES When all of the services have been completed, including the sur accordance with this Agreement or in a particular stage, the Tow Public Works Official shall make an inspection to ensure that th the road system. The Township Engineer shall issue a Certificat Completion and Acceptance (Aboveground Services) when the works the Township. This Certificate may contain a list of minor deficiencies, which have to be corrected by the Developer, but which are not considered of sufficient importance to delay the issuance of the Certificate and the acceptance of the services by the Township. The two (2) year maintenance period will commence whe Council approves the issuance of the Certificate. 9.3 MAINTENANCE OF WORKS The Developer will be responsible for the repair and maintenanc services for a period of two (2) years from the date the Townshi Certificate of Substantial Completion and Acceptance. This shal Maintenance Period. The maintenance shall include the maintainin grass within the road allowances, as well as the parkland area o Areas which are to remain Naturalized condition will not be mo is requested to carry out this maintenance, the Developer shall Township. If, during this period, the Developer fails to carry out mainten eight (48) hours after receipt of a request from the Township, then the Township Engineer may, without further notice, undertake such maintenance work and the total cost of such work, including Engineering fees, shall be borne by Developer fails to pay the Township within thirty (30) days of the date of billing, then the money owing may be deducted from the cash deposit or Letter the maintenance period, ten percent (10%) of the original estimated cost of the works shall be retained by the Township. Towards the end of the maintenance period, the Developer shall m to the Township for a final inspection to be made and notwithsta period noted above, the maintenance period will continue for the or for thirty (30) days after the receipt of the Developer's wri inspection, whichever period of time is the greater. 31 Page 216 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... Notwithstanding anything hereinafter set out, the Township shall assume the responsibility for and take over the subdivision serv percent (50%) of the lots on the subdivision or stage of the sub completed dwellings erected therein and Final Certificate of Occupancy have been issued. The Developer shall be responsible for the maintenance services, in this case. 9.4 WINTER ROAD MAINTENANCE An exception to the liability of the Developer for all maintenance and repair of the services during the two (2) year maintenance period will be wint operation will be the Township's responsibility after the issuan Substantial Completion and Acceptance (Aboveground Services). W include snow plowing, sanding and any other winter maintenance o agreed by the Developer that the winter control operations shall not prejudice the Township's rights to enforce the maintenance provisions. Prior Certificate of Substantial Completion and Acceptance (Abovegroun however, the Developer shall be responsible for the winter contr that proper vehicular access or winter control is not provided by the Developer, the Township, through its servants, contractors, or agents, may prov the Developer. Such winter control shall be only carried out at emergency by the Public Works Official. All costs of such work Developer within thirty (30) days of the date of billing or otherwise may be deducted from the cash deposit or Letter of Credit. The cost of such works to be at the following rates: Machinery and Equipment $50.00/hr. Labour $23.00/hr. 3 Mixed Sand and Salt $12.00/m Payroll Burden - 40% Administration - 7% H.S.T. - 13% The Township may adjust these rates from time to time. The Developer further agrees that any work done by the Township Agreement before the roads are accepted by the Township, shall n any way to be an acceptance by the Township of the roads in the upon which such work is done. The Developer acknowledges that t whilst providing winter control, may damage or interfere with th Developer and covenants that he will make no claims against the interference or damage, providing the work is carried out in a n manner. 9.5 REPLACEMENT OF SURVEY BARS Prior to the final acceptance of the subdivision by the Townshi to supply a statement from an Ontario Land Surveyor approved by after the completion of the subdivision work, he has found or re monuments, standard iron bars and iron bars shown on the registe statement must be dated within two months of the date of accepta 9.6 FINAL ACCEPTANCE OF ABOVEGROUND SERVICES Upon receipt of the Developer's request for a final inspection Services, the Township Engineer will again inspect the work and if satisfied, will recommend to the Township that the Certificate of Maintenance and Final Acceptance be issued. Notwithstanding anything hereinafter set out, the Township shall assume the responsibility for and take over the subdivision serv percent (50%) of the lots on the subdivision or stage of the sub completed dwellings erected therein and Occupancy Permits have b 32 Page 217 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... Developer shall be responsible for the maintenance of the abovegservices, in this case, until the Township has assumed the responsibility of 9.7 RELEASE OF LAND The Developer, when not in default of the Subdivision Agreement requisite public services to the lands, shall be entitled to an suitable for registration in the Land Registry Office for each lot or block, which is in conformity with the overall Grading Plan for the lands or such v has been approved by the Township Engineer. Every such release shall operate as a discharge of all levies he Township in respect to each lot or block described in the releas the responsibility for drainage as outlined in Clause 9.8 and the completion and maintenance of the services. 9.8 DRAINAGE - RESPONSIBILITY OF DEVELOPER AND SUBSEQUENT OWNERS It is understood and agreed that the drainage of surface waters lands shall remain the sole responsibility of the Developer and the subsequent owners, from time to time, of the lots or blocks within the Plan of Subd subsequent owners of the lots or blocks within the Plan of Subdi shall provide and maintain adequate drainage of surface waters a lands in accordance with the provisions of Clause 7.17 of this S The Developer agrees to provide a copy of this Clause 9.8 and Cl every prospective builder/prospective purchaser of a lot or bloc Subdivision. The Developer and the owner, from time to time, of any lot or bl Subdivision upon which the Township elects to enter for the purp work, hereby agrees to indemnify and release the Township from a demands, actions or causes of action whatsoever arising as a res of its servants or agents entering upon the lands for the purpos problems. The cost of such work will be for the account of the subsequent lot owner. Any invoices not paid within thirty (30) be added to the tax roll and collected in a like manner as realt of the Municipal Act, 2001. 33 Page 218 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... PART 10 - DEFAULT PROVISIONS 10.1 DEFAULT PROVISIONS Notwithstanding anything herein before contained in this Subdiv addition to any other remedies, when the Developer is deemed by default of this Agreement, the Township reserves the right to re deposited on or on behalf of the Developer to recover costs incu accordance with the provisions of Section 5.6 of this Subdivision Agreement, and/or to restrict or refuse issuance of Building and/or Occupancy Permits agrees not to apply for any Building Permits or Occupancy Permit within the Plan of Subdivision, until such time as the Developer is in full compliance with the provisions of this Subdivision Agreement. 10.2 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and enure to the benefit o their respective heirs, executors, administrators and assigns. 10.3 SUBSTITUTION FOR APPROVALS Wherein this Agreement reference is made to any named Ministry Township of Oro-Medonte or other public body, such reference whe their approval, is deemed to be a reference to any other Ministr substituted by legislative change or policy of the Provincial Go Township. 10.4 CHARGES OR EXPENSES INCURRED BY THE TOWNSHIP The Developer further agrees that all costs, charges or expense Township in satisfying the obligations of the Developer in the e Developer under the terms of this Subdivision Agreement, togethe charges or expenses incurred by the Township in enforcing the ob Developer under this Agreement, shall be a first charge or lien accordance with the provisions of Section 446 of the Municipal A IN WITNESS WHEREOF the parties hereto have executed this Agreement and have hereunto caused to be affixed the corporate seals, duly attested officers. SIGNED, SEALED AND DELIVERED this day of _____, 20 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Per H..S. Hughes Title Mayor Per J. Douglas Irwin Title Clerk 34 Page 219 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... HORSESHOE VALLEY LANDS LTD. Per John Boville Title Per Title ROMSPEN INVESTMENT CORPORATION Per Bonnie Bowerman Title Vice President 35 Page 220 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... SCHEDULE "A" NOTE: It is understood and agreed that this Schedule forms part of th TOWNSHIP OF ORO-MEDONTE AND HORSESHOE Agreement between the VALLEY LANDS LTD. AND ROMSPEN INVESTMENT CORPORATION. DESCRIPTION OF LANDS AFFECTED BY THIS AGREEMENT ALL AND SINGULAR, that certain parcel or tract of premises, situate, lying, and being in the Township of Oro-Medonte (formerly Township of Oro), in the Count composed of the whole of the lands described as follows: Plan of Subdivision of Pt Lots 3 and 4, Concession 4 Oro, PT 15 PL 51R30671, T/W Easement over PTS 3 PL 51R30671 as in LT522878, Oro-Medonte, Tow Medonte (Geographic Township of Oro), County of Simcoe, PIN 7405 36 Page 221 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... SCHEDULE "B" NOTE: It is understood and agreed that this Schedule forms part of th TOWNSHIP OF ORO-MEDONTE AND HORSESHOE Agreement between the VALLEY LANDS LTD. AND ROMSPEN INVESTMENT CORPORATION. PLAN OF SUBDIVISION Phase 1 15 Lots PLAN OF SUBDIVISION 51-M 37 Page 222 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... SCHEDULE "C" NOTE: It is understood and agreed that this Schedule forms part of th TOWNSHIP OF ORO-MEDONTE AND HORSESHOE Agreement between the VALLEY LANDS LTD. AND ROMSPEN INVESTMENT CORPORATION. WORKS TO BE CONSTRUCTED Construction of storm sewers and appurtenances, watermains and a service connections, all road works, including roadside ditches approved Engineering Drawings to service the Ridgewood Court sub of Oro-Medonte. LIST OF DRAWINGS (Stamped by AECOM Township Engineers - Accepted Construction Date June 12, 2012) PEARSON McCUAIG ENGINEERING LTD. TITLE PAGE 51M-PLAN 51M- 51R-PLANS 51R- 51R- 51R- Notes and Details Notes and Details ND-1 Notes and Details ND-2 Erosion Control Plan Erosion Control Plan EP-1 Lot Grading Plan Lot Grading Plan LG-1 General Servicing Plans General Servicing Plan GS-1 Storm Drainage Plan Storm Drainage Plan STM-1 Plan Profile Plan Profile PP-1 Composite Utility Plan Composite Utility Plan CUP-1 38 Page 223 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... SCHEEDULE "DD" NOTTE: It is undderstood and agreeed that this Scheedule forms part oof the Suubdivisionn TTOWNSHHIP OF OORO-MEDDONTE AAND HORRSESHOOE AAgreemeent betweeen the VALLEEY LANDDS LTD. AND ROOMSPENN INVESTTMENT CCORPORRATION. 39 Page 224 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... 40 Page 225 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... 41 Page 226 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... SCHEDULE "E" NOTE: It is understood and agreed that this Schedule forms part of th TOWNSHIP OF ORO-MEDONTE AND HORSESHOE Agreement between the VALLEY LANDS LTD. AND ROMSPEN INVESTMENT CORPORATION. LIST OF LOTS REQUIRING SPECIAL ATTENTION Refer to Section 8.3 which outlines specific requirements for al obtain Building permits for each and every lot. 42 Page 227 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... SCHEDULE "F" NOTE: It is understood and agreed that this Schedule forms part of th TOWNSHIP OF ORO-MEDONTE AND HORSESHOE Agreement between the VALLEY LANDS LTD. AND ROMSPEN INVESTMENT CORPORATION. DEVELOPMENT CHARGES The Developer acknowledges and agrees that the following develop payable on a per-lot basis prior to the issuance of a Building P alternative arrangements with the body enacting the By-Law relat or education development charges, which arrangements have been b of the Chief Building Official, all charges are payable by cash funds to the Chief Building Official of the Township: (i) Development charges in accordance with the Township o the rate applicable, upon the issuance of the first Building Per which charges are payable. (ii) Educational development charges in accordance with th District School Board at the rate that applies upon the issuance Permit with respect to each lot upon which educational developme payable; and (iii) Educational development charges in accordance with th School Board at the rate that applies upon the issuance of the f respect to each lot upon which educational development charges a Please also be advised that specific rates applicable to each lo can be obtained by contacting, for the Township of Oro-Medonte, Simcoe-Muskoka Catholic District School Board, the Associate Dir Simcoe County District School Board, the Superintendent of Facility Services; and in the case of the County of Simcoe, the County Clerk. Also, please be advised that the above-referenced By-Laws enacte Development Charges Act, 1997 and Section 257.53 of the Educatio c.E.2, may be amended or superceded by subsequent By-Laws enacte the respective legislation. (iv) Development Charges in accordance with the County o applicable, upon the issuance of the first building permit for e payable. 43 Page 228 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... SCHEDULE "G" NOTE: It is understood and agreed that this Schedule forms part of th TOWNSHIP OF ORO-MEDONTE AND HORSESHOE Agreement between the VALLEY LANDS LTD. AND ROMSPEN INVESTMENT CORPORATION. DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the Lot or Block Number inserted in the description of the document, Number shall be left blank, to be inserted by the solicitors for 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 b All documents to be registered shall be prior approved by the so The following land and easements shall be conveyed: 1. Part 1 (Entrance to Ridgewood Court) and Part 2 (abutting the westerly limit of Lot 15), Plan 51R- ____________, to be deeded to the Township of Oro metre reserves. 2. 6.0 metre wide Easement over part of Lots 5 and 6, Plan 51M- dedicated to the Township of Oro-Medonte, for watermain works co maintenance purposes. Refer to Parts 1 and 2 of Plan 51R- ____________. 3. 6.0 metre wide Easement over part of Lots 7 and 8, Plan 51M- dedicated to the Township of Oro-Medonte, for storm drainage wor and maintenance purposes. Refer to Parts 3 and 4 of Plan 51R- ____________. 4. 1.5 metre deep by 3.0 metre wide easement over part of Lots 2 and 3, and 9 and 10, Plan 51M- ___________; to be dedicated to Hydro One Networks Inc works installation and maintenance purposes. Refer to Parts 1, 2, 3, and 4 of Plan 51R- ____________. 44 Page 229 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... SCHEDULE "H" NOTE: It is understood and agreed that this Schedule forms part of th TOWNSHIP OF ORO-MEDONTE AND HORSESHOE Agreement between the VALLEY LANDS LTD. AND ROMSPEN INVESTMENT CORPORATION. PARKLAND Parkland Cash in lieu in the amount of $ 12,250.00 or alternative land de Medonte 45 Page 230 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... SCHEDULE "I" TOWNSHIP OF ORO-MEDONTE DECLARATION OF PROGRESS AND COMPLETION SUBDIVISION DEVELOPER CONSULTING ENGINEER CORPORATION OF THETOWNSHIP OF ORO- As required by the Agreement between the MEDONTE AND HORSESHOE VALLEY HOMES LTD. AND ROMSPEN INVESTMENT CORPORATION. The Developer(s) dated 1. The Developer hereby agrees and undertakes to complete the co Works as required by the above-mentioned Agreement in accordance schedule for the completion of services as approved by the Towns more specifically in accordance with the following schedule and a) Before any building erected on the lots or blocks in the Pla Requirements for Occupancy, as set out in Clause 8.5, shall be c b) Granular "B" and Granular "A" on or before c) Grading, topsoiling and seeding of private blocks and parks d) Boulevard sodding on all roads on or before e) Hot asphalt on or before f) Planting of trees on or before 2. The Developer further agrees that the Township is hereby auth his expense, any of the work set out in this Declaration not finished on or before the completion dates, to be commenced not sooner than one week follo completion date, it being understood and agreed that the Township's authorization is limited only to that work required under the Declaration; 3. The Developer undertakes to properly maintain the gravel road keep all roads in a mud-free and dust-free condition until such including boulevards, have been completed; 46 Page 231 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... 4. The Developer further agrees and the Township is hereby autho of the maintenance work as set out under Item 3 hereof, not comp 24 hours after receipt of such request for maintenance, at his e limiting the generality of the foregoing, the Township's cost shall be the cost of materials, equipment rental, labour, payroll burden, plus 20% fo 5. It is understood and agreed that should the Developer fail to services to carry out the requirements of Item 3 as stipulated, within such time limits as provided by this undertaking, the Dev the costs noted in Section 4, shall pay to the Township, as pred FIFTY DOLLARS ($50.00) damages, the sum of for each and every calendar day the said services are behind schedule of construction provided such by strikes or acts of God or additional work being required by t HORSESHOE VALLEY LANDS LTD. ROMSPEN INVESTMENT CORPORATION Seal or Witness Date 47 Page 232 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... SCHEDULE "J" NOTE: It is understood and agreed that this Schedule forms part of th TOWNSHIP OF ORO-MEDONTE AND HORSESHOE Agreement between the VALLEY LANDS LTD. AND ROMSPEN INVESTMENT CORPORATION. GENERAL LOCATION AND LOT GRADING PLANS PROCEDURE After the General Location and Lot Grading Plan have been approv then: a) six copies to be delivered to the solicitor for the Township. b) six copies to be delivered to the Township. c) Mylars for each Plan incorporated into the Subdivision Agreem the solicitor for the Township. 48 Page 233 of 237 15f) Being a Bylaw to Authorize the Execution of a Subd... SCHEDULE K SUBDIVISION AGREEMENT - STANDARD FOR THE TOWNSHIP STANDBY LETTER OF CREDIT IRREVOCABLE LETTER OF CREDIT DATE OF ISSUE: _________________ NAME OF BANK: _____________________________________ ADDRESS OF BANK: ______________________________________________ LETTER OF CREDIT NO.: __________________ AMOUNT: $__________ Except as otherwise expressly stated, this Letter of Credit is i and Practices for Documentary Credits (1993 Revision), being ICC THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE TO: P.O. Box 100, Oro Ontario, L0L 2X0 We hereby authorize you to draw on the Bank of _______________ Ontario, _______________________ , for the account of __________ ____________________ , up to an aggregate amount of ___________ which is available on demand. Pursuant to the request of our said customer, __________________ _________________ , ________________, Ontario, ______________ , you an Irrevocable Letter of Credit in your favour, in the above you at any time and from time to time, upon written demand for p demand we shall honour without enquiring whether you have the ri said customer to make such demand and without recognizing any cl objection by them to payment by us. Demand shall be by way of a letter signed by an authorized signi Township of Oro-Medonte. The original Letter of Credit must be ________________ , ______________ , Ontario, _________. The Let relates to a Subdivision Agreement between our said customer and of Oro-Medonte, with Mortgage Company, as a third party, regardi _____________________ _______________________________________. (property description) The amount of this Letter of Credit may be reduced from time to given to us by an authorized signing officer of the Corporation Partial drawings shall be permitted. We hereby agree that parti will be duly honoured upon demand. This Letter of Credit will continue in force for a period of one hereinafter set forth. It is a condition of this Letter of Cred extended without amendment from year to year, from the present o unless at least thirty (30) days prior to the present, or any fu writing by registered mail that we elect not to consider this Le additional period. Dated at , Ontario, this 0 . _____________________________ _________________________________ Authorized Signature Bank of ________________________ 49 Page 234 of 237 15g) A Bylaw to Amend ByLaw 2011194,A ByLaw to App... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-214 A By-law to Amend By-Law 2011-194, A By-Law to Appoint Represen the Lake Simcoe Regional Airport Board of Directors WHEREAS Section 203(1) of the Municipal Act, 2001, as amended, and Ontario Regulation 599/06, as amended by Amended Ontario Regulation 371/07, permits the establishment of a new corporation formed under the Business Corporations Act (Ontario) and designated as a municipal services corporation; AND WHEREAS the City of Barrie and the Township of Oro-Medonte have agreed transfer the assets, liabilities and undertakings associated with the Lake Simcoe Regional Airport, to the Corporation of Lake Simcoe Regional Airport Inc., a company formed under the Business Corporations Act (Ontario) and designated as a municipal services corporation under the Municipal Act, 2001, as amended, and the regulations there under; AND WHEREAS the City of Barrie and the Township of Oro-Medonte have entered the Lake Simcoe Regional Airport Agreement, as authorized by Oro No. 2010-015, for the operation, management and improvement of t governance of the Corporation by its shareholders thereof; AND WHEREAS Section 3.01 of the Lake Simcoe Regional Airport Agreement identifies that the Board of Directors shall consist of seven (7) members, five (5) members of the Board shall be appointed by Barrie and two (2) me shall be appointed by Oro-Medonte; AND WHEREAS the Council of the Township of Oro-Medonte declared by Motion N C121205-6 to appoint a Township representative to the Lake Simco Board of Directors for the 2013-2014 term; AND WHEREAS the Township of Oro-Medonte did advise the City of Barrie, for approval, in accordance with Section 6.09 of the Lake Simcoe Reg Agreement, of its appointees to the Board of Directors of the La Airport; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That Item 2 to By-law No. 2011-194 be deleted in its entirety 2. And That this by-law shall take effect on its final passing t TH BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 12 DAY OF DECEMBER, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ___________________________ Mayor, H.S. Hughes ___________________________ Clerk, J. Douglas Irwin Page 235 of 237 15h) A Bylaw to Appoint a Representative to the Lake Si... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-215 A By-law to Appoint a Representative to the Lake Simcoe Regional Airport Board of Directors WHEREAS Section 203(1) of the Municipal Act, 2001, as amended, and Ontario Regulation 599/06, as amended by Amended Ontario Regulation 371/07, permits the establishment of a new corporation formed under the Business Corporations Act (Ontario) and designated as a municipal services corporation; AND WHEREAS the City of Barrie and the Township of Oro-Medonte have agreed transfer the assets, liabilities and undertakings associated with the Lake Simcoe Regional Airport, to the Corporation of Lake Simcoe Regional Airport Inc., a company formed under the Business Corporations Act (Ontario) and designated as a municipal services corporation under the Municipal Act, 2001, as amended, and the regulations there under; AND WHEREAS the City of Barrie and the Township of Oro-Medonte have entered the Lake Simcoe Regional Airport Agreement, as authorized by Oro No. 2010-015, for the operation, management and improvement of t governance of the Corporation by its shareholders thereof; AND WHEREAS Section 3.01 of the Lake Simcoe Regional Airport Agreement identifies that the Board of Directors shall consist of seven (7) members, five (5) members of the Board shall be appointed by Barrie and two (2) me shall be appointed by Oro-Medonte; AND WHEREAS the Council of the Township of Oro-Medonte declared by Motion N C121205-6 to appoint a Township representative to the Lake Simco Board of Directors for the 2013-2014 term; AND WHEREAS the Township of Oro-Medonte did advise the City of Barrie, for approval, in accordance with Section 6.09 of the Lake Simcoe Reg Agreement, of its appointees to the Board of Directors of the La Airport; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That Scott Running be appointed to the Lake Simcoe Regional A Directors, as one of the Township of Oro-Medonte representatives 2014 Term. 2. That the appointment be subject to City of Barries approval Section 6.09 of the Lake Simcoe Regional Airport Agreement of it the Board of Directors of the Lake Simcoe Regional Airport; 3. And That this by-law shall take effect on its final passing t TH BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 12 DAY OF DECEMBER, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ___________________________ Mayor, H.S. Hughes ___________________________ Clerk, J. Douglas Irwin Page 236 of 237 18a) Being a ByLaw to confirm the proceedings of the Co... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-204 Being a By-Law to Confirm the Proceedings of the Council Meeting Wednesday, December 12, 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 exerc 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, December 12, 2012, and in respect to each Motion, Resolution and passed and taken by the Council at its said Meeting is, except where prior approval of the Ontario Municipal Board is required, hereby adopted, ratified and confirmed. 2. That the Mayor and the proper Officials of the Township are hereby authorized and directed to do all things necessary to give effect to the sa obtain approvals where required and to execute all documents as 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 authoriz execute and affix the corporate seal to all necessary documents. 4. And That this by-law shall come into force and take effect o thereof. TH BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 12 DAY OF DECEMBER, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE __________________________ Mayor, H.S. Hughes __________________________ Clerk, J. Douglas Irwin Page 237 of 237