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10 16 2013 Council AgendaPage Toutnship of Proud Heritage, Exciting Future THE TOWNSHIP OF ORO- MEDONTE COUNCIL MEETING AGENDA COUNCIL CHAMBERS Wednesday, October 16, 2013 3:00 p.m. - Open Session Closed Session Immediately Following Open Session 1. CALL TO ORDER - PRIVATE PRAYER/MOMENT OF REFLECTION: 2. ADOPTION OF AGENDA: a) Motion to Adopt the Agenda. 3. DISCLOSURE OF PECUNIARY INTEREST: 4. CLOSED SESSION ITEMS: a) Motion to go In Closed Session. b) Motion to Rise and Report. c) Robin Dunn, CAO re: Solicitor - client privilege (Legal Opinion - Liability Exposure). d) Robin Dunn, CAO re: Solicitor - client privilege (Legal Opinion - Municipal Responsibility). e) Doug Irwin, Director of Corporate Services /Clerk re: Acquisition /disposition of land (Simcoe Road, Plan 589). 5. MINUTES OF COUNCIL AND COMMITTEES: 6-15 a) Minutes of Heritage Committee meeting held on Monday, September 30, 2013. 16-26 b) Minutes of Council meeting held on Wednesday, October 2, 2013. 27-29 c) Minutes of Special Council meeting held on Thursday, October 10, 2013. 6. RECOGNITION OF ACHIEVEMENTS: 30 a) Bobbi Lovering, CBCO, Chief Building Official, Special Recognition Certificate from the Ontario Building Officials Association. 7. PUBLIC MEETINGS: None. Page 1 of 217 Council Meeting Agenda - October 16, 2013 8. DEPUTATIONS: None. 9. IDENTIFICATION FROM THE PUBLIC OF AN AGENDA ITEM OF INTEREST: 10. REPORTS OF MUNICIPAL OFFICERS: 31 -33 a) Report No. FI 2013 -17, Paul Gravelle, Director of Finance /Treasurer /Deputy CAO, re: Statement of Accounts — September 30, 2013. 34-48 b) Shawn Binns, Director of Recreation and Community Services and Steenhof Building Services Group re: Oro - Medonte Community Centre Renovation Update [to be distributed at meeting]. 49-53 c) Report No. RC2013 -21, Shawn Binns, Director of Recreation and Community Services re: Request for Exemption — Moonstone Santa Claus Parade. 54-63 d) Shawn Binns, Director of Recreation and Community Services and Donna Hewitt, Director of Corporate & Strategic Initiatives re: correspondence dated October 3, 2013 from Kim Ball, Recreation Programming, Town of Bracebridge, Draft 2014 Ontario Winter Games Inter - Municipal Co- Hosting Agreement. 64-67 e) Report No. CS12013 -4, Donna Hewitt, Director of Corporate & Strategic Initiatives and Jerry Ball, Director of Transportation and Environmental Services re: Small, Rural and Northern Municipal Infrastructure Fund — Capital Program [to be distributed at meeting]. 68-71 f) Report No. DS2013 -60, Andria Leigh, Director of Development Services re: Site Plan Agreement (Democrat Maplewood Limited) 2013 - SPA -26, Plan 51 M -957, (Former Township of Oro), Lot 113 [Refer to Items 15f) and g)]. 72-77 g) Report No. DS2013 -62' Andria Leigh, Director of Development Services, re: Request for Extension of Draft Plan Approval, Plan of Subdivision Application 2008 - SUB -02, Lake Simcoe Aeropark Inc., Part Lots 18 and 29, Concession 8 (Oro), Township of Oro - Medonte. 78-91 h) Doug Irwin, Director of Corporate Services /Clerk, re: Correspondence dated October 8, 2013 from The Honourable Mr. Justice P.H. Howden, Superior Court of Justice - Ontario, Oro - Medonte v. Warkentin, Court File No. 11- 1101, Endorsement on Costs (Plan 626, Lakeshore Promenade). 11. REPORTS OF MEMBERS OF COUNCIL: None. 12. CONSENT AGENDA: 92-94 a) Announcements of Interest to the Public: 1. Third Annual Mayor & Council's Business Breakfast, Wednesday, Page 2 of 217 Council Meeting Agenda - October 16, 2013 October 23, 2013, 7:30am- 9:30am, Trinity Community Church, 110 Line 7 South. 2. Trinity Community Church Christmas Bazaar, Saturday, October 26, 2013, 9:30am- 2:00pm, 110 Line 7 South. 3. Huronia Nurse Practitioner -LED Clinic Accepting Patients. 95-102 b) Minutes of Lake Simcoe Region Conservation Authority meeting held on July 26, 2013. Staff Recommendation: Receive. 103-124 c) Nottawasaga Valley Conservation Authority, Board and Hearing minutes of meetings held on August 30, 2013 and Board highlights of meeting held on September 27, 2013. Staff Recommendation: Receive. 125-131 d) Correspondence dated September 26, 2013 from Ontario Municipal Board re: Decision Delivered by Sylvia Sutherland and Order of the Board, PL130508, 2013 -A -18. Staff Recommendation: Receive. 13. COMMUNICATIONS: 132 a) Correspondence dated September 30, 2013 from Steven Sinopoli re: Request for Exemption to By -Law No. 2012 -183, Parkland By- Law, Horseshoe Valley Memorial Park, Saturday, December 14, 2013, 7:00pm- 9:00pm. 133 - 134 b) Correspondence dated September 27, 2013 from Keith Sherman, Executive Director, Severn Sound Environmental Association re: Response to Town of Midland's Cost and Relationship Report. 135-137 c) Correspondence dated October 2, 2013 from Severn Sound Environmental Association re: Annual Partners Reception, Thursday, November 14, 2013, 6:30- 8:30pm, Midland Public Library, 320 King Street and Call for Nominations for the SSEA's 2013 Environmental Awards. 138 - 139 d) Correspondence dated October 4, 2013 from Gayle Wood, CAO /Secretary- Treasurer, Lake Simcoe Region Conservation Authority re: Annual Conservation Awards Ceremony, Thursday, November 7, 2013, Madsen's Greenhouse, Newmarket, 6:00pm- 8:30pm. 140 - 143 e) Request from Kristin MacNamara, LIM Energy Inc., re: Confirmation of Support for Request for Municipal Support Resolution, Revised FIT Program Version 3.0 for: 1. 432 Line 7 South (Crawford) [from November 28, 2012 Council meeting, Motion No. C121128 -31], 2. 82 15/16 Sideroad East (Oro Agricultural Society) [from January 9, 2013 Council meeting, Motion No. C130109 -15]. 144 - 164 f) Request from Amaral Utilia, SunEdison re: Confirmation of Support for Request for Municipal Support Resolution, Revised FIT Program Version 3.0 Page 3 of 217 Council Meeting Agenda - October 16, 2013 for 2446 Old Barrie Road East (Anderson), [from January 9, 2013 Council meeting, Motion No. C130109 -16]. 165 g) Correspondence dated October 1, 2013 from Barbara Brechin re: Municipal Drain #7. 14. NOTICE OF MOTIONS: None. 15. BY -LAWS: 166 - 173 a) By -Law No. 2013 -184 A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Morris Shelswell & Sons Excavating & Grading Ltd. for Parks & Facility Snow Removal Tender — Contract No. RC2013 -T -03 for Bayview Memorial Park, Shelswell Park and Edgar Community Hall for 2013/14, 2014/15 and 2015/16. 174 - 180 b) By -Law No. 2013 -185 A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Crocker Contracting for Parks & Facility Snow Removal Tender — Contract No. RC2013 -T -03 for Moonstone Fire Hall, Shanty Bay Fire Hall and Hawkestone Community Hall for 2013/14, 2014/15 and 2015/16. 181 - 187 c) By -Law No. 2013 -186 A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and MS Landscaping for Parks & Facility Snow Removal Tender — Contract No. RC2013 -T -03 for Oro - Medonte Community Hall, Rugby Fire Hall and Warminster Fire Hall for 2013/14, 2014/15 and 2015/16. 188 - 194 d) By -Law No. 2013 -187 A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Woodrow Family Farms Inc. for Parks & Facility Snow Removal Tender — Contract No. RC2013 -T -03 for OPP -Nurse Practitioner, Horseshoe Valley Fire Hall, Line 4 Park, Lohuaru Trail, Sweetwater Park, Carley Hall, Eady Hall and Jarratt Hall for 2013/14, 2014/15 and 2015/16. 195 - 200 e) By -Law No. 2013 -188 A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and PT Landscaping for Parks & Facility Snow Removal Tender — Contract No. RC2013 -T -03 for Page 4 of 217 Council Meeting Agenda - October 16, 2013 Township Administration Building and Hawkestone Fire Hall for 2013/14, 2014/15 and 2015/16. 201 - 213 f) By -Law No. 2013 -190 A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and Democrat Maplewood Limited described as lands as follows: Lot 113, Plan 51 M -957, as in 58533 -0337 LT, ROLL # 4346- 010 - 003 - 26613, TOWNSHIP OF ORO- MEDONTE, COUNTY OF SIMCOE. 214 - 215 g) By -Law No. 2013 -191 A By -law to remove the Holding symbol On lands described as follows: Lot 113, Plan 51 M -957, Township of Oro - Medonte, County of Simcoe, Roll # 4346- 010- 003 - 26613. 216 h) By -Law No. 2013 -193 A By -law to Amend By -law No. 2012 -168, Being a By -law to provide for the restricting and regulating of parking, standing and stopping on highways or parts of highways under the jurisdiction of The Corporation of the Township of Oro - Medonte. 16. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM: 17. CONFIRMATION BY -LAW: 217 a) By -Law No. 2013 -183 Being a By -Law to Confirm the Proceedings of the Council Meeting held on Wednesday, October 16, 2013. 18. ADJOURNMENT: a) Motion to Adjourn. Page 5 of 217 5.a) Minutes of Heritage Committee meeting held on Monday, S... 7'r�rr�rrs���p n Prond Ffsritrrc, C.rri�rr�q F {rrrrra Monday, September 30, 2013 THE TOWNSHIP OF ORO- MEDONTE HERITAGE COMMITTEE MEETING MINUTES Council Chambers Present: Councillor John Crawford, Chair Mayor H.S. Hughes Murray Cayley Ruth Fountain Dorothy Moore Regrets: Leah Burton, Bruce Malcom Staff: TIME: 6:03 p.m. Shawn Binns, Director of Recreation and Community Services; Justin Hodgkinson, Community Recreation Coordinator; Marie Brissette, Committee Coordinator 1. ADOPTION OF AGENDA a) Motion to Adopt the Agenda. Motion No. HC130930 -1 Moved by Fountain, Secc None declared. 3. ADOPTION OF MINUTES OF PREVIOUS MEETING: a) Minutes of the Heritage Committee meeting held on Monday, August 26, 2013. Motion No. HC130930 -2 Moved by Cayley, Seconded by Lintack It is recommended that the draft minutes of the Heritage Committee meeting held on Monday, August 26, 2013 be adopted as printed and circulated. Carried. Page 6 of 217 5.a) Minutes of Heritage Committee meeting held on Monday, S... Heritage Committee Meeting Minutes — September 30, 2013 4. DEPUTATIONS: a) Paul Marshall, re: Recognition of the Penetanguishene Road and Connected Town Sites. Artifacts Needed. Motion No. HC130930 -5 Moved by Moore, Seconded by Thibeault It is recommended 1. That the information presented by Wayne Lintack, re: Draft Flyer - Early Black Settlement Information And Artifacts Needed be received. Carried. Page 2 of 5 Page 7 of 217 5.a) Minutes of Heritage Committee meeting held on Monday, S... Heritage Committee Meeting Minutes — September 30, 2013 c) Shawn Binns, Director of Recreation and Community Services, re: Draft Letter of Understanding - Oro African Methodist Episcopal Church Cultural Assessment. Motion No. HC130930 -6 Moved by Cayley, Seconded by Lintack Motion No. HC130930 -7 Moved by Lintack, Seconded by Cayley- Item 5e) was dealt in conjunction with Items 5f) and 5g). Page 3 of 5 Page 8 of 217 5.a) Minutes of Heritage Committee meeting held on Monday, S... Heritage Committee Meeting Minutes — September 30, 2013 f) Councillors Crawford and Coutanche, Shawn Binns, Director of Recreation and Community Services, re: Work Plan and Structure - Education and Policies [To be distributed at the meeting]. Motion No. HC130930 -8 Moved by Busby, Seconded by Thibeault Page 4 of 5 Page 9 of 217 5.a) Minutes of Heritage Committee meeting held on Monday, S... Heritage Committee Meeting Minutes — September 30, 2013 h) Dorothy Moore, re: Fenian Raid. Motion No. HC130930 -10 Moved by Fountain, Seconded by Cayley It is recommended that the information presented by Dorothy Moore, re: Fenian Raid be received. Carried. 6. NEXT MEETING DATE Monday, October 28, 2013 at 6:00 p.m. 7. ADJOURNMENT a) Motion to Adjourn. Motion No. HC130930 -11 Moved by Fountain, Seconded by M It is recommended that we do now adjourn Councillor Crawford, Chair Carried. Marie Brissette, Committee Coordinator Page 5 of 5 Page 10 of 217 5.a) Minutes of Heritage Committee meeting held on Monday, S... Page 11 of 217 o v T o L a 0 E A N O w a - •r I Q O a O d o J Im I Vl M1 a+ al al L I L E ,«� E Iu E m O V_ m a N x a @ C :c ai > a v E E 0 oco v o E U Q a� m m E c O L 7 O c c E r W o o a v fl 3 c c n a, `o d € v E0 E -e c o z I�Co oomuo. C_ „' 7 fl. a• O u O N N = C EO `u C m O u r `u of = I C >- -ci v a a� A Q — = N w v o i 3 —° A o —° N o 3 3 3 2 > N u OJ > a m a) c L c Ol aJ > V) s o v o¢ ar I w u° 0 W M !0 4-E U -p a W is n m m u i E E E m 2 Ia = v 7 v L h O ZI N I� W o a 0 = c a o 0 u .o 0 c o � a a m " Q u m u a eo m m .Q o CL . w o m o v v .� a a o ca y O aE G N N G L v o u o y 0 a a o o N a Page 11 of 217 5.a) Minutes of Heritage Committee meeting held on Monday, S... L ° -c Y T 3 O p YO O a N a y i O C O C 0 O O O Y Ol O. p o c 3 n o 0 °i U ?D V O :a d w b0 E N _v I aL+ d II t6 in d too OG � Y v v v A x vIQ ;v ° E A N y `�°- cw O is O v v a. v a . c o E L > c m 0 5 o a p° c c o Eo °1 yam-. w Q a �� o a> u o v m E u v0 o m in m vV a 3 u v m E Q L C 3 0 m a 0 T m m > � L O U O u v w > i � Q Page 12 of 217 5.a) Minutes of Heritage Committee meeting held on Monday, S... I o •m Y W > O C ? m �_ x Iv a L L 3 oa v o � E a v � m a v `o a o � t c � a c n G G � C Ol "�'• T C W O N �, E\ 4 O 4 r m Y m E: u u6i o a a s m x CL 93 0 s d L ly Y d � O V v O Q Page 13 of 217 5.a) Minutes of Heritage Committee meeting held on Monday, S... Page 14 of 217 f0 'D C C 0 O E c O x N O 7 ° V) L v c E o Q ° a c0 c a a ° OD C I E O 2 N O L ++ N L c ° >1 -° ' L ° Q. a ° e a° v m —E Y O i v C .E . N O U 3 ° U L �UU 0 a = y C �O C U > ._ C f0 ,� E E O 3 ;° c 3 i v O a N U Y +�+ � 3 p c 10 G > � v � E G Y ? N y v O L Zi m? rp p N j O O ++ G tw cn o o x 2 07 E U O F u I L F v j 0 J J E E 7 3 ccN G cG1 L i 2 3 M ±+ 0D G a � Nw L 'L M v ° v ao a to c GOiO N t0 C a C G a. _° "O • 5 N Y G G G N ' f0 _ O E t G O n v y i p M O aUi O N v C b0 E O L c +0.+ s Qj O O E � 0 O1 �n .= O U Y G ° 0 _6 3 � N C O j E p Y O Y O GO — U 9I Q • E LL J O W Vr Q d K 11 I Page 14 of 217 5.a) Minutes of Heritage Committee meeting held on Monday, S... Page 15 of 217 I v M I Q O E O Qj �U O L LA M1' v C Y O vYi N � O O v > N S E O > Z f0 Ln L L U I � E E L U O W Y Gq c M0 W c O N r6 4C L , ,+_T+ T Y C M _ c Q O u L1 u w c O aT� c O T U N CO C c U c O j R E 7 v O Y 7 O E C O '^ G O O `n v E O '^ u O N a O i 0 0_ Q _ c O O N Oq c _u c 7 c0 N y U j L `� 3 O aJ �n OJ y U! L O U UJ .� O E L f0 E N fl- � n0. V1 CO. C N 'L c 'J 7 L fO > M Q CL 4J 0. c bD ° o ' U o o a `a o? oo a y O o Ln u u> v " -4t 3 I J \C G 7 L "a d0 = CC C T a+ C_ E c E 7 E O O OE U t.1 L O Y Q 3 3- c � o a •Y c 7 R L _Q In O1 Ol = L L' O U +O+ a + 11 O U L N Q O Page 15 of 217 5.b) Minutes of Council meeting held on Wednesday, October 2... THE TOWNSHIP OF ORO- MEDONTE REGULAR COUNCIL MEETING MINUTES Council Chambers To�rris��ip cs l�rurrd Nrritrr�d, Cxxi�ru,� Farrura Wednesday, October 2, 2013 TIME: 9:03 a.m. 2010 - 2014 COUNCIL Present: Mayor H.S. Hughes Staff Robin Dunn, Chief Administrative Officer; Paul Gravelle, Director of Present: Finance /Treasurer /Deputy CAO; Doug Irwin, Director of Corporate Services /Clerk; Jerry Ball, Director of Transportation and Environmental Services; Donna Hewitt, Director of Corporate & Strategic Initiatives; Shawn Binns, Director of Recreation and Community Services; Tamara Obee, Manager Health & Safety, Human Resources; Janette Teeter, Deputy Clerk; Glenn White, Manager, Planning Special Projects; Marie Brissette, Committee Coordinator; Jen Jermey, Records Clerk Also Klaus Kuch, Frieda Baldwin, Howard Leake Present: CALL TO ORDER - PRIVATE PRAYER /MOMENT OF REFLECTION: Mayor H.S. Hughes assumed the Chair and called the meeting to order followed by a private prayer /moment of reflection. AW 2. ADOPTION OF AGENDA: a) Motion to Adopt the Agenda. Motion No. C131002 -1 Moved by Coutanche, Seconded by Meyer Be it resolved that the agenda for the Council meeting of Wednesday, October 2, 2013 be received and adopted as mended to add 4d) Robin Dunn, CAO, re: Request to Re- schedule the October 9, 2013 Council meeting to October 16, 2013. Carried. Page 1 of 11 Page 16 of 217 5.b) Minutes of Council meeting held on Wednesday, October 2... Council Meeting Minutes — October 2, 2013. 3. DISCLOSURE OF PECUNIARY INTEREST: None declared. 4. CLOSED SESSION ITEMS: a) Motion to go In Closed Session. Motion No. C131002 -2 Moved by Crawford, Seconded by Lancaster Be it resolved that we do now go in Closed Session at 9:04 a.m. to discuss • personal matter affecting an identifiable individual; • litigation affecting the municipality; 1% • acquisition /disposition of land. Carried. Motion to Rise and Report. and that Closed Session Item 4: d) Robin Dunn, CAO, re: Litigation affecting the municipality (Legal Update). be brought forward to Item 17 Closed Session Items (Unfinished Items). Carried. Page 2 of 11 Page 17 of 217 5.b) Minutes of Council meeting held on Wednesday, October 2... Council Meeting Minutes — October 2, 2013. c) Robin Dunn, CAO, re: Personal matters about an identifiable individual (Bill 168) Page 3of11 Page 18 of 217 5.b) Minutes of Council meeting held on Wednesday, October 2... Page 19 of 217 5.b) Minutes of Council meeting held on Wednesday, October 2... Council Meeting Minutes — October 2, 2013. 8. DEPUTATIONS: a) Frieda Baldwin, Project Manager, Huronia Trails & Greenways, Simcoe County Trails, re: Pilgrimage Signage along Oro - Medonte Rail Trail. Motion No. C131002 -9 Moved by Coutanche, Seconded by Meyer Be it resolved 1. That the presentation from Frieda Baldwin, Project Manager, Huronia Trails & Greenways, Simcoe County Trails, re: Pilgrimage Signage along Oro - Medonte Rail Trail be received. 2. That the use of the Oro - Medonte Rail Trail for the proposed pilgrimage route to the Martyr's Shrine be approved. 3. That Simcoe County Trails maintain a minimum of $5 Million in liability insurance naming the Township of Oro - Medonte as additional insured. 4. That the location of the route signs be approved in principle, with final approval to be provided in consultation with the Director of Recreation and Community Services where it pertains to Township owned lands. 5. And That Simcoe County Trails be responsible for all costs, maintenance and upkeep of the signs in accordance with Township standards. %-0k 1'10%1011 N�"- Carried. 9. IDENTIFICATION FROM THE PUBLIC OF AN AGENDA ITEM OF INTEREST: Be it resolved 1. That Report No. TES2013 -17, Jerry Ball, Director of Transportation and Environmental Services, re: Replacement of Existing Sidewalks in Hawkestone be received and adopted. 2. That Transportation Services remove the existing sidewalks, then top soil and sod, on Line 11 South and on Mill Street, in 2013. 3. That Transportation Services install a Concrete Sidewalk on the East side of Line 11 South in the same location as the existing sidewalk in 2014, under Capital projects. 4. That Transportation Services provide winter maintenance of the sidewalk in Hawkestone, starting in the fall of 2013. 5. And That the residents whose properties abut the existing sidewalks be notified of Council's decision under the Director of Transportation and Environmental Services' signature. Carried. Page 5 of 11 Page 20 of 217 5.b) Minutes of Council meeting held on Wednesday, October 2... Council Meeting Minutes — October 2, 2013. b) Report No. DS2013 -059, Glenn White, Manager, Planning Special Projects, re: General Amendment to Zoning By -law 97 -95 (Township of Oro - Medonte) [Refer to Item 15a)]. Motion No. C131002 -11 Moved by Crawford, Seconded by Evans Be it resolved 1. That Report No. DS2013 -059, Glenn White, Manager, Planning Special Projects, re: General Amendment to Zoning By -law 97 -95 (Township of Oro - Medonte) be received and adopted. 2. That the amendments outlined in draft By -Law No. 2013 -179 to provide general changes and updates to Sections 5.20.2.2, 5.32, 5.35, Section 6.0 "Structure ", Table A3, Table A4, remove the Holding (H) symbol from a number of roads now maintained by the Township and editorial text changes be approved. 3. And That the appropriate By -Law be brought forward for Council's consideration. Carried. Page 6 of 11 Page 21 of 217 5.b) Minutes of Council meeting held on Wednesday, October 2... Council Meeting Minutes — October 2, 2013. d) Robin Dunn, CAO, re: Request to Re- schedule the October 9, 2013 Council meeting to October 16, 2013. Motion No. C131002 -13 Moved by Coutanche, Seconded by Meyer Whereas it is deemed necessary to reschedule the October 9, 2013 Council meeting to October 16, 2013. And Whereas the Township or Oro - Medonte Council Meeting of October 9, 2013 is scheduled to commence the Open Session at 7p.m. in accordance with Procedural By- law No. 2013 -054. And Whereas Council deems it appropriate to reschedule the 'October 9, 2013 Council meeting. Now Therefore be it resolved that the October 9, 2013 Council meeting be rescheduled to October 16, 2013 with an Open Session commencement time of 3:00 p.m. None 12. CONSENT AGENDA: a) Announcements of Interest to the Public: 1. Thanksgiving Holiday Office Closure, Monday, October 14, 2013. 2. Third Annual Mayor & Council's Business Breakfast, Wednesday, October 23, 2013, 7:30am- 9:30am, Trinity Community Church, 110 Line 7 South. 3. Huronia Nurse Practitioner -LED Clinic Accepting Patients, 3331 Line 4 North. Page 7of11 Page 22 of 217 5.b) Minutes of Council meeting held on Wednesday, October 2... Council Meeting Minutes — October 2, 2013. 13. COMMUNICATIONS: a) Correspondence dated September, 2013 from Dennis Purcell, DRC Chair, Bancroft & Hastings Highlands Disaster Relief Committee re: Request to Support Fundraising Efforts. Motion No. C131002 -14 Moved by Lancaster, Seconded by Evans 14. NOTICE OF MOTIONS: None. Page 8of11 Page 23 of 217 5.b) Minutes of Council meeting held on Wednesday, October 2... Council Meeting Minutes — October 2, 2013. 15. BY -LAWS: a) By -Law No. 2013 -179: A By -Law To Amend Zoning By -Law 97 -95, As Amended. b) By -Law No. 2013 -181: A By -law to Authorize the Execution of an Agreement between Her Majesty the Queen in Right of Ontario, as represented by the Minister of Transportation and The Corporation of the Township of Oro - Medonte (Agreement #11459) And to Repeal By -law No. 2011 -091. c) By -Law No. 2013 -182: A By -law to Amend By -law No. 2011 -013, Being a By -law to Govern the Proceedings of the Committee of Adjustment in the Township of Oro - Medonte. Motion No. C131002 -16 Moved by Lancaster, Seconded by Crawford'' Be it resolved that a) By -Law No. 2013 -179: A By -Law To Amend Zoning By -Law 97 -95, As Amended. b) By -Law No. 2013 -181: A By -law to Authorize the Execution of an Agreement between Her Majesty the Queen in Right of Ontario, as represented by the Minister of Transportation and The Corporation of the Township of Oro - Medonte (Agreement #11459) And to Repeal By -law No. 2011 -091. c) By -Law No. 2013 -182: A By -law to Amend By -law No. 2011 -013, Being a By -law to Govern the Proceedings of the Committee of Adjustment in the Township of Oro - Medonte. be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. 16. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM: Page 9 of 11 Page 24 of 217 5.b) Minutes of Council meeting held on Wednesday, October 2... Council Meeting Minutes — October 2, 2013. 17. CLOSED SESSION ITEMS (UNFINISHED ITEMS): a) Motion to go In Closed Session. Motion No. C131002 -17 Moved by Crawford, Seconded by Evans Be it resolved that we do now go in Closed Session at 11:28 a.m. to discuss • litigation affecting the municipality. IAW b) Motion to Rise and Report. Motion No. C131002 -18 Moved by Evans, Seconded by Crawford Carried. Page 10 of 11 Page 25 of 217 5.b) Minutes of Council meeting held on Wednesday, October 2... Council Meeting Minutes — October 2, 2013. %CONFIRMATION BY -LAW: a) By -Law No. 2013 -180: Being a by -law to confirm the proceedings of the Council meeting held on Wednesday, October 2, 2013. Motion No. C131002 -19 Moved by Coutanche, Seconded by Meyer Be it resolved that By -Law No. 2013 -180, being a by -law to confirm the proceedings of the Council meeting held on Wednesday, October 2, 2013 be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor. 19. ADJOURNMENT: Motion to Adjourn. Motion No. C131002 -20 Moved by Crawford, Seconded by Lan Be it resolved that we do now adjourn at 12:31 p. Mayor, H.S. Hughes Clerk, J. Douglas Irwin Carried. Carried. Page 11 of 11 Page 26 of 217 5.c) Minutes of Special Council meeting held on Thursday, Oc... ntle lyr�xrai Hrrirr�rr, Cx.ching F -widre Thursday, October 10, 2013 THE TOWNSHIP OF ORO- MEDONTE SPECIAL COUNCIL MEETING MINUTES Council Chambers TIME: 4:00 p.m. Mayor H.S. Hughes assumed the Chair and called the meeting to order followed by a private prayer /moment of reflection. 2. ADOPTION OF AGENDA: a) Motion to Adopt the Agenda. Motion No. SC131010 -1 Moved by Crawford, Seconded by Evans Be it resolved that the agenda for the Special Council meeting of Thursday, October 10, 2013 be received and adopted. Carried. Page 1 of 3 Page 27 of 217 5.c) Minutes of Special Council meeting held on Thursday, Oc... Special Council Meeting Minutes — October 10, 2013. 3. DISCLOSURE OF PECUNIARY INTEREST: None declared. 4. REPORTS OF MUNICIPAL OFFICERS: a) Report No. DS2013 -61, Andria Leigh, Director of Development Services re: Brennan's Inc. — Temporary Use By -law, 5071 Highway 11 North, East Part of Lot 16, Concession 14, Township of Oro - Medonte [Refer to Item 5a)]. Motion No. SC131010 -2 Motion No. SC131010 -3 Moved by Evans, Seconded by Crawford Be it resolved that By -Law No. 2013 -192: A By -law to Repeal By -law 2013 -119 and to allow Temporary Uses On lands described as follows: East Part of Lot 16, Concession 14, Parts 1 and 2, on 51 R- 30258, Township of Oro - Medonte, County of Simcoe, (Municipally known as 5071 Highway 11 North) under Section 34 and 39 of the Planning Act, R.S.O. 1990, c.P.13, as amended Roll # 4346- 010 - 012 -34400 be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. Page 2 of 3 Page 28 of 217 5.c) Minutes of Special Council meeting held on Thursday, Oc... Special Council Meeting Minutes — October 10, 2013. 6. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM: 7. CONFIRMATION BY -LAW: a) By -Law No. 2013 -189: Being a By -Law to Confirm the Proceedings of the Special Council Meeting held on Thursday, October 10, 2013. Motion No. SC131010 -4 Moved by Meyer, Seconded by Coutanche AO a) Motion to Adjourn. Motion No. SC131010- Moved by Evans, Seconded by Crawford Be it resolved that we do now adjourn at 4:03 p.m. Mayor, H.S. Hughes Clerk, J. Douglas Irwin Carried. Page 3 of 3 Page 29 of 217 6.a) Bobbi Lovering, CBCO, Chief Building Official, Special ... Ontario Building Officials Association Special Recognition Certificate Whereas the Ontario Building Officials Association was established in 1956, and 1 a self - governing, not - for- profit professional association committed to maintaining the highest degree of professionalism in the field of building inspection, code administration and building safety in Ontario and across Canada; And whereas, the Special Recognition Award is presented to an individual that has, in the judgement of the Board, furthered the aims and objectives of Building Officials and the industry as a whole; Now therefore the Association recognizes the efforts towards these aims by Bobbi Lovering, CBCO In recognition of your extensive review and guidance with the Association's Par! 12 (2012): SB -10 Energy Efficiency course and your commitment to ensuring that the Association and its members have access to the latest and best - quality Building Code training. October' 2013 Leo C�su'ano. CBCO OBOA. President Page 30 of 217 10.a) Report No. Fl 2013 -17, Paul Gravelle, Director of Fina... Tvtnsla�p of REPORT.+E'i Proud Heritage, Exciting Future Report No. FI 2013 -17 To: Council Prepared By: Janice MacDonald Meeting Date: October 16, 2013 Subject: Statement of Accounts — September 30, 2013 Motion # A000544 Roll #: R.M.S. File #: RECOMMENDATION(S): Requires Action For Information Only It is recommended that: 1. Report No. Fl 2013 -17 be received for information only. 2. The accounts for the month of September 2013 totalling $ 6,878,298.33 are received. BACKGROUND: Following is the statement of accounts for the month of September. Cheque Registers: Batch No. Date Amount AC00778 September 04, 2013 293,513.84 A000544 September 04; 2013 478.91 AQ00545 September 06, 2013 1,308.91 AC00779 September 11, 2013 683,891.20 AC00780 September 18, 2013 5,389,878.36 AQ00546 September 19, 2013 2,361.81 AC00781 September 25, 2013 220,401.45 FINANCE Report No. FI 2013 -17 $ 6,591,834.48 October 16, 2013 Page 1 of 3 Page 31 of 217 10.a) Report No. Fl 2013 -17, Paul Gravelle, Director of Fina... Payroll: PR00808 September 07, 2013 143,901.17 PR00810 September 21, 2013 135,755.23 $ 279,656.40 Credit Card Registers: AE00580 September 26, 2013 107.12 AE00581 September 26, 2013 50.00 AE00582 September 26, 2013 1,436.38 AE00583 September 26, 2013 117.06 .AE00584 September 26, 2013 1,137.25 AE00585 September 26, 2013 979.86 AE00586 September 30, 2013 1,030.53 AE00587 September 30, 2013 1,949.25 $ 6807.45 Total: $ 6,878,298.33 ANALYSIS: Not Applicable. FINANCIAL / LEGAL IMPLICATIONS / RISK MANAGEMENT: Not Applicable. POLICIES/LEGISLATION: Not Applicable. FINANCE October 16, 2013 Report No. FI 2013 -17 Page 2 of 3 Page 32 of 217 10.a) Report No. Fl 2013 -17, Paul Gravelle, Director of Fina... CORPORATE STRATEGIC GOALS: Not Applicable. CONSULTATIONS: Not Applicable. ATTACHMENTS: Cheque Registers — under separate cover. CONCLUSION: That the accounts for the month of September are received. Respectfully submitted: rtJanDonaId, Accounting Clerk SMT Approval / Comments: C.A.O. Approval / Comments: P� FINANCE Report No. FI 2013 -17 October 16, 2013 Page 3 of 3 Page 33 of 217 10.b) Shawn Binns, Director of Recreation and Community Serv... ru,�rrpf_ Township Update Meeting THE TOWNSHIP OF ORO- MEDONTE COMMUNITY CENTRE - 4th LINE 1. INTRODUCTIONS 2. BACKGROUND 3. PROJECT STATUS UPDATE 4. DESIGN OPTIONS: a) PROPOSAL ITEMS & WISH LIST b) EXISTING BUILDING c) SBSG PROPOSED LAYOUT d) ICE SURFACING EQUIPMENT e) HVAC IMPROVEMENTS f) LIGHTING 5. PROJECT RISK 6. BUDGET IMPACT 7. PATH FORWARD _ MEETING AGENDA Page 34 of 217 2013 -10 -17 1 10.b) Shawn Binns, Director of Recreation and Community Serv... 2013 -10 -17 Proiect Team SBSG PROJECT TEAM Shawn Binns Or Jack Steenhof, M.A.Sc., Josh Small P.Eng Princi al in Charge Project Manager Jesse Lon worth, Chns Langford, Bob Chorny, OAA P.Eng. StruuctumI P.Eng. Josh Small, P.Eng. Joe Emmons, PQS Architect Engineer Electrical Engineer 0 Mechanical Engineer Cost Consulting la Storey Arena Refrigeration Specialist BACKGROUND 2012 • AECOM engaged to conduct conceptual plans and associated costing for renovations • Initial open house held to seek initial design input from stakeholders • Primary project objectives established: Extend lifecycle 20+ years Make the best use of limited capital $ Capitalize on external grants and funding Optimize revenues and operating efficiencies / reduce electrical consumption Meet current and future community needs Improve accessibility Improve aesthetics and functionality Maximize use Design for future scaling • Two Design options presented to Council during the 2013 Budget deliberations. Page 35 of 217 10.b) Shawn Binns, Director of Recreation and Community Serv... BACKGROUND Lifecycle and state of good repair option — Estimated cost $2.3 Million - :i — — +— — — — — — +---- + - - - - — cja_- ,YV�fd BACKGROUND Expanded facility option — Estimated cost $4.5 Million � r R1R i 4 Page 36 of 217 2013 -10 -17 W 10.b) Shawn Binns, Director of Recreation and Community Serv... 2013 -10 -17 ��1V. %%-ff _ BACKGROUND 2013 As part of the 2013 Budget deliberations Council directed staff to solicit public feedback on the two options. Two open houses were held in February Surveys sent to user groups Mixed opinions Numerous requests for extension of the pad to NHL size rink 2013 Budget Capital Budget approved to include $125,000 allocation to provide flexibility if expansion option was to be considered. $2.3 Million approved in 2013 capital. Funding sources: $600K reserves, $1.7MM debenture April 24, 2013 — Staff Report RC 2013 -09 Strategic Facility Plan presented to Council on the facility options. Council approved proceeding with Option 1 to provide greater financial flexibility with other projects while providing direction to proceed with detailed design on Option 1 considering the pad extension as a provisional item. Steenhof Building Services Group engaged to undertake design. LAS engaged to provide support in maximizing efficiencies and incentives. Repairs to flat roof and dasher board reinforcement completed prior to 201312014 ice season. r�r;•„ -. llv,r _ Project Scope Update Proposal items and recommendations to scope Note: Item not included in BUILDING, COMMON AREAS, CHANGE ROOMS AECOM Scope /Budget Change layout and to improve functionality, appearance and energy efficiency of entrance area, enclosed viewing space & community room. • Improve Layout of Change room • Upgrade replace plumbing where required Roofing replacement / upgrade on flat roof Upgrade insulation values of building envelope, where applicable Improve low -e ceiling to reduce condensation problem Improve building dehumidification system to help prevent condensation issues Tie in all relevant equipment to a new building automation system Extend rear of building to improve building layout and functionality Relocation of Olympia Room to new building extension Add Parks Maintenance Storage Roam in new addition SITE • Relocating the septic system • Provide additional parking spaces • Entry / vehicle movement • Remove 8'x 40' container 4 Page 37 of 217 10.b) Shawn Binns, Director of Recreation and Community Serv... 2013 -10 -17 -AV&", Proiect Scope ICE SURFACE • Replace ice surface including brine distribution piping and concrete pad to improve efficiency and extend arena life • Replace dasher Boards • Extend the ice pad 20' length and 5' in width to achieve 200' x 85' NHL size ice rink ICE SURFACING EQUIPMENT • Upgrade pumps and motors to high efficiency equipment with improved on /off or VFD controls • Water filtration system • Replace Heat recovery systems tie into flood ice water and building heating load requirements HVAC • Replace oil furnace with natural gas fired radiant heating system • Replace all electric water heaters with natural gas hot water system • Upgrade change room HVACto include HRV's and radiant heating systems LIGHTING • Upgrade lighting to high efficiency LED or equivalent • Add occupancy sensors and lighting controls linked into a building automation system �,�.,.. 5�4 EXISTING BUILDING DESIGN CONCERNS: EXISTING BUILDING Congested entrance • Narrow change room hallway • Olympia room on side of arena _ i .� LL l I I I — — .1- -._._.4._._. -4._. s_ _._._.�._._. .— — I I I I P I I I I I I I I I I I I I I I I I I f r, I �--I — — — - --- I ------ H-4 4 - - - -- — — — — 5 Page 38 of 217 10.b) Shawn Binns, Director of Recreation and Community Serv... / /.r /,,l a Recommended Design Proposal Y 4 Y y^ �i �I DESIGN IMPROVEMENTS: • New rink NHL regulation surface & dasher hoard system • m Iproved change room layout, increased seating capacity, 2 larger rooms with barrier free • Improved Entrance flow • 2 Storey Grand Entrance look • Barrier free wash room and change rooms • Add 2nd exit path from upstairs & change room, Recommended Design Proposal i _____ ______ Iir i I i i -- . DESIGN IMPROVEMENTS: • New rink NHL regulation surface& dasher board system • m proved change room layout, increased seating capacity, 2 larger rooms with barrier free access • mproved Entrance flow 2 Storey Grand Entrance look • Barrier free washer room and change rooms • Add 2nd exit path from upstairs & change rooms Page 39 of 217 2013 -10 -17 11 10.b) Shawn Binns, Director of Recreation and Community Serv... f`livr% Ile'rl+ - Recommended Design Proposal ['Jrr ✓l /'Jredortc ��� LL— r [ DbxcE�tuaL acxEWU1CDNLT co ! k Refrigeration Upgrades , • Improved water quality • New efficient low ma intenance corn pressors • Im proved ice temperature control • Improved heat recovery with capacity for flood water and building heating • Reduced operating costs Page 40 of 217 2013 -10 -17 7 10.b) Shawn Binns, Director of Recreation and Community Serv... 2013 -10 -17 Mechanical /Electrical HVACIMPROVEMENTS Roof Top HVAC -FROwF _ 1 Radiant Heat tied into heat Radiant Heat tied HRV In dressing into heat Improvedde- very humid ifcatlon I I ----- _ —__ __ �7 I l - . l tl �. Ak Lighting LIGHTING Lighting Upgrades - r fri efficiency LED lighting to reduce heating load on refrigeration plant FV Page 41 of 217 10.b) Shawn Binns, Director of Recreation and Community Serv... 2013 -10 -17 Functional Improvements — Provisional Rink Divider— Dasherboards NW corner as mini stick wall MAX IMIZE your facility. / MAXIMIZE your profits! PROJECT RISK 1. Corrosion observed at 3 test openings • Potential Cost Over -run for Reinforcing (TBD) • Mitigate Risk — Contract Unit Rates for Cash Allowance Draw 2. Soil Conditions at site allow for building expansion to be completed with traditional shallow foundations • Potential Cost Over -run for excavation and deep foundation requirements • Mitigate Risk — Contract Unit Rates and commission soils report for expansion area we Page 42 of 217 10.b) Shawn Binns, Director of Recreation and Community Serv... Page 43 of 217 10.b) Shawn Binns, Director of Recreation and Community Serv... c�,Y, %f•��.,��rt Options and Considerations Option 1 - Solely address lifecycle Option 2 — Increase scope to maximize efficiencies or address lifecycle and extend pad Option 3 — Optimize project objectives and functional improvements To achieve timelines a decision point is required to progress in design Considerations — Lifecycle, incentives, increase revenue /lower operating costs, future site development, Community Needs - Functionality, Operating Costs, Finances, Economies of scale, Middle ground between first two options Financed from Contingency Reserve $40,000 Facility Replacement Reserve Arena $165,000 $200,000 $200,000 General $12,400 $9,840 $165,000 $212,400 $249,840 Annual Contribution required from approved 2013 contingency reserve $40,000 Page 44 of 217 2013 -10 -17 11 Proposed financing options Option 1 Option 2 Option 3 (2013 Budget) Est. Cost Est. Cost Est. Cost $2,300,000 $2,695,000 $3,047,000 Financing: Facility Replacement Reserve $605,000 $605,000 $605,000 Recreation Reserve $121,000 $121,000 $121,000 Contingency Reserve $134,000 $134,000 $174,000 Facility Repair Reserve $65,000 $65,000 $65,000 Debt Issuance 137500` $1,770,000 $2,082,000 `adjusted to reflect timing $2,300,000 $2,695,000 $3,047,000 Annual Debt Repayment 2015 -2024 $165,000 $212,400 $249,840 Financed from Contingency Reserve $40,000 Facility Replacement Reserve Arena $165,000 $200,000 $200,000 General $12,400 $9,840 $165,000 $212,400 $249,840 Annual Contribution required from approved 2013 contingency reserve $40,000 Page 44 of 217 2013 -10 -17 11 10.b) Shawn Binns, Director of Recreation and Community Serv... 2013 -10 -17 r ,•, -A„ 2014 -2023 Debt Charge Forecast 12 Page 45 of 217 10.b) Shawn Binno. Director of Recreation and Community Som' Page 46 of 217 ILI LU 0 LU Page 46 of 217 10.b) Shawn Binno. Director of Recreation and Community Som' Page 47m217 10.b) Shawn Binno. Director of Recreation and Community Som' Page 48 of 217 P�l i Page 48 of 217 10.c) Report No. RC2013 -21, Shawn Binns, Director of Recreat... ,11 Township of _�// REPORT « Proud Heritage, Exciting Future Report No. RC2013 -21 To: Council Prepared By: Justin Hodgkinson Meeting Date: October 16, 2013 Subject: Request for Exemption — Moonstone Santa Claus Parade Motion # Roll #: R.M.S. File #: RECOMMENDATION(S): Requires Action X❑ For Information Only It is recommended that: 1. Report No. RC2013 -21 be received and adopted; 2. An exemption to By -law 2006 -38 be granted for the Moonstone Santa Claus Parade to be held on Sunday, December 1, 2013 at 1:00pm; 3. That the organizing committee liaise with the County of Simcoe to acquire the required approvals for use of the Moonstone Road (County Road 19); 4. That the organizing committee be advised of Council's decision. I BACKGROUND: I By -Law No. 2006 -38 regulates the holding of parades or processions /events in the municipality. Section 8 of the afore - mentioned By -law permits that in a situation where a parade or procession /event will last less than 24 hours, Council may dispense with any or all of the requirements of the By -Law. The Moonstone Recreation Committee, organizers of the event, is requesting that Council waive the requirements of the By -Law for the Moonstone Santa Claus Parade to be held on Sunday, December 1, 2013 at 1:00pm. The Moonstone Santa Claus Parade has been an annual event and the current volunteer group has organized the parade very successfully for the last 4 years. The organizer, Mrs. Lila Osborne, is partnering with Moonstone Recreation Committee and the Township to organize this event. Recreation and Community Services October 16, 2013 Report No. RC2013 -21 Page 1 of 3 Page 49 of 217 10.c) Report No. RC2013 -21, Shawn Binns, Director of Recreat... The Parade Route will be as follows: • Leave Works Yard, turning right onto County Rd. 19 • Immediately turn left onto Ellen Drive • Straight down Ellen, crossing Line 8 and continuing straight, the road is now called Agnes Dr. • At the end of Agnes turn right onto Duncan Drive • At the end of Duncan turn left onto Line 8 At the corner of the Line 8 and County Rd. 19 turn right onto the County Rd 19. Take County Rd 19 back to the Works Yard ANALYSIS. Mrs. Lila Osborne (Organizing committee member) has submitted a request for exemption to the conditions of By -Law 2006 -38. Section 8 of the afore - mentioned By- law permits that in a situation where a parade or procession /event will last less than 24 hours, Council may dispense with any or all of the requirements of the By -Law. Specifically the organizing committee is requesting exemptions to section 3 (Provision of Liability Insurance) and section 6 (Provision of Damage Deposit) to permit the annual parade. Risk Management • The organizing committee will have volunteers assisting with the parade • OPP have been notified and requested to be in attendance. • OMFES has been notified of the event. FINANCIAL: N/A POLICIES /LEGISLATION: Highway Traffic Act R.S.O 1990 By -Law 2006 -038 CONSULTATIONS: Director,Transportation and Environmental Services Fire Chief ATTACHMENTS: 1) Request for exemption 2) Parade route map Recreation and Community Services October 16, 2013 Report No. RC2013 -21 Page 2 of 3 Page 50 of 217 10.c) Report No. RC2013 -21, Shawn Binns, Director of Recreat... CONCLUSION: The Moonstone Santa Claus Parade will draw significant community involvement and participation. The organizing group has taken all reasonable precautions to ensure that the event will be run safely and the associated risks will be properly managed. It is recommended that Council grant this request to allow this event to occur again in 2013. Respectfully submitted: Justin Hodgkinson Community Recreation Coordinator roval / Comments: ox--� Recreation and Community Services Report No. RC2013 -21 October 16, 2013 Page 3 of 3 Page 51 of 217 10.c) Report No. RC2013 -21, Shawn Binns, Director of Recreat... Page 52 of 217 10.c) Report No. RC2013 -21, Shawn Binns, Director of Recreat... Hodgkinson, Justin From: Lila Osborne Sent: Tuesday, September 17, 2013 1:34 PM To: Hodgkinson, Justin Subject: Moonstone Santa Claus Parade Follow Up Flag: Follow up Flag Status: Completed Justin, Hi, it's me bugging you again! Yes, it is time to start on the /Moonstone Santa Claus Parade. This year we have it scheduled for Sunday, becember 1st. 2013 @ 1:00 p.m. I know I have to send a letter to Council. T could use your help with a couple of other things though. Would you be able to tell me the name and contact info for the Fire Chief? I need to contact someone to get the approval to use the Fire Hall for the community gathering after the parade. Also I need permission to use the Township Yard for the assembly of floats -I get that from you right ? ?? Thanks for your assistance, it is always appreciated! Li la Page 53 of 217 10.d) Shawn Binns, Director of Recreation and Community Serv... The Corporation of the Town of Bracebridge BRACEBRIDGE `he Hd "I' i 21 r�iu:a$alr., October 3, 2013 Shawn Bins Director, Recreation and Community Services Township or Oro - Medonte And Donna Hewitt Director, Corporate and Strategic Initiatives Township or Oro - Medonte Via Email Dear Shawn and Donna, Thank you for meeting with the Town of Bracebridge and 2014 Ontario Winter Games representatives back in the spring. The preparation for the event has certainly gained speed over the last few months and we would like to continue with more discussions with the Township of Oro - Medonte on participation in the Games. The Ontario Winter Games are the largest multi -sport event in the province, with over 2,800 athletes, coaches, managers and major officials participating in 27 different sport events. The Games provide athletes aged 22 and under with development and competitive opportunities that will prepare them for national and international competition. Also, this upcoming year will mark the first time that Para Sports will be included in the Games. Sledge Hockey, Wheelchair Basketball, Wheelchair Curling and Para Alpine Skiing will make their debuts at the 2014 Games. The Games are primarily funded by the Province of Ontario and are administered through Sport Alliance Ontario. Muskoka municipalities partnered to host the 2010 Ontario Winter Games and were awarded the Games again for the 2014 event, with the Town of Bracebridge acting as the lead community. The 2014 Ontario Winter Games will take place across Muskoka and Simcoe County from February 27 — March 2, 2014. In addition to the funding received from the Province, a significant amount of financial support is required from the host communities, through private sponsorship and through public granting opportunities. The municipalities in the District of Muskoka as well as the Town of Midland and the City of Orillia have become financial partners on the Games. This financial support is in relation to the direct economic impact an event of this size brings to the region. In addition to the athletes, coaches and officials who 'f+a 1 tho i-Z' c. ofo in oroo —A ­—A mn , ;n —, ­­­;C­ if i� Lnn ... n fkof Page 54 of 217 10.d) Shawn Binns, Director of Recreation and Community Serv... As you know, there will be close to 500 athletes participating in Alpine sports at Mount St. Louis Moonstone, along with additional coaches and officials. This venue will be host to the largest percentage of athletes participating in the Games as a whole. These participants will be accommodated at Horseshoe Resort and Carriage Hills in Ora - Medonte and at Geneva Park in Orillia. In addition to these accommodators, additional overnight stays will be required for the spectators attending events at Mount St. Louis Moonstone. Due to the large number of both participants and spectators expected in Oro - Medonte, it is felt that the community will see an influx in spending during the Games, making this an excellent opportunity for area businesses to get involved. Staff at Mount St. Louis Moonstone have been extremely supportive and excited to host the alpine events at their facility, including Alpine Skiing, Para Alpine Skiing, Snowboarding and Freestyle Skiing. Sara and Robert Huter have extensive experience in hosting these types of events, liaising with Provincial Sport Organizations, as well as handling the logistics of providing auxiliary facilities, meals and meeting special needs of athletes. In order to support the events occurring at Mount St. Louis Moonstone, approximately 60 — 90 volunteers will be required. At this time, the Town of Bracebridge along with the 2014 Ontario Winter Games Organizing Committee would like to invite the Township of Oro - Medonte to become an official municipal partner of the Games. This partnership would include a commitment of staff and/or volunteer resources to: • Support to Mount St. Louis Moonstone in hosting the sports ■ Assist in the coordination of event logistics such as meals, transportation, volunteers, etc. ■ Assist in seeking potential sponsorship opportunities within Oro - Medonte • Assist in liaising with area accommodators, restaurants, potential suppliers, etc ■ Participation at the Games Organizing Committee level by appointing a "Community Chair" to liaise between the Committee and the municipality / venue. In addition, due to the significant economic benefit to the community, the Town of Bracebridge would also like to ask Oro - Medonte for a financial contribution to support the Games. The City of Orillia and the Town of Midland have both come on board as no -risk municipal partners (no financial risk if the Games incur a financial legacy or deficit) at $5000.00 each. As such, the request to Oro - Medonte would be the same. As a next step, we would like to suggest a meeting with representatives from the Town of Bracebridge and the 2014 Ontario Winter Games to have further discussion on the possible support for the Games. can be reached at 705 -645 -3037 ext. 237 or at kball cDbracebridge.ca. Sincerely, � ' () ��(ZLL Kim Ball Recreation Programmer Recreation / Planning and Development Departments Town of Bracebridge Page 55 of 217 10.d) Shawn Binns, Director of Recreation and Community Serv... 2014 ONTARIO WINTER GAMES DRAFt INTER- MUNICIPAL CO- HOSTING AGREEMENT BRACEBRIDGE TM Hewn of hl -koks 2014 Ontario Winter Games Inter - Municipal Co- Hosting Agreement Between The Corporation of the Town of Bracebridge (hereinafter referred to as "Bracebridge ") and the participating municipalities of: and The Corporation of the Town of Huntsville (hereinafter referred to as "Huntsville ") and The Corporation of the Town of Gravenhurst (hereinafter referred to as "Gravenhurst ") and The Corporation of the Township of Lake of Bays (hereinafter referred to as "Lake of Bays ") and The Corporation of the Township of Muskoka Lakes (hereinafter referred to as "Muskoka Lakes ") and The Corporation of the City of Orillia (hereinafter referred to as "Orillia ") and The Corporation of the Town of Midland (hereinafter referred to as "Midland ") and The Corporation of the Township of Oro Medonte (hereinafter referred to as "Oro ") THIS CO- HOSTING AGREEMENT made in duplicate and signed in counterparts is effective the _day of 2013. WHEREAS Bracebridge, on behalf of the participating municipalities, has been selected as "Host' for the 2014 Ontario Winter Games (the "Games ") and has been awarded the Grant from the Sport Alliance of Ontario (the "SAO ") to operate the multi -sport provincial competition within the municipal boundaries of Bracebridge and the participating municipalities /territory; AND WHEREAS the participating municipalities includes The Corporation of the Town of Huntsville; The Corporation of the Town of Gravenhurst; The Corporation of the Township of Lake of Bays; The Corporation of the Township of Muskoka Lakes; and The Corporation of the Township of Georgian Bay;, Page 56 of 217 10.d) Shawn Binns, Director of Recreation and Community Serv... 2014 ONTARIO WINTER GAMES \�t INTER - MUNICIPAL CO- HOSTING AGREEMENT BRACEBRIDGE The -tI— t a The Corporation of the City of Orillia, The Corporation of the Township of Oro Medonte and, The Corporation of the Town of Midland; AND WHEREAS Bracebridge has established a Games Organizing Committee (the "GOC ") comprised of representatives from each of the participating municipalities to organize, manage, promote and conduct the Games; AND WHEREAS Bracebridge and the participating municipalities wish to support an opportunity for Ontario's amateur athletes to compete in multi -sport provincial competitions within the municipal boundaries of Bracebridge and the participating municipalities; NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the mutual covenants and agreements contained in this Agreement and subject to the terms and conditions set out in this Agreement, the parties agree as follows: 1.0 The Games 1.1 That Bracebridge and the participating municipalities shall organize, manage, promote and conduct the Games between February 27, 2014 and March 2, 2014 in the participating municipalities /territory in accordance with: 1.2 the Bid Proposal; 1.3 the terms and conditions of the Host City Agreement between Sport Alliance of Ontario (the "SAO ") and the Host; 1.4 the Bid Guidelines; and 1.5 an approved budget. 2.0 Grant 2.1 That, subject to the provisions of this Agreement, Bracebridge and the participating municipalities shall provide a Grant to the GOC calculated at the rate of $1.50 per resident based on the municipality's 2006 Census population as follows: Municipality Population Grant Town of Huntsville 18,280 $27,478 Town of Bracebridge 15,652 $23,478 Town of Gravenhurst 11,046 $16,569 Township of Lake of Bays 3,570 $5,355 Township of Muskoka Lakes 6,467 $9,700 2.2 That the City of Orillia, Township of Oro Medonte and the Town of Midland will each provide a grant in the amount of $5,000 as secondary partners in the Games. 2.3 That Bracebridge will provide office space to the GOC for the efficient organization, management, promotion and conduct of the Games as per section 8.8 of the Host Agreement between the SAO and Bracebridge. Page 57 of 217 10.d) Shawn Binns, Director of Recreation and Community Serv... BRACEBRIDGE DrcHea:, u(N,es6'ok�x 3.0 Purpose of Grant 4.0 5.0 2014 ONTARIO WINTER GAMES INTER- MUNICIPAL CO- HOSTING AGREEMENT 3.1 That Bracebridge and the participating municipalities through the GOC shall only use the Grant for the purposes of the organization, management, promotion and conduct of the Games in strict compliance with the Approved Budget. Responsibilities 4.1 That Bracebridge and the participating municipalities shall provide all the facilities and services necessary to organize, manage, promote and conduct the Games to the standards established by the SAO as set out in the Agreement between Bracebridge and the SAO and as set out in the Bid Guidelines. Representatives and Notices 5.1 That all communications between Bracebridge and the participating municipalities / territory in respect of this Agreement shall be conducted through the following respective representatives at the following addresses: The Corporation of the Town of Bracebridge Address: 1000 Taylor Court Bracebridge, ON P11- 1R6 Fax: (705) 645 -1262 Att: Clerk The Corporation of the Town of Huntsville Address: 37 Main Street East Huntsville, ON P1H 1A1 Fax: (705) 789 -6689 Att: Clerk The Corporation of the Town of Gravenhurst Address: 190 Harvie Street Gravenhurst, ON P1 1S9 Fax: (705)687-7016 Att: Clerk The Township of Lake of Bays Address: 1012 Dwight Beach Road Dwight, ON POA 1HO Fax: (705) 635 -2132 Att: Clerk The Township of Muskoka Lakes Address: P.O. Box 129, 1 Bailey St. Port Carling, ON POB 1J0 Fax: (705) 765 -6755 Att: Clerk The City of Orillia Address: Orillia City Centre 50 Andrew Street South, Suite 300 Orillia, ON L3V 7T5 Fax: (705) 325 -5178 Att: Clerk Page 58 of 217 \= S BRACEBRIDGE Tt,He ,to7 hfu v%ea 6.0 Term 7.0 10.d) Shawn Binns, Director of Recreation and Community Serv... The Town of Midland Address: 575 Dominion Avenue, Midland, ON L4R 1132 Fax: (705) 526 -9971 Att: Clerk The Township of Oro Medonte Address: 148 Line 7 South Oro, ON LOL 2X0 Fax: (705) 487 -0133 Att: Clerk 2014 ONTARIO WINTER GAMES INTER - MUNICIPAL CO- HOSTING AGREEMENT 6.1 That this agreement shall remain in full force and effect: 6.2 until August 1, 2014; or 6.3 until any deficit resulting from the organizing, management, promotion and conduct of the Games has been eliminated; or 6.4 until any surplus resulting from the organizing, management, promotion and conduct of the Games has been dispersed to the satisfaction of the GOC acting reasonably; or 6.5 until any Asset Legacy resulting from the organizing, management, promotion and conduct of the Games has been dispersed in accordance with Section 10.0 to the satisfaction of the GOC acting reasonably. Insurance and Indemnification 7.1 That Bracebridge shall, at its own cost, put in effect and maintain for the period during which the Host Agreement with the SAO is in effect, with insurers acceptable to the SAO, all the necessary insurance that would be considered appropriate for a prudent Host of the Games, as may be determined by the SAO in its sole discretion including Comprehensive General Liability to an inclusive limit of not less than Fifteen Million Dollars ($5,000,000.00) per occurrence for Property Damage, Bodily injury and Personal injury, and Automobile Liability (owned and non -owned or hired units) and including, at least, the following policy endorsements: (i) The Sport Alliance of Ontario as an additional insured; (il) Her Majesty the Queen in Right of Ontario as represented by The Minister of Health Promotion as an additional insured; (iii) Cross Liability; (iv) Contractual Liability; (v) Independent Contractor's Liability: and (vi) Products and Completed Operations Liability. 7.2 That Bracebridge and all participating municipalities / territory shall put into place and continue to maintain for the period during which this Agreement is in effect all the necessary insurance appropriate to the venues within their municipal boundaries where Page 59 of 217 417TT\ \��\/ BRACEBRIDGE Th, hk—tcx Mudkcka 8.0 10.d) Shawn Binns, Director of Recreation and Community Serv... 2014 ONTARIO WINTER GAMES INTER - MUNICIPAL CO- HOSTING AGREEMENT the Games take place, to the activities to take place in said venues and without limitation to all activities relating to the Games (including sport and ceremonial activities). 7.3 That the insurance put into place by Bracebridge and all participating municipalities shall at a minimum include Comprehensive General Liability to an inclusive limit of not less than Fifteen Million Dollars ($15,000,000.00) per occurrence for Property Damage, Bodily injury and Personal injury, and Automobile Liability (owned and non -owned or hired units). All insurance maintained by Bracebridge and the participating municipalities must be acceptable to S.A.O. as S.A.O, may determine in its sole discretion. 7.4 Notwithstanding article 7.1, each of Bracebridge and the participating municipalities shall save and hold harmless each other from claims arising out of each and every event that is controlled and managed within their municipal / territorial boundaries and that each of Bracebridge and the participating agree to respond independently to defend each and every claim against them arising from the Games. 7.5 That Bracebridge and the participating municipalities shall provide the SAO with valid Certificates of Insurance (and a renewal replacement as may be necessary), which references the Games, confirms the above requirements and states any pertinent exclusions, as applicable, contained by the policy(ies). 7.6 That Bracebridge, through the GOC, shall develop and implement a risk management plan for the organization, management, planning and conduct of the Games. Accounting and Auditing 8.1 That Bracebridge shall, on behalf of the participating municipalities / territory, keep and maintain care and control of all records, invoices, and other documents of the Host and the GOC relating to the organization, management, promotion and conduct of the Games in accordance with the Agreement between Bracebridge and the SAO. 9.0 Recognition 9.1 That Bracebridge, through the GOC, shall ensure that the contributions and support of the participating municipalities / territory is acknowledged in all advertising, publicity, website and signs related to the Games. 10.0 2014 Ontario Winter Games Deficit. Surplus or Asset Legacy 10.1 That any deficit incurred by the GOC upon the completion of the Games shall be the responsibility of each partner municipality. 10.2 That any deficit shall be apportioned to Bracebridge and the participating municipalities based on the municipality's population per the 2006 Census as outlined in Section 2.1. 10.3 That any surplus funds remaining upon completion of the Games after payment of all liabilities incurred by the GOC resulting from the organizing, management, promotion and conduct of the Games shall be distributed to Bracebridge and the participating municipalities based on the municipality's population per the 2006 Census as outlined in Section 2.1. 10.4 That any physical assets resulting from the organizing, management, promotion and conduct of the Games shall form the Asset Legacy of the Games and such Asset Legacy shall be equitably shared by Bracebridge and participating municipalities as determined by the GOC acting reasonably. Page 60 of 217 10.d) Shawn Binns, Director of Recreation and Community Serv... 2014 ONTARIO WINTER GAMES INTER- MUNICIPAL CO- HOSTING AGREEMENT BRACEBRIDGE 10.5 That should an Asset Legacy be established as a result of the organizing, management, promotion and conduct of the Games, an agreement shall be prepared by the GOC to outline the ownership, roles, responsibilities and terms of use the said physical assets. This Agreement shall be signed on behalf of Bracebridge and the participating municipalities / territory by the proper signing authority. THE CORPORATION OF THE TOWN OF BRACEBRIDGE The signatory has the authority to bind the municipality for purposes of this Agreement. Authorized by By -law _ Mayor Clerk THE CORPORATION OF THE TOWN OF HUNTSVILLE The signatory has the authority to bind the municipality for purposes of this Agreement. Authorized by By -law _ Mayor Municipal Clerk THE CORPORATION OF THE TOWN OF GRAVENHURST The signatory has the authority to bind the municipality for purposes of this Agreement. Authorized by By -law _ Mayor Clerk Page 61 of 217 1O.d) Shawn Binns, Director of Recreation and Community Serv... 2014 ONTARIO WINTER GAMES INTER - MUNICIPAL CO- HOSTING AGREEMENT BRACEBRIDGE Rye Naart d 11-44'. THE CORPORATION OF THE TOWNSHIP OF LAKE OF BAYS The signatory has the authority to bind the municipality for purposes of this Agreement. Authorized by By -law _ Mayor Clerk THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES The signatory has the authority to bind the municipality for purposes of this Agreement. Authorized by By -law Mayor Clerk THE CORPORATION OF THE CITY OF ORILLIA The signatory has the authority to bind the municipality for purposes of this Agreement. Authorized by By -law _ Mayor Clerk Page 62 of 217 1O.d) Shawn Binns, Director of Recreation and Community Serv... 2014 ONTARIO WINTER GAMES ` -�—" INTER - MUNICIPAL CO- HOSTING AGREEMENT BRACEBRIDGE The: fears ahfesRZkei THE CORPORATION OF THE TOWNSHIP OF ORO MEDONTE The signatory has the authority to bind the municipality for purposes of this Agreement. Authorized by By-law_ Mayor Clerk THE CORPORATION OF THE TOWN MIDLAND The signatory has the authority to bind the municipality for purposes of this Agreement. Authorized by By -law _ Mayor Clerk Page 63 of 217 10.e) Report No. CS12013 -4, Donna Hewitt, Director of Corpor... REPORT Proud Heritage, Exciting Future Report No. To: Prepared By: CSI 2013 -04 Donna Hewitt, Director of Council Corporate & Strategic Initiatives Meeting Date: Subject: Motion # October 16, 2013 Small, Rural and Northern Municipal Infrastructure Fund — Roll #: R.M.S. File #: Capital Program RECOMMENDATION(S): Requires Action For Information Only It is recommended: 1. THAT Report CS12013 -04 be received, 2. THAT staff be directed to submit the Expression of Interest to the Small, Rural and Northern Municipal Infrastructure Fund — Capital Program for $540,000 for the rehabilitation of Line 3 from County Road 11 to Highway 11, 3. AND THAT staff include the municipality's contribution of $60,000 in the 2014 capital budget. BACKGROUND: On October 4, 2013, the Provincial Government announced the intake of applications for infrastructure projects through the "Small, Rural and Northern Municipal Infrastructure Fund — Capital Program ". $71 million is available for both new applications and those re- submitted from the 2012 MITI Program. Eligible municipalities include those: with 100,000 or fewer residents; 25 per cent or greater rural residents; or those located in Northern Ontario. As taken from the Program Guide — "The objective of the Small, Rural and Northern Municipal Infrastructure Fund — Capital Program is to support: • Critical road, bridge, water and wastewater projects where the primary objective is to address urgent public health and safety issues or maintain public health and safety in the long -term; • Projects identified as priorities in municipal asset management plans and • Applicants with challenging economic conditions and limited fiscal flexibility, with additional consideration for applicants who are making significant infrastructure investments." This program has a two stage project selection process: CSI Meeting Date October 16, 2013 Report No CSI 2013 -04 Page 1 of 4 Page 64 of 217 10.e) Report No. CS12013 -4, Donna Hewitt, Director of Corpor... Stage 1: Submission of an Expression of Interest (EOI) for pre- screening — due November 1St, 2013; Stage 2 (for those who are successful at Stage 1): Submission of a full application including their Asset Management Plan - due January 2014. Final decisions on funding recipients are planned for February 2014, with funds to begin flowing by March 31, 2014. Projects must be completed by December 31, 2015. The share of provincial funding that may be requested is flexible up to a maximum of 90% of total project costs or $2 million, whichever is lower. Applicants are encouraged to consider renewal, rehabilitation, and replacement projects before expansion projects. Projects must be critical in that their primary objective must be to address urgent public health and safety issues or maintain public health and safety over the long -term. Projects will be assessed as follows: 1. Preliminary evidence of current or future health and /or safety issue: - Water/Wastewater Projects will be assessed within the Ministry of the Environment standards, - Road Projects will be assessed in terms of accident risk, - Bridge Projects will be assessed on the condition of the structure as documented in Structure Inspection Forms; 2. Commitment to complete a comprehensive asset management plan by December 31, 2013 as described in the Guide for Municipal Asset Management provided by the provincial government Applicants must attest that the proposed project is a priority in their plan and that they will make that plan publicly available on -line by May 30, 2014; 3. Applicant's economic conditions which include information from Statistics Canada, Financial Information Return and will be based on total weighted property assessments and incomes. ANALYSIS: Staff has reviewed the infrastructure assets deemed eligible projects noted above and owned by the Municipality as categorized in the Asset Management Plan. Given the "encouragement" of the Provincial Government to consider renewal, rehabilitation and replacement projects coupled with the deadline to have the project completed by December 2015, staff is not recommending consideration of a new wastewater treatment facility to service the Horseshoe Valley /Craighurst corridor as a potential project. The existing wastewater treatment facility in Horseshoe Valley is not an asset of the municipality and does not form part of our Asset Management Plan. Based upon the Ontario Structure Inspection Forms completed semi - annually by Burnside Engineering, none of the bridges within Oro - Medonte are categorized as "Urgent" with respect to their current state of repair. Any proposed work is noted for timeframes beyond one year. Over the course of the past seven years, Council has directed considerable resources to the paving ."of the Township's roads. In many instances this effort has been expended to pave previously gravel - 'surfaced roads. As such, many of our roads are in good repair. However, one well - travelled section CSI Report No CSI 2013 -04 ng Date October 16, 2013 Page 2 of 4 Page 65 of 217 10.e) Report No. CS12013 -4, Donna Hewitt, Director of Corpor... of Line 3 from County Road 11 (Old Barrie Road) to Highway 11 was identified as worthy of consideration for this funding program. This road was assumed by the municipality from the County of Simcoe approximately 15 years ago. The Township has not been in a position to direct any funds towards the rehabilitation of this road. No work has been completed within the past 15 years aside from regular patch work. Traffic counts indicate that it is a well - travelled route throughout the year with many visiting tourists using this to access our ski resorts and golf courses from Highway 11. These counts will continue to increase when the housing development at the intersection of Line 3 and the Bass Lake Side road is completed. Furthermore, this is a school bus route for both the Simcoe County District School Board and the Simcoe Muskoka District Catholic School Board. The profile of this road has deteriorated and presents considerable challenge to our Transportation staff during the winter months (snow and ice accumulation) and during heavy rains. It is staff's assessment that the rehabilitation of Line 3 as noted above should be submitted for funding consideration. FINANCIAL / LEGAL IMPLICATIONS / RISK MANAGEMENT: Financial: It is estimated that the rehabilitation of Line 3 as noted previously would cost the municipality approximately $600,000. Given the maximum contribution outlined, it is recommended that the municipality request the maximum 90% limit or $540,000 with the remaining 10% or $60,000 to be included in the 2014 Capital Budget. If the Township is successful in its Infrastructure Funding request, our procurement policies would be followed with on -going project reports to Council. Legal Implications /Risk Management. There is no risk associated with submission of the funding application. With each passing year with no significant resources committed to the rehabilitation of this section of road, the risks and therefore legal implications associated with motor vehicle accidents will increase. POLICIES /LEGISLATION: CORPORATE STRATEGIC GOALS: Safe and Healthy Community: To ensure that Oro - Medonte policies and programs promote a safe and secure environment while encouraging healthy lifestyles. External Relations: To be recognized as a "good neighbour" with municipalities in the local area and to be proactive in promoting the interest of the township at the County, Provincial and Federal levels of Government and with private sector organizations. CSI Meeting Date October 16, 2013 Report No CSI 2013 -04 Page 3 of 4 Page 66 of 217 10.e) Report No. CS12013 -4, Donna Hewitt, Director of Corpor... CONSULTATIONS: CAO Deputy CAO/Treasurer ATTACHMENTS: CONCLUSION: The rehabilitation of Line 3 from County Road 11 to Highway 11 represents an opportunity for the municipality to secure provincial funding support through the Small, Rural and Northern Municipal Infrastructure Fund - Capital Program. Respectfully submitted: Donna Hewitt Director Corporate & Strategic Initiatives C.A.O. Approval / Comments: Report No CSI 2013 -04 - ".— 1 4 M&al Jerry Ball Director Transportation & Environmental Services Meeting Date October 16, 2013 Page 4 of 4 Page 67 of 217 10.f) Report No. DS2013 -60, Andria Leigh, Director of Develo... ,cal I wnsh ' o f REPORT (��•? Proud Heritage, Exciting Future Report No. DS2013 -060 To: Council Prepared By: A. Spinosa, Planner Meeting Date: Subject: Motion # October 16, 2013 Site Plan Agreement (Democrat Maplewood Limited) Roll #: R.M.S. File #: 4346- 010 - 003 -26613 2013 - SPA -26 D11 46585 (Lot 113) (Lot 113) Plan 51M-957 (Former Township of Oro) Lot 113 RECOMMENDATION(S): Requires Action❑X For Information Only It is recommended: 1. THAT Report DS 2013 -060 be received and adopted; 2. THAT the Township of Oro - Medonte enters into a Site Plan Agreement with Democrat Maplewood Limited thereby permitting the removal of the Holding Provision applying to Lot 113 for the construction a of single detached dwelling; 3. THAT the Clerk bring forward the by -laws for Council's consideration to enter into Site Plan Agreement with Democrat Maplewood Limited and to remove the Holding Provision applying to the lands described as Lot 113 of Plan 51 M -957, respectively; and 4. AND THAT the owner be notified of Council's decision. BACKGROUND: The applicant is proposing to have a Site Plan Agreements registered on title for the construction of a 200.86 sq.m. (2162 sq.ft.) single detached dwelling with a 48.96 sq.m. (527 sq.ft.) attached 3 car garage on Lot 113. The zoning presently in effect for the subject lands is Residential One Holding Provision (R1 (H)) Zone and, as such, the owner must enter into a Site Plan Agreement prior to the issuance of a Zoning Certificate and Building Permit related to the construction of the dwelling on the respective Lot. The owner must enter into a Site Plan Agreement before the Holding Provision can be removed. DEVELOPMENT SERVICES Report No. DS2013 -060 October 16, 2013 Page 1 of 4 Page 68 of 217 10.f) Report No. DS2013 -60, Andria Leigh, Director of Develo... Due to the discovery of a potential ossuary on Lot 122 of the Diamond Valley Estates Subdivision, Planning staff have now incorporated additional wording into all site plan agreements that requires the owner of a lot and /or their agent to: • retain the services of a consulting archaeologist for their on -site presence and monitoring of any grading or ground alterations within 50 metres of a potential ossuary; • assume all liability with respect to the discovery of any ossuary and /or archaeologically sensitive features or areas through any development; and • cease work immediately upon the discovery of a potential ossuary and /or archaeologically sensitive feature, and to notify all appropriate Ministries and Agencies, including, the Registrar of Cemeteries and the Township. ANALYSIS: The property is designated Residential by the Township's Official Plan, and are zoned Residential One Holding Provision (R1 (H)) Zone by the Township's Zoning By -law 97 -95. The Site Plan Agreement and Removal of Holding Provision would permit construction of a Single Detached Dwelling in conformity with the permitted uses of the Official Plan and in compliance with the use and setbacks contained in the Township's Zoning By -law. The applicant is required to enter into a Site Plan Agreement with Council with respect to the removal of the Holding Provision on the subject Lot. These provisions were imposed through the subdivision approval process in order to determine appropriate building envelopes and the protection of the tree canopy. Further, Planning staff have reviewed the submission related to the proposed construction of dwelling on the subject lot, and confirmed their compliance with applicable provisions of the Township's Zoning By -law 97 -95, as amended. FINANCIAL: Not applicable. POLICIES /LEGISLATION: Township of Oro - Medonte Official Plan Township of Oro - Medonte Zoning By -law 97 -95 Planning Act, R.S.O 1990, c. P. 13, Sections 36 and 41 CONSULTATIONS: • Township Departments ATTACHMENTS: Schedule 1: Location Map DEVELOPMENT SERVICES October 16, 2013 Report No. DS2013 -060 Page 2 of 4 Page 69 of 217 10.f) Report No. DS2013 -60, Andria Leigh, Director of Develo... CONCLUSION: The purpose of the Site Plan Application is to register a Site Plan Agreement on title for the subject Lot, with respect to the construction of single detached dwellings on Lot 113 of the Diamond Valley Estates Subdivision (Plan 51 M -957), due to the Holding Provision applying to the zoning of the Lot. It is recommended that Site Plan Application 2013 - SPA -26, be approved and the associated by -laws for Site Plan Approval and Removal of the Holding Provision be adopted by Council. Respectfully su mitted: Adriann pinosa, Planner Reviewed by: -0 0 Andria Leigh, MC P, RPP Director, Development Services SMT Approval / Comments: C.A.O. Approval / Comments: DEVELOPMENT SERVICES Report No. DS2013 -060 October 16, 2013 Page 3 of 4 Page 70 of 217 10.f) Report No. DS2013 -60, Andria Leigh, Director of Develo... SCHEDULE 1: LOCATION MAP 2013- SPA -26 (Plan 51M-957 Lot 113) DEVELOPMENT SERVICES Report No. DS2013 -060 October 16, 2013 Page 4 of 4 Page 71 of 217 10.g) Report No. DS2013 -62, Andria Leigh, Director of Develo... % hi- of REPORT Proud Heritage, Exciting Future Report No. To: Council Prepared By: DS 2013 -062 Andria Leigh, Director, Development Services Meeting Date: Subject: Request for Extension of Motion # October 16, 2013 Draft Plan Approval, Plan of Subdivision Application 2008 - SUB -02, Lake Simcoe Aeropark Roll #: R.M.S. File #: D12 38810 4346- 010 -003 -32900 & Inc., Part Lots 18 and 29, 4346- 010 - 003 -33000 Concession 8 (Oro), Township of Oro - Medonte RECOMMENDATION(S): Requires Action I X I For Information Only It is recommended: 1. THAT Report No. DS 2013 -062 be received and adopted. 2. THAT Council approves the extension to draft plan approval for Lake Simcoe Aeropark Inc. 2008 - SUB -02 for a period of one year to October 16, 2014. 3. AND THAT the owner be advised of Council's decision. BACKGROUND: In November, 2010, Council gave draft plan approval for a period of three years for Phase 1 of the Lake Simcoe Aeropark Inc. development consisting of 23 economic development lots located across from the Lake Simcoe Regional Airport on Line 7 North. (See Attachments #1 and #2 for Location Map and Approved Draft Plan) Stratega Consulting Ltd. has submitted correspondence requesting an extension to their draft plan approval (Attachment #3). As stated in their correspondence the applicant has been working towards the completion of the required engineering to satisfy the draft plan conditions. The applicant has also been working with the Township and the Lake Simcoe Region Conservation Authority (LSRCA) related to conformity with the Lake Simcoe Protection Plan (LSPP) and potential redline revisions for Phase 2 of the draft plan. The purpose of this report is to analyze the draft plan extension request and make recommendations to Council. A map outlining the approved Draft Plan for Phase 1 subject to this report is contained in Attachment #2 of this report. DEVELOPMENT SERVICES Report No. DS 2013 -062 Meeting Date October 16, 2013 Page 1 of 6 Page 72 of 217 10.g) Report No. DS2013 -62, Andria Leigh, Director of Develo... ANALYSIS: In order to receive final approval from the Township and proceed to registration of the plan of subdivision, the landowner is required to clear all conditions imposed by the approval authority (Township) and provide the appropriate clearance letters from the required agencies. A summary is provided below with the reasons for requesting Council's consideration in a draft plan extension. The present 23 lot industrial draft plan of subdivision is located on the east side of Line 7 North within the Lake Simcoe Regional Airport Economic Employment District as identified in the Growth Plan. Each of the 23 lots will have frontage onto a new internal public road system (Streets A and B) and have varying lot frontages and areas which exceed the minimum provisions contained in the Township's Zoning By -law 97 -95, as amended. The draft plan also includes Block 25 (Stormwater Management Block), Block 26 (Sewage Treatment Plant Block), and related road widen i ng's/reserves. The owner has indicated that the communal servicing matters and the resolution of the Lake Simcoe Protection Plan matters have delayed the registration of this project to date. However based on more recent discussions between the applicant, the Township, and the LSRCA it is anticipated the one year draft plan extension will permit the conditions of draft plan approval to be satisfied and registration of the plan to occur. It is further anticipated that approval for Phase 2 of the draft plan will be presented to Council for consideration in that same time frame. FINANCIAL / LEGAL IMPLICATIONS / RISK MANAGEMENT: Not applicable. POLICIES /LEGISLATION: The Planning Act, in Section 51 (32) provides the ability for an approval authority to provide approval lapses at the expiration of the time period specified by the approval authority, being not less than three years. Section 51(44), of the Planning Act provides the ability for the approval authority to withdraw the approval of a draft plan of subdivision. Section 51(33) provides the ability for the approval authority to extend the lapsing date of draft approval of a plan of subdivision /condominium. A notice to these changes is required to be given following any decision to change conditions and is subject to the appeal process. The Planning Act contains a provision wherein the approval authority can impose a lapsing of draft plan approval. This is useful in some instances where registration will not occur due to various circumstances. Without this `sunset clause', draft plans can remain open in perpetuity and form unrealistic growth forecast on lands which may never be realized. The above noted draft plan of subdivision is actively working toward the fulfillment of their conditions of draft plan approval. This draft plan is located within a defined employment district and is designated in the Township's Official Plan. DEVELOPMENT SERVICES Meeting Date October 16, 2013 Report No. DS 2013 -062 Page 2 of 6 Page 73 of 217 10.g) Report No. DS2013 -62, Andria Leigh, Director of Develo... CORPORATE STRATEGIC GOALS: Quality of Life: to contribute to an enriched quality of life for residents by maintaining Oro - Medonte's natural beauty and country -like character and by providing opportunities that encourage community participation in activities and recreational programs. Sustainability: to build an increasingly sustainable community with regard for and sensitivity to the needs of future generations. CONSULTATIONS: LSRCA staff Township of Oro - Medonte Official Plan The Planning Act, Section 51 ATTACHMENTS: Attachment 1: Extension of Draft Plan Approval Location Map Attachment 2: Draft Plan Attachment 3: Letter Request Extension to Draft Plan Approval CONCLUSION: On the basis of the above, it is recommended that a one year extension (October 16, 2014) to the draft plan approval from the current lapsing date of November 10, 2013 be granted to the landowner to allow them to proceed with the registration of the subdivision. Respectfully submitted: Andria Leigh, MCIP, PP Director, Development Services SMT Approval / Comments: I C.A.O. Approval / Comments: Ytff., DEVELOPMENT SERVICES Meeting Date October 16, 2013 Report No. DS 2013 -062 Page 3 of 6 Page 74 of 217 10.g) Report No. DS2013 -62, Andria Leigh, Director of Develo... Page 75 of 217 10.g) Report No. DS2013-62, Andria Leigh, Director of Develo ATTACHMENT 2: APPROVED DRAFT PLAN 2 _pQv Ll M P AIR I-At (mvvj imrmev .JAI -\I %?. 0 DEVELOPMENT SERVICES Meeting Date October 16, 2013 Report No. DS 2013-062 Page 5 of 6 Page 76 of 217 k m l 1 Il j 2 _pQv Ll M P AIR I-At (mvvj imrmev .JAI -\I %?. 0 DEVELOPMENT SERVICES Meeting Date October 16, 2013 Report No. DS 2013-062 Page 5 of 6 Page 76 of 217 1O.g) Report No. DS2O13 -62, Andria Leigh, Director of Develo... ATTACHMENT 3: LETTER REQUESTING EXTENSION TO DRAFT PLAN APPROVAL August 28, 2013 Township of Oro - Medonte 148 Line 7 South Oro, Ontario LOL 2X0 (By email and regular post) Re: ®raft Flan AoorovaV— Extension Rarnuired to Meat G'nnrlt4' n File No.: 2008-SUB-02 Subject. Lands Part of Lou 18 and 19, Concession 8 (Oro) Proponent: Lake Simcoe Aeropark Inc. To Whom It May Concern: This letter is the formal request to the Township of Oro- Medonte for an extension to complete the conditions towards final plan approval for the registration of the aforementioned Plan of Subdivision. The proponent, Lake Simcoe Aeropark Inc, has undertaken the majority of the engineering and related studies required to meet the conditions as listed by the Township and appended in its report of the approval granted on November 10, 2010. Part ofthe conditions included dealing with a number of communal servicing issues that require further study and negotiation to ensure the most efficient and environmentally appropriate engineering responses forthe longterm feasibility of the subdivision plan. Lake Simcoe Aeropark Inc. is confident that it will be able to present a range of options to the approval authorities by December 2013, and will requires a time extension of the draft plan approval to permit the proper circulation, feedback and response to and from the various authorities as required to meet the conditions. Please advise the undersigned of any further requirements to complete this request for the extension of the time to complete the required conditions. The undersigned Is prepared to attend any meetings to provide a project status update in person. Sincerely, aA-�—C:3 - Berardo Mascioli, Principal Stratega. Consulting Ltd. 59 Lake Shore Drive Toronto, ON M8V 1Z5 c: 416 938 -5092 o: 647 493 -8689 berardo @strategaconsulting.ca Stratega Consulting Ltd. t 'taming strategy into results' u, www.strategaconsuWng.ca DEVELOPMENT SERVICES Meeting Date October 16, 2013 Report No. DS 2013 -062 Page 6 of 6 Page 77 of 217 10.h) Doug Irwin, Director of Corporate Services /Clerk, re:... CITATION: Oro - Medonte (Township) v. Warkentin, 2013 ONSC 6088 BARRIE COURT FILE NO.: 11 -1101 DATE: 20131008 SUPERIOR COURT OF JUSTICE - ONTARIO RE: The Corporation of the Township of Oro - Medonte, Applicant AND: Hildegard Warkentin, Harold John and Susanne Marie Regan, Gerald and Brenda Prosser, Edward and Edith Pallister, Diane Jean and Jerry Popiuk, Thomas Foster, Stephen Wells and Diane Gerrard, Ivanka Welykanycz, Beverly Jeanne Le May, David and Krystyna Macdonald, Charles and Sheila Manley, Mina Korman, Giovanni Di Vizio, Karen Baldock, Stephen Crawford and Eleonore Hoyer, Marley Greenglass, Joseph and Pauline Bosse, Anthoula and Christopher Chadjimichaelidis, Stewart Gillis, Verna Smith, Patricia Fergusson, Bryan Fergusson, and Margaret Dynes, Justin Fetterolff, Diane Gillis, Arthur and Frances Brennan, Noreen and John Swallow, Ingeborg Kuehn, Jennifer Byrne, Alberto and Anna Maria Novelli, Kevin and Wendy Moore, Daniel Murphy and Judy Cavanaugh, Christa Schneider and Jeffrey Hutchins, Denise and Robert Gardner, Richard, Wendy, and Taylor Brown, Ruth Burleigh, Jacqueline Marie Hammond, Gilda Mercuri, Anthony Veneranda, Paula Anne Mercuri Fetterolff, and Anthony Mercuri, Respondents BEFORE: THE HON. MR, JUSTICE P.H. HOWDEN COUNSEL: C. Williams and J.E. Johnson, Counsel for the Applicant M. Green and B. Ogunmefun, Counsel for the Respondents HEARD: By written submissions ENDORSEMENT ON COSTS [1] On November 14 and 15, 2012, submissions were made to this Court by counsel for the parties on the Township's application. The submissions covered numerous issues and sub - issues in what became, despite the relative brevity of the hearing, a complex matter. On two issues, that of the immunity of municipalities from claims of possessory title against lands held for the benefit of the public and dedication for an illegal purpose, the case could be said to be precedent setting. [21 As well, there were over forty individual respondents, owners of lots along the front tier of the subdivision abutting the disputed land called Lake Shore Promenade on the registered plan. Instead of acting or being represented individually, each with his or her own issues to be examined and tried, they combined for purposes of this proceeding to Page 78 of 217 10.h) Doug Irwin, Director of Corporate Services /Clerk, re:... Page: 2 act as one, represented by one set of counsel. As I recognized during the hearing and in the judgment, they are to be commended because it has substantially limited the length of the hearing and avoided the time - consuming, often repetitive and overlapping multiple submissions based on diverse individual points of view, much of which would not have assisted the Court in its deliberations on the essential issues in this case. I will recognize later that contribution to the Court's ability to deal with the issues in an expeditious and no less fair manner. [3] The major issues in this case included the complexities of dedication of land for a public highway, dedication for a purpose other than a highway, the requirements of the law for highways and dedication in 1914 and before as well as present legal requirements, the subdivision process in the pre -1915 years, surveying practices in pre -1915 Ontario, adverse possession, the Limitations Act requirements then and now, and the equitable doctrines of estoppel and lathes and their application to municipally owned land. It was not an easy case to explain on either side and counsel, with the help of their clients, did a remarkable job in outlining succinctly and knowledgeably the positions of their clients as well as the public and private law aspects of this case. Their efficiency and research, together with that of their clients, assisted the Court greatly in its deliberations on those issues. [4] The Township /applicant has filed a draft bill of costs claiming costs on a partial indemnity basis. There are presently two scales of costs for practical purposes; substantial indemnity and partial indemnity costs. Neither is intended to recover the party's full amount of costs expended during a litigation proceeding. Costs using the principle of full indemnity may be awarded by the Court but those are rare. The usual costs disposition includes an award using the lesser partial- indemnity scale, absent special and blameworthy circumstances. Here, the Township requests its costs to be calculated on the lesser scale of partial indemnity. [5] The claim for costs by the Township comes to $165,721.28 (all figures include HST) for fees for time spent by its solicitors and staff before, during and after the hearing of the application, plus $20,809.70 incurred for disbursements in and for the purposes of this proceeding. Its total claim is therefore $186,530.98. The respondents also claim costs. The respondents claim for fees the sum of $116,432.67, and for disbursements $4,01593, the total claimed against the Township being $120,448.60 (all figures include HST). [6] The legal framework within which the Court must consider costs is contained in S. 131(1) of the Courts of Justice Act, R.S.O. 1990, c.43 as amended and those factors in rule 57.01 which are relevant to this case. Section 131(1) C. J. A. Subject to the provisions of an Act or rules of court, the costs of and incidental to a proceeding or a step in a proceeding are in the discretion of the court, and the court may determine by whom and to what extent the costs shalt be paid. Page 79 of 217 1O.h) Doug Irwin, Director of Corporate Services /Clerk, re:... Page: 3 Rule 57.01(1) In exercising its discretion under section 131 of the Courts of Justice Act to award costs, the court may consider, in addition to the result in the proceeding and any offer to settle or to contribute made in writing, (O.a) the principle of indemnity, including, where applicable, the experience of the lawyer for the party entitled to the costs as well as the rates charged and the hours spent by that lawyer; (O.b) the amount of costs that an unsuccessful party could reasonably expect to pay in relation to the step in the proceeding for which costs are being fixed; (a) the amount claimed and the amount recovered in the proceeding; (b) the apportionment of liability; (c) the complexity of the proceeding; (d) the importance of the issues; (e) the conduct of any party that tended to shorten or to lengthen unnecessarily the duration of the proceeding; (f) whether any step in the proceeding was, (i) improper, vexatious or unnecessary, or (ii) taken through negligence, mistake or excessive caution; (g) a party's denial of or refusal to admit anything that should have been admitted; (h) whether it is appropriate to award any costs or more than one set of costs where a party, (i) commenced separate proceedings for claims that should have been made in one proceeding, or (ii) in defending a proceeding separated unnecessarily from another party in the same interest or defended by a different lawyer; and (i) any other matter relevant to the question of costs. R.R.O. 1990, Reg. 194, r. 57.01 (1); O. Reg. 627/98, s. b; O. Reg. 42/05, s. 4 (1); O. Reg. 575/07, s. 1. Rule 57.01(2) The fact that a party is successful in a proceeding or a step in a proceeding does not prevent the court from awarding costs against the party in a proper case. R.R.O. 1990, Reg. 194, r. 57.01 (2). Page 80 of 217 10.h) Doug Irwin, Director of Corporate Services /Clerk, re:... Page: 4 Rule 57.01(3) When the court awards costs, it shall fix them in accordance with sub -rule (1) and the Tariffs. O. Reg. 284/01, s. 15 (1). [7] Counsel for the Township asserts that it was successful in its application and therefore costs should follow in its favour. While it did not succeed on its initial submission that the Promenade was a public highway owned by the Township, it did succeed in its claim that the Promenade was held by the Township for the benefit of the public and was not subject to a claim for possessory title. In addition, even if it was open to the respondents to claim adverse possession, their evidence failed to meet the indicia required by law. The respondents did succeed in obtaining an order for trial of claims by lot owners in the subdivision to retain the use of any structures erected by them on the Promenade (including the bank down to the lake shore) on the ground of the doctrine of lathes. However, in the Township's view, the costs related to that issue should be considered only after the trial of individual claims have concluded and findings have been made on the issue of entitlement on lathes principles. To this last point, I agree. [8] Counsel for the Township submits that, because it ended up in the position of the judicially declared owner of the bake Shore Promenade free of claims by abutting lot owners for adverse possession, though not as a public highway, it was the more successful party and should be entitled to its partial indemnity costs. [9] Counsel for the Respondents disagrees and submits that success was divided and any award of costs should reflect that. The issue of rights to the Lake Shore Promenade had simmered for many years and every so often it would flare up as it did in the 1980s over back lot owners being denied entry and enjoyment of the Promenade by some front lot owners. The respondents say that this application is public interest litigation and they are public interest litigants and that it was brought only because the respondents, or some of them, had objected to the Ministry of Natural Resources to issue of a shoreline permit allowing the Township to remove structures like docks or boat houses. As a result, the ministry refused the permit and the Township brought this application. The respondents did succeed in obtaining a hearing on the issue of the right to retain docks and boathouses built many years ago, if they qualify on lathes principles. It was the respondents who had raised the lathes issue and whose submissions against dedication of the Promenade as a public highway, carrying with it an automatic immunity from private claims, were successful. [ 10] The respondents state that the pre -trial motions for conversion of the application to a trial proceeding and for adjournment of the hearing of the application from July 3, 2012 to its eventual hearing in November were reasonably brought. There should be no costs included in the Township's favour arising out of either motion and nominal costs in the respondents' favour because of late production by the Township, particularly of the apparent duplicate plan with non -faded colouring on its back unlike the original plan filed with the registry office. This plan appeared suddenly on June 15, 2012, well after documents should have been produced in this proceeding and only three weeks before the scheduled hearing in July. Page 81 of 217 1O.h) Doug Irwin, Director of Corporate Services /Clerk, re:... Page: 5 [11) The respondents' claim for costs rests on their conduct during the process which saved time, the Township's limited success on the highway and lathes issues, and an offer they made to settle the matter in December 2012, which would have saved all parties considerable costs. They ask that, though the eventual judgment was more favourable to the applicant, that offer and the applicant's rejection of it should be considered under rule 57.01(i): "any other matter relevant to the question of costs ". Counsel for the respondents submits that, (w)ith this decision, the Township becomes responsible for the maintenance of the Promenade, including any insurance required, and the respondents have the opportunity after a trial to retain the exclusive use of their structures, which was a right they sought to protect in the offer to settle. (Resp.'s factum, para. 36). They do concede that the Township is now the owner of considerably more of the Promenade than the public walkway which was all they offered before trial to the Township for public use. Analysis [12] As I considered the submissions of both parties on the issue of costs, it became clear to me, particularly from the positions being taken by counsel for the respondents on the history and importance of status of the Promenade, that there may be a case for considering this as public interest litigation. The respondents state in their factum: 21. The issue of title to the Promenade, its intended use and who was entitled to use same has been a source of conflict a €nongst residents of the Township of Oro- Medonte, as well as between owners of properties abutting the Promenade and the Applicant for decades. 23. The necessity of a legal determination from the courts was particularly important to the respondents, as prior to commencing this Application, the Applicant started requiring property owners with structures on the Promenade to enter into encroachment agreements, whereby the property owners would be responsible for maintaining and insuring the structures, but would be required to leave them open for use by the general public. The financial and legal implications of these encroachment agreements were matters to be adjudicated by the courts and not unilaterally imposed by the Township... 24. The Respondents submit that there was a public interest in having the courts address the issues in the Application. Page 82 of 217 10.h) Doug Irwin, Director of Corporate Services /Clerk, re:... Page: 6 [13] 1 therefore ordered counsel to file submissions with me on the issue of public interest litigation and whether the Respondents could be considered as public interest litigants, with the implications that finding might carry for the Respondents argument of entitlement to costs from the Township or whether there should be a costs order at all. Counsel made detailed submissions on this point. I will deal with it first because of the particular weight such a finding would have on the rest of the costs submissions. [ 14] In addition to the issue of public interest litigation, counsel have raised the following issues which fall to be determined under rule 57.01 and the various factors set out therein: • whether this is a case of success on one side or one of divided success; • costs of an earlier motion by the Respondents to convert this proceeding into a trial proceeding and adjournment of the hearing of the Application from its first scheduled date in July 2012; • complexity of the factual and legal issues; • importance of the issues; • conduct of the parties that tended to lengthen or shorten unnecessarily this proceeding; • other matters relevant to the question of costs, including an offer made by the Respondents before the hearing of the Application not accepted by the Applicant. 1, Should This ProceedinIz be Considered Public Interest Litigation for Purposes of Costs? [15] Whether a proceeding is considered public interest litigation does often have an impact on cost orders. This is because there is a strong policy concern that issues of public importance in the law should not be out of reach of persons of lesser means or groups that act without regard to their own economic interests in order to raise a constitutional or other important legal issue. In other words, matters of costs and public interest litigation involve a significant concern for access to justice. [ 16] There is nothing automatic in the relation of public interest litigation to issues of costs. As Perell J. found in his survey of such cases in Incredible Electronics Inc. 1� Canada (Att.- Gen.), [2006] O.J. No. 2155 (S.C.J.), results in cases of public interest litigation reveal an unpredictability because the court's discretion as to costs remains on a case -by- case basis even in applying the factors relevant to costs to public interest cases. Nevertheless, there is in the cases a recognition that the concern for access to justice should be given more weight in public interest litigation. In fact, in British Columbia (Min, of Fores(s) v. Okanagan Indian Band, the Supreme Court of Canada endorsed the Page 83 of 217 10.h) Doug Irwin, Director of Corporate Services /Clerk, re:... Page: 7 policy that costs in public interest cases require special treatment.' In Incredible Electronics, Perell J. cited an article by Professor Tollefson entitled "When The Public Interest Loses: The Liability of Public Interest Litigants for Adverse Costs Awards", (1995), 29 U.B,C. Law Review 303 at p.319: Over the last twenty years, but particularly in the last decade or so, the phenomenon of public interest litigation in Canada was expanded dramatically ... At least rhetorically, there has been strong support for enhancing the opportunities of disadvantaged or marginalized interests to make their voices heard in the judicial process ... And while access to justice has been broadly recognized as a highly - valued social good in itself, a variety of other public benefits are also generally perceived as being associated with broader public participation in the legal system. Perell J. concluded that in the case before him, the applicants should not be subject to the normal two -way costs regime if they can satisfy the court that they are special interest litigants (para. 83). [17] The case law has developed a set of factors which serve to guide the court's discretion. In St. James' Preservation Society v. Toronto (City), [2007] O.J. No. 3293, the Ontario Court of Appeal adopted the following criteria from the applications judge in its review of his reasoning as to whether the application had a public interest element that would justify a departure from a typical costs order: (1) the nature of the unsuccessful litigant; (2) the nature of the successful litigant; (3) the nature of the hs - was it in the public interest; (4) whether the litigation had any adverse impact on the public interest; and (5) the financial consequences to the parties. [ 18] In that case, the Court of Appeal reversed the decision of the applications judge to assign liability to the directors of the applicant Society personally for the costs of the proceeding. The costs decision against the Society was not appealed and therefore remained in place, In reaching its conclusion, the Court of Appeal found no error in the use of the criteria outlined above. I will therefore use them to determine whether I am dealing with public interest litigants when I consider the respondents' possible liability or immunity from costs. ' [20031 3 S.C.R. 371 Page 84 of 217 10.h) Doug Irwin, Director of Corporate Services /Clerk, re:... Page: S (a) The Nature of the Unsuccessful Litigant [19] In this case, the respondents were successful in obtaining the determination that the Promenade was not a public road and in obtaining the trial of an issue regarding retention of their lake - related structures built on the Lake Shore Promenade. However, the central issue joined by the panties was ownership and control over the Lake Shore Promenade as an integral part of each of the respondents' properties. On that issue, the respondents did not succeed. [20] The respondents are all owners of front -tier lots abutting the Promenade. Not all of the front -lot owners in the subdivision joined them but the respondents took it upon themselves to defend this application by the Township in the interests of all of them. These owners had largely maintained the Promenade area which covers the intervening area from the front of their lots to the shore of Lake Simcoe but had never occupied it to the exclusion of others. Some had built lake - related structures on the Promenade in the belief, uninformed or not, that the Promenade was theirs. Despite this personal proprietary interest, there is no doubt that over the nine decades since registration and early development of the subdivision plan, occasional open conflicts and continuing bad feeling developed between front and back -lot owners and the public over the use of the Promenade. [21] The Township took no action to have the question of ownership and control of the Promenade determined by the Court for decades, despite these occasional outbreaks of open conflict. Its paper title it considered clear; the plan dedicated it as a public road. However, the real issue was title by adverse possession. Some of the respondents finally decided that the issue should be dealt with. They retained a lawyer (not their present counsel) who brought to the Ministry of Natural Resources their position on ownership of the Promenade shoreline in the context of applications being brought by the Township for permits to remove some of the structures built on the Promenade and close to the lake. They suggested that the Township was not the party who should be deemed to control the Promenade lands and so should not be allowed to obtain the shoreline permits from the Ministry. When the Ministry refused to grant further permits to the Township until the question of ownership was determined, then after many years of not acting to obtain a judicial determination, the Township brought this application. [22] The parties for years were at loggerheads over whether the Promenade was dedicated as a public highway. That issue was decided in the respondents' favour despite the registered plan treating it in the same way as the roads in the subdivision. Their counsel successfully argued that neither the intention to dedicate the Promenade as a public highway nor its legality according to the law of the time could be established. The respondents, in defending this application, were acting in the interest of other owners in the subdivision and the public generally in seeing that this matter of importance to the community at large was tested by the court. While they did not bring forward the application, their actions precipitated it. Therefore, unlike most cases of public interest litigants who act to bring an important issue before the court, the respondents in this case or some of them acted so as to bring a judicial determination about. There is no absolute requirement that Page 85 of 217 10.h) Doug Irwin, Director of Corporate Services /Clerk, re:... Page: 9 it must be the applicant who brings the matter of public importance on for judicial determination. (b) The Nature of the Successful Litigant [23] As in virtually all cases of public interest litigation, the other party in this case is an organ of government, in this case the local legislative and governing authority, the municipality. Typically, the parties to public interest litigation are a combination of: a government or regulator, a public interest litigant, a private interest litigant, a private interest intervenor and /or a public interest intervenor. As the municipal authority with combined financial resources of the tax base at its disposal, the Township can be regarded as an empowered defendant in comparison with forty individuals who each own one subdivision property within the Township. Incredible Electronics, at paras. 86 and 87. (c) The Nature of the Lis - Was it in the Public Interest? [24] The factors to be considered on this question were helpfully set out in St. James. The first asks whether the litigation involved an issue or issues of importance beyond the immediate interests of the parties involved? [25] While the respondents admittedly have an interest in the outcome, as I read over my summary of the issues, their submissions went beyond that interest. The respondents asserted that the right of the public including the back lot owners to enjoy the Promenade was in question. Their evidence and submissions showed that uncertainty over the use of the Promenade had been a nagging source of conflict and some hard feelings. The public rights to the Promenade were a part of their alternate theories of the case as was the case for different reasons by the Township. The odd coincidence in this case of badly faded colour designations on the registered plan, a change to the plan after the Township's meeting to approve it, no record of a further meeting to accept the change which was made in a different colour, late registration, the changing laws regarding registered plans and the resulting changes in surveyors' practices, the change in the law regarding dimensions of public highways, and the right of the public and the back lot owners to enjoy the access that the Promenade allowed to the lake - all of these issues converged in this case. So yes, I accept that the importance of the interests involved went beyond the immediate interests of the parties. It represents one of the few places on the lakes in Simcoe County where the public could have some right to enjoy lake access and the park- like setting. [26] The second factor is an easy one to deal with. I find without hesitation that the issues surrounding the Promenade had long needed to be litigated and a judicial determination made to end the uncertainty and the resulting conflicts arising from it. [27] Did the litigation address a matter of practical importance? Again, for the reasons I have already given, the Promenade issues certainly were of more than theoretical interest, and held practical meaning for control of the Promenade lands. It had been a live issue for many years whether the public and even the back lot owners could be excluded from the Promenade by the front tier lot owners. The use and control of the Promenade was a matter of practical importance as well as a novel confluence of issues in law. Page 86 of 217 10.h) Doug Irwin, Director of Corporate Services /Clerk, re:... Page: 10 [28] Is there broad public support for the position advanced by the respondents? The respondents have not presented evidence of some broad public support beyond the lot owners in this subdivision, though there was some indication that members of the public did use the Promenade from time to time. Counsel points out the interest of the respondents in settling a long - standing conflict but not of any broader support beyond the respondents themselves. This factor, however, is by no means a precondition necessary to a case being in the public interest. As Perell J. stated in Incredible Elecironics, at para. 99: Sometimes a relevant but not determinative factor is that the public interest litigant is either the "other ", a marginalized, powerless or underprivileged member of society or the public interest litigant speaks for the disadvantaged in society. Public support for the position advanced by the unsuccessful party can be some indication that the resolution of the issue was in the public interest. I find that that is not so here. [29] Has the public benefitted from the consideration by the Court of the issues raised in the case? The Promenade has been defined now to include the bank down to the water's edge. And the public now have a judicially declared right to enjoy the Promenade, something that was not clear before, and that lack of prior clarity resulted on occasion in embarrassing situations for individuals where the abutting owner might order the visitor off the Promenade because if it occurred on the land in front of the owner's lot, that land at times was perceived by that owner to be his or hers. Such situations with the general public and with the back lot owners cannot happen anymore as the public now has a judicially defined right to the enjoyment of the Promenade as a lakeside park for passive activities. It is not a matter that would appear to go beyond the local Township, unlike many public interest cases where certain disadvantaged persons are benefitted across the country. However within the confines of the Township and Simcoe County, I find that the public has benefitted from the litigation. (d) Has the Public Interest been Impacted Adversely by this Litigation? [30] There is no suggestion by anyone of a negative impact due to, for instance, poor conduct causing abuses of the process. Neither party acted in any way that was frivolous or vexatious or abusive. And the decision, as I have said, clarified a public right to use of the Promenade where such rights before this case could be held hostage by the lot owners or the Township acting unilaterally. The answer to this question is clearly no. (e) The Financial Consequences [31] As for the financial consequences to the parties, obviously the Township, including within it for tax purposes the properties of all residents of the Township, is better able to absorb an award of costs. However, this conclusion and similar findings in other cases have not been determinative of whether a party qualifies as a public interest litigant. In any event, no evidence has been put forward to establish the financial position of the Page 87 of 217 10.h) Doug Irwin, Director of Corporate Services /Clerk, re:... Page: 11 respondents, and therefore the litigants' financial position cannot be determined in this case. What is known is that each of the respondents or responding couples own a seasonal residence fronting on Lake Simcoc, most no doubt also own a permanent home elsewhere. There is no evidence that they are disadvantaged or marginalized. [321 In conclusion, I wish to draw one last conclusion on the issue of public interest litigation and how this case does not fit easily into either a case of purely private interests or exclusively public interest - driven. It can be said that this case was driven by the respondents' desire to break up the Promenade and add each abutting part, together with any shore - related structures on it, to each abutting lot owner's property to the exclusion of everyone else. On the other hand, as the respondents submit, their case addressed issues which affect the public generally, not only the respondents' personal interest which they now suggest is minor. The Township characterizes the respondents' personal interest much differently. It suggests that the respondents' real interest was to establish the Promenade as `other municipal property' and not a public highway rendering it susceptible to claims for possessory title and the addition to each of their properties of large portions of waterfront land that would enhance significantly the value of their individual properties and remove any rights of back lot owners and of the public to the use and enjoyment of the Promenade. Neither side produced real evidence, something more than words, to argue the minor or major nature of any such addition to their properties. [33] All of this points up the truth of what I had observed during the hearing. At p.3$ of the Reasons for Judgment, I wrote the following: It has been perhaps unavoidable in view of the position the respondents have taken on this application that throughout their case, their position on adverse possession has seemed ambivalent, wavering between assertions of possession by the respondents of the parts in front of their lots adverse to the Township right of possession for the public benefit, and at other times , an acceptance that the Promenade is and has been kept an open area for good reason, i.e. the common benefit and use of the public including the front and back lot owners as a lakeside park and trail. The evidence particularly of Beverley Lemay, whose family have historic roots in this subdivision, seemed genuine and concerned with just telling things as they were, including the sense that "it was understood that this was land that the public had a right to walk over or otherwise traverse and enjoy beside the lake." (Reasons, para. 131) [34] "Public interest litigation" was defined by Perell J. as, litigation that involves the resolution of a legal question of importance to the public as opposed to private- interest litigation, Page 88 of 217 10.h) Doug Irwin, Director of Corporate Services /Clerk, re:... Page: 12 which I will define as litigation that involves the resolution of a legal question of importance mainly to the parties" (para. 59). [35] This case does involve both aspects and both were put forward strongly and contributed to the final result. I will apply a significant reduction to any costs found to be owing to the Township on this account in the area of one -third to recognize the respondents' substantive contribution to development of the law on publicly owned land held for the benefit of the public generally. This was not a series of submissions that they were compelled to make or that contributed to their case for acquisition personally of the Promenade. 2. The Award of Costs [36] In my view, the Township was clearly the more successful party. It established its position as the owner of the Promenade and as the party entitled to control the use of the Promenade within the limits of the public right to its use and enjoyment, and that as a public authority, its ownership is immune from claims based on adverse possession or possessory title. In any event the respondents have failed to establish even a prima facie case for possessory title. The respondents' claims to the Promenade on the basis of adverse possession - a finding that The Township had failed to oppose by asserting its right of ownership in court in recent decades - and until now their evidence and suggestion that Kempenfelt Land Co. or some other entity had somehow retained ownership in the Promenade were all rejected by the Court. The respondents did obtain trial of an issue as to the right of lot owners to maintain their boat houses, docks and stairways down the bank on laehes principles. They also succeeded in the defeat of the Township on its initial submission that the Promenade had been accepted by the Township as a public highway. This was a pyrrhic victory because on the issues of right of ownership and control of the Promenade, the Township established its position and that was the key issue in this litigation. The Township succeeded in obtaining a result more favourable to it than the respondents' pre -trial offer, after the hearing of the Application. [37] As to the costs of the motion by the respondents to convert the application into a trial process, I find that in the circumstances, the respondents were reasonable in bringing the motion. If claims for adverse possession were to be heard with the legal issues over dedication as a highway or as other municipal property there were factual issues to be addressed on the possessory claims. The matter was argued and DiTomaso J. dismissed the motion, leaving the costs issue to me as the judge hearing the application. The parties later resolved the conversion issue by the respondents not going beyond requesting a future trial of an issue on individual claims for possessory title and on the laehes claims to retain the lot owners' lake - related structures. As earlier attempts to settle were met with rejection, the motion came before the court only 3 weeks before the hearing date. [38] At the same time, the Township suddenly produced the supposed duplicate copy of R.P. 626 well after document production had been completed. I dealt with that document as part of the Reasons for Decision, finding that its late production prevented inspection by an expert document examiner and the clarity of the colouring was so different from the Page 89 of 217 10.h) Doug Irwin, Director of Corporate Services /Clerk, re:... Page: 13 registered plan in the Township's favour, that I denied any significant weight to it. The respondents were rightly successful in their request for adjournment of the hearing of the application given this late production and the denial of their conversion motion. There will be no costs ordered on the pre -trial motions for conversion and for adjournment; success was divided on these motions. [39] The respondents' claim for costs rests on the results of the motion to convert the application and to adjourn the hearing to the extent that counsel claims nominal costs in favour of the respondents due to late production by the applicant. But primarily, the respondents claim costs on account of the conduct of the Township in snaking the matters more complex by refusing to remove some parties who agreed not to join in defending against the application, by requiring owners to enter into encroachment agreements without adjudication by the court, the importance and novelty of the issues, and by not accepting the respondents' offer which included "a substantial amount" for the Township's legal fees and disbursements, Apart from the conduct of the respondents in continuing to expedite the process, I do not see this as a case of divided result. The Township maintained its position as the owner of this shore -land for the benefit of the public, which the offer would in large part have denied it. The failure to agree to remove certain respondents who did not respond is regrettable but those who were named became parties for all purposes, including recovery of costs and therefore it no doubt had reason for not consenting without more. And as for the encroachment agreements, I did not understand that anyone was "required" to enter such agreement if they did not choose to. The respondents' claim for costs is denied. [40] I do recognize the contribution of the respondents to the orderly process that this application followed, I also recognize that at least one of the issues was novel (the intent to dedicate land for a purpose not in compliance with the law of the time, i.e. a public road with dimensions, geography and shape that did not come within the letter and spirit of the law at the time). As well, the case had an unusual complexity of issues with which the evidence from some of the respondents in the form of old photographs and historical knowledge assisted the court greatly. On the other hand, the respondents at times took positions which simply were not in keeping with the evidence such as the faded colour of all the roads and the Promenade somehow showing a different intent from that indicated by the certificates on the plan. Or the suggestion that the final phase regarding structure retention may sterilize large portions of the Promenade. This will not occur. [41] Nevertheless, the positive contributions of the respondents to the process outweighed the negatives of some of their submissions. In sum, this is not a case where the respondents should bear a substantial burden of the costs, despite their lack of success. This factor is separate and distinct from the public interest allowance which I am granting. I am granting the respondents a further credit of one -third of the net costs. Their conduct here helped to produce a result which benefits the Township as a whole in bringing clarity to a situation which was taking up the time needlessly of past councils and in reducing the overall costs of this process. [42] This was a complex matter to deal with and involved a novel confluence of events and issues that I described earlier (at pp. 24 -5 of these Reasons) and a serious issue in law as Page 90 of 217 10.h) Doug Irwin, Director of Corporate Services /Clerk, re:... Page: 14 to the immunity of municipally owned land held expressly for the benefit and enjoyment of the public to claims based on adverse possession. This was the first case where a court in Ontario considered this issue without qualification regarding the need for a "high public interest ". Considering all of the converging issues in this case, it became a novel exercise in to some extent uncharted waters, especially dealing with the intersection of issues of changing laws, late change without approval to the registered plan after the municipal decision, and intent to dedicate for a purpose that conflicted with the new highway laws in force at the time. [43] The offer before trial by the respondents may be considered by me, as suggested, under "other relevant matters ". It clearly was less favourable to the Township than the result achieved after the application was fully argued and so is not decisive respecting scale of costs or entitlement. It provides no basis for an award of costs against the Township for not accepting it. [44] The Township's claim for fees is $165,721.28. After deducting $16,899.15 for the fees claimed on the respondents' motion to convert and for the adjournment, the claim on account of fees is $148,822.13. With disbursements, the costs come to $169,631.83. 1 have decided that in recognition of the public interest contribution made by the respondents' research and submissions that were not in their personal interest, a deduction of 1/3 is in order and in recognition of their contribution to the expeditious process, a further credit of one - third. [45] In conclusion, the applicant's costs on a partial indemnity basis come to: For fees $148,822.13 For disbursements $ 20,809.70 Sub -total $169,631.83 Less 1/3 $ 113,087.89 Less 1/3 $ 75,392.26 Costs due the Township $ 75,392.26 [46] The Township shall have its costs fixed at $75,392.26, payable by the respondents. So ordered. Date: October 8, 2013 Page 91 of 217 EDNE3DAY.. OCTOB RNITY CO 12.a) Announcements of Interest to the Public:Third Annual M... NITY CHURCH SUCCESS AHEAD! MAP YOUR FUTURE GROWTH Learn from business service organizations: - Financing for your business - Employee training opportunities - Planning for growth Find out about the Township's Official Plan Update process and how businesses can play a role Network with other small business owners and enjoy a free continental breakfast RSVP to Donna Hewitt at 705- 487 -2171 or dhewitti-joro- medonte.ca by October 18th IN SUPPORT OF: BDG SMALL BUSINESS WEEIC #SBW2013 Page 92 of 217 12.a) Announcements of Interest to the Public:Third Annual M... TMNM COMMUNCTY CH[7BCH CUMWrMAS B"A" ri EWEt 9-." - sow Trite Co,omnnky Chu& l.00A'I'ION= Lblt 7 �auth beddc the Oro 'L'OwnsWP BaA'ng 1roem& A."M the tie resjlo wM be Wk9 to Trh ty yON& CMW ft M. FFATMING: woedworkhng wAtted 900& aewenmy handmmdc cards Candks chriw=m craft And MU& mare. V "F T"LF - MGM LUNCH � � 1 V � flpOTt MORE ] N,.0jt viA R0N FI EASE CONTACT JUDY AT 705 487- -3100 110M TO WE YOU THIM "Y Page 93 of 217 12.a) Announcements of Interest to the Public:Third Annual M... Huronia Nurse Practitioner -Led Clinic NOW ACCEPTING PATIENTS The Huronia Nurse Practitioner -Led Clinic provides primary health care services and preventive care to people of all ages. Whether you need to have a complete physical or need to visit us with a minor illness or to manage a chronic or complex illness, the clinic is here for you or your family. Call the clinic directly to begin the registration process at 705 - 835 -7545 or visit our website at www.huronianplc.ca for more information. • r We are located in Horseshoe Valley, Oro - Medonte 3331 Line 4 North, RR. #1 Shanty Bay, ON LOL 2L0 c . Page 94 of 217 12.b) Minutes of Lake Simcoe Region Conservation Authority m... Lake Simcoe Region conservation authority BOARD OF DIRECTORS' MEETING NO. BOD -07 -13 —Friday, July 26, 2013 120 Bayview Parkway, Newmarket, ON LSRCA Board Members Present: Mayor R. Grossi, Chair Regional Councillor D. Bath, Vice -Chair Councillor M. Baier Regional Councillor J. Ballinger Mr. E. Bull Councillor P. Craig Mayor G. Dawe Deputy Mayor B. Drew Councillor A. Eek Councillor D. Evans Councillor K. Ferdinands Mayor V. Hackson Councillor B. Haire Councillor D. Kerwin Councillor J. O'Donnell Councillor S. Strangway Councillor B. Ward Regrets: Councillor D. Crake Mayor A. Orsi I. DECLARATION OF PECUNIARY INTEREST None noted for the record of this meeting. II. APPROVAL OF THE AGENDA MINUTES LSRCA Staff Present: D.G. Wood, Chief Administrative Officer R. Baldwin, Acting General Manager, Watershed Management P. Davies, Acting General Manager, Conservation Lands R. Jarrett, General Manager, Communications & Education J. Lee, General Manager, Corporate & Financial Services T. Barnett, Coordinator, BOD /CAO, Project & Services D. Andrews, Watershed Coordinator B. Ballagh, Stewardship Technician B. Booth, Manager, Planning, Regulations & Enforcement K. Christensen, Manager, Human Resources D. Eldon, Community Relations Specialist T. Hogenbirk, Manager, Engineering & Technical Services G. Peat, Manager, GIS /IT K. Yemm, Manager, Corporate Communications Guests: J. Bolender, Lender Lands Ltd. P. Bolender, Lender Lands Ltd. R. Bolender, Lender Lands Ltd. T. Green, Green and Associates Law Offices K. Hill, Hill Hunter Losell W. Lo M. Soper, Green and Associates Law Offices Moved by: P. Craig Seconded by: V. Hackson BOD- 109 -13 RESOLVED THAT the content of the Agenda as presented for the July 26, 2013 meeting of the Board of Directors be approved, as amended to show there is no presentation for Item 7, and that the presentation for Item 6, be moved forward and Item VI, Hearing be moved to 10:00 a.m. in order for legal counsel to arrive. CARRIED Page 95 of 217 12.b) Minutes of Lake Simcoe Region Conservation Authority m... Lake Simcoe Region Conservation Authority Board of Directors' Meeting BOD -07 -13 July 26, 2013 — Minutes Page 2 of 8 III. ADOPTION OF THE MINUTES a) Board of Directors Moved by: J. Ballinger Seconded by: S. Strangway BOD- 110 -13 RESOLVED THAT the minutes of the Board of Directors' Meeting No. BOD -06 -13 held on Friday, June 28, 2013 be adopted and approved as printed and circulated. CARRIED b) Conservation Ontario Councillor Craig requested an update and a copy of Item 4, Update on the Adaptive Management Plan for Addressing Extreme Water Levels "Building Collaboration across the Great Lakes — St. Lawrence River System ". In response to a question from Councillor O'Donnell regarding Item 5, Collaboration proposal from Ontario Onsite Wastewater Association (OOWA) and support for an incentive program for maintenance /repair of septic system: Next Steps & Establishment and Delivery of a Municipal Partnership for Septic System Reviews, CAO Wood advised that the proposal to work with CO and CAs has not yet been finalized and has been referred for further consultation. Moved by: E. Bull Seconded by: B. Haire BOD- 111 -13 RESOLVED THAT the minutes of the Conservation Ontario Council Meeting #2/13 held on Monday, June 24, 2013 be received for information. CARRIED IV. ANNOUNCEMENTS i) CAO Gayle Wood advised the Board that two Acting General Managers were attending the meeting — Rob Baldwin, Acting General Manager, Watershed Management for Mike Walters, and Philip Davies, Acting General Manager, Conservation Lands for Brian Kemp. ii) CAO Gayle Wood advised the Board members that two handouts were provided at the meeting — Conservation Authorities Moraine Coalition 2012 Accomplishments and Lake Simcoe Living Magazine July /August Edition. iii) CAO Gayle Wood reminded Board members of the upcoming 2013 Conservation Awards and advised that nominations are being accepted until August 161h V. DEPUTATIONS There were no deputations at this meeting. Page 96 of 217 12.b) Minutes of Lake Simcoe Region Conservation Authority m... Lake Simcoe Region Conservation Authority Board of Directors' Meeting BOD -07 -13 July 26, 2013 — Minutes Page 3 of 8 VII. PRESENTATIONS a) East Holland River Project Final Results Manager, Watershed Stewardship, Philip Davies, provided the Board with a presentation on the East Holland River Project 2007 -2012, Final Report. This successful initiative saw the completion of 192 projects in a variety of categories and included partnerships with private landowners, LSRCA's Landowners Environmental Assessment Program, the Lake Simcoe Conservation Foundation (LSCF); as well as municipal, provincial and federal agencies. The Watershed Stewardship team has now begun "The Creeks Project ", a new four -year initiative with LSCF, the City of Barrie, the Town of Innisfil, landowners, and other community groups in an effort to, among other things, implement projects that benefit the watershed and the lake. Mr. Davies introduced his team members who were in attendance: Dan Andrews, Watershed Coordinator, and Brittany Ballagh, Stewardship Technician, and thanked the Board of Directors for their continued support of this initiative. Mayor Hackson thanked Mr. Davies and his team for their efforts, noting that not only has the Town of East Gwillimbury benefited from several projects, but that these projects have also provided a great learning opportunity for Town staff. Moved by: G. Dawe Seconded by: M. Baier BOD- 112 -13 RESOLVED THAT the presentation on the East Holland River Project Final Report be received for information. CARRIED 6. East Holland River Final Proiect A staff report on the East Holland River Final Project was included the agenda, which the Board approved at this time. Moved by: G. Dawe Seconded by: M. Baier BOD- 113 -13 RESOLVED THAT Staff Report No. 48- 13 -BOD regarding the Final Report of the East Holland River Project be received for information. CARRIED VIII. DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION The Board identified Agenda Items 3, 5, 7 and 8 for separate discussion. IX. ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by: D. Bath Seconded by: J. Ballinger BOD- 114 -13 RESOLVED THAT the following recommendations respecting the matters listed as "Items Not Requiring Separate Discussion" be adopted as submitted to the Board, and staff be authorized to take all necessary action required to give effect to same. CARRIED Page 97 of 217 12.b) Minutes of Lake Simcoe Region Conservation Authority m... Lake Simcoe Region Conservation Authority Board of Directors' Meeting BOD -07 -13 July 26, 2013 — Minutes Page 4 of 8 1. Correspondence BOD- 115 -13 RESOLVED THAT the correspondence listed in the agenda as items 1 (a) to (c) and be received for information. CARRIED 2. Monthly Communications Update BOD- 116 -13 RESOLVED THAT the Monthly Communications Update for the month of July 2013 be received for information. CARRIED 4. Legal Services Update —January to June 2013 BOD- 117 -13 RESOLVED THAT Staff Report No. 46- 13 -BOD regarding the Legal Services Status Report for the six month period January 1 to June 30, 2013 be received for information. CARRIED X. CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 3. Budget Status Report General Manager, Corporate & Financial Services, Jocelyn Lee, provided an overview of the budget status report for the six months ending June 30, 2013, which was included in the agenda. Ms. Lee brought to the Board's attention an error in the 2013 Budget Summary Report found on Page 37 of the agenda, where the approved 2013 Budget figures should be as follows; Capital Assets were reported as $(308,290) and should have been stated as $(322,437); Internal Fee for Service was reported as $(756,852) and should have been stated as $(957,458), bringing the Total Net Expenditures to $13,549,680 instead of the reported $13,764,433, thus making the Net Revenue /Expenditures $(220,367), instead of the reported $(435,120). Ms. Lee advised that this correction will be reflected in the next Budget Status report. Ms. Lee went on to report that similar to last month, the budget is tracking as expected with no unexpected issues arising, and some major expenditures still expected for September. Moved by: V. Hackson Seconded by: A. Eek BOD- 118 -13 RESOLVED THAT Staff Report No. 45- 13 -BOD regarding the Authority Budget Status for the six month period ending June 30, 2013 be received for information. CARRIED 5. Updates to Reeulation Limit Mans due to Ministry of Natural Resources Revisions to Wetland Boundaries in the Lake Simcoe Watershed Director, Planning & Development Services, Rob Baldwin, provided the Board with a presentation regarding the updated wetland mapping that had recently been provided by Ministry of Natural Resources. Mr. Baldwin noted that this updated mapping is a requirement of the Lake Simcoe Protection Plan (LSPP), and that the Authority regulation limit mapping needs to conform to MNR's latest wetland mapping. Page 98 of 217 12.b) Minutes of Lake Simcoe Region Conservation Authority m... Lake Simcoe Region Conservation Authority Board of Directors' Meeting BOD -07 -13 July 26, 2013 — Minutes Page 5 of 8 Mr. Baldwin noted that a compact disc with the new mapping has been distributed to each Board member, along with their agenda. The Board raised a number of questions and comments regarding notification of the public, when the new changes must takes effect, and if the public can be notified prior to the Authority implementing the changes, and if the updated mapping clearly showed what has changed. Mr. Baldwin explained that the new mapping must be implemented immediately in order to conform to the LSPP, and that LSRCA is legally bound to comply with the new mapping. He also noted that the mapping clearly shows which areas have been added and deleted. The Board expressed concern regarding implementation of these updates prior to any notification of watershed residents. Staff acknowledged these concerns but reiterated that the Authority is bound to comply with these updates. The Board asked how applications already in process will be handled, and staff advised that LSRCA has transition policies which will deal with applications in process. The Board wished to discuss this matter further and decided to return to this item after the Item VI, Hearing, now that legal counsel had arrived. Moved by: G. Dawe Seconded by: V. Hackson BOD- 119 -13 RESOLVED THAT Item, 5, Updates to Regulation Limit Maps due to Ministry of Natural Resources Revisions to Wetland Boundaries in the Lake Simcoe Watershed be tabled after Item VI, Hearings. CARRIED At this time, Councillor Craig left the meeting to attend to an unrelated matter VI. HEARINGS Moved by: D. Bath Seconded by: J. Ballinger BOD- 120 -13 RESOLVED THAT the Board conduct a proceeding by tribunal for a hearing under Ontario Regulation 179/06, as amended; and FURTHER THAT the hearing be held under the Statutory Powers and Procedures Act. CARRIED Chair Grossi read the Opening Remarks regarding the hearing, and members introduced themselves. The Board approved Staff Report 44- 13 -BOD and a presentation from Manager, Planning, Regulations & Enforcement, Beverley Booth, in relation to this hearing regarding the cancellation of Permit No. UP.2012.001 pursuant to Ontario Regulation 179 -06 for unauthorized development, interference, or alterations in or on wetland and in or on wetland setback contrary to the permission granted, which was to develop land adjacent to wetland. At this time, Mr. Bolender's representative, Mr. Green, requested a ten - minute recess to confer with his client. Page 99 of 217 12.b) Minutes of Lake Simcoe Region Conservation Authority m... Lake Simcoe Region Conservation Authority Board of Directors' Meeting BOD -07 -13 July 26, 2013 — Minutes Page 6 of 8 Moved by: D. Kerwin Seconded by: J. Ballinger BOD- 121 -13 RESOLVED THAT the Board rise from tribunal for a ten minute recess. CARRIED Moved by: J. Ballinger Seconded by: J. O'Donnell BOD- 122 -13 RESOLVED THAT the Board resume the proceeding by tribunal. CARRIED The Board heard from the applicant's representatives, Mr. Jon Bolender and Mr. Terry Green. The formal Hearing Record forms part of the permit file. Moved by: V. Hackson Seconded by: J. Ballinger BOD- 123 -13 RESOLVED THAT the Board conclude the hearing and rise from tribunal to return to the Board of Directors' meeting. CARRIED Moved by: D. Kerwin Seconded by: D. Bath BOD- 124 -13 RESOLVED THAT Staff Report 44- 13 -BOD regarding the Cancellation of (Permit No. UP.2012.001 issued to Lender Lands Ltd. under Ontario Regulation 179/06 be approved. CARRIED (unanimously) At this time, Councillor Craig returned to the meeting. S. Updates to Regulation Limit Maas due to Ministry of Natural Resources Revisions to Wetland Boundaries in the Lake Simcoe Watershed continued The Board continued their discussion regarding this item, with their greatest concern being the inability to notify watershed residents of these changes prior to implementation. CAO Wood asked Ken Hill, Lawyer for the Authority, for his advice on the matter, and Mr. Hill confirmed that the Authority is legally bound to conform to these changes upon receipt from MNR. Moved by: D. Kerwin Seconded by: S. Strangway BOD- 125 -13 RESOLVED THAT Staff Report No. 47- 13 -BOD regarding the Updates to Regulation Limit Maps be received for information; and FURTHER THAT the regulation limit mapping updates be implemented by staff and that staff be directed to forward these updates to watershed municipalities for their information. CARRIED 7. Rogers Proposed Telecommunications Lease — Luck Property Conservation Area Staff Report 49- 13 -BOD regarding a proposal received from Rogers Wireless for the installation of a tower on the Luck Property Conservation Area was discussed. Page 100 of 217 12.b) Minutes of Lake Simcoe Region Conservation Authority m... Lake Simcoe Region Conservation Authority Board of Directors' Meeting BOD -07 -13 July 26, 2013 — Minutes Page 7 of 8 The Board asked a number of questions regarding the proposed look of the tower, noting they can be unpleasing to the eye for local residents and asked if limiting the number of pieces of apparatus and /or camouflaging the towers would be included in the agreement. Acting General Manager, Conservation Lands, Philip Davies, explained that staff has reviewed the proposal from Rogers Wireless and are now seeking approval to continue to discuss and negotiate an agreement, and that staff would be in a better position to answer these questions once they have Board approval to continue negotiations. Moved by: B. Haire Seconded by: E. Bull BOD- 126 -13 RESOLVED THAT Staff Report No. 49- 13 -BOD regarding the proposed lease of Luck Property Conservation Area to Rogers Telecommunications be received for information; and FURTHER THAT Conservation Authority staff continue to pursue this opportunity as outlined in the staff report. CARRIED 8. Changes to Monthly BOD Communications Update Reporting General Manager, Communications & Education, Renee Jarrett, explained that staff was planning to propose changes to the monthly communications to the Board of Directors in September; however, since it came up in discussion at the June 2013 meeting, staff was bringing their recommendations to the Board at this time. Ms. Jarrett noted that since the discussion at the June meeting, the Board had been receiving weekly news clippings and asked the Board for feedback on this method of reporting. Ms. Jarrett mentioned that flood warning notifications would not be affected and would continue to be sent out as necessary. She went on to advise that Board members may request additional information on any media clipping item through office of the CAO at any time. Moved by: D. Evans Seconded by: S. Strangway BOD- 127 -13 RESOLVED THAT Staff Report 50- 13 -BOD regarding recommended changes to monthly BOD communications update reporting be received; and FURTHER THAT staff be directed to implement the recommended changes effective immediately. CARRIED XI. CLOSED SESSION There were no Closed Session items at this meeting. XII. OTHER BUSINESS a) Chair Grossi reminded the Board that there will not be an August Board of Directors' meeting unless issues arise that require urgent attention. Page 101 of 217 12.b) Minutes of Lake Simcoe Region Conservation Authority m... Lake Simcoe Region Conservation Authority Board of Directors' Meeting BOD -07 -13 July 26, 2013 — Minutes Page 8 of 8 b) Vice Chair Bath advised the Board that LSRCA Board member and Regional Councillor of Uxbridge Jack Ballinger was recently named the Uxbridge Times - Journal 2013 Citizen of the Year. The Board congratulated Regional Councillor Ballinger on this recognition. c) Vice Chair Bath mentioned that some members will be attending the upcoming AMO Conference and requested a briefing note on key issues for discussion with officials during the conference. CAO Wood agreed to prepare a briefing note for distribution to Board members. d) Councillor Strangway expressed his discomfort with Item 5 (Updates to Regulation Limit Maps due to Ministry of Natural Resources Revisions to Wetland Boundaries in the Lake Simcoe Watershed) and specifically the fact that there was no notification from the Ministry prior to implementation of the updates. The Board requested a letter from the Chair be drafted to various Ministries to request advanced notification of such updates so that watershed residents may be informed. Moved by: S. Strangway Seconded by: J. O'Donnell BOD- 128 -13 RESOLVED THAT staff be directed to draft a letter from the Chair to Ministry of Natural Resources, Ministry of the Environment Canada, and Ministry of Agriculture requesting early notification of initiatives that affect municipalities. CARRIED XIII. ADJOURNMENT The meeting was adjourned at 12:40 p.m. on a motion by P. Craig. Mayor Robert Grossi Chair D. Gayle Wood Chief Administrative Officer Page 102 of 217 12.c) Nottawasaga Valley Conservation Authority, Board and H... NOTTAWASAGA VALLEY CONSERVATION AUTHORITY BOARD OF DIRECTORS 06/13 n Minutes ,r Date: Friday August 30, 2013 PRESENT: Chair: Nina Bifolchi Town of Wasaga Beach Vice Chair: Darren White Township of Melancthon Past Chair: Walter Benotto Town of Shelburne (left the meeting at 12:46 p.m.) Members: Gail Ardiel Town of the Blue Mountains Mary Brett Township of Adjala - Tosorontio Daniel Davidson Town of Innisfil Mike Edwards Town of Collingwood Earl Hawkins Township of Mulmur Donna Jebb Town of New Tecumseth Arif Khan City of Barrie Rob Keffer Township of Bradford West Gwillimbury Marty Lancaster Township of Oro - Medonte Kevin Lloyd Town of Collingwood Bob Marrs Town of New Tecumseth Paul McQueen Municipality of Grey Highlands Fred Nix Town of Mono Brent Preston Township of Clearview Perry Ritchie Township of Springwater Alicia Savage Township of Clearview Michael Smith Township of Essa George Watson Town of Wasaga Beach (left the meeting at 10:00 a.m. Percy Way Township of Amaranth Rick Webster Township of Springwater Keith White Township of Essa REGRETS Mel Coutanche Township of Oro - Medonte Guests: Colin Elliott, Simcoe County Federation of Agriculture Dave Ritchie, Simcoe County Federation of Agriculture Staff: Wayne R. Wilson, CAO /Secretary Treasurer, Sheryl Flannagan, Director of Corporate Services, Caleigh Clubine, Communications /PR Coordinator, Byron Wesson, Director Land Operations & Stewardship Services, Chris Hibberd, Director of Planning, Barb Perreault, Senior Environmental Officer, Glenn Switzer, Director of Engineering and Technical Services Recorder: Laurie Barron, Executive Assistant Page 103 of 217 12.c) Nottawasaga Valley Conservation Authority, Board and H... BOARD OF DIRECTORS MINUTES MEETING No: 06/13 August 30, 2013 Page 2 of 10 1. CALL TO ORDER Chair Bifolchi called the meeting to order at 9:00 a.m. 2. MOTION TO ADOPT AGENDA RES: #1 MOVED BY: Bob Marrs SECONDED BY: Walter Benotto RESOLVED THAT: The Agenda for Board of Directors Meeting #06/13 dated 30 August, 2013 be adopted. Carried; 3. PECUNIARY INTEREST DECLARATION None declared 4. MINUTES Minutes of the Board of Directors Meeting 05/13 dated 28 June, 2013 RES: #2 MOVED BY: Bob Marrs SECONDED BY: Walter Benotto RESOLVED THAT: the Minutes of the Board of Directors Meeting 05/13 dated 28 June, 2013 be approved. Carried; Draft Minutes of the Planning Fee Ad -Hoc Committee Meeting 06/13 dated 26 July, 2013 RES: #3 MOVED BY: Bob Marrs SECONDED BY: Walter Benotto RESOLVED THAT: the Minutes of the Planning Fee Ad -Hoc Committee Meeting 06/13 dated 26 July, 2013 be received. Carried; S. BUSINESS ARISING FROM MINUTES Customer Service Strategy (item 13.1) The Customer Service Strategy will be presented at the September 27/13 Board meeting. 6. DEPUTATIONS Ontario Farmland Preservation - Bernard Pope Mr. Pope was unable to attend the meeting. Chair Bifolchi read a message from Mr. Pope that he asked be communicated to the Board. Mr. Pope wrote: My short message that I would like read to the board is a follows: • All decisions that are to be made by the NVCA, Staff and Board, must favour the Environment before the Economy. • Any proposal to the NVCA must show a net benefit to the community at large. Page 104 of 217 12.c) Nottawasaga Valley Conservation Authority, Board and H... BOARD OF DIRECTORS MINUTES MEETING No: 06/13 August 30, 2013 Page 3 of 10 • Any partnership with NDACT and Food and Water First' must be initiated by the NVCA. This will spread the message about conservation programs and the preservation of food producing land. I remain committed to participating in a liaison committee if asked. Respectfully: Bernard Pope, Ontario Farmland Preservation Simcoe County Federation of Agriculture - Colin Elliott Mr. Elliott spoke to his concerns with the role of the NVCA in agricultural matters, and establishing more regular and effective communication between the Conservation Authority and the agricultural community. Representatives of these groups will be meeting with the NVCA in September to determine the parameters for establishing an ongoing forum to discuss policy and decision making at the NVCA. Chair Bifolchi thanked Mr. Elliott for attending the meeting. 7. REPORT OF HEALTHY WATERS PROGRAM COORDINATOR • Research Collaboration with the University of Guelph RES: #4 MOVED BY: Bob Marrs SECONDED BY: Walter Benotto RESOLVED THAT: the NVCA Board of Directors receives for information the following University of Guelph Research collaboration report updates; 1. Phosphorus Trading: Phosphorus loading reduction algorithm review of selected Best Management Practices ( NVCA Contact: Shannon Stephens) 2. Black Ask Creek Floodway: Effects of an Urban Flood Control Program on a Niagara Escarpment Watercourse (NVCA Contact: Ian Ockenden) 3. Windbreaks and atmospheric deposition of Phosphorus (NVCA Contact: Ryan Post); and THAT: this staff report and links to the research reports are available on our website at: http://www.nvca.on.ca/LatestNews/Publications/index.htm Carried; Page 105 of 217 12.c) Nottawasaga Valley Conservation Authority, Board and H... BOARD OF DIRECTORS MINUTES MEETING No: 06/13 August 30, 2013 Page 4 of 10 S. REPORT OF THE SENIOR PLANNER AND THE DIRECTOR OF PLANNING • Ontario Municipal Board Settlement Agreement for the Township of Essa Official Plan Amendment 14. RES: #5 MOVED BY: Bob Marrs SECONDED BY: Walter Benotto RESOLVED THAT: the Board of Directors receives the Essa OP Amendment 14, NVCA staff report dated August 30th, 2013; and THAT: the Board directs the CAO /Secretary- Treasurer to sign the Ontario Municipal Board (OMB) settlement agreement for Township of Essa Official Plan Amendment 14, as established jointly by the County of Simcoe, Essa Township and the NVCA, and agreed to by the applicant, through OMB settlement proceedings on August 6, 2013. Carried; 9. REPORT OF THE SENIOR ENVIRONMENTAL OFFICER AND THE DIRECTOR OF PLANNING • Permits for Ratification from June 18, 2013 to August 20, 2013 RES: #6 MOVED BY: Daniel Davidson SECONDED BY: Mary Brett RESOLVED THAT: the permits for ratification issued by staff for the period June 18, 2013 to August 20, 2013 be received. Carried; 10. REPORT OF THE HYDROGEOLOGIST /SOURCE PROTECTION COORDINATOR AND THE DIRECTOR OF ENGINEERING AND IT 10.1 Approval of Grant Funding Agreement — NVCA Drought Management Planning Pilot Project -Phase 2. RES: #7 MOVED BY: Daniel Davidson SECONDED BY: Mary Brett RESOLVED THAT: the Board of Directors receive for information the results of the special board meeting /vote held electronically August 2/13, to approve NVCA entering into Phase 2 of the MNR Drought Management Planning Pilot Project; and THAT: the Chair and the CAO /Secretary- Treasurer be authorized to enter into an agreement with the Province of Ontario to undertake Phase 2 of the MNR Drought Management Planning Pilot Project with a total project budget of $300,000 with the NVCA receiving $30,000 to cover NVCA project management costs. Carried; Page 106 of 217 12.c) Nottawasaga Valley Conservation Authority, Board and H... BOARD OF DIRECTORS MINUTES MEETING No: 06/13 August 30, 2013 Page 5 of 10 10.2 Approval of Three MNR Groundwater Technical Agreements RES: #8 MOVED BY: Daniel Davidson SECONDED BY: Mary Brett RESOLVED THAT: the NVCA endorses the following three MNR approved groundwater technical projects including: 1. Jurisdictional strength, weakness, opportunities, and threats analysis of the administration of a Groundwater Drought Indicator, 2. Groundwater - Surface Water Low Water Declaration Correlation Study, and 3. Hine's Emerald Dragonfly habitat study, groundwater and recharge areas in Minesing Wetlands; and THAT: The Board directs the CAO /Secretary Treasurer to sign these agreements on behalf of the NVCA. Carried; 11. REPORT OF THE DIRECTOR OF CORPORATE SERVICES AND THE COMMUNICATIONS PROGRAM COORDINATOR • Communications Report — June and July, 2013 RES: #9 MOVED BY: Alicia Savage SECONDED BY: Donna Jebb RESOLVED THAT: The Communications report for June and July be received. Carried; 12. REPORT OF THE DIRECTOR OF CORPORATE SERVCIES 12.1 NVCA Insurance Information, Health Care Benefit Reports and OMERS increases for 2014 RES: #10 MOVED BY: Mike Edwards SECONDED BY: Alicia Savage RESOLVED THAT: the Board of Directors receive the report of the Director of Corporate Services regarding: • Insurance Renewal - April 1/13 to March 31/14 • Health Care Benefit renewal - Sept 1/13 to Aug. 31/14 • OMERS rates for 2014. Carried; 12.2 Administration Report — updated NVCA Policies and Procedures • Salary Administration - Personal Development Plan /Performance Review Policy RES: #11 MOVED BY: Mike Edwards SECONDED BY: Donna Jebb RESOLVED THAT: the revisions to the Salary Administration - Personal Development Plan /Performance Review Policy be approved by the Board of Directors effective August 30, 2013 Carried; Page 107 of 217 12.c) Nottawasaga Valley Conservation Authority, Board and H... BOARD OF DIRECTORS MINUTES MEETING No: 06/13 August 30, 2013 Page 6 of 10 • NVCA Administration Regulations — Voting by Electronic Means RES: #12 MOVED BY: Percy Way SECONDED BY: Kevin Lloyd RESOLVED THAT: the Board of Directors approve the inclusion of Section 6.10.3.4 "Voting by Electronic" electronic means (email) to the NVCA Administration Regulations, as presented by staff. Discussion ensured regarding regulations for electronic voting. Staff were directed to bring back a detailed report to the next meeting of the board outlining specifics when conducting a meeting electronically, via telephone and via fax. Deferred to Sept. 27/13 The Board recessed at 9:50 a.m. George Watson, member representing Wasaga Beach left the meeting at 9:50 a.m. The Board reconvened and sat as a Hearing Board at 10:00 a.m. In the matter of an application for permission to construct a single family dwelling at part lot 21 Concession 12, Town of New Tecumseth municipally known as 4853 13th Line, New Tecumseth. The Hearing Board adjourned at 12:46 p.m. Past Chair Walter Benotto, representing the Town of Shelburne left the meeting at 12:46 p.m. Fred Nix, member representing the Town of Mono left the meeting at 12:46 p.m. The Board of Directors reconvened this Board of Directors meeting #06/13 at 12:48 p.m. 13. REPORT OF THE CAO /SECRETARY- TREASURER AND THE DIRECTOR OF CORPORATE SERVICES 9 2013 Seven Month Budget Report RES: #13 MOVED BY: Kevin Lloyd SECONDED BY: Percy Way RESOLVED THAT: the Board of Directors receive for information the 2013 Seven Month Budget Report; and THAT: staff continue to monitor budget activities and prepare a third quarter budget status report. Carried; Page 108 of 217 12.c) Nottawasaga Valley Conservation Authority, Board and H... BOARD OF DIRECTORS MINUTES MEETING No: 06/13 August 30, 2013 Page 7 of 10 14. REPORT OF THE FINANCE ADMINISTRATIVE COORDINATOR AND THE CAO /SECRETARY - TREASURER Financial Activity Report Summary to June 30/13 a) Accounts Receivable Summary as at June 30/13 RES: #14 MOVED BY: Darren White SECONDED BY: Brent Preston RESOLVED THAT: The Chair be authorized to approve the Accounts Receivable as at June 30/13 in the amount of $1,394,581.84 including Planning items of $480,028. Carried; b) Summary of Disbursements for the month of June RES: #15 MOVED BY: Brent Preston SECONDED BY: Darren White RESOLVED THAT: The Chair be authorized to approve disbursements as at June 30/13 in the sum of $532,396.05 including wages (net of withholdings) of $115,259.63 Carried; c) Statement of Operations for Period Ending June 30/13 RES: #16 MOVED BY: Darren White SECONDED BY: Brent Preston RESOLVED THAT: The Unaudited Combined Statement of Operations Program Summary as at 30 June, 2013 be received. Carried; Financial Activity Report Summary to July 31, 2013 a) Accounts Receivable Summary as at 31 July, 2013 RES: #17 MOVED BY: Brent Preston SECONDED BY: Percy Way RESOLVED THAT: The Chair be authorized to approve the Accounts Receivable as at 31 July, 2013 in the amount of $1,458,852.31 including Planning items of $458,364.73 Carried; b) Summary of Disbursements for the month of July, 2013 RES: #18 MOVED BY: Percy Way SECONDED BY: Brent Preston RESOLVED THAT: The Chair be authorized to approve disbursements as at 31 July, 2013 in the sum of $320,742.94 including wages (net of withholdings) of $128,934.68 Carried; Page 109 of 217 12.c) Nottawasaga Valley Conservation Authority, Board and H... BOARD OF DIRECTORS MINUTES MEETING No: 06/13 August 30, 2013 Page 8 of 10 c) Statement of Operations for Period Ending 31 July, 2013 RES: #19 MOVED BY: Perry Ritchie SECONDED BY: Rob Keffer RESOLVED THAT: The Unaudited Combined Statement of Operations Program Summary as at 31 July, 2013 be received. Carried; 15. REPORT OF THE CAO /SECRETARY TREASUER • Proposed NVCA Strategic Plan Alicia Savage, member representing the Township of Clearview presented an amendment to the following motion. Discussion ensued. The resolution and amendment will be discussed at the September 27/13 meeting of the board. RES: #20 MOVED BY: Perry Ritchie SECONDED BY: Darren White RESOLVED THAT: the Board of Directors approve the proposed Strategic Plan dated August 2, 2013; and THAT: staff be directed to post the approved Strategic Plan on the NVCA Website and circulate the Plan to NVCA stakeholders and partners, thanking them for their participation in the development of the Plan, and encouraging their continued involvement in the NVCA program development and implementation; and THAT: staff commence the implementation of the Strategic plan by initiating the "where do we go from here" section of the Plan, including; development /refinement of specific measurable targets, preparing detailed work plans and budgets for 2014, and completioat 12:30 a.m. of the 2014 to 2016 Business Plan. Deferred to Sept. 27/13 16. CORRESPONDENCE (a) Conservation Ontario dated May 28/13 re: letter to Fisheries and Oceans Canada - Conservation Ontario's comments on the discussion paper "implementing the new fisheries protection provisions under the Fisher's Act" (b) Conservation Ontario dated May 28/13 re: letter to Fisheries and Oceans Canada re: Conservation Ontario's comments on "Science advice to support development of a Fisheries Protection Policy for Canada ". Page 110 of 217 12.c) Nottawasaga Valley Conservation Authority, Board and H... BOARD OF DIRECTORS MINUTES MEETING No: 06/13 August 30, 2013 Page 9 of 10 Conservation Ontario staff reports to Council: (c) dated June 6/13 re: Collaboration proposal for Ontario Onsite Wastewater Assoc. and support for an incentive program for maintenance /repair and septic system: Next Steps. (c -2) dated June 7/13 re: Draft guidelines: "Hydrogeological Assessment Submissions: Conservation Authority Guidelines to Support Development Applications. (d) dated June 13/13 re: Conservation Ontario Whitepaper - Status report and next steps. (e) 2012 CA Statistical Survey Results - Summary (f) Utopia Grist Mill Meeting Notes - June 18, 2013. (g) Conservation Ontario Media Release dated July 3, 2013 re: Conservation Authorities help ensure Ontario is prepared for a flood crisis. (h) Conservation Ontario letter to Hon. Kathleen Wynne, Premier of Ontario, dated July 25/13 re: Request for meeting to discuss flood management concerns of Conservation Authorities. (i) NVCA letter to AWARE Simcoe dated Aug. 2/13 re: NVCA Strategic Plan. (j) NVCA letter to Mr. Bernard Pope, Ontario Farmland Preservation dated Aug. 2/13 re: NVCA Strategic Plan. (k) NVCA letter to Mr. Colin Elliott and Mr. Dave Ritchie, Simcoe County Federation of Agriculture dated Aug. 2/13 re: NVCA Strategic Plan. (1) Residents of Adjala - Tosorontio letter to Adjala - Tosorontio Council dated Aug 10/13 re: Everett Secondary Plan and Settlement Area Boundary Expansion (OPA10). Response from Mayor Walsh Adjala- Tosorontio dated Aug 12/13. (m) Letter from MNR General Manager dated August 13/13 re: reorganization of science functions at the MNR. Fact sheet from OPSEU union re layoffs and restructuring at MNR. Page 111 of 217 12.c) Nottawasaga Valley Conservation Authority, Board and H... BOARD OF DIRECTORS MINUTES MEETING No: 06/13 August 30, 2013 Page 10 of 10 RES. #21 MOVED BY: Perry Ritchie SECONDED BY: Rob Keffer RESOLVED THAT: Correspondence not specifically dealt with be placed on file. Carried; ADJOURN RES. #22 MOVED BY: Perry Ritchie SECONDED BY: Rob Keffer RESOLVED THAT: this meeting adjourn at 1:00 p.m. to meet again at the call of the Chair Carried; FUTURE MEETINGS: Board of Directors — September 27, 2013 9:00 a.m. to 12:00 noon John L. Jose Learning Centre, Tiffin CA A Staff /Board Member luncheon followed the meeting. The following new staff were introduced and existing staff recognized for their years of service. NVCA STAFF INTRODUCTIONS: Byron Wesson, Director of Land Operations and Stewardship Services will introduce 3 new members of the Lands and Operations Program Kyra Howes, Manager of Lands and Operations Matthew Harrison, Lands and Operations Technician Clint Collis, Lands and Operations Assistant NVCA STAFF SERVICE RECOGNITION 5 Years of Service Christine Knapp, Finance Coordinator Kate Northcott, Watershed Engineer Lyle Wood, GIS Technician 10 Years of Service Tina Desroches, Manager GIS Dave Featherstone, Manager Watershed Monitoring 15 Years of Service Barb Perreault, Senior Environmental Officer Chair Nina Bifolchi Wayne Wilson, CAO /Secretary- Treasurer Approved on this 27th day of September, 2013 Page 112 of 217 12.c) Nottawasaga Valley Conservation Authority, Board and H... OMON NOTTAWASAGA VALLEY CONSERVATION AUTHORITY HEARING BOARD MINUTES In the matter of the Conservation Authorities Act, R.S.O. 1990, Chapter 27 and in the matter of an application by Larry Smilsky for permission of the Nottawasaga Valley Conservation Authority pursuant to regulations made under section 28, subsection 12 of the said act to construct a single family dwelling at part lot 21 Concession 12, Town of New Tecumseth municipally known as 4853 13th Line, New Tecumseth. Date: Friday, August 30, 2013 Location: John L. Jose Environmental Learning Centre Tiffin Conservation Area 8195 8th Line, Utopia, On LOM 1N0 Time: 10:00 a.m. Present APPLICANT: Larry Smilsky SON: Rob Smilsky For the NVCA: Hearing Board Present: N. Bifolchi, Chair B. Marrs D. White , Vice Chair M. Lancaster W. Bennotto, Past Chair P. McQueen G. Ardiel F. Nix M. Brett B. Preston D. Davidson P. Ritchie M. Edwards A. Savage D. Jebb M. Smith A. Khan P. Way R. Keffer R. Webster K. Lloyd K. White Rearets E. Hawkins M. Coutanche G. Watson NVCA Staff: Wayne Wilson, CAO /Secretary- Treasurer Sheryl Flannagan, Director of Corporate Services Caleigh Clubine, Communications /PR Coordinator Chris Hibberd, Director of Planning Barb Perreault, Senior Environmental Officer Kristin Nyborg, Planning and Regulations Technician Glenn Switzer, Director of Engineering and Technical Service Stephanie Rivest, Water Resource Engineer /Flood Program Coordinator Laurie Barron, Executive Assistant /Recorder Page 113 of 217 12.c) Nottawasaga Valley Conservation Authority, Board and H... HEARING BOARD MINUTES Applicant: Larry Smilsky August 30/13 Page 2 of 10 CALL TO ORDER Chair Bifolchi called the meeting to order at 10:00 a.m. BOARD OF DIRECTORS TO SIT AS A HEARING BOARD RES. #1: MOVED BY: Walter Benotto SECONDED BY: Bob Marrs RESOLVED THAT: this meeting of the Board of Directors now sit as a Hearing Board. Carried; ROLL CALL OF THE HEARING BOARD MEMBERS Wayne Wilson conducted roll call of the Board and the Applicant PECUNIARY INTEREST DECLARATION None declared Chair Bifolchi Commenced the hearing and advised that the Board will conduct the hearing under Section 28 of the Conservation Authorities Act with respect to an application by Larry Smilsky for permission to construct a single family dwelling at part lot 21 Concession 12, Town of New Tecumseth municipally known as 4853 13th Line, New Tecumseth. The Nottawasaga Valley Conservation Authority has adopted regulations under Section 28 of the Conservation Authorities Act which requires the permission of the Authority for development within an area regulated by the Authority in order to ensure no adverse affect on (the control of flooding, erosion, dynamic beaches or pollution or conservation of land) or to permit alteration to a watercourse or interference with a wetland. Staff has reviewed the proposed work and a copy of the staff report has been given to the applicant. The Conservation Authorities Act, Section 28(12) provides that: Permission required under a regulation made under Subsection 1(a), (b) or (c) shall not be refused or granted subject to conditions unless the person requesting permission has been given the opportunity to require a hearing before the authority. Page 114 of 217 12.c) Nottawasaga Valley Conservation Authority, Board and H... HEARING BOARD MINUTES Applicant: Larry Smilsky August 30/13 Page 3 of 10 In holding this hearing, the Hearing Board is to determine whether or not a permit is to be issued. In doing so, we can only consider the application in the form that is before us, the presentation by staff, and such evidence as may be given and the submissions to be made on behalf of the applicant. The proceedings will be conducted according to the Statutory Powers Procedure Act. If the applicant has any questions to ask of the Hearing Board or of the Authority representatives, they must be directed to the Chair of the Hearing Board. Chair Bifolchi Introduced Wayne Wilson, CAO /Secretary- Treasurer, NVCA. Wayne Wilson Introduced Ken Hill, NVCA Solicitor Ken Hill Provided an overview of the hearing procedures and the role of the board in these proceedings. Wayne Wilson Asked the APPLICANT Larry Smilsky and SON Rob Smilsky To swear or affirm that the information they would give was the truth and nothing but the truth. The applicants affirmed. Asked the NVCA staff members Chris Hibberd, Director of Planning, Barb Perreault, Senior Environmental Officer and Glenn Switzer Director of Engineering and Technical Services, if they would swear or affirm that the information they would give was the truth and nothing but the truth. NVCA staff affirmed. Barb Perreault Commenced with evidence on behalf of the Nottawasaga Valley Conservation Authority. She supplied the following exhibits: Exhibit 1 Planning Staff Report Exhibit 2 Location of the applicant's property in relation to the area regulated by the NVCA under Ontario Regulation 172/06 Page 115 of 217 12.c) Nottawasaga Valley Conservation Authority, Board and H... HEARING BOARD MINUTES Applicant: Larry Smilsky August 30/13 Page 4 of 10 Exhibit 3 Will Say Statement including supporting technical maps, Glenn Switzer, Director of Engineering and Technical Services Exhibit 4 PowerPoint Presentation — Hearing in the Matter of the Conservation Authorities Act R.S.O. 1990 and Larry Smilsky Exhibit 5 Application for Permission with supporting plan Exhibit 6 Excerpt from Nottawasaga Valley Conservation Authority Planning and Regulations Guidelines — Section 4.3.4.5 Development within One -Zone Regulatory Floodplain of River or Stream Valley, board approved August 28, 2009 Exhibit 7 Excerpt from the Provincial Policy Statement 2005, Natural Hazards Section 3.1 Exhibit 8 Notice of Hearing dated July 23, 2013 Exhibit 9 Site Inspection Photos, dated March 13, 2013 Exhibit 10 Curriculum Vitae, Glenn Switzer, Director of Engineering and Technical Services Exhibit 11 Curriculum Vitae, Barb Perreault, Senior Environmental Officer Exhibit 12 Curriculum Vitae, Kristin Nyborg, Planning and Regulations Technician Exhibit 13 NVCA letter to applicant Barb Perreault Presented a PowerPoint Presentation which outlined the considerations staff and the rationale for the suggested staff recommendations. 1. The Subject property is located within an area which is regulated under the Nottawasga Valley Conservation Authority's Development, Interference with Wetlands and Alternation to Shorelines and Watercourses Regulation (Ontario Regulation 172/06). The property is located within the floodplain of Innisfil Creek and has approximately 2.4 meters of flooding. Page 116 of 217 12.c) Nottawasaga Valley Conservation Authority, Board and H... HEARING BOARD MINUTES Applicant: Larry Smilsky August 30/13 Page 5 of 10 2. The applicant has submitted an application for permission to undertake the proposed work in accordance with Section 4 of Ontario Regulation 172/06. 3. The NVCA's Planning and Regulation Guidelines indicates that new development should be directed outside of areas impacted by flooding and erosion. In general, development within the regulatory floodplain shall not be permitted and that development within the regulatory floodplain on vacant lots of record shall not be permitted. 4. Section 3.1 of the Provincial Policy Statement (2005) which provides policy direction on matters of provincial interest related to land use planning and development, states that development be directed outside of the hazard areas. Glenn Switzer The property is located within the regulatory floodplain associated with the main branches of Innisfil Creek and Cookstown Creek. The floodplain in this area was determined based on the NVCA Regulation floodplain modeling. Hydraulic modeling has been revised since the 2006 regulations mapping was completed. NVCA Engineering staff have identified areas of significant flooding in the municipality of New Tecumseth, attributed to Innisfil Creek. Flood depths in this area reach up to 7 metres in the regulatory flood. Floodplain Depth Mapping shows the subject site under 2 to 6 metres of flooding. The property is located approximately 860 metres to the nearest location for safe access and egress for emergency services and approximately 2 kilometers from any edge of the mapped flood hazard area. Safe access and egress cannot be engineered for the site on the municipal road. The regulatory flood elevation a the property is 216.52 metres, the ground elevation at the location of the proposed new dwelling is 214.1 metres, and the elevation of the municipal road in front of the property is 214.5 metres. Elevations are based on 2008 information. Flood depths on the municipal road in front of the property are 2.0 metres, prohibiting safe access and egress to the dwelling during the regulatory flood. Page 117 of 217 12.c) Nottawasaga Valley Conservation Authority, Board and H... HEARING BOARD MINUTES Applicant: Larry Smilsky August 30/13 Page 6 of 10 Flood depths at the location of the proposed dwelling are 2.4 metres, resulting in excessive flooding during the regulatory flood and posing a significant risk to life and property. NVCA staff have compared the criteria for low risk to the proposed development. The flood depth criteria for pedestrians is exceeded by 1.6 metres. The depth velocity criteria are exceeded since the flood depth exceeds 0.8 metres. As a result the proposed development faces a high risk to life and high potential for property damage. Safe access and egress is not available on the municipal road for emergency personal to get to the property. The placement of fill to flood proof the proposed development within the regional storm flood plain will result in loss of flood plain storage which will result in an increase in flood flows downstream from the site. Barb Perreault Concluded that this development does not comply with the NVCA guidelines. The development is contrary to the Provincial Policy Statement and the associated technical guidelines set out for all Conservation Authorities. There is no suitable location on this property outside of the flooding hazard. Chair Bifolchi Invited the Applicant to present his case. Larry Smilsky The proposed plan is to build a house for their son on the subject property. The applicant does not agree with the one zone concept. The applicant advised he feels the NVCA guidelines are grey. Over the years, under the municipal drainage act a lot of time, effort and funding has gone into making the drainage more efficient. The irrigation ponds dug on the property have increased the flood plain capacity. The applicant advised that he has seen no significant flooding in his lifetime on the property. Rob Smilsky The Smilsky family has owned and farmed this land for over 60 years. The intention is to build a single family dwelling and live on and work the land. No future development was ever proposed on the farm. Page 118 of 217 12.c) Nottawasaga Valley Conservation Authority, Board and H... HEARING BOARD MINUTES Applicant: Larry Smilsky August 30/13 Page 7 of 10 No flooding has occurred on the proposed development site in over 60 years. The NVCA is inconsistent in its mandate with regards to fill being added to the flood plain. Numerous projects are in progress. Due to municipal river improvements and land owners in the surrounding areas pond excavation projects, the capacity of the floodplain has vastly increased. Pre - existing land owners are not offered the same protection or scrutiny with regards to development or sale of their properties. There are no homes directly located on the river for 5km downstream that will be affected by any placement of fill. The amount of fill required is offset by improvements to floodplains, i.e. pond excavation, river dredging. The basis for all measurements by the NVCA does not take into account any fill placement. Addition of fill would make the dwelling meet required NVCA standards. The NVCA contends that permission of this application will set a poor precedent. The application should be judged individually without bias or precedent. The applicant concluded that while the NVCA claims stewardship of the watershed, it is the landowners that maintain it in reality. Chair Bifolchi Asked staff for rebuttal and items of clarification. Barb Perrault and Glenn Switzer provided clarification for the Board Members. Asked Larry Smilsky and Rob Smilsky for rebuttal and items of clarification. The Board Members were provided with clarification. RES. #2 MOVED BY: Bob Marrs SECONDED BY: Walter Benotto RESOLVED THAT: The Hearing Board go °In- Camera at 11:25 a.m. to consider information presented by staff and the applicant to formulate a decision regarding an application submitted by, Larry Smilsky, under Section 28 of the Conservation Authorities Act and to seek legal advice as required; and THAT: Wayne Wilson, CAO /Secretary- Treasurer, Ken Hill, NVCA Solicitor and Laurie Barron, Recording Secretary be present. Defeated: Page 119 of 217 12.c) Nottawasaga Valley Conservation Authority, Board and H... HEARING BOARD MINUTES Applicant: Larry Smilsky August 30/13 Page 8 of 10 Chair Bifolchi Confirmed that the motion to go in- camera was defeated. The board members discussed the evidence before them in a public forum. Pecuniary Through the Chair, board member Mary Bret advised that she has Interest a pecuniary interest in voting on the matter as she owns property that is in a NVCA regulated flood plain. Mary Bret did not participate in the vote. RES. #3 MOVED BY: Walter Benotto SECONDED BY: Bob Marrs WHEREAS: Larry Smilsky has applied for permission under the Conservation Authorities Act to permit the construction of a single family dwelling, at Lot 21, Concession 12, municipally known as 4853 13th Line, Town of New Tecumseth, County of Simcoe; and WHEREAS: NVCA staff have reviewed the submission and are unable to support this application; therefore BE IT RESOLVED: that the application be refused for the following reasons: • The proposed development location is within the floodway and does not comply with NVCA's Planning and Regulation guidelines (2009) approved by the Board of Directors in August 2009. • The proposal is contrary to Natural Hazard policies of the Provincial Policy Statement (2005) and the associated Technical Guide - River and Stream Systems: Flooding Hazard Limit (2002). These documents state that development and site alteration shall not be permitted within a floodway. • The proposed development faces a high risk to life and high potential for property damage, due to flood depths (approximately 2.4m). • There is no safe access and egress, on the property or the municipal road, for emergency services. • This development will have a cumulative impact on the control of flooding due to the filling in of a floodplain. Page 120 of 217 12.c) Nottawasaga Valley Conservation Authority, Board and H... HEARING BOARD MINUTES Applicant: Larry Smilsky August 30/13 Page 9 of 10 RECORDED VOTE: In favour Gail Ardiel Walter Benotto Daniel Davidson Bob Marrs Fred Nix Brent Preston Michael Smith Percy Way Darren White Keith White Totals: 10 in favour Discussion ensued. Past Chair Walter Benotto left the meeting at 12:25 The Hearing Board recessed at 12:30 p.m. The Hearing Board reconvened at 12:43 p.m. Against Nina Bifolchi Mike Edwards Donna Jebb Arif Khan Rob Keffer Kevin Lloyd Marty Lancaster P. McQueen Perry Ritchie Alicia Savage Rick Webster 11 against Defeated; RES. #4 MOVED BY: Alicia Savage SECONDED BY: Kevin Lloyd BE IT RESOLVED THAT: the Smilsky application be approved subject to a detailed site plan and permit application being submitted to the satisfaction of the NVCA. RECORDED VOTE: In Favour Against Gail Ardiel Daniel Davidson N. Bifolchi Bob Marrs Mike Edwards Fred Nix Donna Jebb Brent Preston Arif Khan Michael Smith Rob Keffer Percy Way Kevin Lloyd Darren White Marty Lancaster Keith White Paul McQueen Perry Ritchie Alicia Savage Rick Webster Totals: 12 in favour 8 against Carried; Page 121 of 217 12.c) Nottawasaga Valley Conservation Authority, Board and H... HEARING BOARD MINUTES Applicant: Larry Smilsky August 30/13 Page 10 of 10 RES. #5 MOVED BY: Darren White SECONDED BY: Bob Marrs RESOLVED THAT: this hearing adjourn at 12:46 p.m. to meet again at the call of the Chair. Carried; N. Bifolchi, NVCA Chair Wayne R. Wilson, CAO /Secretary- Treasurer Approved this 27th day of September, 2013 Page 122 of 217 12.c) Nottawasaga Valley Conservation Authority, Board and H... Nottawasaga Valley Conservation Authority o, y��,rroK a. °4 HIGHLIGHTS of the NVCA BOARD OF DIRECTORS MEETINGS - No. 08/13 - Sep. 27, 2013 NVCA 2014 -2018 STRATEGIC PLAN APPROVED The NVCA's Board of Directors approved the 2014 -2018 Strategic Plan, which has been developed over the past year with input from staff, Board members and more than 100 members of key stakeholder groups and the general public. It was prepared with the assistance of Karen Wianecki of Planning Solutions Inc. and Janet Dusek of JD & Associates. The plan includes an updated vision, mission and guiding principles, and lays out the Conservation Authority's strategic direction under three overarching themes. The first - Protect, Enhance and Restore - deals with the business of protecting life and property from natural hazards and promoting a healthy, sustainable watershed. The second - Learn and Discover - addresses ways in which the CA will continue to promote the watershed while seeking new knowledge and sharing information. The third - Connect - looks at ways in which the NVCA can expands its connections with people in the watershed, and lead, partner and collaborate with other organizations. The Strategic Plan is available on the NVCA's website at www.nvca.on.ca. CUSTOMER SERVICE STRATEGY APPROVED In conjunction with the NVCA's Strategic Plan, staff were directed to develop a Customer Service Charter and Strategy to publicly affirm the CA's commitment to providing a high standard of effective and efficient service. The Customer Service Charter - outlining targets for customer service - was approved by the Board in June. At the September 27 meeting the Board approved the Strategy, in which the NVCA explains its overall customer service goals and plans for continuous improvement. The Customer Service Strategy is available on the NVCA's website at www.nvca.on.ca. BOARD ENDORSES STUDY INTO GROUNDWATER RESOURCES IN SIMCOE COUNTY Municipalities in central Simcoe County rely heavily on groundwater for municipal drinking water, and growth pressures will continue to put high demands on this critical resource. In order to increase understanding of the geology of the region and the groundwater availability now and for the future, a 4 -year project is being implemented by the Ontario Geological Survey, funded by the Province of Ontario. The data and 3D model to be produced will be extremely useful to organizations like the NVCA, and therefore staff will provide in -kind support to the project such as providing expertise and access to field sites. 1 Page 123 of 217 12.c) Nottawasaga Valley Conservation Authority, Board and H... The Board voted to endorse the "Proposed Groundwater Study of the 3D mapping of Quaternary deposits in the central Simcoe County area" and to send letters to the Councils of Springwater, Clearview, Wasaga Beach and Collingwood to request that they also consider resolutions of support. DEPUTATONS MADE TO NVCA BOARD BY NDACT AND THE BLUE MOUNTAIN WATERSHED TRUST FOUNDATION Two groups made presentations to the NVCA Board of Directors at their September 27 meeting for future discussion and consideration. Carl Cosak of the North Dufferin Agricultural and Community Task Force (NDACT) requested that the NVCA pledge support for their "Food and Water First" campaign, in which they seek to protect Ontario farmland and sourcewater regions, and to preserve the land and water for future generations. Don Kerr of the Blue Mountain Watershed Trust Foundation ( BMWTF) presented an update on the BMWTF's efforts to protect the Silver Creek Wetland Complex. The BMWTF would like to see this land donated to the NVCA to be managed under the conservation lands program. For the full agenda including documents and reports, please visit our website: http: / /nvca.on.ca/ meetings /BoardofDirectors /Agendas/ Future meetinas and events: For more information, please contact: Board Meeting 9/13 - October 25, 2013 Wayne Wilson, CAO /Secretary- Treasurer (705) 424 -1479 ext. 225 wwilsonOnvca.on.ca 2 Page 124 of 217 12.d) Correspondence dated September 26, 2013 from Ontario M... ISSUE DATE: September 26, 2013 PL130508 Ontario Ontario Municipal Board Commission des affaires municipales de ('Ontario IN THE MATTER OF subsection 45(12) of the Planning Act, R.S.O. 1990, c. PA 3, as amended Appellant: Applicant: Subject: Variance from By -law No.: Property Address /Description Municipality: Municipal File No.: OMB Case No.: OMB File No.: APPEARANCES: Parties Allan and Victoria Palmer Wayne and Christine Lambert Allan & Victoria Palmer Christine Lambert & Wayne Lambert Minor Variance 97 -95 11 Palm Beach Road Township of Oro - Medonte 2013 -A -18 PL130508 PL130508 SEP 3 0 2w ORO- MEDO,v T E _. 7QVVN1SHIP DECISION DELIVERED BY SYLVIA SUTHERLAND AND ORDER OF THE BOARD [1 ] Wayne and Christine Lambert ( "Applicants ") applied for a variance to permit an interior side yard setback of 2 m, whereas the minimum interior side yard setback required is 3.m in order to add a two - storey attached garage /workshop to a property at 11 Palm Beach Road ( "subject property ") in the Township of Oro - Medonte ( "Township "). [2] The variance was approved by the Committee of Adjustment ( "COX), subject to six conditions as outlined in Attachment 1 to this order.. Page 125 of 217 12.d) Correspondence dated September 26, 2013 from Ontario M... - 2 - PL130508 [3] Allan and Victoria Palmer ( "Appellants "), who own the property adjacent to the subject property, appealed the COA decision to the Board pursuant to s. 45(12) of the Planning Act ( "Act "). Among the reasons for their appeal are the following: a) Minor adjustments to the design would allow the two -car garage to be built on the subject property without the need for a variance. b) The proposed building is too large and very invasive. The existing side yard is already smaller than the minimum side yard requirements. c) The Appellants will lose views from two windows in their home that face the proposed garage. They will also lose sunlight to their vegetable garden as a result of the proposed garage. d) The variance does not comply with s. 5.16.1 of the Zoning By -law ( "ZBL "). It appears the subject lot does not meet the ZBL's minimum lot frontage and lot area requirements. In this case, s. 5.17.1 would also not be met. e) The Appellants believe it will be difficult for the Applicants to maintain the eaves on their garage with the proposed small side yard. They are concerned that snow falling off the roof of the garage will fall onto their walkway and cause safety issues. f) The second condition imposed by the COA should be modified to delete the word "approximately" so that the building must be located "no closer than 2.0 m from the northerly interior side lot line." g) The requested variance is not minor. [4] The Township did not participate in the hearing, and the Applicants and Appellants represented themselves. No expert land use planning evidence was heard. Page 126 of 217 12.d) Correspondence dated September 26, 2013 from Ontario M... - 3 - PL130508 FINDINGS [5] According to a report from the Township's manager of planning, Derek Witlib, found in the Board files and to which reference was made at the hearing, the subject property is designated "Shoreline" in the Township's Official Plan ( "OP "). Single detached residential uses are permitted in this designation, and one of the stated objectives of the designation is "to maintain the existing character of the predominately residential area." [6] The subject property presently contains a single- storey 122.6 sq m dwelling, to which the Applicants are proposing to add a two - storey 122.6 sq m attached garage and hobby workshop. [7] Pictures presented at the hearing (Exhibits 1, 2 and 5) show long, narrow lots, with dwellings placed relatively close together near the end of the lots, as are the Applicants' and Appellants' dwellings. [8] The Appellants maintain that the proximity of the proposed structure could potentially pose a winter safety hazard involving falling snow. There was no evidence presented to substantiate this claim. The Appellants have a small vegetable garden at the side of their house abutting the Applicants. They state that the proposed garage would cut off light and make a garden in this location impossible. They also argue that the proposed structure would block views they currently have, largely, it would appear, across the Applicants' property, to the broader neighbourhood. [9] Mr. Witlib observes in his report that "some of the existing older dwellings appear to possess interior side yard setbacks less than the 3 m minimum requirement." [10] The subject property is zoned Shoreline Residential ( "SR ") in the ZBL, which permits single detached dwellings. According to Mr. Witlib's report, the purpose of the side yard setback requirement is to provide spatial separation between neighbouring dwellings, as well as ease of access and maintenance on a lot. The question is whether the 3 m setback would prove noticeably different in this regard than the requested 2 m setback. Page 127 of 217 12.d) Correspondence dated September 26, 2013 from Ontario M... - 4 - PL130508 [11] Planning staff agreed with the Applicants that it would not. [12] Mr. Lambert, speaking on behalf of the Applicants, pointed out that, under s. 5.1.3 (d) of the ZBL (Exhibit 7), he would be permitted to build a detached accessory building or structure with an allowable minimum set back of 2 m from the interior lot line. He said if he detached the proposed structure from the dwelling it would have to be moved forward only a short distance, and could be connected by a short walkway to the dwelling. To do this, he would not require a variance. This, he suggested, could further exacerbate the issues the Appellants have with the proposal. [13] Mrs. Palmer, speaking on behalf of the Appellants, indicated that she was not happy with the idea of a detached garage /workshop. [14] The subject property is a non - complying lot since it was in existence prior to the passage of ZBL and does not meet the lot area and /or lot frontage requirements of the applicable zone. Section 5.17.2 of the ZBL states that the lot may be used and buildings may be erected or enlarged on it "provided the use conforms with the By -law and the buildings or structures comply with all of the other provision of this By -law." [15] Section 45(1) of the Act allows for variances to a ZBL provided they meet four tests: • the general intent and purpose of the OP • the general intent and purpose of the ZBL • are appropriate for the desirable development of the lot • are minor [16] In the Board's view, having carefully considered the positions of both sides, the proposed variance meets these four tests. The Board is not without sympathy for the Appellants. Certainly, the side of the proposed garage will present a less pleasant Page 128 of 217 12.d) Correspondence dated September 26, 2013 from Ontario M... - 5 - PL130508 aspect than they now enjoy, but there is no guaranteed view over private property in the Act. The Applicants could as of right, construct a structure that would arguably be less acceptable to the Appellants. It is hoped that the small vegetable garden could be re- located. Whether or not the Applicants could modify their plans to construct a smaller building is not the issue. The issue is whether their proposal meets the criteria of s. 45(1) of the Act. [17] The Board can find no impacts negative enough to consider the 1 m variance anything but minor. ORDER [18] The Board orders that the appeal is dismissed and the variance to By -law 97 -95 is allowed subject to the conditions as set out in Attachment 1 to this order, with the following modification: • The word "approximately" is to be deleted from Condition 2 to be replaced with the. words "no closer than" 2 m from the northerly interior side lot line. "Sylvia Sutherland" SYLVIA SUTHERLAND MEMBER Page 129 of 217 12.d) Correspondence dated September 26, 2013 from Ontario M... - 6 - PL130508 ATTACHMENT 1 COAIAIiT IX OFADJLTSTAiE -4r NOTICE DPI)ECISION Application No. 2013 -A•18 — wayyc S Christine Lambert 11 Palto Deach Road, LA 4, Ilan 863 FN THE AIA1TER OF the Ptn¢ring otcr. le So, I g90, C,P. 13 a3 amandcd, Sectall a5 ( ()(2)(8)(9) and (121), and IN THE AIATI'ER Oh21II3 -A -t8 -Wayne - Clrnstinc Lamhcn, 11 1`4n, Be=lt )toad, Lot 4, Pl:m 865 (former Township of Oro), Township orOm- Medante. WHEREAS the subject property pn:scatly contains a single storey 122.6 square metre (1320 square foot) dwelling and the applicant is proposing to add a Iwo storey 1216 square =Iry (1320 square foot) attached paragcalurbbytworkshop (613 sil.nt (660 sq,ft.) per floor), ilia applicant is requesting the following relief from Zoning Bylaw 97 -95, . Zone: Shoreline Residential (SRI Zone Renuired Pronaaed 1. Table III — AIininrunt Required Interior Side Yarn 3A0 metres g.(} metres NVIIEREA9 the suhjcct property 'is designated "Shoreline' is the Official Plan, and zoned "Shoreline licsiden(ial (SR) Zone" by Zoning Tip -haw 97.93, and {VNi1MV; having liar) regard to thaw mnttcrs addressed by The planning Act, in accordance with the rules and prneedenus pr .icfihed under Ontario Regulation 210/96. as arner cd_ and having considered all relevmrt information as Prescalcd at Ulu Public hewing on ilia 18 "' day of April. 2013. The following is the Decision or the Cralmonrec. "11ic Coumuncc of Adjustincot. approves Variance Applivation 2013 -A -18, sltecifienlly, to perntil n ntinirtcout interior side yard setback or 2.0 n:cires, subject to the following conditions. I . That, natwilhstmrding Table 111 or Zoning )ly -law 97-95, as anicntled, the anachod garagelhobby /workshop shall otherwise comply with all other applicable provisions of the Zoning By -law; 2. That all Ontario Land Surveyor provide veriGcaiint in ilia 'rawnship of cnmph,olce with the Cotmtuttcx3 decision by 1) pinning the rooting and 7) verifying in writing prior to pouring or file )tntnd,idon by way of survcyfreal pmNity report that the ialaeberl g;rtaga/htibbylwurkshop bo located no deescr Shun appruxhnatdy 2.0 ancires fnvttlhe nonfm {ly inioriurside )r +t line; 3- Titat the locution slid izc or ille prnpo;wd attcachnd gangc/bnbbyAvurl hap he satbslintially and proportionally in conformity willr the dimensions as sot out oh Ilia application and skochee mlvidned . and approv «f by the COrrnillirse; 4. That the applicant pm,idc the Townsldp With an angincemd lei grading plan; 5- That the applicant obtain ally permits and /or approvals required, from the lake Slow= Itegion Conaervotion Authority; and 6. That the appropriate tuning certificate told buttdtog permit he obtained From the Township only after tin: Conutdocc's decision becmires liaal and binding; ns pmridcd by lire Planning Act R S.O- 1990, c;P_ 13. Dated ihis48diduporApriL Carried," 2Gl3. /j� I' Q) And 17h I-cigh irlcmbers .ucncurring i this ciccusintt . Secretary Treasurer •A' erg D DI nueeuncur f _ Did not Scot AhacF'i ,aa mir Bruce Cfrappa0 �r Roy llrntbtgs n t>pifrt Allan losr TAKE NOTICE than pummot to Seabee :45(13) of the Planning Act, it.S -O 1996, c_p 13, as amended, the abovx decision and/or conditions tllay be appealed to the Ontario Alonieipal Board. Only individuals, corporations and Public bullies may appeal dcuistuns in aspect of apptiations for varlanca ill till Ontario Municipal Brand. A notice of npprml may fiat It. Mad by an unincorporated ;mociation or grtsup m , Iiosvcvcr. u natiee fir nppenl may be Filed in lite nae of an in m individual who is a ornhcr of Lice asaocimina or group. Page 130 of 217 12.d) Correspondence dated September 26, 2013 from Ontario M... - 7 - PL130508 THE LAST DATE FOR FILING A NOTICE OFAPPEAL IS WEDNESDAY, THE 8" DAY OF MAY, 21113 A "NOTWE OF APPEAL" setting out in writing the supporting reasons for the appeal shnldd be rccoiscd on or before drr list date for - Appeal" m:cotnranicd BY a complete the OMB AprOlaw Fnrm (A7) Planning Act and a cenified shequa or money mdv in the amount of ONE HUNDRED AND nVENPY FIVE DOLLARS puyahlc to aw MINI- -5MY OF FINANCI The notice is to be subrnitted to: Semiary - Trensumr of the Committee of Adjusu -ni, 148 Lino 7 5ontly PO BOX 1017, Orn, ON LOL:AO_ i SUBJECT PROPERTY iti Fa7n 5—a Rtayl 3 _ z r L�I n�. e I i �r i� � ♦ r i tE va J Page 131 of 217 13.a) Correspondence dated September 30, 2013 from Steven Si... From: Steven Sinopoli Sent: Monday, September 30, 2013 8:56 PM To: Hodgkinson, Justin Subject: RE: Event Proposal - Horseshoe Valley Memorial Park (Line 4 Park) To Whom It May Concern, I Steven Sinopoli am requesting permission to use a propane heater as well as have an open controlled fire on the premises of the 4th Line Memorial Park, in the evening on Saturday December 14 2013. Thank You Steve Sinopoli Page 132 of 217 13.b) Correspondence dated September 27, 2013 from Keith She Severn Sound Environmental Association 67 Fourth Street Midland, Ontario L4R 3S9 (705) 527 -5166 - FAX (705) 527 -5167 Website: www.severnsound.ca September 27, 2013 Mayor and Council Members of the Severn Sound Watershed, Following direction given at our special ad hoc committee meeting held on September 12th, Chair Ron Stevens, Vice -Chair Ray Millar and I met on September 18th with Midland Mayor Gord McKay and Midland CAO Carolyn Tripp. The purpose of our meeting was to discuss concerns regarding the Town of Midland's relationship with the SSEA and costs associated with that relationship. You will recall that these concerns were recently reported on to Midland's Town Council by way of a General Administration Report dated August 26th, 2013. While there are a number of specific concerns enumerated in the aforementioned report, the crux of the matter centers around 2 issues; 1) administrative support costs provided to the SSEA by the Town of Midland and, 2) the annual deficit, resulting debt, and plans for debt repayment. While we plan to speak to all of the issues at our next scheduled SSEA Board meeting, we feel it is necessary to address the matter of administrative support costs in advance of that meeting. (The debt repayment plan having been already been discussed with a Board recommendation.) As you know, the Town of Midland (as host municipality) provides the SSEA with Treasury, Information Technology and Human Resources services at a cost of approximately $5,000 per annum. This cost has been long established and was relied upon by our staff when preparing both the current budget and the 5 year forecast. As a result of recent internal audits, the Town of Midland has come to realize that the $5,000 annual stipend they have charged the SSEA falls far short of their actual expenses. Midland's Treasury department has calculated the actual costs to be in the $30,000 /annum range. A question raised at our Sept 12th meeting asked whether or not the $30,000 fee represented an extraordinary one year expense or was the $30,000 fee a go forward cost? In response to that question, Midland's Treasury department has advised that all costs deemed extraordinary were backed out of the equation and their best estimate is that the go forward costs will be $30,000 per annum. Put another way, it is expected that the all in administrative costs are equal in time and resources to approximately 50% of a full time equivalent. Both Midland's Treasurer and CAO have a high level of confidence in these estimates and I have no reason to doubt them. That said the Treasurer is preparing a costing report for SSEA review and should the member municipalities of the SSEA agree to continue the relation with Midland acting as host municipality, an annual review of costs will be undertaken. Given the time constraints we face in terms of preparing our respective 2014 municipal budgets, it has been recommended that SSEA staff be directed to amend the 2014 SSEA budget, as well as the already prepared debt repayment plan (option 2), so that each reflects an additional $25,000 operating expense, on a prorated municipal contribution level basis. Page 133 of 217 13.b) Correspondence dated September 27, 2013 from Keith She If in 2014 or any subsequent year, the member municipalities choose to revisit the choice of host municipality, they are at liberty to do so. Trusting this recommendation meets your approval, I look forward to hearing from each Board member (in the form of a straw vote) before any motion moves forward to our respective Councils. Yours truly, Keith Sherman, Executive Director Severn Sound Environmental Association Page 134 of 217 0 �• 4 ie� mq {� c t"1 .� .V l�1" Q a�yarp .. Ny . , g, V V _ VI, �.° R. ,• CC Q• .� ai L z c .O rplp* CL • , :cam ?.+. I � `►. N ftk i 4J E 0 z QLV O i N � LM J ,u � N LM a ui 13 GJ > pp 0 �� o z° a m c �► M l /�► N IA IA 0 4J -fir � i •.� �•`r N ftk i 4J E 0 z m 0 °o U O i N � LM J ,u � N LM a ui 13 GJ > pp 0 �� o z° a m c �► M l /�► N IA IA 0 4J m 0 °o U 13.c) Correspondence dated October 2, 2013 from Severn Sound... e' Severn Sound Environmental Association 67 Fourth Street Midland, ON L4R 3S9 L4R 4K6 (705) 527 -5166 - FAX (705) 527 -5167 www.severnsound.ca October 2, 2013 FOR IMMEDIATE RELEASE: Call for Nominations for the Severn Sound Environmental Association's 2013 Environmental Awards Severn Sound Environmental Association's 2013 Bob Whittam Award From 1989 to 1997, renowned biologist and naturalist Bob Whittam was the Chair of the Public Advisory Committee for the Severn Sound Remedial Action Plan. Bob retired from his post in 1997, but his continued support of the Severn Sound Environmental Association is highly valued by the staff. Each year we recognize those who are dedicated and truly interested in improving the Severn Sound Watershed and area. The nominees considered could include assisting the Severn Sound Environmental Association or developing their own initiative such as habitat restoration, stewardship, or environmental education, all of which promote a healthy Severn Sound ecosystem. We are inviting everyone in our communities to nominate worthy individuals or groups for the 2013 Bob Whittam Award. To nominate someone, a group or an individual who has made and /or continues to make an important contribution to the Severn Sound ecosystem, please contact the SSEA office for a nomination form or visit our website at www.severnsound.ca. The deadline for nominations will be November 1, 2013. 19181 For more information, please contact Gail Marchildon, SSEA Office Manager @ (705) 527 -5166 ext: 207 or by email @ gmarchildon(a)midland.ca. Page 136 of 217 13.c) Correspondence dated October 2, 2013 from Severn Sound... Nomination Form for the Bob Whittam Environmental Award Nominee: Group or Individual Criteria: Nominees must have made an outstanding environmental contribution to the Severn Sound ecosystem. NOMINATION FORM: Name of Nominee - Group or Individual Address (Street, City /Town, Province, Postal Code) Telephone Date of Achievements Summary of Achievements Additional Comments Name (Nominator 1) Name (Nominator 2) Address Address Telephone Telephone Submit to: Gail Marchildon, Office Manager Severn Sound Environmental Association 67 Fourth Street, Midland ON L4R 3S9 d1 Tel: (705) 527 -5166 Fax: (705) 527 -5167 Email: gmarchildon(o�midland.ca Page 137 of 217 13.d) Correspondence dated October 4, 2013 from Gayle Wood, ... Lake Simcoe Region conservation authority A Watershed for Life October 4, 2013 Mayor and Members of Council Township of Oro- Medonte P.O. Box 100 Oro, Ontario LOL 2X0 Dear Mayor Hughes and Members of Council, Re: An invitation to the Lake Simcoe Region Conservation Authority's Annual Conservation Awards Ceremonv. Thursday. November 7. 2013 We're pleased to invite you to attend our Annual Conservation Awards Ceremony on Thursday, November 7, from 6:00 p.m. - 8:30 p.m. at Madsen's Greenhouse in Newmarket. An appetizer buffet and refreshments will be served. Each year we salute and celebrate our "Watershed Heroes" with members of the community, elected officials, and environmental leaders from around the Lake Simcoe watershed. By celebrating environmental success stories from across the watershed, we hope to inspire others to conserve and protect Lake Simcoe and its watershed. We value our watershed municipalities among our most important partners, and hope you will be able to join us. Please RSVP to Natasha Denham by October 25th. Natasha can be reached by email at n.denham @lsrca.on.ca or by phone at (905) 895 -1281, ext. 258. Yours truly, q4;:�L D. Gayle Wood Chief Administrative Officer /Secretary- Treasurer 120 Bayview Parkway, Box 282 Tel: 905.895.1281 1.800.465.0437 Web: www.LSRCA.on.ca Newmarket, Ontario LT 4X1 Fax: 905.853.5881 E -Mail: Info @LSRCA.on.ca Proud winner of the International Thiess Riverprize Member of Conservation Ontario Page 138 of 217 13.d) Correspondence dated October 4, 2013 from Gayle Wood, ... 1 v E i � V O %A O 'a H �a .O %A > N a � O u x IS - 4 r Elk O O H L O Q in c � O •C 0 GG Z ro E� uo s N Eru O Z En i Jo0 pp •� GJ J9 R L. E v E i � V O %A O 'a H �a .O %A > N a � O u x IS - 4 r Elk O O H L O Q in 4p L1 N a N i N O r` V co O •fl L1 co Q = O 0 o a Q � za O a� C Q a� a Page 139 of 217 E E� s N O Z C i pp •� GJ J9 R L. E N E o �s z Z Q �a A 3 E �2 > s LL a, m •N a N 0 Q � a 4p L1 N a N i N O r` V co O •fl L1 co Q = O 0 o a Q � za O a� C Q a� a Page 139 of 217 13.e) Request from Kristin MacNamara, LIM Energy Inc., re: C... Council Meeting Minutes — November 28, 2012. d) Correspondence dated November 19, 2012 from Kristin MacNamara, LIM Energy Inc., re: Request for Support for Solar Photovoltaic Project - 432 7th Line, Oro. Motion No. C121128 -31 Moved by Meyer, Seconded by Coutanche Be it resolved 1. That the correspondence dated November 19, 2012 from Kristin MacNamara, LIM Energy Inc., re: Request for Support for Solar Photovoltaic Project - 432 7th Line, Oro be received. 2. That Council supports the Request for Support for Solar Photovoltaic Project - 432 7th Line, Oro. 3. And That the appropriate Municipal Council Support Resolution be completed under the Director of Corporate Services /Clerk's signature. Carried. Page 18 of 23 Page 140 of 217 13.e) Request from Kristin MacNamara, LIM Energy Inc., re: C... ONTARIO POWER AUTHORITY TEMPLATE: MUNICIPAL COUNCIL SUPPORT RESOLUTION (Section 5.1(g)(i) of the FIT Rules, Version 3.0) Resolution NO: Date: 120 Adetaide Street West, Suite 1600 Toronto, Ontario M5H 1T1 T 416- 967 -7474 F 416- 967 -1947 www. powerauthority. on. ca OPARP /f- FIT -012r1 [WHEREAS] capitalized terms not defined herein have the meanings ascribed to them in the FIT Rules, Version 3.0. [AND WHEREAS] insert name of Applicant (the "Applicant ") proposes to construct and operate a insert description of facility, including renewable fuel (e.g., rooftop solar facility, biogas facility) (the "Project ") on insert address or legal description (the "Lands ") in insert the name of the Local Municipality under the Province's FIT Program; [AND WHEREAS] the Applicant has requested that Council of insert the name of the Local Municipality indicate by resolution Council's support for the construction and operation of the Project on the Property; [AND WHEREAS], pursuant to the FIT Rules, Version 3.0, Applications whose Projects receive the formal support of Local Municipalities will be awarded Priority Points, which may result in the Applicant being offered a FIT Contract prior to other Persons applying for FIT Contracts; [NOW THEREFORE BE IT RESOLVED THAT]: Council of the insert the name of the Local Municipality supports the construction and operation of the Project on the Lands. This resolution's sole purpose is to enable the Applicant to receive Priority Points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Project or any other purpose. Title Title: (signature lines for elected representatives.) FIT reference number: (The reference number must be inserted by the Applicant in orderfor the resolution to comply with the FIT rules, even where Local Municipal letterhead is used. This is not to be inserted by the Local Municipality.) Oct 2013 Page 1 of 1 Page 141 of 217 13.e) Request from Kristin MacNamara, LIM Energy Inc., re: C... Council Meeting Minutes — January 9, 2013. e) Correspondence dated January 8, 2013 from Alex Sellink, LIM Energy Inc., re: Request for Municipal Council Support for a Rooftop Solar (Photovoltaic) Project, 84 15/16 Sideroad. Councillor Crawford declared a pecuniary interest on Item 13e) Correspondence dated January 8, 2013 from Alex Sellink, LIM Energy Inc., re: Request for Municipal Council Support for a Rooftop Solar (Photovoltaic) Project, 84 15/16 Sideroad as he is a Director on the Oro Agricultural Society. Councillor Crawford left the table and did not participate in the discussion or the vote. Motion No. C130109 -15 Moved by Coutanche, Seconded by Meyer Be it resolved 1. That the correspondence dated January 8, 2013 from Alex Sellink, LIM Energy Inc., re: Request for Municipal Council Support for a Rooftop Solar (Photovoltaic) Project, 82 15/16 Sideroad be received. 2. That Council supports the Request for Municipal Council Support for a Rooftop Solar (Photovoltaic) Project, 82 15/16 Sideroad. 3. And That the appropriate Municipal Council Support Resolution be completed under the Director of Corporate Services /Clerk's signature. Carried. Page 9 of 12 Page 142 of 217 13.e) Request from Kristin MacNamara, LIM Energy Inc., re: C... ONTARIO POWER AUTHORITY TEMPLATE: MUNICIPAL COUNCIL SUPPORT RESOLUTION (Section 5.1(g)(i) of the FIT Rules, Version 3.0) Resolution NO: Date: 120 Adetaide Street West, Suite 1600 Toronto, Ontario M5H 1T1 T 416- 967 -7474 F 416- 967 -1947 www. powerauthority. on. ca OPARP /f- FIT -012r1 [WHEREAS] capitalized terms not defined herein have the meanings ascribed to them in the FIT Rules, Version 3.0. [AND WHEREAS] insert name of Applicant (the "Applicant ") proposes to construct and operate a insert description of facility, including renewable fuel (e.g., rooftop solar facility, biogas facility) (the "Project ") on insert address or legal description (the "Lands ") in insert the name of the Local Municipality under the Province's FIT Program; [AND WHEREAS] the Applicant has requested that Council of insert the name of the Local Municipality indicate by resolution Council's support for the construction and operation of the Project on the Property; [AND WHEREAS], pursuant to the FIT Rules, Version 3.0, Applications whose Projects receive the formal support of Local Municipalities will be awarded Priority Points, which may result in the Applicant being offered a FIT Contract prior to other Persons applying for FIT Contracts; [NOW THEREFORE BE IT RESOLVED THAT]: Council of the insert the name of the Local Municipality supports the construction and operation of the Project on the Lands. This resolution's sole purpose is to enable the Applicant to receive Priority Points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Project or any other purpose. Title Title: (signature lines for elected representatives.) FIT reference number: (The reference number must be inserted by the Applicant in orderfor the resolution to comply with the FIT rules, even where Local Municipal letterhead is used. This is not to be inserted by the Local Municipality.) Oct 2013 Page 1 of 1 Page 143 of 217 13.f) Request from Amaral Utilia, SunEdison re: Confirmation... Council Meeting Minutes — January 9, 2013. f) Correspondence dated December 5, 2012 from Utilia Amaral, Director, Government Relations (Canada), SunEdision re: Request for Municipal Resolutions for SunEdison Projects. Council consented to permit Fred Zalcman to speak on the matter. Motion No. C130109 -16 Moved by Evans, Seconded by Lancaster Be it resolved 1. That the correspondence dated December 5, 2012 from Utilia Amaral, Director, Government Relations (Canada), SunEdision re: Request for Municipal Resolutions for SunEdison Projects, David Anderson, 2446 Old Barrie Road East, be received. 2. That Council supports the Request for Municipal Council Support for a Ground - mount Project, David Anderson, 2446 Old Barrie Road East for the January 2013 FIT 2.1 application submission. 3. That the applicant provide the Township with the completed soil analysis confirming the Class 4 designation. 4. And That the appropriate Municipal Council Support Resolution be completed under the Director of Corporate Services /Clerk's signature. Carried. Page 10 of 12 Page 144 of 217 13.f) Request from Amaral Utilia, SunEdison re: Confirmation... ONTARIO POWER AUTHORITY TEMPLATE: MUNICIPAL COUNCIL SUPPORT RESOLUTION (Section 5.1(g)(i) of the FIT Rules, Version 3.0) Resolution NO: Date: 120 Adetaide Street West, Suite 1600 Toronto, Ontario M5H 1T1 T 416- 967 -7474 F 416- 967 -1947 www. powerauthority. on. ca OPARP /f- FIT -012r1 [WHEREAS] capitalized terms not defined herein have the meanings ascribed to them in the FIT Rules, Version 3.0. [AND WHEREAS] insert name of Applicant (the "Applicant ") proposes to construct and operate a insert description of facility, including renewable fuel (e.g., rooftop solar facility, biogas facility) (the "Project ") on insert address or legal description (the "Lands ") in insert the name of the Local Municipality under the Province's FIT Program; [AND WHEREAS] the Applicant has requested that Council of insert the name of the Local Municipality indicate by resolution Council's support for the construction and operation of the Project on the Property; [AND WHEREAS], pursuant to the FIT Rules, Version 3.0, Applications whose Projects receive the formal support of Local Municipalities will be awarded Priority Points, which may result in the Applicant being offered a FIT Contract prior to other Persons applying for FIT Contracts; [NOW THEREFORE BE IT RESOLVED THAT]: Council of the insert the name of the Local Municipality supports the construction and operation of the Project on the Lands. This resolution's sole purpose is to enable the Applicant to receive Priority Points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Project or any other purpose. Title Title: (signature lines for elected representatives.) FIT reference number: (The reference number must be inserted by the Applicant in orderfor the resolution to comply with the FIT rules, even where Local Municipal letterhead is used. This is not to be inserted by the Local Municipality.) Oct 2013 Page 1 of 1 Page 145 of 217 13.f) Request from Amaral Utilia, SunEdison re: Confirmation... Agricultural Land Evaluation & Soil Study SunEdison Power Canada Anderson ON -11 -0623 Part Lot 10, Concession 14 Geographic Township of Oro Municipality of Oro - Medonte County of Simcoe October 2012 Revised — January 2013 Prepared by: CLARK CONSULTING SERVICES LTD. Offices: Kingston and Port Hope, ON www.clarkcs.com 114 ycY.._.r •.:YI CLARK Page 146 of 217 13.f) Request from Amaral Utilia, SunEdison re: Confirmation... Agricultural Land Evaluation and Soil Study CLARK In Support of a Proposal for a Ground Mounted Solar PV SunEdison Project: Oro Anderson ON -11 -0623 CCS Project No. 1706 Date: October 19, 2012 Revised: January 2013 Prepared for: SunEdison Prepared by: Clark Consulting Services Clark Consulting Services (CCS) was retained by Simon Gill of SunEdison, Toronto, to prepare an Agricultural Land Evaluation and Soils Study in support of a FIT application to the Ontario Power Authority for a ground mounted solar PV project greater than 10kW. A site visit and assessment was made by CCS on October 19, 2012 and a report created in accordance with OMAFRA guidelines. Bob Clark of Clark Consulting Services has over 30 years of experience in the preparation of Agricultural Land Evaluations. His CV and a list of relevant projects is attached to this report. In accordance with FIT project eligibility, CCS conducted a review of available mapping related to agricultural land capability, conducted a site visit with excavation of test pits as required. The test pits are reproduced as Attachment A. The following report presents our findings. 1. LOCATION - FIGURE 1 LOCATION MAP The site is located on the North side of Old Barrie Road East in Lot 10, Concession 14, Geographic Township of Oro, Municipality of Oro- Medonte, County of Simcoe. It is approximately 31 hectares (76 acres) in size. The property is a partially wooded farm used for sheep and beef cattle. The open areas are devoted to pasture. The lands have a rolling topography with some significant slopes. Although variable, there are large areas of stones, rocks and boulders. The fences have extensive stone piles. There is a large active gravel pit to the south and west. 2. Soils Mapping- Figure 2 The Soils Map for Simcoe County, completed in 1962, provides a description and mapping of soils for the subject lands. The soils in this area have developed through a combination of glacial and post glacial lacustrine effects. The parent material is glacial till deposited during glacial movement and modified by water action as the glaciers receded. This accounts for the high concentration of lacustrine fragments, stones Page 147 of 217 13.f) Request from Amaral Utilia, SunEdison re: Confirmation... and boulders for those soils developed on the glacial till material and sandy gravelly material for those soils developed on the lacustrine and outwash parent material. The soils report identifies the soils on the subject lands as Vasey sandy loam, Tioga loam sand and Sargent gravelly sandy loam. They are described as having constraints related to stoniness, slope and low fertility. Our field visit confirmed this general description. Figure 2 is an excerpt from the 1962 soils map. SOILTYPE PARENT MATERIAL CHARACTERISTIC Vasey sandy loam sandy loam till stony, good drainage, moderately slopes (Vsl -b) Tioga loamy sand sandy loam till low natural fertility, low moisture holding (Tls -Vasl) capacity, gently underlaying to steep slopes Sargent gravelly sandy gravelly sandy loam stone free, gently to steeply sloping, loam (Stsl) droughty and low natural fertility 2. CLI CAPABILITY MAPPING - FIGURE 3A & 3B The Canada Land Inventory provides a Capability for Agriculture based upon 7 classes and a series of sub classes related to limitations of soils for agricultural production. The 7 classes rate the soil on severity of limitation to cultivation beginning with Class 1 which has no limitations and progressing to Class 7 which cannot be cultivated. The published capability rating was based upon the Soils Mapping. The following capability classifications are associated with the soils types: SOILTYPE CLI RATING Vasey sandy loam (Vasl -b) 6P Tioga loamy sand (Tls -Vasl) 7T >4FM Sargent gravelly sandy loam (Stsl) 3FM A summary of the CLI classes and subclasses is available at http: / /www.omafra.gov.on.ca/ english /landuse /classify.htm. An excerpt from the CLI Mapping has been reproduced as Figure 30. This mapping was further modified for use by OPA. An excerpt from the CLI FIT mapping is reproduced as Figure 3b. Our capability classification based upon a detailed field investigation is presented in Figure 4. Agricultural Land Evaluation and Soil Study SunEdison - Oro Anderson ON -11 -0623 N% - Page 2 Page 148 of 217 13.f) Request from Amaral Utilia, SunEdison re: Confirmation... 3. ELIGIBILITY CRITERIA 3.1 Class 1, 2, 3 and Organic Soils Must Be Avoided The OPA FIT Rules 2.0, released in August 2012, indicate that for lands comprised in whole, or in part, as CLI Organic Lands, CLI Class 1, 2, or 3 on the CLI FIT mapping (Figure 3b), a soil study of the property must be prepared to demonstrate that the site is not located on CLI Organic, CLI Class 1, 2, or 3 lands (Section 3.3(d)(iii)(E)(1)). 3.2 Capability Assessment - Figure 4 The site exhibits a variable capability on the CLI Mapping (Figure 3a). The proponent has indicated the preferred site location for the project (shown on Figure 4, Capability). Our assessment of capability indicates that there are no Class 1, 2, 3, or Organic soils within this site location. 4. CONCLUSIONS The Ontario Power Authority has released the FIT Rules 2.0 in which soils within Classes 1,2, 3 and Organic Lands should be avoided in a FIT application. In preparing an application for a proposed solar farm over 10 kW, Simon Gill of SunEdison, retained Clark Consulting Services to complete an agricultural evaluation of this property as part of the required documentation in support of a FIT application to the OPA for a ground mounted solar PV project greater than 10 kW. During a field investigation of the property on October 19, 2012, CCS did not find evidence of Classes 1, 2, 3 or Organic soils in the site area intended for solar development. The Capability Mapping (Figure 4) provides a refined mapping of the soil classes based on our site visit and test pit findings, and shows that the preferred site location lies entirely within Classes 4 and 6 soils. Sincerely, ti Bob Clark, P.Eng., P.Ag., MCIP, RPP, OLE President Agricultural Land Evaluation and Soil Study SunEdison - Oro Anderson ON -11 -0623 Nq Page 3 Page 149 of 217 13.f) Request from Amaral Utilia, SunEdison re: Confirmation... ATTACHMENTS Figure 1 - Location Map Figure 2 - Soils Map (1962) Figure 3a - CLI Capability Mapping Figure 3b - CLI Rating Map, FIT Program Figure 4 - Capability Assessment Appendix A - Test Pit Logs z: \1706 -Oro Anderson 0623 \1706 -Land Evaluation and Soil Study- October 2012.wpd Agricultural Land Evaluation and Soil Study SunEdison - Oro Anderson ON -11 -0623 Nq -- Page 4 Page 150 of 217 13.f) Request from Amaral Utilia, SunEdison re: Confirmation... Figure 1 - Location SunEdison Oro Anderson ON -11 -0623 Simcoe County Date: +�J Subject Lands d�' �gbw'-9 *fib dqg?. ua '8 &L Bas lake Pray naiat Pa ¢o- .r;.ng a� 3 44 r go E 4� „V L . d� d� hn� 15& S LB t1 � Hawkestnne [4nerlev Rd 8ophie`5 Lan ,iing Jrikia �y ty +F- 1 Mani Provincial Park WRar,.F Prow naiar NTS CLARK z: \1706 -Oro Anderson 0623 \Figure 1- Location Map.cdr Page 151 of 217 13.f) Request from Amaral Utilia, SunEdison re: Confirmation... Figure 2 - Soils SunEdison Oro Anderson ON -11 -0623 Simcoe County '�- Tis -Vast I kv- r� - � - - _ A •' �'. .fir_ � '_. :' �_ R . _ _�i 7 r• a �, _ � `� v _ sY _ Subject Lands „, i CLARK NTS r #wxM Date: October 2012 z: \1706 -Oro Anderson 0623 \Figure 2- Soils.cdr Page 152 of 217 13.f) Request from Amaral Utilia, SunEdison re: Confirmation... Figure 3a - CLI SunEdison Oro Anderson ON -11 -0623 Simcoe County 00) gP 5 Ciwmft Land lrwenbDr11' floftd 94 1 rwia B Fau 5 � 44ui Subject Lands Date: October 2012 Pte' 4VOI.iaS�trn HC�GGSt 11NI�ul ref��41.r. Ilnuiete �y LN dll� GPIR7011C11 �641b7ry C 1.i.rem 9rwlmrxa FA.M LIP NaM - 64A 200 MM 1IFTo" Lh— flwiui �h u. �.ir sr.•r�wa��'r� s _ar u.ie�rre�su�..�a sa [vrwra.�ra.aa� -r �r W =rt�hc�ra'#rYr�� M CLARK z: \1706 -Oro Anderson 0623 \Figure 3a- CLI.cdr Page 153 of 217 MtH E y,Qil o x�lan CLARK z: \1706 -Oro Anderson 0623 \Figure 3a- CLI.cdr Page 153 of 217 13.f) Request from Amaral Utilia, SunEdison re: Confirmation... Figure 3b - CLI FIT SunEdison Oro Anderson ON -11 -0623 Simcoe County Subject Lands Conadia rrsw X114 SP1141jP Date: October 2012 i NTS CLARK R 71706 -Oro Anderson 0623 \Fig 3b -CLI FIT.c Page 154 of 217 13.f) Request from Amaral Utilia, SunEdison re: Confirmation... Figure 4 - Capability Assessment Map SunEdison Oro Anderson ON -11 -0623 Simcoe County I s, s Ai Proposed Solar Site Property Line 4D TP# Test Pit Date: October 2012 - Revised: January 2013 ° - ••� .ice CLARK z: \1706 -Oro Anderson \1706- Figure 4- Capability.cdr Page 155 of 217 13.f) Request from Amaral Utilia, SunEdison re: Confirmation... APPENDIX A Test Pit Logs 4 Page 156 of 217 13.f) Request from Amaral Utilia, SunEdison re: Confirmation... Test Pit Logs for Oro Anderson SunEdison - ON -11 -0623 CCS Project No. 1706 Soil Dig Date: October 19, 2012 Weather: heavy cloud, cool, breezy Test Pit No. 2 - Visual Surface Condition: bush slope, stones, boulders Test Pit No. 2 - Visual Surface Condition: trees, boulders, large stone piles Test Pit No. 3 Surface Condition: pasture, frequent surface stones and boulders A Horizon: 0 -11" dark brown, silty sandy loam, large stones surface and internal B Horizon: 11 " -16" reddish brown sand, stony Soil Type: Vasey /Tioga Soil Capability for Agriculture: 4PT Test Pit No. 4 Surface Condition: pasture, frequent surface stones and boulders A Horizon: 0 -11" dark brown, silty sandy loam, large stones surface and internal B Horizon: 11 " -16" reddish brown sand, stony Soil Type: Vasey /Tioga Soil Capability for Agriculture: 4PT Test Pit No. 5 Surface Condition: bouldery and stony A Horizon: 0 -7" dark brown silty sandy loam, heavy stone and boulders, stopped at 7" Soil Type: Vasey /Tioga Soil Capability for Agriculture: 4PT Test Pit No. 6 - Visual Surface Condition: slope to south at least 9% Test Pit No. 6S Surface Condition: pasture A Horizon: 0 -14" dark brown, sandy loam, stony B Horizon: 14 " -24" reddish brown sand Soil type: Sargent Soil Capability for Agriculture: 4T Test Pit No. 7S Similar conditions to Test Pit 6S Page 157 of 217 13.f) Request from Amaral Utilia, SunEdison re: Confirmation... Test Pit No. 7N Surface Condition: pasture A Horizon: 0 -7" dark brown salty sandy loam, heavy stone B Horizon: 7" stopped, heavy stones Soil Type: Sargent Soil Capability for Agriculture: 4T Test Pit No. 8 Surface Condition: pasture A Horizon: B Horizon: Soil Type: Soil Capability for Agr Test Pit No. 9 - Visual Surface Condition: 0 -8" dark brown silty sandy loam, very stony 8 " -12" reddish brown sand, very stony and gravelly Sargent iculture: 611 bush, stones rocks and boulders Test Pit No. 10 - Visual Surface Condition: bush„ stones, rocks and boulders Test Pit No. 11 Surface Condition: pasture some boulders A Horizon: 0 -8" brown sandy loam B Horizon: 8 " -24" +orange sand Soil Type: Sargent Soil Capability for Agriculture: 4FM Test Pit No. 12 Surface Condition: pasture in valley, some stone A Horizon: 0 -10" brown sandy loam B Horizon: 10 " -26 "+ orange sand, stone free Soil Type: Sargent Soil Capability for Agriculture: 4FM Test Pit No. 13 Surface Condition: pasture in valley A Horizon: 0 -10" brown sandy loam with stones B Horizon: 10 " -20" orange sand with stones C Horizon: 20 "+ stony gravel Soil Type: Sargent Soil Capability for Agriculture: 4FM Test Pit No. 14 Surface Condition: pasture on slope A Horizon: 0 -18" brown sandy loam with stones B Horizon: 18 " -30 "+ reddish brown sand Soil Type: Sargent Soil Capability for Agriculture: 4T Test Pit No. 15 - Visual Surface Condition: maple bush, boulders in fence row, stones /rocks at surface, steep slopes 0623 \1-v ,,p,-63. p. Page 158 of 217 EDUCATION PROFESSIONAL QUALIFICATIONS/ ASSOCIATIONS EXPERT TESTIMONY SELECTED EXPERIENCE CONTACT T 613 - 549 -0444 bobCabclarkcs.com www.clarkcs.com 13.f) Request from Amaral Utilia, SunEdison re: Confirmation... ROBERT K. CLARK M.Sc., P.Eng., P.Ag., MCIP, RPP, OLE PRESIDENT Clark Consulting Services University of Guelph, Water Resources Engineering, B.Sc.,(Eng.) University of Guelph, Resource Development and Resource Economics, M.Sc., (Econ.) Canadian Institute of Planners (MCIP) Ontario Professional Planning Institute (RPP) Ontario Institute of Agrologists (P.Ag.) Professional Engineers of Ontario (P.Eng.) Association of Ontario Land Economists Pedologist Qualified by the OMB to give expert testimony in the fields of: • Land Use Planning • Agricultural Land Evaluation • Municipal Finance • Land Economics • Environmental Impact Assessment Agricultural Land Assessments /Analysis (Project Manager and Senior Professional Agrologist/Pedologist on all projects) City of Kingston Agricultural Study Stormont Dundas and Glengarry: Review of Prime Agricultural Area for Official Plan Update Capital Region Resource Recovery Centre, Agricultural Land Assessment (as part of Environmental Assessment) Russell and Boundary Road Sites Vale Agricultural Land Assessment Prince Edward County Dafoe Agricultural Assessment, City of Quinte West Desjardine, Agricultural Assessment, Township of Elizabethtown Kitley Sills Agricultural Assessment, City of Quinte West Lafleche Agricultural Assessment, Stormont, Dundas and Glengarry McQuillan Land Assessment, Haldimand Township Pepper /Hamilton Township Page 159 of 217 13.f) Request from Amaral Utilia, SunEdison re: Confirmation... SELECTED Espie Agricultural Assessment Beckwith Township EXPERIENCE White Tail Golf Course Agricultural Assessment and Professional Evidence OMB Wesleyville Land Assembly, Municipality of Port Hope Baulch Road Land Review, Municipality of Port Hope Agricultural Land Assessments / Analysis Con't Midtown Corridor Hamilton Township Land Evaluation Cavan Millbrook North Monaghan OP Prime Agricultural Land Evaluation Hamilton Township OP Prime Agricultural Land Evaluation Frontenac Islands OP Prime Agricultural Land Evaluation Campbellford Seymour Agricultural Land Evaluation Sidney Township OP Agricultural Land Evaluation South Fredricksburgh OP Agricultural Land Evaluation Agricultural Land Use Analysis, Former Township of Hope Contact T 613 - 549 -0444 bob(a)clarkcs.com www.clarkcs.com Agricultural Impact Assessment Fenelon Falls Baptist Church Cation Ag Impact Assessment Brown Planning Justification including Agricultural Impact Assessment May Agricultural Assessment Peer Review of Agricultural Viability for planning applications, City of Oshawa White Tail Golf Course, City of Kawartha Lakes Snug Harbour, City of Kawartha Lakes Murray Hills Subdivision former Murray Township Agricultural Land Assessments for Solar Installations Agricultural Land Capability Assessment for Potential Solar Farm Installations to meet requirements of OPA FIT Program, (over 260 projects to date) Environmental Assessment Public Works Garage, Class EA, Town of Gananoque, Wilson Island Bridge (Socio- economic Assessment), County of Northumberland, Environmental Impact Assessment, private owners including Michael Lash, Eithery/Buttery Lands, Vanden Hoek site; Three Strand Development Group — Communal Sewage System. Page 160 of 217 Contact T 613 - 549 -0444 bobCabclarkcs.com www.clarkcs.com 13.f) Request from Amaral Utilia, SunEdison re: Confirmation... Environmental Impact Study /Statement Based on experience and training as a water resource engineer and pedologist, Mr. Clark has prepared Environmental Impact Studies /Statements for situations in which the primary issues relate to site EIS Con't grading, drainage and building location. Examples include: Lash Cottage addition (minor variance) Hog Island EIS (consent application) Eberle Farm lot creation ORMCP Official Plans, Official Plan Updates and Amendments Township of Cavan - Millbrook -North Monaghan, Township of Haldimand, Township of Hamilton, Township of Smith, Township of Lochiel, Township of Charlottenburgh, Town of Brighton, Township of Burleigh and Anstruther, Township of Sidney, Township of Frontenac Islands, Township of Hope, Town of Gananoque. Secondary Plans Fraserville Secondary Plan - Township of Cavan- Millbrook -North Monaghan; South Sidney Secondary Plan, Township of Sidney; Alcan District Area Study - City of Kingston; Shasta Secondary Plan - Town of Westminster, Baltimore- Creighton Heights Community Plan, Township of Hamilton, Southwest Industrial Sector Plan, Township of Hamilton, Jackson Creek West Secondary Plan, City of Peterborough. Growth Strategy Studies Township of Hamilton, Township of Manvers, Town of Cobourg/Township of Hamilton, Village of Stirling, Village of Cochrane, Township of Smith. Development Charges Studies Township of Murray, Township of Hamilton, Township of Smith, Township of Manvers, Town of Brighton, Township of Alnwick, Township of Haldimand, Township of Somerville, Township of Woodville, Townships of Anson, Hindon, Minden, Village of Omemee, Township of Galway, Cavendish & Harvey, Township of Fenelon, Township of Verulam, Township of Emily, Township of Eldon, Village of Fenelon Falls, Township of Smith - Ennismore, Township of Cavan - Millbrook -North Monaghan, Village of Bobcaygeon, Township of Brighton, Township of Centre Hastings, Town of Greater Napanee, County of Victoria, Township of Cramahe, Municipality of Campbellford /Seymour, Village of Colborne, Page 161 of 217 Contact T 613 - 549 -0444 bobCabclarkcs.com www.clarkcs.com 13.f) Request from Amaral Utilia, SunEdison re: Confirmation... City of Kawartha Lakes, The Township of Frontenac Islands, The Township of Alnwick/Haldimand, Municipality of Trent Hills, Township of Rideau Lakes, Township of Asphodel Norwood, County of Peterborough. Municipal Financial Impact Assessments Sandy Point Recreation Development, Harvey Township, Reference Plan Development, Cavan Township, Township of Manvers, Township of North Monaghan. Zoning By- laws /By -law Amendments Township of Cavan - Millbrook -North Monaghan; Township of Frontenac Islands; Township of Percy, Township of Alnwick, Town of Campbellford, Town of Brighton, Village of Madoc, Town of Picton Aggregate Resource Planning Review of Aggregate Potential for Official Plans and Zoning By -laws Howe Island Gravel Pit — review of proposal; prepare report to Council with planning documents; provide professional opinion evidence at OMB Hearing; Stonescape II Quarry Appeal — review of proposed quarry, preparation of planning review, attendance at OMB Hearing; Codrington Pit Proposal — review of proposed pit, advice to adjacent land owner, monitor approvals. Official Plans, Official Plan Updates and Amendments Township of Cavan - Millbrook -North Monaghan, Township of Haldimand, Township of Hamilton, Township of Smith, Township of Lochiel, Township of Charlottenburgh, Town of Brighton, Township of Burleigh and Anstruther, Township of Sidney, Township of Frontenac Islands, Township of Hope, Town of Gananoque. Recent Renewable Energy Projects Planning Approvals, Wolfe Island Wind Farm, Township of Frontenac Islands; Gas fired Peaking Plant Location study; Epcor, Skypower; Solar Farm; Algonquin Power. — Wind Farm Watershed Plans South Sidney Watershed, Lower Trent Region Conservation Authority; Storm Water Management Plan, Town of Delhi; Oshawa Creek Watershed Master Plan, City of Oshawa. Waterfront Studies Town of Deseronto, Town of Deep River, City of Kingston. Page 162 of 217 Contact T 613 - 549 -0444 bobCabclarkcs.com www.clarkcs.com 13.f) Request from Amaral Utilia, SunEdison re: Confirmation... Tourism Development Studies Ministry of Industry and Tourism, Tourism Development Strategy Trenton Cornwall and Renfrew - Kingston Zones, County of Northumberland Tourism Planning Study. Socio- Economic Assessments TransCanada Pipelines Transco Project, Brampton to Burlington Gas Pipeline, TransCanada Pipelines, Eldorado Nuclear Hexafluoride Refinery, Hope Township site, Wilson Island Bridge, County of Northumberland, Three Strand - Communal Sewage System EA. Recreational Studies Riverwalk- Minden, Georgian Trail, Township of Collingwood, Recreation Master Plan, Township of Cavan, Beavermead Park Redevelopment Plan, City of Peterborough,; Rail Corridor Study, County of Victoria; Pangman Conservation Area Master Plan, Lake Simcoe Region Tourism Study, ESI - Sir Sandford Fleming College, provided Social- Economic Impact Assessment for the Millennium Trail Master Plan, County of Prince Edward. Advisory Services including Planning Appraisals Township of Cavan - Millbrook -North Monaghan; Township of Frontenac Islands; Township of North Monaghan, Township of Smith, Township of Burleigh and Anstruther, Municipality of Sherbourne McClintock and Livingstone, Township of Stanhope, Township of Lutterworth, Township of Hope, Township of Hamilton, Township of Alnwick, Township of Percy, Township of Seymour, Town of Campbellford, Town of Gananoque, Village of Hastings, Township of Haldimand, Municipality of Trent Hills. Industrial Development Studies City Owned Industrial Land Study, City of Kingston; Lucas Point, Town of Cobourg, Township of Charlottenburgh, Town of Brighton, Great Lakes Deep Water Port Industrial Site Development Plan, Township of Hallowell; Draft Plan of Subdivision; Cataraqui Business Park, City of Kingston. Economic Development Studies Accommodation Evaluation, Township of Asphodel- Norwood; South Dundas Economic Development Study, South Dundas Economic Development Commission, Almonte Economic Development Study, Town of Almonte and Township of Ramsay; Best Use Study, Douro - Dummer Township. Page 163 of 217 13.f) Request from Amaral Utilia, SunEdison re: Confirmation... Housing Policy Statements Town of Cobourg. Solid Waste Management Studies County of Haliburton, Township of Hallowell, County of Northumberland, Seymour Township, National Capital Region, Lanark County, Snow Disposal Study, National Capital Region. Private Development /Projects Assist developers in the design and approval of both residential and industrial /commercial projects. References available upon request. Recent OMB Cases OMB Case No. PL090057 — Lash OMB Case No. PL100622 — Reynolds OMB Case No. PL101329 — White Tail OMB Case No. PL100904 — Stonescape OMB Case No. PL090838 - Sepa OMB Case No. PL09841 - Bremer OMB Case No. PL100475 - McDonald OMB Case No. PL050584 — City of Ottawa OMB Case No. PL031324 — City of Ottawa OMB Case No. PL080239 — City of Ottawa OMB Case No. PL080373 — City of Ottawa OMB Case No. PL070728 - Carter OMB Case No. PL090147 — Semler OMB Case No. PL1000711 — Mound Brighton OMB Case No. PLO 11198 — City of Kingston, Alfred Street OMB Case No. PL030524 Contact T 613 - 549 -0444 bobCabclarkcs.com www.clarkcs.com Page 164 of 217 13.g) Correspondence dated October 1, 2013 from Barbara Brec... Mayor and Council of Township of Oro / Medonte 148 Line 7 South Oro, Ontario LOL2X0 Dear Sirs and /or Madam: October 1, 2013 1151 Warminster Side Rd. R.R. # 3, Coldwater, Ont. LOK 1 EO RECEIVED OCT 0 G 2013 OHCO- MEDONTE TOWNSHIP Although I do not know what year the Municipal Drain or, as it was formerly called, Ward Drain # 7, was last dredged, I have had the advice of several neighbors and my son, Roy Brechin, that the flooding on my land is undoubtedly caused by a build up of not only debris and beaver activity, but also by soil. I reviewed some old records which described the dredging of Municipal Drain # 7 on East 1/2 Lot 5 Concession 11. Following was part of the settlement of a case between John Brechin (Morley' Brechin's dad) and the Township of Medonte. That was along time ago, in 1955. However, I believe this quote from that document is still pertinent today, in 2013. "earth placed on the farmlands shall be kept not less than four feet clear of the edge of the drain and shall be leveled back evenly, for a further distance of at least thirty feet, the leveling to be done with a bulldozer, or other suitable machine, and the earth left in condition for easy cultivation." In addition, the quote continues with, "Care shall be taken to leave unobstructed, all ditches or watercourses entering the drain". Signature: "W.G. McGeorge O.L.S., C.E." am certain you will have records which show the last time the drain was dredged. My husband, Morley Brechin, died in 1995 but I believe he was alive when the last dredging was done. Whatever the case may be, I know your professional engineers will appreciate what needs to be done now. I, in no way wish to insinuate anything negative with regard to Lisa McNiven's walking the drain and hand delivering her report. She is a lovely young lady who did what she was asked to do and acted quite professionally in doing so. Sincerely, -7-, , , � Barbara J. Brechin Farm Owner) Page 165 of 217 15.a) A By -Law to Authorize the Execution of an Agreement Be... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE By -Law No. 2013 -184 A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Morris Shelswell & Sons Excavating & Grading Ltd. for Parks & Facility Snow Removal Tender — Contract No. RC2013 -T -03 for Bayview Memorial Park, Shelswell Park and Edgar Community Hall for 2013/14, 2014/15 and 2015/16 WHEREAS the Municipal Act, 2001, S. 0. 2001, c.25, Section 224, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; AND WHEREAS Council for The Corporation of the Township of Oro - Medonte declared by Motion No. C130925 -17, and as outlined in Report No. RC2013 -20, the successful bidders of Contract No. RC2013 -T -03; AND WHEREAS Council deems it expedient to enter into an agreements for Contract No. RC2013 -T -03; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: THAT the Mayor and Clerk be authorized to execute the Agreement for Contract No. RC2013 -T -03 attached hereto as Schedule "A" and forming part of this By- Law. THAT this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 16TH DAY OF OCTOBER, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 166 of 217 15.a) A By -Law to Authorize the Execution of an Agreement Be... „-A" �v CONTRACT NO. RC2013 -T -03 PARKS AND FACILITY SNOW REMOVAL G.S.T. NO. 10376 977(o RPOOO / I/We the undersigned, have carefully examined the locality of the site of the proposed works, hereby agree to furnish all labour, materials, equipment and services necessary to complete the work for the 2013 -2014, 2014 -2015, and 2015 -2016 Seasons, in accordance with the attached Instructions to Bidders, General Conditions and Specifications for the Prices outlined in Form of Tender and Schedule "A" Signed at the 10WnJ5tf I P of 0 Rd - (J 60n1 « in the County of 6 it'd co E >" 1WWZAA5,- SECCRE t jgy Signature of Contractor or Witnesses and Position Held 5CO-e-1 5HEL5WC�_L -1d 5- y 8-7- aa►5 Name and Telephone No. of Person To be Contacted this (0"" day of . 2013. a MO99, 5 5NELSwF_L.L. * SONS EX( tvft-TiN6 + GRAb%NG Signature of the Corporation Seal of Corporation S(-o -CT S H E L5 W ELL Page 167 of 217 15.a) A By -Law to Authorize the Execution of an Agreement Be... AGREEMENT - TOWNSHIP OF ORO- MEDONTE This Agreement made, in duplicate, this % 41, day of S&P-rem 6F-R, 2013. BETWEEN m ©RRts s ©mss GXCA\ A-(1NG f 6?,Ab1N6 LT6 '�wNsN�P of oRc�- lV�E�ot�zc District or County of 5 IWICoE� and the Province of Ontario; Hereinafter called the "Contractor" of the in the THE PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Hereinafter called the "Municipality" THE PARTY OF THE SECOND PART WITNESSETH that the Party of the First Part, for and in consideration of the payment or payments specified in the tender for this work, hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour and other means of construction, and to the satisfaction of the Public Works Superintendent or his Representative, to do all the work as specified and to complete such works in strict accordance with the plans, specifications and tender thereof, which are identified and acknowledged in the schedule of provisions, plans and specifications and conditions attached to the tender, and all of which are to be read herewith and form part of this present Agreement as fully and completely to all intents and purposes as though all the stipulations hereof have been embodied herein. Page 168 of 217 15.a) A By -Law to Authorize the Execution of an Agreement Be... The Contractor further agrees that he will deliver the whole of the works, completed in accordance with this Agreement in a timely manner, of each year. The Contractor agrees that such monies may be deducted from any monies due the Contractor on any account whatsoever. IN CONSIDERATION WHEREOF said Party of the Second Part agrees to pay to the Contractor for all work performed, the fixed price on the tender. This Agreement shall ensure to the benefit of and be binding upon the heirs, executors, administrators and assigns of the parties hereto. IN WITNESSES WHEREOF the Contractor and the Township of Oro - Medonte have hereunto signed their names and set their seals on the day first above written. MoRMS 'V SOMS �,Xc�tJd�'C�NG � C�R�D�N(� t_-G�• S of Contractor, or Signature of Corporation Seal of Corporation 5 U) r SCI L- LS WELL Signature of the Clerk Signature of the Mayor with Seal 10 Page 169 of 217 15.a) A By -Law to Authorize the Execution of an Agreement Be... Page 170 of 217 ID 2 J 1� Q W � V1 2 � X 0 u O 0 p o M O d H M r-1 O = N � Ul �' M a° � N U OC W V 2 W ` M M M Cif Ol p H i01 � J QC N 3 J D 2 •� a J cJ -z �iI +� J W o Z J m a v � w � �° R N R R a c R afJ W � D L L K L m 9 R 3 0 t O Q' O K Z L t N@ z � L o �. � Z R Q' y C Z C Z 2 Z y R c � Ui UJ O 01 O D d y y N N J J J C @ d fA C m 'O d 2 J 00 M J a o r 00 � �n J J M w n 3 16 W O a M M O � tp 1p M t0 10 O Of M 0^0 � M tN7 co M 0�1 � M a C M <O M M M Y a a c Q a 0 � c J — Z Q c m E c d J Q L U Y- R W a N N N 2 LL y LL LL > E a E O '6 '6 LL m y � r «' C c J_ N T A U Q o 0 a 0 o w R 3 0 � %L� ma arm wa d aia� ° u. E x° 0 w a � F 'c Q J N M -1 N t0 N co O E Page 170 of 217 Page 170 of 217 15.a) A By -Law to Authorize the Execution of an Agreement Be... Page 171 of 217 p Gi p a ® � p 00 ° o a r: � 4 8Q P 1n f3 0 kn 0 Okm o ° A. 0 o P ii in � 0 kn V en. n M Y V_ C3. Q X k Se av y r c a at m e °r J J rC2 Q 3 c m 0 0 3 1 Q N 4I 3 In 4- .... M .... M .Y@.. a7 J J 1 iy w 2 � �r 21 Ir o ak U w m Y U N N t W 2 M 't N J fn F Page 171 of 217 15.a) A By -Law to Authorize the Execution of an Agreement Be... 0; 'Townslai o �i fflot -t Frond Heritage, Exciting Future September 30th, 2013 Morris Shelswell & Sons Excavating & Grading Ltd 544 Line 11 N, RR # 1 Hawkestone, Ontario LOL 1TO Attention: Mr. Scott Shelswell RE: Parks & Facility Snow Removal Tender - Contract No. RC2013 -T -03 Dear Mr. Shelswell: We are pleased to inform you that your bid for Tender Contract No. RC2013 -T -03 has been accepted as follows: Bayview Memorial Park 2013114 2014/15 2015/16 $1,400.00 $1,500.00 $1,600.00 Shelswell Park 2013/14 2014/15 2015/16 $1,000.00 $1,100.00 $1,200.00 Edgar Community Hall. 2013/14 2014/15 2015/16 $1,000.00 $ 1,050.00 $1,100.00 Please be reminded as per the tender (section 16.0), there is a requirement for the submission of monthly invoices accompanied by activity logs outlining the date, times, conditions and works undertaken, referencing accounting codes provided by the Township. Payment shall be made within 30 days from the time of the receipt of the invoice and activity log. 148 Line 7 South, Box 100 Pe (705) 487 -2171 Nvwworo- medonte.c Oro, Ontario LOL 2X0 F: (705) 487 -0133 Page 172 of 217 15.a) A By -Law to Authorize the Execution of an Agreement Be... A copy of the signed agreement will follow by mail, and a meeting will be required in the near future to review the works for this tender and answer any questions that either party may have. Thank you for your interest in this tender. Sincerely, Shawn Binns Director, Recreation and Community Services encl Page 173 of 217 15.b) A By -Law to Authorize the Execution of an Agreement Be... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE By -Law No. 2013 -185 A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Crocker Contracting for Parks & Facility Snow Removal Tender — Contract No. RC2013 -T -03 for Moonstone Fire Hall, Shanty Bay Fire Hall and Hawkestone Community Hall for 2013/14, 2014/15 and 2015/16 WHEREAS the Municipal Act, 2001, S. 0. 2001, c.25, Section 224, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; AND WHEREAS Council for The Corporation of the Township of Oro - Medonte declared by Motion No. C130925 -17, and as outlined in Report No. RC2013 -20, the successful bidders of Contract No. RC2013 -T -03; AND WHEREAS Council deems it expedient to enter into an agreements for Contract No. RC2013 -T -03; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: THAT the Mayor and Clerk be authorized to execute the Agreement for Contract No. RC2013 -T -03 attached hereto as Schedule "A" and forming part of this By- Law. THAT this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 16TH DAY OF OCTOBER, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 174 of 217 15.b) A By -Law to Authorize the Execution of an Agreement Be... CONTRACT NO. RC2013 -T -03 PARKS AND FACILITY SNOW REMOVAL G.S.T. NO. '3) (OSs C69 a i�_�IbUO j I/We the undersigned, have carefully examined the locality of the site of the proposed works, hereby agree to furnish all labour, materials, equipment and services necessary to complete the work for the 2013-2014, 2014 -2015, and 2015-2016 Seasons, in accordance with the attached Instructions to Bidders, General Conditions and Specifications for the Prices outlined in Form of Tender and Schedule "A" Signed at the of rn Re_AWX1 C. in the D County of �� rn�oe— this 3� day of Jle�-4ern r , 2013. S nature of Contractor or itnesses and Position Held ack� �c Name and Telephone No. of Person To be Contacted Signature of the Corporation Seal of Corporation Page 175 of 217 15.b) A By -Law to Authorize the Execution of an Agreement Be... AGREEMENT- TOWNSHIP OF ORO- MEDONTE This Agreement made, in duplicate, this of 2013. BETWEEN (21 CD 0<1 CO1nT' Yt CA of the i�t U — e in the District or County of C, nn c-O e and the Province of Ontario; Hereinafter called the "Contractor" THE PARTY OF THE FIRST PART -and - THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Hereinafter called the "Municipality" THE PARTY OF THE SECOND PART WITNESSETH that the Party of the First Part, for and in consideration of the payment or payments specified in the tender for this work, hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour and other means of construction, and to the satisfaction of the Public Works Superintendent or his Representative, to do all the work as specified and to complete such works in strict accordance with the plans, specifications and tender thereof, which are identified and acknowledged in the schedule of provisions, plans and specifications and conditions attached to the tender, and all of which are to be read herewith and form part of this present Agreement as fully and completely to all intents and purposes as though all the stipulations hereof have been embodied herein. 9 Page 176 of 217 15.b) A By -Law to Authorize the Execution of an Agreement Be... The Contractor further agrees that he will deliver the whole of the works, completed in accordance with this Agreement in a timely manner, of each year. The Contractor agrees that such monies may be deducted from any monies due the Contractor on any account whatsoever. IN CONSIDERATION WHEREOF said Party of the Second Part agrees to pay to the Contractor for all work performed, the fixed price on the tender. This Agreement shall ensure to the benefit of and be binding upon the heirs, executors, administrators and assigns of the parties hereto. IN WITNESSES WHEREOF the Contractor and the Township of Oro- Medonte have hereunto signed their names and set their seals on the day first above written. Signature of Contractor, or Signature of the Clerk Signature of the Mayor with Seal 10 Signature of Corporation Seal of Corporation Page 177 of 217 15.b) A By -Law to Authorize the Execution of an Agreement Be... 4 Luxe 7 North 9 1 Sayview Memorial Park Ea& Parking Lot and Ent ran— ony 687 Lakeshore Road Eam _ 'LTA a t,-b 2 Shelswell Park Parkwy Lut and 118 Lakeshore Read West r"s #t'—y FU tZrnk Bette -eert the #dMs �& 1,th Line (�. � � 4.✓ �V CJ 3 Sweetwater Park 3353 Line 6 Nodh 3 Packing Lot, Pathway to Rink and Cherry Tn3il} 1167 Old Same Rd W [ Just west of the 4th Line N} _..... _ S�Vd 4 Hawkesterm, Community Halt 3 Ail— Street (.Me lldr Um S) '�00 9t0 91DO 4 Lohuam Trail Perking lot and 3329 Ur-4 North aa5–c � ,9�� _. pathway to tan Beard &COC) b ^t^� �( �J(� 6 4 Park Parking Lot and 3387 Carte 4 North ihw ytoRnk MOO 3`300 �w e Page 178 of 217 Carley Coamur,lty Hall 396 Wannrrrater Side Road (betxvean lure 8 Hand Line 9 N) 9!5-6 C) 0.5-0 o a t,-b 2 Eady Community Hall 73 Eady Station ltaad Bette -eert the #dMs �& 1,th Line ' sCi Soo c, 06 o H) 3 Edgar Community Hall 1167 Old Same Rd W [ Just west of the 4th Line N} _..... _ ,n 4 Hawkesterm, Community Halt 3 Ail— Street (.Me lldr Um S) '�00 9t0 91DO 5 -matt Commu nifty Hatt (at Horseshoe Valley Rd (at the lath Lure N aa5–c � ,9�� �w e Page 178 of 217 15.b) A By -Law to Authorize the Execution of an Agreement Be... �.s Township of Proud Heritage, Exciting Future September 30th, 2013 Crocker Contracting 1319 Line 4 North Shanty Bay, Ontario LOL 21_0 Attention: Mrs. Jackie Crocker RE: Parks & Facility Snow Removal Tender - Contract No. RC2013 -T -03 Dear Mrs. Crocker: We are pleased to inform you that your bid for Tender Contract No. RC2013 -T -03 has been accepted as follows: Moonstone Fire Hall 2013/14 2014/15 2015/16 $2,500.00 $2,500.00 $2,500.00 Shanty Bay Fire Hall 2013/14 2014/15 2015/16 $1,450.00 $1,450.00 $1,450.00 Hawkestone Community Hall. 2013/14 2014/15 2015/16 $ 900.000 $ 900.00 $ 900.00 Please be reminded as per the tender (section 16.0), there is a requirement for the submission of monthly invoices accompanied by activity logs outlining the date, times, conditions and works undertaken, referencing accounting codes provided by the Township. Payment shall be made within 30 days from the time of the receipt of the invoice and activity log. 148 Line 7 South, Box 100 P: (705) 487 -2171 wwworo- medontexa Oro, Ontario LOL 2X0 P: (705) 487 -0133 Page 179 of 217 15.b) A By -Law to Authorize the Execution of an Agreement Be... A copy of the signed agreement will follow by mail, and a meeting will be required in the near future to review the works for this tender and answer any questions that either party may have. Thank you for your interest in this tender. Sincerely, Shawn Binns Director, Recreation and Community Services encl Page 180 of 217 15.c) A By -Law to Authorize the Execution of an Agreement Be... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE By -Law No. 2013 -186 A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and MS Landscaping for Parks & Facility Snow Removal Tender — Contract No. RC2013 -T -03 for Oro - Medonte Community Hall, Rugby Fire Hall and Warminster Fire Hall for 2013/14, 2014/15 and 2015/16 WHEREAS the Municipal Act, 2001, S. 0. 2001, c.25, Section 224, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; AND WHEREAS Council for The Corporation of the Township of Oro - Medonte declared by Motion No. C130925 -17, and as outlined in Report No. RC2013 -20, the successful bidders of Contract No. RC2013 -T -03; AND WHEREAS Council deems it expedient to enter into an agreements for Contract No. RC2013 -T -03; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: THAT the Mayor and Clerk be authorized to execute the Agreement for Contract No. RC2013 -T -03 attached hereto as Schedule "A" and forming part of this By- Law. THAT this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 16TH DAY OF OCTOBER, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 181 of 217 15.c) A By -Law to Authorize the Execution of an Agreement Be... 14Ut 3 —11 In CONTRACT NO. RC2013 -T -03 PARKS AND FACILITY SNOW REMOVAL G. S. T. NO. - Mq)g4a1- 5-Acmo/ Me the undersigned, have carefully examined the locality of the site of the proposed works, hereby agree to fumish all labour, materials, equipment and services necessary to complete the work for the 2013 -2014, 2014 -2015, and 2015 -2016 Seasons, in accordance with the attached Instructions to Bidders, General Conditions and Specifications for the Prices outlined in Form of Tender and Schedule "A" Signed at the 42FF IL of VSZ__ in the County of vS /�C dE this _� day of 2013. IIJL4� - Sig tore of Contractor or Witnesses and Position Held `7 ®s - 32s - 72 ©-7 Name and Telephone No. of Person To be Contacted M Signature of the Corporation Seal of Corporation Page 182 of 217 15.c) A By -Law to Authorize the Execution of an Agreement Be... AGREEMENT - TOWNSHIP OF ORO- MEDONTE This Agreement made, in duplicate, this day of Ia 2013. BETWEEN I 93 • y of the in the District or County of, the Province of Ontario; Hereinafter called the "Contractor" THE PARTY OF THE FIRST PART - and - THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Hereinafter called the "Municipality" THE PARTY OF THE SECOND PART WITNESSETH that the Party of the First Part, for and in consideration of the payment or payments specified in the tender for this work, hereby agrees to furnish all necessary machinery, tools, equipment: supplies, labour and other means of construction, and to the satisfaction of the Public Works Superintendent or his Representative, to do all the work as specified and to complete such works in strict accordance with the plans, specifications and tender thereof, which are identified and acknowledged in the schedule of provisions, plans and specifications and conditions attached to the tender, and all of which are to be read herewith and form part of this present Agreement as fully and completely to all intents and purposes as though all the stipulations hereof have been embodied herein. Page 183 of 217 15.c) A By -Law to Authorize the Execution of an Agreement Be... The Contractor further agrees that he will deliver the whole of the works, completed in accordance with this Agreement in a timely manner, of each year. The Contractor agrees that such monies may be deducted from any monies due the Contractor on any account whatsoever. IN CONSIDERATION WHEREOF said Party of the Second Part agrees to pay to the Contractor for all work performed, the fixed price on the tender. This Agreement shall ensure to the benefit of and be binding upon the heirs, executors, administrators and assigns of the parties hereto. IN WITNESSES WHEREOF the Contractor and the Township of Oro - Medonte have hereunto signed their names and set their seals on the day first above written. rgnature of Contractor, or Signature of the Clerk Signature of the Mayor with Seal 10 hto�,_2� Signature of Corporation Seal of Corporation Page 184 of 217 15.c) A By -Law to Authorize the Execution of an Agreement Be... MICHAEL SCOTT'S LANDSCAPING 4407 Falw.hds Road R.R. #2 ORILUA, ONTARIO L , ' ' (705) 325 -7907 FACILITIES AND PARKS SNOW REMOVAL/SHOVEL /SAND /SALT TENDER RC2013 -T_03 SCHEDULEA FACILITY /PARK ADDRESS Proposed Equipment Contract Priee 20134oµ Contract Pita 20142015 Coot -pri- 201¢2016 FACILITIES 1 Oro-Medonte Admin. Centre 148 Line 7 South 314 ton with blade 6,510 6,640 6,770 2 O.P.P Horseshoe Valley 3331 Line 4 North 314 ton with blade 2,280 2,330 2,370 3 Oro- Medolde Community Centre 71 Line North 314 ton with blade 4,980 5,080 5,180 4 Rugby Fire Hall 1904 Old Barrie Road E. 314 ton with blade 1300 1330 1350 5 Shanty Bay Fire Hall 1950 Ridge Road W. 314 for with blade 1,630 1,660 1,700 6 Hewkestone Fire Hall 37511th Line South 314 ton with blade 1,950 1,990 2,030 7 Moonstone Fire Hall 5668 Line 7 North 314 ton with blade 3,260 3,330 3,390 8 Warminster Fire Hall 1911 Warminster Sideroad 314 ton with blade 1,950 1,990 2,030 9 Horseshoe Valley Fire Hall 3375 Line 4 314 ton with blade 2,280 1 2,330 2,370 PARKS 1 Bayview Memorial Park East Parking Lot and Entrance only 687 Lakeshore Read EOst 314 ton with blade 1,630 1,660 1,700 2 Shelsw"Park Parking Lot and Pathway to Rmk 118 Lakeshore oa Rd West 314 ton with blade 1,130 1,460 1,490 3 Sweetwater Park Parking Lot, Pathway to Rink and Chevy Tmil 3353 Line 6 North 314 ton with blade 3,910 3,990 4,070 4 Lohuaru Trail Panting bt and pathway to tan Beard 3329 Line 4 North 314 ton with blade 1,470 1,500 1,530 6 Line 4 Park Parking Lot and Pathway to Rink 3387 Line 4 North 314 ton with blade 2,930 2,990 3,060 Community Ha Is 1 Carley Community Hall 396 Warminster Side Road (between line 8 N and Line 9 N) 314 ton with blade 1070 1090 1110 2 Eady Community Hall 73 Eady Station Road I between the 10th & 11th Line N) 314 ton with blade 2,160 2,190 2,240 3 Edgar Community Hall 1167 Old Barrio Rd W ( Just west of the 41th Line N) 314 ton with blade 1,690 1,930 1,970 4 Hawkestone Community Hall 3 Allen Street (at the 11th Line S) 314 ton with blade 1,630 1,660 1,700 5 Jarrett Community Hall 837 Horseshoe Valley Rd (at the 10th Lim N) 314 ton with blade 1070 1090 1110 SUBTOTAL 45320 46240 47160 HST 5891.6 6011.2 6130.8 TOTAL '. 51211.6. 522512 53290.8 ". Page 185 of 217 15.c) A By -Law to Authorize the Execution of an Agreement Be... Township Avis d Heritage, Exciting Future September 301h, 2013 Michael Scott's Landscaping & Design 4407 Fairgrounds Rd, RR # 2 Orillia, Ontario L3V 6H2 Attention: Mr. Michael Scott RE: Parks & Facility Snow Removal Tender - Contract Flo RC2013 -T -03 Dear Mr. Scott: We are pleased to inform you that your bid for Tender Contract No. RC2013 -T -03 has been accepted as follows: Ciro- Mledonte Community Hall 2013/14 2014/15 2015/16 $4,980.00 $5,080.00 $5,180.00 Rugby Fire Hall 2013/14 2014/15 2015/16 $1,300.00 $1,330.00 $1,350.00 Warminster Fire Hall 2013/14 2014/15 2015/16 $1,950.00 $1,990.00 $2,030.00 Please be reminded as per the tender (section 16.0), there is a requirement for the submission of monthly invoices accompanied by activity logs outlining the date, times, conditions and works undertaken, referencing accounting codes provided by the Township. Payment shall be made within 30 days from the time of the receipt of the invoice and activity log. 148 Line 7 South, Box 100 Po (705) 487 -2171 w Ww oro- medontexa Oro, Ontario LOL 2X0 F: (705) 487 -0133 Page 186 of 217 15.c) A By -Law to Authorize the Execution of an Agreement Be... A copy of the signed agreement will follow by mail, and a meeting will be required in the near future to review the works for this tender and answer any questions that either party may have. Thank you for your interest in this tender. Sincerely, Shawn Binns Director, Recreation and Community Services encl Page 187 of 217 15.d) A By -Law to Authorize the Execution of an Agreement Be... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE By -Law No. 2013 -187 A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Woodrow Family Farms Inc. for Parks & Facility Snow Removal Tender — Contract No. RC2013 -T -03 for OPP -Nurse Practitioner, Horseshoe Valley Fire Hall, Line 4 Park, Lohuaru Trail, Sweetwater Park, Carley Hall, Eady Hall and Jarratt Hall for 2013/14, 2014/15 and 2015/16 WHEREAS the Municipal Act, 2001, S. 0. 2001, c.25, Section 224, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; AND WHEREAS Council for The Corporation of the Township of Oro - Medonte declared by Motion No. C130925 -17, and as outlined in Report No. RC2013 -20, the successful bidders of Contract No. RC2013 -T -03; AND WHEREAS Council deems it expedient to enter into an agreements for Contract No. RC2013 -T -03; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: THAT the Mayor and Clerk be authorized to execute the Agreement for Contract No. RC2013 -T -03 attached hereto as Schedule "A" and forming part of this By- Law. THAT this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 16TH DAY OF OCTOBER, 2013. I�.I��i�] 717 :73�[�LH7��71�iH�J1�697111�7��7 Z���51�I�I�L��� Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 188 of 217 15.d) A By -Law to Authorize the Execution of an Agreement Be... V2- 1- \1- CONTRACT NO. RC2013 -T -03 PARKS AND FACILITY SNOW REMOVAL G.S.T. NO. e y% r Me the undersigned, have carefully examined the locality of the site of the proposed works, hereby agree to furnish all labour, materials, equipment and services necessary to complete the work for the 2013 -2014, 2014 -2015, and 2015 -2016 Seasons, in accordance with the attached Instructions to Bidders, General Conditions and Specifications for the Prices out lined in Form of Tender and Schedule "A" Signed at the _ of ° ��1i in the County of this 19 day of � � , 2013. Signature of Contractor or Witnesses and Position Held Vo n cx d cl- T Wood r o u,% T _ &3's-115-733 Nifime and Telephone No. of Person To be Contacted Signature of the Corporation Seal of Corporation Page 189 of 217 15.d) A By -Law to Authorize the Execution of an Agreement Be... AGREEMENT- TOWNSHIP OF ORO- MEDONTE This Agreement made, in duplicate, this () 6 day of !� 1` P"( 2013. VV oc)drocL) �� rY1 f l \f r--C? rm ; I-nic_ of the '&D115 � i .Q 0 2 LEC2 W ada #7 4 P in the District or County of _�, ) M e 0 L and the Province of Ontario; Hereinafter called the "Contractor" THE PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Hereinafter called the "Municipality" THE PARTY OF THE SECOND PART WITNESSETH that the Party of, the First Part, for and in consideration of the payment or payments specified in the tender for this work, hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour and other means of construction, and to the satisfaction of the Public Works Superintendent or his Representative, to do all the work as specified and to complete such works in strict accordance with the plans, specifications and tender thereof, which are identified and acknowledged in the schedule of provisions, plans and specifications and conditions attached to the tender, and all of which are to be read herewith and form part of this present Agreement as fully and completely to all intents and purposes as though all the stipulations hereof have been embodied herein. 0 Page 190 of 217 15.d) A By -Law to Authorize the Execution of an Agreement Be... The Contractor further agrees that he will deliver the whole of the works, completed in accordance with this Agreement in a timely manner, of each year. The Contractor agrees that such monies may be deducted from any monies due the Contractor on any account whatsoever. IN CONSIDERATION WHEREOF said Party of the Second Part agrees to pay to the Contractor for all work performed, the fixed price on the tender. This Agreement shall ensure to the benefit of and be binding upon the heirs, executors, administrators and assigns of the parties hereto. IN WITNESSES WHEREOF the Contractor and the Township of Oro - Medonte have hereunto signed their names and set their seals on the day first above written. 41--ignature of Contractor, or Signature of the Clerk Signature of the Mayor with Seal 10 Signature of Corporation Seal of Corporation Page 191 of 217 15.d) A By -Law to Authorize the Execution of an Agreement Be... FACILITIES AND PARKS SNOW REMOVAL /SHQVELIsAND /SALT TENDER RC2013 -T -03 _ SCHEDULE A FACILITY /PARK ADDRESS Proposed Equipment roP Contract Price 2013 -2014 Contract Price 2014 -2015 Contract Price 2015 -2016 FACILITIES 1 Oro-Medonte Admin. Centre 148 Line 7 South 2 O.P.P Horseshoe Valley 3331 Line 4 North 3 Oro- Medome Community Centre 71 Line 4 North ' 0go C0 a Vt: W cY1t1(�° W v� 4 Rugby Fire Hall 1904 Old Barrie Road E. 5 Shanty Bay Fire Hall 1950 Ridge Road W. 6 Hawkestone Fire Hall 375 11th Line South 7 Moonstone Fire Hall 5666 Line 7 North 8 Warminster Fire Hall 1911 Warminster Sideraad 9 Horseshoe Valley Fire Hall 3375 Line 4 ,per PARKS 1 Bayview Memorial Park Ea& Parking Lot and Entrance only 687 Lakeshore Road East 2 Shelswell Park Parking Lot and Pathway to Rink 118 Lakeshore Road West 3 Sweetwater Park Parking Lot, Pathway to Rink and Cherry Trail 3353 Line 6 North 100 4 V`'�' W -cZ W 4 Lohuaru Trail Parking tot and pathway to )an Beard 3329 Line 4 North / / 6 Lane 4 Park Parking Lot and Pathway to Rink 3387 Line 4 North V .'e t3Sl I Lv 'o lam m Carley Community Hall 396 Warminster Side Road (between line 8 N antl Line 9 N) / L 5 4(between 7ounl Eady Community Hall 73 Eady Station Road the 10th & 11th Line N) (-l/ l•{ yt�j Edgar Community Hall 1167 Old Barrie Rd W ( Just west of the 4th Line N) 4 Hawkestane Community Hell 3 Alien Street ( at the 11th Line S) 5 Janatt Community Hail 837 Horseshoe Valley Rd (at the 10th Line N) SUBTOTAL HST TOTAL Signature: �cry- 9 Page 192 of 217 b 4a 15.d) A By -Law to Authorize the Execution of an Agreement Be... September 30th, 2013 Don Woodrow 3690 Line 6, RR # 4 Coldwater, Ontario LOK 1E0 Attention: Mr. Don Woodrow RE: Parks & Facility Snow Removal Tender - Contract No RC2013 -T -03 Dear Mr. Woodrow: We are pleased to inform you that your bid for Tender Contract No. RC2013 -T -03 has been accepted as follows: OPP /Nurse Practitioner 2013/14 2014/15 2015/16 $1,300.00 $1,300.00 $1,300.00 Horseshoe Valley Fire Hall 2013/14 2014/15 2015/16 $2,975.00 $2,975.00 $2,975.00 Line 4 Park 2013/14 2014/15 2015/16 $1,100.00 $1,100.00 $1,100.00 Lohuaru Trail 2013/14 2014/15 2015/16 $ 900.00 $ 900.00 $ 900.00 Sweetwater Park 2013/14 2014/15 2015/16 $1,100.00 $1,100.00 $1,100.00 148 Luie 7 South,Box 100 P. (705) 457 -2171 WWtiv, ®r0-med ®ate <Ca Oro, Ontario LOL 2X0 Fa (705) 487 -0133 Page 193 of 217 15.d) A By -Law to Authorize the Execution of an Agreement Be... Carley Hall 2013/14 2014/15 2015116 $ 675.00 $ 675.00 $ 675.00 Eady Hall 2013/14 2014/15 2015/16 $ 990.00 $ 990.00 $ 990.00 Jarratt Hail 2013/14 2014/15 2015/16 $ 990.00 $ 990.00 $ 990.00 Please be reminded as perthe tender(section 16.0), there is a requirement for the submission of monthly invoices accompanied by activity logs outlining the date, times, conditions and works undertaken, referencing accounting codes provided by the Township. Payment shall be made within 30 days from the time of the receipt of the invoice and activity log. A copy of the signed agreement will follow, and a meeting will be required in the near future to review the works for this tender and answer any questions that either party may have. Thank you for your interest in this tender. Sincerely, _. Shawn Binns Director, Recreation and Community Services encl Page 194 of 217 15.e) A By -Law to Authorize the Execution of an Agreement Be... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE By -Law No. 2013 -188 A By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and PT Landscaping for Parks & Facility Snow Removal Tender — Contract No. RC2013 -T -03 for Township Administration Building and Hawkestone Fire Hall for 2013/14, 2014/15 and 2015/16 WHEREAS the Municipal Act, 2001, S. 0. 2001, c.25, Section 224, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; AND WHEREAS Council for The Corporation of the Township of Oro - Medonte declared by Motion No. C130925 -17, and as outlined in Report No. RC2013 -20, the successful bidders of Contract No. RC2013 -T -03; AND WHEREAS Council deems it expedient to enter into an agreements for Contract No. RC2013 -T -03; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: THAT the Mayor and Clerk be authorized to execute the Agreement for Contract No. RC2013 -T -03 attached hereto as Schedule "A" and forming part of this By- Law. THAT this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 16TH DAY OF OCTOBER, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 195 of 217 15.e) A By -Law to Authorize the Execution of an Agreement Be... CONTRACT NO. RC2013 -T -03 PARKS AND FACILITY SNOW REMOVAL G.S.T. NO. 835480401 RP0001 Me the undersigned, have carefully examined the locality of the site of the proposed works, hereby agree to furnish all labour, materials, equipment and services necessary to complete the work for the 2013 -2014, 2014 -2015, and 2015 -2016 Seasons, in accordance with the attached Instructions to Bidders, General Conditions and Specifications for the Prices outlined in Form of Tender and Schedule "A" Signed at the City of OriUia in the County of Simcoe this 5th day of September 2013. Si ure of Contractor or Witnesses and Position Held John Rubino - Owner Office: 705- 325 -8321 Cellular Phone: 705 - 796 -8324 Name and Telephone No. of Person To be Contacted 0 Signature of the Corporation Seal of Corporation Page 196 of 217 15.e) A By -Law to Authorize the Execution of an Agreement Be... AGREEMENT- TOWNSHIP OF ORO- MEDONTE This Agreement made, in duplicate, this 5th day of September 2013, BETWEEN THE CORPORATION of PT LANDSCAPING in the District or County of Simcoe and the Province of Ontario; Hereinafter called the "Contractor" THE PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Hereinafter called the "Municipality" THE PARTY OF THE SECOND PART WITNESSETH that the Party of the First Part, for and in consideration of the payment or payments specified in the tender for this work, hereby agrees to furnish an necessary machinery, tools, equipment, supplies, labour and other means of construction, and to the satisfaction of the Public Works Superintendent or his Representative, to do all the work as specified and to complete such works in strict accordance with the plans, specifications and tender thereof, which are identified and acknowledged in the schedule of provisions, plans and specifications and conditions attached to the tender, and all of which are to be read herewith and form part of this present Agreement as fully and completely to all intents and purposes as though all the stipulations hereof have been embodied herein. 9 Page 197 of 217 15.e) A By -Law to Authorize the Execution of an Agreement Be... The Contractor further agrees that he will deliver the whole of the works, completed in accordance with this Agreement in a timely manner, of each year. The Contractor agrees that such monies may be deducted from any monies due the Contractor on any account whatsoever. IN CONSIDERATION WHEREOF said Party of the Second Part agrees to pay to the Contractor for all work performed, the fixed price on the tender. This Agreement shall ensure to the benefit of and be binding upon the heirs, executors, administrators and assigns of the parties hereto. IN WITNESSES WHEREOF the Contractor and the Township of Oro- Medonte have hereunto signed their names and set their seals on the day first above written. Sigogfure of Contractor, or Signature of the Clerk Signature of the Mayor with Seal 10 Signature of Corporation Seal of Corporation Page 198 of 217 15.e) A By -Law to Authorize the Execution of an Agreement Be... FACILITIES AND PARKS SNOW REMOVAL /SHOVEL /SAND /SALT TENDER RC2013 -T -03 SCHEDULE A' FACSLITYfFyARK ADDRESS Proposed E,tuipm�nt Comlrack rice CttntractPrlce CantYactPnce '_ ' 2013 -2014 2014.20155 2015-201 fi FACILITIES' 1 Oro -Medo to Admin. Centre 148 Line 7 South 1 4x4 Truck with plow and Slower 55,325.00 $5.325,00 $5,500.00 2 0! PIP Horseshoe Valley 3331 Llne 4 North 1 4x4 Truck with plow $1,125.00 $1075.00 $1,278.00 3 Oro - edonte Community Centre 71 Line 4 North 1 4x4 Truck with plow $6,750.00 $6,750.00 $7,500.00 4 Rugby Fire Hall 1904 Old Barrie Road E. — 1 4x4 Truck with plow $1,750.00 $1,750.01) $1,875.00 5 Shanty Bay Fire Hall 1950 Ridge Road W. 1 4x4 Truck with plow $2.150.00 - $2,150.00 $2,300.00 6 Hawkestorte Fire Hall 375 lath Line South - 1 4x4 Truck with plow $1,650.00 $1,650.00 $1,750.00 7 Moonstone Fire Hall 5668 Line 7 North - - -.. 1 4x4 Truck with plow $4,500.00 $4,500.00 $5,000,00 8 Warminster Fire Hall 1911 Warminster Sideroad 1 4x4 Truck with plow $2,400.00 $2,400.00 $2,500.00 9 Horseshoe Valley Fire Halt 3375 Line 4 1 4x4 Truck with plow $2,975:00 $2,975.00 $3;150.00 •PARKS - 1 Bayview Memorial Park East 687 Lakeshore Road East Parking Lot and Entrance only 1 4x4 Truck width plow $11500:00 $1,500.00 $1,650.00 2 Sheiswell Park Parking Lot and 118 Lakeshore Road West - Pathway to Rink - - 1 4x4 Truck with plow $1,250.40 $1,2:50.00 $1,450.00 3 Sweetwater Park 3353 Line 6 North Parking Lot. Pathway to Rink and Cherry Trail 1 4x4 Truck with plow $1,300.00 51,500.00 $1,650.00 4 Lohuaru Trail Parking )ot and 3329 Line 4 North pathway to tan Beard 1 4x4 Truck with plow $1,25100 $1,250.00 $1,450.00 6 Line 4 Park Parking Lot and 3387 Line 4 North Pathway to Funk 1 4x4 Truck with plow $1,250.00 $1,250.00 $1,450.00 Community; Halls 1 Carley Community Hall 396 Warminster Side Road (between line 8 N and Line 9 N) 1 4x4 Truck with plow No Quote No Quote No Quote 2 Eady Community Hall 73 Eady Station Road - ( between the 10th & 11th 1 4x4 Truck with plow No Quote No Quote No Quote Line N) 3 Edgar Community Hall 1167 Old Barrie Rd W ( Just west of the 4th Line N) 1 4x4 Truck with plow No Quote No Quote No Quote 4 Hawkest -ne Community Hall 3 Allen Street ( at the 11th Line S) 1 4x4 Truck with plow No Quote No Quote No Quote 5 Jarrett Community Hall 837 Horseshoe Valley Rd (at the 70th Line N) 1 4x4 Truck with plow No Quote No Quote No Quote SUBTOTAL - - $35,375.00 $35,425.00 $38,500,00 HST $4,558.75 54,605.26 $5,005.00 TOTAL $39,973.75 $40,030.25 $439509.00 Signature: Page 199 of 217 15.e) A By -Law to Authorize the Execution of an Agreement Be... September 30th, 2013 PT Landscaping Inc. 300 Matchedash St S. Unit # 3 Orillia, Ontario L3V 4X3 Attention: Mr. John Rubino RE: Parks & Facility Snow Removal Tender - Contract No. RC2013 -T -03 Dear Mr. Rubino: We are pleased to inform you that your bid for Tender Contract No. RC2013 -T -03 has been accepted as follows: Township Administration Building 2013/14 2014/15 2015/16 $5,325.00 $5,325.00 $5,500.00 Hawkestone Fire Hall. 2013/14 2014/15 2015/16 $1,650.00 $1,650.00 $1,750.00 Please be reminded as per the tender(section16.0), there is a requirement for the submission of monthly invoices accompanied by activity logs outlining the date, times, conditions and works undertaken, referencing accounting codes provided by the Township. Payment shall be made within 30 days from the time of the receipt of the invoice and activity log. A copy of the signed agreement will follow in the mail, and a meeting will be required in the near future to review the works for this tender and answer any questions that either party may have. Thank you for your interest in this tender. Sincerely, Shawn Binns Director, Recreation and Community Services encl 148 Line 7 South, Box 100 P: (705) 487 -2171 ww or®_med.ontexa Oro, Ontario LOL 2X0 F: (705) 487 -0133 Page 200 of 217 15.f) A By -law to Authorize the Execution of a Site Plan Con... 19: 1:90161 1aQXA 11 01Z1101 a9:I *1101TAZ&y:11107:901:10M A 1:1 ITO] Z k 9:4 BY -LAW NO. 2013 -190 A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and Democrat Maplewood Limited described as lands as follows: Lot 113, Plan 51M -957, as in 58533 -0337 LT ROLL # 4346- 010 - 003 -26613 TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By -Law No. 2009 -062, a By -Law to Designate Areas of the Township as Site Plan Control Areas, was passed by Council for the Township of Oro - Medonte, pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By -Law are subject to Site Plan Control, pursuant to By -Law No. 2009 -062; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. THAT the Township enter into the Site Plan Control Agreement attached hereto as Appendix "A ", on lands described on the attached Schedule "A "; 2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control Agreement on behalf of the Corporation of the Township of Oro - Medonte; 3. THAT the attached Appendix "A" and Schedules "A, B, C and D" shall form part of this By -Law; 4. THAT this By -Law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 16TH DAY OF OCTOBER, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE MAYOR, H.S. HUGHES CLERK, J. DOUGLAS IRWIN Page 201 of 217 15.f) A By -law to Authorize the Execution of a Site Plan Con... APPENDIX "A" SITE PLAN AGREEMENT - between - DEMOCRAT MAPLEWOOD LIMITED - and - THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE DESCRIPTION OF LANDS Lot 113, Plan 51M -957, as in 58533 -0337 LT TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE ROLL # 4346 - 010 - 003 -26613 By -Law No. 2013 -190 October 16', 2013 Page 202 of 217 15.f) A By -law to Authorize the Execution of a Site Plan Con... THE TOWNSHIP OF ORO- MEDONTE SITE PLAN AGREEMENT TABLE OF CONTENTS Section 1 Covenants by the Owner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co- operation Section 8 Binding Effect Section 9 Severability of Clauses Section 10 Save Harmless I+Ya71 *11f111*1 Schedule "A" Legal Description of Lands Schedule "B" Site Plan Schedule "C" Deeds and Easements to be Conveyed Schedule "D" Itemized Estimate of Cost of Construction z Page 203 of 217 15.f) A By -law to Authorize the Execution of a Site Plan Con... SITE PLAN CONTROL AGREEMENT This Agreement made, in triplicate, this 1611 day of October 2013, in accordance with Section 41 of the Planning Act. BETWEEN: Democrat Maplewood Limited Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- rra -[•i•] 71•] 7_�r[•PH]�r:I�r•PJ1�69a11•7�•] Z•���d��LPrr� Hereinafter called the "Township" -1 4VK61ar :1:.9 role] ►L791 it WHEREAS the Owner has applied to the Township of Oro - Medonte to permit the construction of a single detached dwelling on lands described in Schedule "A ", attached hereto; AND WHEREAS the Township has enacted a By -law to provide for the designation of the lands as a "Site Plan Control Area "; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule "B ": NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: Page 204 of 217 15.f) A By -law to Authorize the Execution of a Site Plan Con... 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in Schedule "A ", attached hereto, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to the subject lands. C) No work shall be performed on the lands, nor any use made of the subject lands with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries and Agencies, including, but not limited to, the County of Simcoe. e) The Owner shall, pursuant to Section 6.2.6 of the Subdivision Agreement adopted by Township of Oro - Medonte By -law 2010 -059, retain the services of a consulting archaeologist for their on -site presence and monitoring of any grading or ground alterations within 50 metres of a potential ossuary. f) The Owner shall assume all liability with respect to the discovery of any ossuary and /or archaeologically sensitive features or areas through the development of the subject lands. g) The Owner and /or their agent shall, during any grading or ground alterations, cease work immediately upon the discovery of a potential ossuary and /or archaeologically sensitive feature, and forthwith notify all appropriate Ministries and Agencies, including, but not limited to, the Registrar of Cemeteries and the Township. e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes and charges related to obtaining the approval of these lands for the intended use. f) The Owner shall pay a refundable deposit for such reasonable costs as may be involved to the Township in having its solicitor, engineer, planner and staff, perform any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of performance of all the Owner's obligations hereunder, unless the context otherwise requires. Every provision of this Agreement, by which the Owner is obligated in any way, shall be deemed to include the words "at the expense of the Owner", unless specifically stated otherwise. The refundable deposit for expenses and actual cost shall be $1000.00. The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers /Deeds, Discharges and Easements, or other documents required by Schedule "C, as well as certification from the Owner's solicitor that the Transfer /Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h) The Owner agrees that prior to issuance of a Building Permit, a Sewage System Permit approval must be received by the Township /Ministry of the Environment. 2. COVENANTS BY THE TOWNSHIP Page 205 of 217 15.f) A By -law to Authorize the Execution of a Site Plan Con... The Township covenants and agrees as follows: a) That the Township has enacted a By -law to permit the construction of a single detached dwelling with attached garage occupying 2,689 square feet (249.82 square metres), as described on the Site Plan. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By -laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule "B ", subject to the development restrictions contained herein. 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan. attached hereto as Schedule "B ". b) Lighting All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and /or roadway, not to cause interference in any way. C) Parking Areas and Driveways All parking areas and driveways shall be constructed in conformity with Sections 5.19 and 5.20 of By -law No. 97 -95, as amended, and the Ontario Building Code Regulation #419/86, and such parking areas, loading, and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed, as in Schedule "B" attached. The Owner agrees to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro - Medonte. d) Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule "B ". e) Garbage Storage The Owner agrees to provide suitable storage areas for garbage and waste, as shown on the Site Plan, and to install and maintain litter containers in and around development on the lands. All metal scrap and associated refuse contained in the fenced compound shall be removed on a weekly basis. Garbage Collection The Owner acknowledges and agrees that any Industrial, Commercial and Institutional (I. C. & 1) and multi -unit locations (six (6) units and over) will not receive curb side waste collection services from the County of Simcoe. Each I. C. & I location and multi -unit residential location will be responsible for their own garbage and recycling disposal. g) Landscaping The Owner shall complete all landscaping and landscaped areas shown on the Site Plan, attached as Schedule "B ", as soon as weather permits, and all grading and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. h) Erosion and Siltation Control Page 206 of 217 15.f) A By -law to Authorize the Execution of a Site Plan Con... The Owner must take all necessary precautions to prevent erosion and sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during construction. The Owner agrees to maintain all erosion and siltation control devices in good repair until vegetative cover has been successfully established. Tree Cutting No trees shall be cut outside the immediate area surrounding the proposed dwelling, septic system, and driveway, as shown on approved Site Plan Drawing Diamond Valley Estates Lot 113, Prepared by Valdor Engineering Inc dated September 16', 2013 unless dead or diseased. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by all parties. It is the intention of the parties that material amendments to this Agreement be properly recorded. Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of Confirmation, or notations on Engineering drawings. The nature of such record of amendment shall depend on circumstances. 5. SECURITY Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule "D" to this Agreement (the "said Work "), the following securities: a) Cash in the amount of one hundred percent (100 %) of the estimated cost of the said work, as approved by the Township Engineer and Township Council, or: b) A Certified Cheque in the amount of one hundred percent (100 %) of the estimated costs of the said works, and as approved by the Township Engineer. C) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Owner's Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Schedule "D" of this Agreement and will become the basis for the limits of the securities. d) Any Certified Cheque or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Certified Cheque and security received by the Township may be used as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owner's agent, certifying that all required works for which the Certified Cheque was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner's obligations under this Agreement have been completed, the Township will return said Certified Cheque. f) If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or Page 207 of 217 15.f) A By -law to Authorize the Execution of a Site Plan Con... deposits, then the Township shall give, by registered mail, twenty -one (21) day's notice, its intent to draw down on the security or deposit. 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 466 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended. The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreement. E:3111111111 - 31.191 Rq" =19 9 *01 This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the parties hereto, and upon the lands described in Schedule "A ", attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. �1 llAVA:I:7_1- 31w11 rL•7 K _ \169* Should any section, subsection, clause, paragraph, or provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. iDAWAV /Q71_1:7�dll **, The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless, the Township from and against any and all claims, suits, actions and demands whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub - contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub - contractors. Page 208 of 217 15.f) A By -law to Authorize the Execution of a Site Plan Con... IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED Democrat Maplewood Limited per: Name: Enzo Palumbo Title: Authorized Signing Officer I have authority to bind the Corporation The Corporation of the Township of Oro - Medonte per: H.S. Hughes, Mayor J. Douglas Irwin, Clerk Page 209 of 217 15.f) A By -law to Authorize the Execution of a Site Plan Con... SCHEDULE "A" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and Democrat Maplewood Limited. LEGAL DESCRIPTION OF LANDS Lot 113, Plan 51M -957 as in 58533 -0337 LT TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE ROLL # 4346 - 010 - 003 -26613 Page 210 of 217 15.f) A By -law to Authorize the Execution of a Site Plan Con... SCHEDULE "B" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and Democrat Maplewood Limited. SITE PLAN Site Plan Drawing: Diamond Valley Estates Lot 113, Prepared by Valdor Engineering Inc dated September 1611, 2013. Site Plan is not in a registerable form and is available from the Township of Oro - Medonte. to Page 211 of 217 15.f) A By -law to Authorize the Execution of a Site Plan Con... SCHEDULE "C" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and Democrat Maplewood Limited. DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the cost of preparation, execution and registration thereof, shall be borne by the Owner. All documents to be registered shall be prior approved by the solicitor for the Township The following land and easement shall be conveyed: 1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP N/A 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP N/A m Page 212 of 217 15.f) A By -law to Authorize the Execution of a Site Plan Con... SCHEDULE "D" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and Democrat Maplewood Limited. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION ITEMIZE CONSTRUCTION ESTIMATE AMOUNT 2. LETTERS OF CREDIT AMOUNT Certified Cheque to be provided by the Owner $1000.00 to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. 12 Page 213 of 217 15.g) A By -law to remove the Holding symbol On lands describ... 19: 1:90161 1aQXA 11 01Z110]a9:I *1101TAZ&] :I1107:901:102 A 1:1 ITO] Z k 9:4 BY -LAW NO. 2013 -191 A By -law to remove the Holding symbol On lands described as follows: Lot 113, Plan 51M -957 Township of Oro - Medonte, County of Simcoe Roll # 4346- 010 - 003 -26613 WHEREAS the Council of the Corporation of the Township of Oro - Medonte is empowered to pass By -laws to remove a Holding provision pursuant to Section 36 of the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to remove the Holding provision applying to the subject lands; NOW THEREFORE the Council of the Corporation of the Township of Oro - Medonte enacts as follows: 1. Schedule 'A16', to Zoning By -law No. 97 -95 as amended, is hereby further amended by removing the Holding provision applying to lands known as "Lot 113, Plan 51 M -957, Roll # 4346- 010 - 003 - 26613" as shown on Schedule 'A' attached hereto and forming part of this By -law. 2. This By -law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 16TH DAY OF OCTOBER, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 214 of 217 15.g) A By -law to remove the Holding symbol On lands describ... Page 215 of 217 15.h) A By -law to Amend By -law No. 2012 -168, Being a By -law ... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2013 -193 A By -law to Amend By -law No. 2012 -168, Being a By -law to provide for the restricting and regulating of parking, standing and stopping on highways or parts of highways under the jurisdiction of The Corporation of the Township of Oro - Medonte WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, states a lower -tier municipality and an upper -tier municipality may pass by -laws respecting matters within the following spheres of jurisdiction: highways including parking and traffic on highways. AND WHEREAS the whole sphere of highways, including parking and traffic on highways is assigned to all upper tier municipalities non - exclusively; AND WHEREAS Section 27(1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality may pass By -laws in respect to highways over which it has jurisdiction; AND WHEREAS Council of The Corporation of the Township of Oro - Medonte, did on the 1011 day of October 2012, enact By -law No. 2012 -168, Being a By -law to provide for the restricting and regulating of parking, standing and stopping on highways or parts of highways under the jurisdiction of The Corporation of the Township of Oro - Medonte; AND WHEREAS Council of the Township of Oro - Medonte does now find it expedient to amend By -law No. 2012 -168; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: That Section 1.33 be amended by deleting "and having a surface which has been improved with asphalt, concrete or gravel for the use of vehicles "; This by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 16TH DAY OF OCTOBER, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 216 of 217 17.a) Being a By -Law to Confirm the Proceedings of the Counc... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2013 -183 Being a By -Law to Confirm the Proceedings of the Council Meeting held on Wednesday, October 16, 2013 WHEREAS Section 5 of the Municipal Act, 2001, S.O. 2001, C. 25, as amended provides that the powers of the Municipal Council shall be exercised by By -Law, unless the municipality is specifically authorized to do otherwise; AND WHEREAS The Council of The Corporation of the Township of Oro - Medonte deems it expedient that the proceedings at this Council Meeting be confirmed and adopted by By -Law; NOW THEREFORE the Council of The Corporation of the Township of Oro - Medonte hereby enacts as follows: 1. That the actions of the Council at its Council Meeting held on Wednesday, October 16, 2013, and in respect to each Motion, Resolution and other actions passed and taken by the Council at its said Meeting is, except where prior approval of the Ontario Municipal Board is required, hereby adopted, ratified and confirmed. 2. That the Mayor and the proper Officials of the Township are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary on behalf of the Council of the Corporation of the Township of Oro - Medonte. 3. That the Mayor /Chair and Clerk /Designate are hereby authorized and directed to execute and affix the corporate seal to all necessary documents. 4. And That this by -law shall come into force and take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 16TH DAY OF OCTOBER, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 217 of 217