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05 22 2002 COW Agenda TOWNSHIP OF ORO-MEDONTE COMMITTEE OF THE WHOLE MEETING AGENDA DATE: WEDNESDAY, MAY 22,2002 TIME: 9:00 a.m. COUNCIL CHAMBERS ************************************************************************************************ 1. ADOPTION OF THE AGENDA 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF: - "IN ACCORDANCE WITH THE ACT" 3. RECEIPT OF ACCOUNTS: 4. DEPUTATIONS: a) 9:00 a.m. Ms Kim Viney, Head of Sports and Recreation, Lake Country Board and Mr. Calvin Stone, Co-Chair, Lake Country Board re: Lake Country b) 9:15 a.m. Mr. Keith Sherman, Coordinator, Severn Sound Environmental Association re: Delisting of Severn Sound as an Area of Concern. (Printed under separate cover) 5. CORRESPONDENCE: a) Irena-Wieslawa (Versha) Szczebior, re: Buffering/screening concerns. Reference Report No. ES2002-32 b) Beth Bashford, re: Community park/playground in Sugarbush. 6. FINANCE, ADMINISTRATION AND FIRE: a) Lake Simcoe Regional Airport Agreement of Purchase and Sale (for information ). .. ~ 7. PUBLIC WORKS: a) Recycling Council of Ontario re: Municipal Award b) Report No. ES2002-32, Keith Mathieson, Director of Engineering and Environmental Services, re: Buffering/Screening of 279 Line 4 South - Szczebior Property. c) Report No. ES2002-33, Keith Mathieson, Director of Engineering and Environmental Services, re: Jess-Cor Holdings Inc. - Site Plan Agreement - Parcel 21-14, Section 51- Oro-5, Being Part 2, 51 R-19930, Being all of PIN #58550-132 (Lt), Line 4 South. d) Report PWS2002-05, Jerry Ball, Public Works Superintendent, re: Request by Horseshoe Valley Property Owners Association for "News and Events" Notice Boards. 8. PLANNING AND DEVELOPMENT: a) Report No. PD2002-24, Andria Leigh, Township Planner, re: Committee of Adjustment decisions for May 16, 2002. 9. COMMUNITY SERVICE: 1 O. ENVIRONMENTAL TASK FORCE: 11. ADDENDUM: 12. IN-CAMERA: '" 2 ~ ADDENDUM COMMITTEE OF THE WHOLE MEETING Wednesday, May 22,2002 5. CORRESPONDENCE c) County of Simcoe reo Municipal Waste Minimization Award - Recycling Council of Canada (refer to Item 7a) 8. PLANNING AND DEVELOPMENT b) Report No. BD2002-05, Ron Kolbe, Director of Building/Planning Development reo request by Erwin Notter, 4 Blue Ridge Cres., B.P. #92-054 (formerly Orillia Twp.) ". Severn,.Sound' LA" ,.' , ,. ~u~ b -~, ,'.' os 1,0: 71 ',' " .\ ~ " ')ci.l.J.l ,/'. . " I3b . . '!.(~ @~-'J . .of. .;; 'Q-\. , . ~ , ~'y ,~4;~ !C5". . Of"'-' ~~ \.'.... .::~~ ~ ,~-:/'<"""",;'" ~ . ,:::- .. .~.;:-::~ \.' '-> ' . ~~ \,,~ ..".. .~.. t -.. " ~,., \Ct~ '~::f.. \'.'.~ . r . ~;s ~~\ . ':>>~, .~~\ '~~ ~~ .' .t:~1 '-cl--\, :' .,;, ~" ..- ;J~,",r" Y(~. -'_ ~;__ .,.;,. A~~.. ,~~'.};,. . Environmental Association Wye Marsb Wildlife 'Ceatrr P.O. Box 100 Midlaad. Oatario UR 4K6 (705) 526-7809 - FAX (705) 526-3294 October 9,2001 " . Dear Public Stakeholder" , As a past or cUrrent member of the Public Advisory'Committee (P AC);SevernSound Environmental Association (SSEA) or,other local public stakeholaerI am inviting;,you to participate in the public review of the delisting documentation for the Severn Sound Area of Concern. Your comments, strictly from a public perspective, would be greatly appreCiated. We have included 'a review fooo for your questions and comments as well as a recommendation for ,your signature should you choose to sign it. ,Please send or fax these forms back to the SSEA office ODor before'~eber 20, 2~1. . " . ' AJW9.j)./ mL- . When revlewingthese documents please keep iri mind the 'folloWing principles and comments' from the International Joint Com.miSsio.a ' Principles: . 1. Delisting criteria (in Stage 2 Report) are developed on a site-specific basis by the. federal/provincial Remedial Action Plan (RAP) Teams; in conjunction with the PAC. The achievement of the criteria will be confirmed as being valid through internal and external peer review, particularly by a federal/provincial Technical Review.Team. All criteria will have undergone a COA policy review during completion ofthe Stage 2 Report, to ensure they are technicallysolind and'reasonably consistent across RAP sites. 2. Delisting criteria should be,premised on three fundamental underlying elements: ., . a) l?cally defined use goals and en~onmental objectives; . b) applicable federal and provincial object~ves, guidelines, s~andards and/or policies . .related to the RAP; , ' c) the Principles and Objectives embodied ill the. Great Lakes, Water Quality Agreement. 3. Delisting criteria should be based' on observable and measurable indicators where ever possible. Use goals and environmental objectives which are adopted in the RAP should specify measurable targets upon which delisting is assessed. These targets will have been ~ .lfb-J presented in the Stage 2 Report, along with a surveillance and monitoring plan'to track , ' progress. . 4. Delisting of a particular impairment that remains in an Area of Concern can occur if it can ' be demonstrated that the impakment'is not solely oflocal geographic ~xtent, but,is typical ciflake wide conditions. Such delisting would be contingent on evidence that sources . within the Area of Concern are controlled. 5. Delisting of a particular impairment can a1so6ccur'Yh~n it can be demonstrated that the impairment is. due to natural rather than,due to human activity., 6. The principles ofRAPs~ ~Stainability,ecQsystem approach, pollution prevention and public involvement .can also be used to assess delisting t~gets. . Operational methods for making such judgements should be described. ,- -... DC comments: "...it may not be possible to fully restore some uses, because of natural factors or social or economic factors. In these special cases, there maybe very logical and practical reasons why the impaired uses cannot be fully. restored and these reasons and rationales should be provided in a Stage 3 RAP. The intent here is to explicitly recogniZe" that there may be someimpaired,uses that maY not be ~ restored for justifiable reasons, andthat this should not prohIbit the pOSSIble delisting of an Area of Concern following , Party/Jurisdiction submission and DC review of a Stage 3 RAP." . ' , . There will be a Severn Sound ~ Open House and Public Meeting at the Wye Marsh Wildlife Centre on Saturday~ October 27,2001 from 1 0:00am to 3:00pm. The Public Meeting, beginning at 1 0:00am, will include a few guest speakers as well asa question and answer session. There will, be. a variety of displays of Severo Sound RAP projects and the staff will be on hand throughout' the day to answer any questions. Everyone is invited so please make planS to attend. Your participation and comments as well as those from the Public Meeting will be included' in the :final Stage 3 document. Public response and support have always been an integral part of the Severn Sound RAP pr.ocess ,and will bedo.cumented 'in this report. ' Thank yo~ for your continuing support and the important role you 'are playing in the delisting process. Yours truly, " ._~./~ Keith She~ Coordinator' Severn Sound Environmental Association ., 4b ~3 Delisting Severn Sound as an Area of Concern Discussion notes for review of use impairment: draft October 1, 2001 xiv) degradation of fish and wildlife habitat Delisting Objectives: 1. To implement the Severn Sound Fish Habitat Management Plan and other policies to enhance and prevent the loss of fish and wildlife habitat. 2. To encourage the restoration of fish habitat in target areas by proponents of new shoreline development. 3. To develop plans for rehabilitation or development of new coastal wetland areas as opportunities arise. 4. As part of the Matchedash Bay project (NAWMP 1991), to: i) secure and manage 1715 ha of wildlife habitat ii) restore and develop 1427 ha of habitat for waterfowl and other wetland dependant wildlife m) maintain and enhance 442 ha of habitat for staging waterfowl. 5. To rehabilitate tributaries and riparian areas for fish and wildlife habitats. 6. To maintain existing colonial waterbird nesting sites within and near Severn Sound. 7. To maintain and increase Osprey nesting sites within Severn Sound. Rationale: The Severn Sound RAP Stage 2 Report identified that littoral and tributary habitat was important to the fish community of Severn Sound and that this habitat was degraded in several areas (SSRAP Stage 2 1993, SSRAP 1993). The sheltered littoral areas of Severn Sound, especially those with submerged aquatic plants, are considered essential to maintaining a healthy and productive fish community (Leslie and Tinnnins 1994 and 1997). Most fish species use the nearshore as spawning, nursery and feeding habitats, yet this is the area most often affected by filling, shoreline hardening, dock construction and beach clearing etc. The processes available to protect and enhance fish and wildlife habitat in the AOC involve providing teclmically defensible management plans and policies under federal and provincial legislation (Fisheries Act, Plarming Act, Public Lands Act, etc.) and providing rehabilitation programs to restore and enhance degraded habitat on a site specific basis. Since the Stage 2 Report was prepared, a Defensible Methods approach has been developed which combines a physical habitat inventory with a model to classify most of the littoral zone fish habitat suitability for different groupings and life stages offish in Severn Sound (Minns, et al. 1999). In addition, the Habitat Framework Guidelines (Environment Canada, OMNR and OMOE. 1 16 -f 1998) were developed and evaluated in AOCs, including Severn Sound (Gartner Lee Ltd. 1997a, Gartner Lee Ltd. 1997b, Sherman and McPhail 2001, Tate 1998). These Guidelines provi!~' a series of measures that can be used to evaluate upland, riparian and wetland habitat in ani. Site specific initiatives within the Severn S01.md area also provide specific indication of restoration status of habitat of the AOC. The Eastern Habitat Joint Venture is conducting scale habitat protection and improvement project in Matchedash Bay (Tymoslmk and Ma Downs 1990, NA WMP 1991). The Severn Sound RAP Tributary Rehabilitation Projer Penetanguishene Shoreline and Wetland Restoration Projects are examples ofinitiativl" led to the restoration of habitat. lrge ,- Jd the nathave Indicators used in Severn Sound: 1. The fish habitat classification model for the littoral areas of Severn Sound was developed by.Minns et al. (1999) and replaces an interim classification contained in the Stage 2 Report The model was evaluated using DFO fish community data collected between 1990 and 1995 by Randall et al. (1998). The evaluation found significant correlation between electrofishing catches and habitat suitability indices. The Habitat Framework Gui delines (Environment Canada, OMNR and OMOE. 1998) provide the following restoration guidelines which have been applied to Severn Sound Sherman and McPhail (2001 in prep.) Upland Habitat a. percent forest cover >30% of watershed b. interior forest with 100m buffer >10% c. interior forest with 200m buffer >5% d. size oflargest forest patch - at least one patch with a minimum of200 ha, minimum of 500m across e. shape and proximity considerations for forest patches and corridors f forest cover should represent full diversity of species composition and age structure found in ecoregi on Riparian Habitat a. percent of stream naturally vegetated - at least 75% of first to third order streams b. amount of natural vegetation adjacent to streams - at least 75% of a 30m buffer of natural vegetation on both sides of the streams c. percent urbanized - >15% imperviousness in an urbanized watershed d. fish connnunities - based on fish community survey and temperature Wetland Habitat a. percent wetlands in watershed and subwatersheds - > 1 0% of each maj or watershed, >6% of each subwatershed or restore to original % wetlands b. amount of natural vegetation adjacent - >240m width ofadjacent natural vegetation (using adjacent forest cover in Severn Sound) c. wetland type - marshes and swamps are suitable for rehabilitation d. wetland size and shape - swamps should be as large and regular as possible to maximize interior forest, marshes should be various sizes with variable shape maximizing interspersi on .. 2. 2 %/2 3. For specific initiatives within the Severn Sound area additional monitoring methods have been used to assess habitat in the area and status following restoration or enhancement projects. The walleye spawning area at Port Severn has been enhanced by MNR (latest modification fall of2000). Current Status: littoral Fish Habitat Habitat Suitability was classified using physical habitat infonnation collected from 1989 to 1994 for 343 kIn or 70% (11.8 km2 to a depth of 1.5m) of the Severn Sound shoreline (based on a 1:10,000 'scale). High suitability habitat generally consisted of wide littoral areas with gradual slopes in sheltered areas with sand and silt substrate and high coverage of submergent vegetation and emergent vegetation Medium suitability habitat was dominated by sand with some silt and pebble substrate and little vegetation. Low suitability habitat generally had steeper sloped littoral area, exposure to wind and wave action, bedrock, cobble and boulder substrate with little vegetation Of the shoreline classified, 39% was considered to have high suitability, 43% was considered medium suitability and 18% was considered low suitability. It should be noted that a small proportion of the shoreline (12 km or 4%) could not be inventoried for physical habitat due to vertical shore walls and pilings (i.e. lack oflittoral) and was not classified. These areas are considered highly suitable for rehabilitation and the re-establishment of gradual littoral zones where possible as development proposals are made. Wetland Habitat The wetlands evaluated for adjacent natural vegetation included boundaries of provincially significant wetlands in the Severn Sound watershed (with upland "islands" removed) were merged with smaller unclassified wetlands from the OBM wetland layer. The percent wetland area target of 10% of watershed was general I y not met wi th the excepti on of Sturgeon River and Wye River. The percent wetland area target of 6% for subwatersheds was generally met with the exception of Coldwater River. There are ten coastal wetlands that have been classified in Severn Sound, of which eight of these are provincially significant (Table 2). There was a general increase in mean width ofvegetation adjacent to wetlands between 1982 and 1998. Significant decreases were noted in Bass Lake and Silver Creek due to increasing urbanization and, in Purbrook Creek due to an increase of pasttrre area. Coastal wetland habitat has been rehabilitated in Penetang Bay, Midland Bay and Hog Bay. The trend in loss of coastal wetland habitat described by Cairns (in Severn Sound RAP 1993) has been greatly reduced through the 1990s. However, increasing pressure to develop shoreline areas, especially during current low water levels (1999,2000,2001) have lead to destruction of some areas of Provincially significant wetlands in Sturgeon Bay. 3 4b/~ Ongoing implementation of the Matchedash Bay Project (NAWMP 1991) is proceeding (i). Securement - 1847 ha have been secured by purchase or by agreement to date (ii). Restoration - 50 ha developed as Tiffaux Cell in 1992, 60 ha Brereton Cell completed in 1993, future cell planned near coldwater of approximately 80 ha. [Other habitat area restored or enhanced (prairie tall grass areas, oak savana, beaver ponds at Cowan site) details to be provided by Ducks Unlimited). (iii). Staging Habitat - [ to be provided by Ducks Unlimited] Three largest wetland areas in Severn Sound'are Matchedash Bay, Wye Marsh and Tiny Marsh. Each of these wetlands is predominantly marsh and all are managed under Ministry of Natural Resources Stewardship Agreements. Matchedash Bay is the only coastal wetland of the three which is subject to lake level fluctuations. All tlrree have managed water level control on some or most (Tiny) of the area. Habitat features in these wetlands are being s1udied for future interpretation, enhancement and protection. Riparian Habitat In Severn Sound the riparian habitat guideline of 75% of first to third order streams with natural vegetation is met in the Upper coldwater, Carley Creek, Bass Lake, Sturgeon River and Copeland Creek subwatersheds (Table 3). Values of<50% were found in Bear Creek (37%) and Purbrook Creek (44%). Values in 1998 ranged from 39 to 79% across the area. Riparian vegetation has increased between 1982 and 1998 with the excepti on of Sil ver Creek (North River) and McDonald Creek (Wye River). This increase is evidence of improved awareness of the value of natural vegetation in stabilizing stream banks as well as the direct benefit of the Severn Sound RAP Tributary Rehabilitation Project and similar programs that predate the RAP Program such as the MNR CFIP/CWIP. Upland Habitat Although there were significant reductions in largest forest patch size between 1982 and 1998, there has been little net change in forest cover across Severn Sound. The 1998 analysis shows that Upland Habitat targets are generally being met for Severn Sound watershed (see Table 3) with the exception of "interior forest" target in Hog Creek, and some subwatersheds on the Wye River and the North River. These areas will be the subject offurther targeting for remediation where feasible. It would appear from planned or proposed development in some subwatersheds that the reduction in percent forest cover will continue in areas close to urban centres. It should also be recognized that the "net" increase results from forest planting that exceeds forest removal. In order to sustain forest cover, planting programs should continue to be sustained. Mechanisms to secure large interior forest patches should also be pursued. Status of Other Habitat The colonial waterbird nesting sites (primarily on the Watcher Islands in Georgian Bay) are being maintained by cWS and:MNR The Georgian Bay Osprey Society continues to support the construction of osprey nesting platforms in appropriate locations in Severn Sound. 4 Severn Sound ecosystem and delisting Severn Sound as an Area ofConcem Toronto.ISBN: 0- 7778-1168-5 Severn Sound Remedial Action Plan (SSRAP). 1993. An interim fish habitat management plan for Severn Sound. SSRAP Teclmical Report. Sherman, RK. and McPhail, A. 2001. Status of habitat conditions and restoration strategies for the Severn Sound Area ofConcem Severn Sound RAP Tectmical Report in prep. Tate, D.P. 1998. Assessment of the bilogical integrity of forest bird corrnnunities - a draft methodology and field test in the Severn Sound Area of Concern. Severn Sound RAP Tectmical Report. Canadian Wildlife Service, Enviromnental Canada Tymoshuk, S.J. and Martin-Downs, D. (Gartner Lee Ltd.). 1990. Abiological inventory and evaluation of the Matchedash Bay Provincial Wildlife Area. OMNR, Huronia Distri~t and Parks and Recreational Areas Section, Central Region, Aurora. Open File Ecological Report 9003. 117pp. Wilson, W.G. and Cheskey, E.D. 2001. Wye Marsh Important Bird Area Conservation Plan. Can. Nature Fed., Bird Studies Can., Fed. OfOnt. Naturalists. Wilson, W.G. and Cheskey, E.D. 2001. Matchedash Bay Important Bird Area Conservation Plan. Can. Nature Fed., Bird Studies Can., Fed. OfOnt Naturalists. Wilson, W.G. and Cheskey, E.D. 2001. Tiny Marsh Important Bird Area Conservation Plan. Can. Nature Fed., Bird Studies Can., Fed. OfOnt. Naturalists. 6 Actions to be completed: Jjb~ 1 - Fish Habitat Management Plan should be implemented within local platming doc\.U11ents and by federal, provincial and IJ:11IDicipal staff reviewing marine construction proposals that affect habitat - The Eastern Habitat Joint Venture is continuing to implement the Matchedash Bay Project (NA WMP 2000). - hnplementation of Nutrient Management Act Regulations including livestock access restrictions. - Continued implementation of rehabilitation projects through longer term programs to ensure net gaIn. - ongoing monitoring as restoration projects mature References: Environment Canada, O~ and OMOE. 1998. A rramework for guiding rehabilitaiion in Great Lakes Areas of Concern. Canada-Ontario Remedial Action Plan Steering Committee. ISBN 0-662- 26577-7. Gartner Lee Ltd. 1997a. Severn Sound habitat restoration strategy: final report Severn Sound RAP Technical Report Gartner Lee Ltd. 1997b. Wetland and riparian targets pilot application - Hogg Creek watershed. Severn Sound RAP Technical Report. Leslie, J.K. and Tinnnins, c.A. 1994a. Ecology of young- of- the-year fishes in Severn Sound, Lake Huron. Can.J.Zool. 72:1887-1897. Leslie, J.K. and Tinnnins, c.A. 1997. Early life offishes in Penetang Harbour, an Area of Concern in Severn Sound. Can. Tech. Rept Fish. Aquat Sci. No. 2188. NA WMP. 1991. Matchedash Bay Provincial Wildlife Area Management Plan. Ministry of Natural ResoW"ces Huronia District, MNR 3080-1, ISBN 0-7729-6273-1 North American Waterfowl Management Plan (NA WMP). 2000. Expanding the Vision: 1998 Update of the North American Waterfowl Management Plan. Report prepared for the US Fish and Wildlife Service, Mexico SEMARNAP, Environment Canada, Canadian Wildlife Service. Prince, HH., Padding, P.1 and Knapton, R W. 1992. Waterfowl use of the Laurentian Great Lakes. J. Great Lakes Res. 18(4):673-699. Randall, RG., Minns, c.K., Cairns, VW., Moore, J.E. and Val ere, B. 1998. Habitat predictors of fish species occW"rence and abundance in nearshore areas of Severn Sound. Canadian Manuscript Report of Fi sheri es and Aquati c Sci ences 2440. Severn Sound Remedial Action Plan (SSRAP). 1993. Stage 2 Report: a strategy for restoring the 5 USE tMfAlftNENTI ftESTOftATlON~HIEVED? xlv) oegradation of fish and wlldHfe habitat. 1. YES/NO in localized areas 2. YES 3. YES/NO in localized areas TABLE 'I draft october 2001 srA1US Of ()8JEC-nyES 1'01' ""US....." seIlER" sO,,"1) ~ "" ""~. Of ~(!'\ . . .."..... ".,', DE\..\S11f\1G OBJECTIVE 1. To irr(Jlerr-ent the Se\J6rn sound Fish Habitat Management Plan and other policies to enhance and prewnt the KISS of fish and wildlife habllat 2, To encourage the restoration of fish habilat in target areas by proponenls of neW shoreline development. 3. To develop plans for rehabilitation or development of neW coastal weiland areas as opportunities arise. 200'1 STATUS Habitat suitabiUty rrodel classifies littoral habitat for fish habitat t1\8nagement plan. Of the 119 km of shoreline classified, 39",," had high suitabiity, 430,," had medium suitability and 180,," had iow suitability for the Se\J6rn Sound fish col1\fl1.lnlty. Walleye spawning habitat was enhanced during 2000, coastal wetiands are Included in high suitability habitat (8 are classified as provincla1Y significant). Large interior forest patches (:>200ha) are present throughout the area but are subject to fragmentalion. At \east 12 km of degraded habilat have been targeted In Penetangulshene Bay, Midland Bay, and Hog Bay for rehabilitation. Penetang BaY Restoration Project has restored 4 ha of \ltloral habitat. St1\81 coastal wetland under development In llff\n basin. Restoration plan for destroyed habitat in sturgeon Bay pending. ~TRAreGY FOft tJlEFT\NG O~JECTM: _ Fish Habitat Management Plan needs to be cOrr(J\eted and implemented. _ protection of coastal wetland habitat should be enhanced _ large forest patches in su\)Watersheds should be secured to t1\8lntaln integrity . Ongoing irr(J\err-entation as opportunities arise. ~NGIMPLEMENTAT\ON Ongoing Implementation as opportunities arise. ~NG IMPLEMENTAT\ON & \ ~ 7 TABLE 1 draft October 2001 STATUS OF OBJECTIVES FOR DEUSTlNG SEVERN SOUND ~ AN AREA OF CONCERN c, c '. ,'..', ",., ~:, ,,' , USE IMPAiRWCNTI. DEUSTlt.iq OBJESCTlVE 2001 STATUS STRATEGY FOF,\ Mi:r::T1NG OI3~!:9T1VES ~CHE[)Uu: F()~ D~!-IS.J!N,G. ' , RESTORATION At:IiIEVED? c 'c 'c.': ,: ',',' " " ': '::':..o! .., 4, YES original targets delayed 4. As part of the Matchedash 4(1), 1847 ha purchased or secured to date EHJV is continuing the Matchedash Bay ONGOING IMPLEMENTATION but the project is continuing. Bay project. to: (Ii). 50 ha developed as Thiffaull Cel in 1992. Project i) secure and manage 1715 ha Brereton Cell cOl1l'lleted in 1993. future cell of 'lAldlife habitat planned near ColdlNater of approximately 80 ha. iI) restore and develop 427 ha [aher habitat area restored or enhanced of habitat for INaterfo'IA and (prairie taU grass areas. oak savana. beaver other \'wiland dependant ponds at Cowan site) details to be pro\oided by 'lAldlife Ducks Unlimited), Iii) maintain and enhance 442 (Iii), Staging Habitat - [to be pro\oided by Ducks ha of habitat for staging Unlimited) waterfo'IA, xiv) Degradation of fish and 5. To rehabilitate tributaries 5. 128 kms of streams 'lAth fish habitat that 111l'Ilementation of Nutrient Management ONGOING IMPLEMENTATION 'lAldfife habitat continued. and riparian areas for fish and require rehabilitation have been identified. 70 Act Regulations including fivestock 'lAldHe habitats. km cOl1l'lleted to date. First to third order access restrictions. Continued YES/NO streams have 39 to 79% 'lAth natural vegetation il1l'llementation of rehabilitation projects, on stream banks across the area. Four Resolve minimum 'lAdth of riparian buffer. sublNatersheds meet the Habitat Framework target of 75%. 14 of 16 subwatersheds >50%. YES 6. To maintain existing 6, Existing nesting sites are secure, No further action. COMPLETE coloniallNaterbird nesting Management of cormorants under sites 'lAthln and near Severn consideration. Sound. YES 7. To maintain and increase 7. Georgian Bay Osprey Society Is continuing Install additional nesting sites v.11ere ONGOING IMPLEMENTATION Osprey nesting sites 'lAthln to support new nesting sites In Severn Sound. appropriate as opportunities arise. Severn Sound. TY.o additional sites Installed on S shore 'lAthin Severn Sound during 1998. 8 ~ \ ~ ,Table 2 Wetlands in Severn Sound 4b //D Wetland Name , Significance Class ification: Size* (ha) Watershed(s) . ',' Bass Lake Swamp Provincial Class 1 465,51 North River C'Opeland Forest Wetlands Provincial Class 1 1603.54 Sturgeon River/ColdwaterRiver/non-SS East Coulson Swamp Provincial Class 1 135.75 Coldwater River Matchedash Bay Wetlands (coastal) Provincial Class 1 681.3 North River/MatchedashBay/ColdwaterRiver air Lake Wetland Provincial Class 1 347.09 Wye River Purbrook Creek Swamp Provincial Class 1 705.85 North River Tiny Marsh Provincial Class 1 704.31 Wve River Wye Marsh Provincial Class 1 820.81 Wye River Port McNicoll Marsh (coastal) Provincial Class 2 27.66 HOQQ Bay Sturoeon Bay Marsh (coastal) Provincial Class 2 204.78 Stu~eonRiverlStu~eonBay HOQ Bay Wetland (coastal) Provincial Class 3 24.7 Hoac Bay Lalligan Lake Wetland Provincial Class 3 87.17 Copeland Creek Lanaman Marsh Provincial Class 3 68.76 North River Marchmont Swamp Provincial Class 3 169.03 North River Penetang Marsh (coastal) Provincial Class 3 22 Penetano Bay/Copeland Creek Sucker Creek Wetlands Provincial Class 3 27.62 Midland Harbour - Vasey DU Swamp West Provincial Class 3 79.37 Hogg Creek West Coulson Swamp Provincial Class 3 81.5 Coldwater River T obies Bav (coastal) Provincial Unclassified 102.27 Severn Sound Potato Island (coastal) Provincial Unclassified 207.6 Severn Sound Quarry Island (coastal) Provincial Unclassified 48.8 Severn Sound Midland Park Lake Swamp Local Class 4 23.65 Little Lake North River Swamp Local Class 4 83.23 North River Guthrie Swamp Local Class 4 462.19 Sturaeon River McMahon Creek Swamp Local Class 5 178.3 Wye River/non-SS Midland Swamp (coastal) Local Class 5 33.77 Midland Harbour SilverCreek Wetland Local Class 5 25.17 North River St. Andrews Lake Wetlands Local Class 5 25.82 Midland Harbour Ebenezer Swamp Local Class 6 29.34 Wye River Tiny Boa Local Class 6 30.59 Wve River Vasey Swamp Local Class 6 41.04 Sturaeon River Victoria Harbour Marsh Wetlands (coastal) Local Class 6 10.62 Sturaeon Bay Elliot's Comers Local Class 7 204.6 HOQQ Creek Medonte Bog Local Class 7 24.21 Sturaeon River OrilliaDump Swamp Local Class 7 29.83 North River Tay Boa Local Class 7 8.85 SturQeon River/MatchedashBav Vasey DU Swamp East Local Unclassified 20.78 HOQg Creek "note: wetland size was calculated using wetlands clipped to the watershed, thus 'size' only refers to the amount of the wetland within Severn Sound 9 .1 au..:.;1.tt.. nauual. .1'':'' I.UI al.lul.I ..:nl iU':5.7 Summary of Forest, Riparian and Wetland Habitat Targets for First to Third Order Streams kb 1982 COLDWATER RIVER Upper Lower Avon Carley Coldwater FOREST HABITAT TARGETS Taraet Coldwater Coldwater River Creek River % Forest Cowr >30% 66% 39% 33% 56% 50% Size of Lamest Patch (Hal > 100 Ha 1172 632 132 646 1212 % Forest> 100m from Eo > 10% 34% 15% 8% 28% 22% % Forest> 200 m from Etb! >5% 18% 7% :'1% :;" 13% 11% RIPARIAN HABITAT TARGETS % first to third order streams with Natural Vea.. ' >75% , 74% -7= 51.. ". 48110 c", "68..,. ' ' '61% ..., % first to third order streams with > 30m Natural Yea >75% 62110' " ' 42110 ~' 55% c,. 49%:' % first to third order streams with Natural Vf>O, pius Wetlands > 75% 76% " 60% 48110 .:; 17% I,: 64% % first to third order streams with > 30m Natural Vea. pius Wetlands >75% 64% ", 49% ~,c 58% 53% WETLAND HABITAT TARGETS > 10% (sub> 6%1 " I I 5%: I',,' " 6% % Wetlands in Watershed 4% 7% 0% Amount of Vegetation Mean Wiclh (m) > 240m 54 143 I 0 I 119 106 1998 - Upper Lower Avon Carley Coldwater FOREST HABITAT TARGETS Taraet Goldwater Goldwater River Creek River % Forest Cowr >30% 65% 43% 39'110 59% 52% Size of Lamest Patch (Hal > 100 Ha 1142 624 141 642 1181 % Forest> 100m from Eo >10% 35% 17% 10% 29% 24% % Forest> 200 m from Etb! >5% 20% 8% 2110 14% 12110 RIPARIAN HABITAT TARGETS % first to third order streams with Natural Yea. >75% 78% 57% 65% 76% .'" 68% % first to third order streams with > 30m Natural Yea. >75% 64% 45% 37% 60% 53% % first to third order streams with Natural Vea, oIus Wetlands >75% 79% 65% 65% 17% 71% % first to third order streams with > 30m Natural Vf>O, pius Wetlands > 75% 66% 52% 37% 62%' 55% WETLAND HABITAT TARGETS % Wetlands in Watershed > 10% (sub> 6%\ 4% I 7% 0% I 5% 6% Amount of Veaetabon Mean Wiclh (ml > 240m 62 I 187 55 I 186 157 Note: Below Target Meets Target Difference Between 1982 and 1998 Results bv Watershed Upper Lower Avon Carley Coldwater FOREST HABITAT TARGETS Coldwater Coldwater River Creek RIver % Forest Cowr -1% 4% 5% 2% 3% Size of Lamest Patch (Hal -30 -8 9 -5 -30 % Forest> 100 m from Etb! 1% 2% 2% 1% 2% % Forest> 200 m from Ed::Je 1% 1% 0% 1% 1% RIPARIAN HABITAT TARGETS % first to third order streams with Natural Yea. 3% 6% 19% 8% 7% % first to third order streams with > 30m Natural VAn 2% 3% 10% 5% 4% % first to third order streams with Natural Vf>O, oIus Wetlands 3% 5% 19% 0% 7% % first to third order streams with > 30m Natural Vea, olus Wetlands 2% 3% 10% 4% 2% WETLAND HABITAT TARGETS Amount of Veaetabon Mean Wid:h (m) 9 I 45 I 55 67 I 52 Upper Lower Avon Carley Coldwater Goldwater Goldwater River Creek RIver Area CHa) 5082.9 5853.5 3070.2 4774.9 18781.4 Negative value indicates decrease Positive value indicates increase Zero value indicates no change "-00,{," indicates small decrease 10 Ii /11 Table 3B Habitat Restoration Strategy Summary of Forest, Riparian and Wetland Habitat Targets for First to Third Order Streams 1h ,; /(J 1982 NORTH RIVER .. Upper I Lower Bass Silver Bear Purbrook North FOREST HABITAT TARGETS Target North North Lake Creek Creek Creek River '!(, For_ Cover > 30'!10 49'!(, ~ 39'It ~ ~ 45'1' ~ Size d Larg_ Patch (Ha) > 100 Ha 480 1010 288 168 eos 255 1410 '" Forest> 100m from Edoe >10% ~ 24.. 1ft 12'1' 21... 17'JCt 19-. % For_> 200 mfrom Edge >5% 7'!10 10-. s-. ',',,;,:3'JCt!c), 11... ft 8'JCt RIPARIAN HABITAT TARGETS '" lirst to third order streams with Natural VfKJ, > 75% ~c, 50-.... c, 35"" 8T'5 " :, eo,r;,; ,. 34%;:;- ,7;c;mc{i~;' H;'?:'_;~i" % first to third order streams with > 30m Natural VeQ, " .. 4O'JCt, .. ';:z:z.i',jc::' 'T 34~'(:' >75% 38'JCt 30-. 55'JCt "'24%',: % lirst to third order streams with Natural Vea, olus Wetlands > 75% 51.. 38'!fo 76'111 ' 63'1(, , 35'i. > I"'c c .......:.': 'c."41'!fj\. % lirst to third order streams with > 30m Natural Veq. plus Wetlands >75% <<I'!I. 3:2'!1. 64'110 42'1' ~',. '37"!I.c, c' '37'i,' WEn..AND HABITAT TARGETS % Wetlands in Watershed > 10% 1s<u>>S%) ','.':!Yo I ft I 13% ft I 1...1 17'JCt I e,.: Amount of VfKJetation Mean Width 1m) > 240m 200 394 I 118 90 I 539 t 141.7 .1 2S6 1998 - Upper I Lower Bass Silver Bear PUrbfook North FOREST HABITAT TARGETS Target North North Lake Creek Creek Creek RIver % For_ Coller > 30'!10 45.. 53 39'It ~ 49'JCt 4ft 45'1' SizedLarg_Patch(H~ > 100 Ha 470 eoo 290 180 587 2fI3 942 % Forest> 100m lrom EdQe >10% 16'111 25'!1. 14.. 12'1' 19'!f. 1ft 18'JCt % ForM! > 200 m from Edge >5% 7'!10 13 s-. 3'JCt 8'JCt " 4'ro c,' 7'Ifo RIPARIAN HABITAT TARGETS % lirst to third order streams with Natural VfKJ. >75% ,c' 53'JCt 4O'lo 69!10 59'JCt 38'IIt 32'JCt, '.. 4ft % first to third order streams with > 30m Natural Veg. >75% <<I'!I. 3ft 57'JCt 39'JCt 25'JCt ~'" 38'IIt % lirst to third order streams with Natural Veq. plus Wetlands > 75% 54.. 64.. 77'!1. 64% 39'JCt 44... " 46'IIa % lirst to third order streams with > 30m Natural Veq, plus Wedands > 75% 4:!Yo 3&!10 64.. 42'1' 26'!(, 37'!1. 38'JCt WETI.AND HABITAT TARGETS % Wetlands in Watershed > 10% lsub> S %1 :!Yo 4.. I 13% I 8'JCt 1% I 17'1fo 6% Amount of Veqetation Mean Width 1m) > 240m 206 412 I 92 I 85 539 1 100,9 293 Note: Below Target " Meets Target Difference Between 1982 and 1998 Results by Watershed Upper I Lower Bass Silver Bear Purbfook North FOREST HABITAT TARGETS North North Lake Creek Creek Creek River % Forest Coller -5% 3 1.. 0% 0% 1'11> -1'" Size d Larg_ Patch (Ha) 9 -210 2 12 -22 ' 8 -528, % For_ > 100 m from Edge , -2'1' 3 :' '..: ...Q%:" 0% 0% -1'" -1'" % Forest> 200 m from Edge -0% 3 0% 0% -3%" -2%','.. ' ..Q% RIPARIAN HABIT AT TARGETS % lirst to third order streams with Natural VfKJ, 3'!1. 5'11> :!Yo -1'" 4... 8'JCt 4... % first to third order streams with > 30m Natural Veg. :!Yo 4.. :!Yo .1%- ' 1... 4... 1" % first to third order streams with Natural Vea. plus Wetlands 3'!1. ~ 1" 1% 4% 0% -1'!!;" % lirst to third order streams with > 30m Natural Vea, plus Wetlands 2% 3'!1. 0% 0% 1% 0% 1.. WETI.ANO HABITAT TARGETS Amount of Veqetation Mean Width (m) 7 I 18 -26 I -5 I , I -41 .. '''I 7 Upper I Lower I Bass Silver Bear Purbrook North North North Lake Creek Creek Creek RIver kea IHa) 8973.7 16724.0 I 4637.1 2501.1 3969.2 4141.9 30947.0 Negative value indicates decrease Positive value indicates increase Zero value indicates no change "-0%" indicates small decrease 11 Table 3C Habitat Restoration Strategy Summary of Forest, Riparian and Wetland Habitat Targets for First to Third Order Streams 4b ~/3 1982 WYE RIVER Sturgeon Hog upper Lower MacDonald Wye Copeland FOREST HABITAT TARGETS Target River Creek Wye Wye Creek River Creek ~"~'; .--,"., % Forest CoYer > 30% 51% 32!(, 38'!10 3O!It 31% ~ Size 01 Largest Patch (Hal > 100 Ha 863 163 395 461 208 461 301 % Forest> 100m 1rcm Edae >10% 21% c.. 6'!fo.c,' 13% 13% 8%" ,,'. 12'110 ; 29% % Forest> 200 m 1rcm Edae > 5% 8% ,1% c ;,: .". c':"", .c. '3., ,.. s-. i 13% RIPARIAN HABITAT TARGETS % first to third order streams with Natural Vea. >75% 82% ' , I,c .mr.'" :, 3O!It..: 52'110 ~ 4!M'. ~, % first to third order streams with > 30m Natural Vea. > 75% 4!M,c 29'11>' ,; 21%'; '37%, 38'IIt 29% i:;'cc..c: 3ft.,;. % first to third order streams with Naturaf Vea, clus Wetlands > 75% 71% 57% 46'!10' ,~ 59'!(, 5O'IIt 4!M 63'11>; % first to third order streams with > 30m Natural Yea, plus Wetlands > 75% 59'!(, 36'!1., , 37'!f, ~ 36'!1. 4O'M. 41"" " WETLAND HABITAT TARGETS % Wetlands in Watershed > 10% (sub> 6%1 12'110 .". 13% I 1..... 2'110 12'110 s-. Amount d Veoetation Mean Width 1m) > 240m 130 71 152 I 90 71 1215 113 1998 . Sturgeon Hog Upper Lower MacDonald Wye Copeland FOREST HABITAT TARGETS Tamet River Creek Wve Wve Creek River Creek % Forest Cover >30% 56'!It 38'!10 3O!It 43'1(, 32!(, 34'110 63'11> Size 01 Lafllest Patch (Ha) > 100 Ha 1033 199 388 833 ZZT 833 280 % Forest> 100 m 1rcm Edoe >10% 24% 11% 13% 18% 9'Ift 1..... z-". % Forest > 200 m 1rcm Edge >5% 10% 3% 7% 6'!fo 2'110 6'!fo 11% RIPARIAN HABITAT TARGETS % first to third order streams with Natural Yea. >75% 70'!10 57% 39'Ift 65'110 81% 52'110 70'!10 " % first to third order streams with > 30m Natural Yea. >75% 55% 4O'M. 2..... 45'!1. 38'IIt 34'110 48!!0 % first to third order streams with Natural Yea. olus Wetlands > 75% 77% 64% 54% 71% 62'110 61% 74'11. % first to third order streams with > 30m Natural Vea, clus Wetlands > 75% 63'!f. 44% 40% ~ 52'110 38% 4O'M. 5O'IIt WETLAND HABITAT TARGETS % Wetlands in Watershed > 10% (sub> 6 %) 12'110 .". 13% 14% I 2'110 I 12'110 s-. Amount d Vegetation Mean Width (m) > 240m 165 122 184 I 104 I 69 I 137 275 Note: Below Target Meets Target Difference Between 1982 and 1998 Results bv Watershed Sturgeon Hog Upper Lower MacDonald Wye Copeland FOREST HABITAT TARGETS River Creek Wve Wve Creek River Creek % Forest CoYer 5% .". 2'110 5% 2'110 3'110 4% Size 01 Largest Patch (Ha) 170 36 -7 173 19 173 -20 % Forest > 100m 1rcm Edoe 3% s-. 1% 4% 1% 2'110 : -2'110 % Forest> 200 m from Edoe 2'110 2'110 0% 2'110 .O'JIo 1." -2'110 RIPARIAN HABITAT TARGETS % first to third order streams with Natural Yea. 8." 11% 10% 13% 12'110 11% 12'110 % first to third order streams with > 30m Natural Veg, 5% 10% 3'!10 8% .O'JIo 5% 10% % first to third order streams with Natural Yea. olus Wetlands 6'!fo 7% 8% 12'110 12'110 12'110 11% % first to third order streams with > 30m Natural Voo, olus Wetlands 4% 8% 3% 8% 0% 0% 9'!1. WETLAND HABITAT TARGETS Amount d Veaetation Mean Width 1m) 36 51 12 14 -2 11 103 Sturgeon Hog Upper Lower MacDonald Wye Copeland River Creek Wve Wve Creek River Creek Area (Ha) 9813.0 6168.0 12130.7 6436.6 2620.9 21188.3 2412.4 Negative value indicates decrease Positive value indicates increase Zero value indicates no change 0-0%. indicates small decrease 12 . , 46 - /1 Delisting Severn Sound as an Area of Concern Discussion notes for review of use impairment: draft October 1, 2001 x) beach closings Delisting Objective: To swim virtually anywhere in Severn Sound (water use goal o/the Severn Sound RAP) To meet current provincial objectives for water clarity, pH and bacteria indicator (E. Coli): Geometric mean E. Coli density: <100org./100ml. Secchi disk visibility: > 1.2m Algae densities: <5ug/L (mean ice-free period as chlorophyll) Rationale: The rationale for assessing the bacteriological quality of of swimming areas has been outlined in the Beach Management Protocol (Ministry of Health 1992) and in the Provincial Water Quality Objectives (Ministry of the Environment and Energy 1994). These guidelines and objectives recognize E.coli as the most suitable and specific bacteriological indicator of fecal contamination. The Beach Management Protocol recognizes that recreational quality of swimming areas may also be adversely affected by several other factors: · the presence of potential sources of contamination such as discharges of streams urban stonnwater, sewage treatment bypasses, combined sewer overflows, waterfowl or bather load · the presence of hazardous or infectious materials or conditions that may produce abnormal physiological responses in humans (high temperatures, pH outside the range of 6.5-8.5) · the presence of nuisance algae, especially blooms of blue-green algae · poor water clarity that results in inability to see to the bottom in the swimming area in a depth ofless than 1.2 m Monitoring has been carried out by the Parks Canada, Health Unit, municipal and SSRAP staff since 1987. Aesthetic conditions were monitored as part of the SSRAP open water monitoring program and in response to complaints over nuisance algae. Indicators used in Severn Sound: 1. Geometric mean ofE.coli samples taken according to Health Unit Protocol 2. Aesthetic conditions due to algae densities> 5ugIL chlorophyll - leading to matting of hair, bad odour and poor water clarity for safety (<1.2 m SDV) 1 4b " 16 3. Consideration of sources of bacterial contamination (urban storm discharges, non- point sources in streams discharging near swimming areas, pleasure craft discharges) impinging on swimming areas Current Status: The quality for swimming has met the Provincial Objectives at the majority of swimming areas monitored in Severn Sound over the past twelve years (Mayrand et al. 2001 see map of swimming areas in Stage 2 Report). Aesthetic conditions due to nuisance algae growths have improved in Penetanguishene Bay and other areas so that impairment due to nuisance algae and poor clarity has been restored. Attached algae and zebra mussels have recently (since 1994) made wading aesthetically undesirable along some shorelines of Severn Sound. , The relationships between factors influencing bacteria counts in embayments at more remote areas such as Beausoleil Island and Honey Harbour swimming areas were investigated by Bilyea and Sherman (1990). The degree of shelter from the wind (or fetch) was inversely related to the geometric mean bacteria count. Since some of the sheltered embayments receive significant pleasure boat use, and little other use, pleasure boat discharges may be adversely influencing the quality of these bays in the north shore of the Area of Concern (Beak 1989, Seyfried, et al. 1997; Schieffer 1999). Monitoring of four poor exchange bays by Parks Canada staff from 1997 to 2000 has shown less than 2% of sampling days exceeded a geometric mean of 100 orgs.ll00ml (Mayrand et al. 2001). The Coldwater River wharf is not considered a typical swimming area in Severn Sound as it is downstream of the community of Cold water in a slow moving portion of the Coldwater River. Despite postings by the Township of Severn and repeated warnings by samplers, children continue to use the wharf as a "swimming hole". It is unlikely that the site will ever meet the Provincial Objectives even with pristine upstream conditions in the River. Monitoring at the wharf from 1998 to 2000 has shown 91 % of sampling days exceeded a geometric mean of 100 orgs.ll00ml (Mayrand et al. 2001). The subwatershed draining to the vicinity of Pete Peterson Park was investigated as part of the SSRAP Urban Stormwater Strategy (Mattso~ et al. 2000). Urban stormwater was shown to impinge on the beach during a rain event. Modelling indicated that a storm of greater than 20 mm would result in high counts impinging on the beach within two hours following the onset of rain. The urban stonnwater discharge could have also been augmented by the effect of the sailing club mooring basin that receives the discharge prior to the beach. Routine beach monitoring of this swimming area from 1997 to 2000 has shown 9% of sampling occasions exceeded a geometric mean of 100 orgs./l00 ml (Mayrand et al. 2001). The GFC campground beach will occasionally be impinged by the discharge of Hogg Creek which contains rural runoff and elevated bacteria counts (Cayley 1996). Source control within the 2 1b -' jb watershed is ongoing. However, even a fully naturalized stream discharges could carry elevated E.coli counts to adjacent swimming areas on occasion (Riedel et al. 1997). Monitoring :ITom 1997 to 2000 has shown 22% of sampling occasions exceeded a geometric mean of} 00 orgs.!} 00 ml at this swimming area (Mayrand et al. 2001). The following recent po stings have been made: - All swimming areas in Georgian Bay Islands National Park (Beausoleil Island) are posted "swim at own risk". Monitoring of the most sheltered embayments continues to have results that meet the Provincial Objectives. Swimming is encouraged at ThfCA Camps on the Island. - The wharf downstream of Coldwater is posted ''No Swimming Contaminated Water" by Township ofSevem. - Pete Peterson Park beach was posted on two occasions during the summer of2000 at the request of the Health Unit. This means that the routine, weekly geometric mean E.coli for 5 stations, and subsequent re-sampling within 24 hours, exceeded 100 orgs.!lOO ml for the area. Riedel et al. (1997) point out that bacterial quality due to a combination of the above mentioned factors can result in occasional exceedances of the geometric mean E.coli at swimming areas. In Severn Sound, the weekly monitoring can result in occasional exceedances at about 5 to lO% of the sampling dates. The quality of the swimming areas within Severn Sound was generally satisfactory with respect to the Provincial Protocol. Exceptions are sheltered swimming areas receiving occasional discharges of urban storm water or areas influenced by stream discharges that may have elevated levels of fecal contamination. Actions to be completed: - Public wharf downstream of Coldwater - continued non-point source control in Coldwater River watershed - continued urban storm water and sewage bypass control in community of Coldwater - Pete Petterson Park - storm pond at the Vindon Street Outfall (called for as part of the SSRAP Urban Stormwater Strategy) to aid in protecting the Pete Petterson Park swimming area - repair and maintenance of the reservoir area (an area upstream ofthe Park that retains flow in a small watershed. - GFC Campground - continued non-point source control in Hogg Creek watershed - subwatershed planning - Georgian Bay Islands National Park swimming areas - information on the effect of pleasure craft discharges for education of boaters using sheltered, poor exchange Bays, - inspections of pleasure craft sewage systems by MOE 3 4b /17 References: Bilyea, R.W. and Sherman, R.K. 1990. A review of Georgian Bay Islands National Park bacteriological sampling program. Technical Report prepared by the Ontario Ministry of the Environment for Severn Sound RAP. Cayley, J. 1996. Severn Sound RAP Clean Up Rural Beaches (CURB) Program Annual Report (April 1, 1995 to March 31, 1996). Severn Sound RAP Technical Report. Mattso~ A., Li, J., Shennan, K. 2000. Urban stonnwater management strategy for the Severn Sound Remedial Action Plan. Water Qual. Res. J. Cana~ 35(3):475-488. Mayrand, K., Mayrand, A., and Cayley, J. 2000. Severn Sound Swimming Water Quality Summary, 1999-2000. Severn Sound Remedial Action Plan, Technical Report, in prep. Ontario Ministry of Health. 1992. Beach Management Protocol. Public Health Branch report. Riedel, D., Tremblay, N. and Tompkins, E. (eds.). 1997. State of knowledge Report on Environmental Conmtaminants and Human Health in the Great Lakes Basin. Chapter 12 Great Lakes water quality health effects associated with microbial contaminants. pp. 227-255. Health Canada Report ISBN 0-662-26-169-0. Seyfiied, P.L., Choi, C.K. and Zhou, R.H. 1997. Factors affecting fecal coliform concentrations in water and in sediment at various geographical locations on Georgian Bay, Ontario, Canada. Ecosystem Healt~ 3(2):107-114. Schieffer, K. 2001. Water Quality Monitoring Report 2000 - Township of Georgian Bay. Unpublished Technical Report. 4 . \ A.BLE. 1 drafl. october 2001 51 A IUS Of oeJECll\1ES fOR OELlSilt<G SE\lERt< SOUt<O AS At< AREA Of COt<CERt< 2.00'\ S11\\US S1RI\1EGY fOR MEE1\NG scttEOU\..E fOR OE\..\S1\NG USE \MPI\\RMEN11 OE\..\S1\NG 08JEC1\\1E 08JEC1\\1E RES10RI\ "ON I\CH\EVEO? WI\h the continued Implemen\a\IOn ot Mart trom the tormal. \emporal1 posting ot . con\lnued oon-poln\ source con\rol Beach closings i 0 meet current provincial _ continued ul'ban storm we\er con\rol programs tOf f\,\ra\ non-poln\ source and x) the beach a\ pete peterson par\(. during urban s\OrrnwaW swimming quality shOuld objec\W6S tor waW c\arIW. pH 2000. the qualiW ot the swimming areas especiallY aMP Implemen\a\IOn conllnue \0 meel ob\ec\\ves. minimizing the '{ES and baclerla Indicator {E,CoII): wl\hin Severn Sound was sa\isfaclOI1 and . ongoing seWage bypasS and CSO oA,monllorlng days exceeding objecllves. Geomelric mean E. coli densiW', me\ the provlncia\ Objectives tor bacteria. conlrol <100 Of9.l100ml. organlz.ed swimming areas monitored . education of boaters on eftec\ ot secchi dis\(. vlsibllilY: :> 1.2.m exceeded lhe E.coll ob\6c\ive on 2 10 22 oA, ot pleasure crail discharges in shellered Algae densities: <5uglL {mean Ihe mon\\oring da'J& tram 1997 102000. bays and pleasure boal Inspecllons ice-free period as chlorophyll Moniloring shoWed Use impairmenl due 10 . conllnued moollorlng open water algae blool'l\S and poor clarllY have improved and noW meel lhe Beach protection prolOCol. Allached algae and z.ebra mussels have recen\lY {since 1994) made wading aeslhelicallY undesirable along some shOrelines of Severn Sound. ~ , c:Xj 5 46 //1 Table 2: Status of Index Swirrming;Areas in Severn Sound 1987:'2000' I~ River GawleyPark " 0/8 0/7 0/5 013 016 NO 0/5 0/12 0/13 NO 1/9 0/10 1/11 0/11 " Petterson Park. -, NO NO NO NO 0/4 0/2 017 2/12 1/13 3/14 1/10 0/10 0/11 3/13 Patterson Park' , 1/9 116 0/5 1/4 1/3 0/1 317 2/12 0/13 0/2 0/9 1/10 0/11 0/11 II HogRiYBr GFC Trailer Park 517 1/6 1/4 0/5 013 NO 1n 2/12 0/13 NO 3/10 3/11 1/11 3/14 M::KenziePark 6/8 3/7 1/4 1/4 1/3 1/2 4/8 2/12 1/13 0/2 0/9 0/10 0/11 0/11 Sturgeon River Waubaushene I CoIdv.e#er River I CoIdwater Town Dock I Penetang Bay Wa1MfrontPark 1/3 NO NO 1/3 2/7 1/5 1/6 NO 0/6 1/3 0/5 0/4 1/8 0/4 HuroniaPark 013 NO NO 0/3 0/7 0/5 0/6 NO 0/6 0/2 0/5 0/4 0/8 0/3 BayfieldParlt 0/3 NO NO 1/3 0/7 0/5 2/6 NO 0/6 0/2 0/5 0/4 0/8 013 I Beausoleil Ojibwa Bay 4/4 1/4 6/9 14/30 15/37 4126 1/29 1130 1/27 1/19 0/21 1/19 0/20 0/9 / S/lInd Chimney Bay 0/4 0/4 1/8 0/3 0/4 0/21 0/29 0/30 0/27 0/19 0/21 0/19 0/20 0/9 Frying Pan Bay (nol1h) 0/4 0/0 4/6 11/30 15/37 1/26 1/29 0/30 0/27 1/18 0/21 0/19 1/20 0/9 Frying Pan Bay (sooth) 1/3 1/4 7/9 13/30 16/37 0126 0/29 0/30 1/27 0/17 0/21 1/19 0/19 0/9 Lost Bay 1/4 0/3 4/8 6/30 14/36 2/26 0/29 0/30 1/27 0/19 0/21 0/18 0/19 0/9 Severn Sound Inland Public Swimming Areas I Bass Lake Bass Lake Public NO NO NO NO NO 2/4 NO 0/5 0/5 1/3 0/13 1/3 0/11 0/11 (North River) Beach Bass Lake Boat NO NO NO NO NO NO NO NO NO NO NO 0/2 0/8 0/10 Launch Bass Lake Provincial NO NO NO NO NO NO NO 0/9 0/12 0/10 0/11 2/11 NO 0/9 Park Utile Lake UttIe Lake Park NO NO NO 1/13 0/10 0/6 1/4 0/4 0/5 0/10 0/9 3/10 The indicator organism tested for by the Ontario ProvinciaJ HeaJth laboratory changed trom Faecal coliform to Escherichia coli as part of the Ontario Ministry of Health 1992 Beach Mamgement Protocol. The irnpaiITIJ:nt level ofirxiicator organism remained 100 coUlts per l00rnL of sample. Prior to 1993, Faecal colifonn bacteria was used as the indicator organism ND = No data available 6 -' -..... - - -.. -' - - ~ - -... - - Severn Sound RAP - /<1 LEGEND C:J Wetland (!) Beach Monitoring Station IV Drainage System N Road Network '.; Lake 1 o 2 Kilometers I- -. J ",.". ... - - ~ .. ,~ .II ~"',1,-' ~t ~, '<~ ~ .- GEOf\GWt O~'i \ 1<.11'" ooacn 'l 50",100 1'0101 3 c,..eo"'.,ood Ooten 4 e'.......'" O.lICh ~ - -~ ,--' Ct!'o tfC/ -1* !l4}- HOG n.a. 'i '2& GFC 1'101'01 pa!ll 21 tkl<o"tI.po.ll 28 CI'/".IOeaeh '29 Su,,"\ Ooten Ov,USOlE'l'S\Jo.tI( 34 wo,.,,,I,,. a..d' :IS C."IO""'" "'o,,d , 1 38 e,u"" 31 1'oby 38 Thumb po'''' 39 touch $oil'" 40 WO.,ol<o'o 4 \ S o.,dplP" 4'2 ~.Ca\>b4 Oed<. 43 O\I'>""Y 90y H 00'" eom\l9tOU'" 4S Chlm"oy 8.Y 411 eloboll'{ Pol." 41 Lhl'o 000 48 Godo"" 49 ChoIr{ 1'01"1 50 fr{lno PI" e.y So SI fl'1\no POll O.y No 52 \-Io.,.yRlOO" eoY E 53 \\o".YRlOO" eoY VO OEJI<USOLEIL ISV.NO \ 54 lO'\ O.y ss eo" f\oc" s& 60"0 blond 51 cedI! 51"'''9' COm! u.A.S S If',KE 58 Plovlnel,1 I' ,!II 90' 59 2nd co"e, lIolICh 3 0f\1' If',KE 80 FIo..t.ledo.,\t comRlunllY p,!II S1\.lRGEoN6^'( 30 eat",.\\,OttCh 3\ S,u~tO" O.,ch '32 Cai1\P tl..",u,," 33 w,ubou.hO"o . .",r- ,,7 5w\mm\ng areas \n r".,....., .nn ..:s; G \ ~ 4-0 ~ /Jd-. Delisting Severn Sound as an Area of Concern Discussion notes for review of use impairment: draft October 1,2001 viii) eutrophication Delisting Objectives: OPEN WATER QUALITY 1. The ice-free mean total phosphorus concentration in the open waters of Severn Sound should be less than 15 uglL and 20 uglL in Penetang Bay. 2. The ice-free euphotic zone phytoplankton density, as indicated by chlorophyll q , should be less than 5 ug/L and 7 uglL. 3. Water clarity as indicated by mean ice-free Secchi disc should be greater than 3m. 4. Rooted aquatic plant distribution in Penetang Bay should increase by 30%. Other areas of Severn Sound should maintain the same coverage. 5. Minimum bottom water dissolved oxygen concentration should be greater than 5 mglL unless the shape of the lake bed results in a natural localized oxygen depletion (eg. North Bay). SOURCES 1. 2. 3. 4. Sewage plants in the Severn Sound AOe to meet effluent total phosphorus concentrations and loading objectives outlined in the Severn Sound RAP Stage 2 Report (Table 4.1). Sewage bypassing and combined sewer overflows to be virtually eliminated Urban stormwater discharges to be decreased by 20%. Watershed inputs to Severn Sound should have total phosphorus concentrations of less than 0.030 ug.L and loadings decreased by 20%. Private sewage systems to be upgraded where faulty of substandard. 5. Rationale: . OPEN WATER Cultural eutrophication has affected Severn Sound, including Penetang Bay, since the 19605 (Veal and Michalski 1971). Problems associated with eutrophication such as nuisance algal growths and changing fish communities have adversely affected recreational uses of the Sound despite efforts at improvement oftreated sewage effluents (Nicholls et al. 1988, Severn Sound RAP 1993). 1 40/)3 Phosphorus, especially from high concentration sources such as sewage plants, has been identified as a key nutrient controlling the growth ofphytopIankton in Penetang Bay as in many areas of the Great Lakes and inland waters (Nicholls and Heintsch., 1992; Nicholls et al. 1977). Relationships have been described between phytoplankton biomass and total phosphorus concentration in nearshore areas of the Great Lakes (Nicholls et al. 1986; 1988). Reductions in open water phosphorus concentrations through source control can be expected to reduce phytoplankton biomass and reduce nuisance algae conditions and to change trophic status of open water (Nicholls et al. 1988, Dillon et al. 1996). The open water quality objectives are based on trophic state indicators associated with a mesotrophic or moderately enriched water body. The improved clarity expected in Penetang Bay, a relatively shallow Bay, would result in a 30% increase in the area of the lake bed exposed to sufficient light penetration. Trophic state infonnation from other ecosystem components such as phytoplankto~ zooplankton and benthos should be integrated with nutrient and c.la1:ity measurements (see use impainnent sections vi and xiii). Phosphorus in the watersheds draining to Severn Sound represents both a source of nutrient to the Sound and a measure of enrichment of the stream itself. Control of phosphorus concentration in the streams flowing to Severn Sound is aimed at improvement in the quality of the stream during low flow or base flow periods (approximately 90% of the time). During the higher flow events such as spring freshet and other stonn events it is expected that total phosphorus concentration will increase with erosional runoff and will represent a major portion of the load from watersheds. The watershed remedial actions in Severn Sound were aimed at both control of discharges that influence the stream quality during low flow and also control of sources of phosphorus caused by erosion to improve low flow quality and to reduce loadings. The Provincial Water Quality Objectives (MOE 1994) indicate that to eliminate excessive plant growth in rivers and streams total phosphorus should be below 30 ug/L. Indicators used in Severn Sound: OPEN WATER A long-tenn open water monitoring program has been used in Severn Sound since 1973 to collect samples at a series of open water stations representing various bays within Severn Sound (Severn Sound RAP 1993). Euphotic zone composite water samples are collected for chemistry including total phosphorus and Chlorophyll g as well as phytoplankton. Profiles of temperature and dissolved oxygen are also taken using a YSI meter. The sampling program collects samples on a bi-weekly basis through the ice-free period of the year at approximately 10 stations. . TRIBUTARIES A flow weighted sampling program (more samples during higher flows with a minimum ofbi- weekly) for long-tenn stations in the Severn Sound watershed selected to represent river mouth quality and in-stream quality. Samples are collected as grab samples for chemistry including total phosphorus. Flow stations operated by Environment Canada are use to estimate loads and to 2 4b ~Ji determine low flow sample dates. Current Status: Phosphorus control actions are substantially complete with continuing action on watershed sources and urban stonnwater. Major reductions in phosphorus sources from sewage plants took effect starting in 1994. Loading targets for nine sewage treatment plant effluents are being met. Phosphorus loading based on at-project estimates for rural non-point source projects and stream. fencing projects has been substantially reduced. Load reductions at stream mouth monitoring stations have not taken effect in most cases. Estimated urban stonnwater loading reductions have reached half of the 20 percent target called for in the RAP urban stonnwater management strategy (Mattson et al. 2000). Shoreline private sewage systems, originally inspected through the RAPIMOE Project have been upgraded where required. There remain other systems that have been previously found faulty, that will require ongoing remedial action. Older, more densely developed sections of shoreline on private sewage systems are presently under review by municipalities for ongoing remedial action. Open water trophic indicators total phosphorus, chlorophyll ~ and Secchi disc are being met (Figures 1,2,3) following substantial completion of source controL Stream low flow total phosphorus concentration objective is being met in streams with the exception of the Wye River and Hog Creek. Possible confounding of improvements due to phosphorus control because of zebra mussel infestation (peaking in 1994-95) has been investigated using a regression model (Todd and Shennan in prep., Figure 4). Strategy for Meeting Objective: Continuation of annual monitoring program is proposed to confirm improvements. Continued source control in watersheds and in urban areas. Stream monitoring should continue to determine trends. References Dillon, P.l., K.H. Nicholls, W.A. Scheider, N.D. Yan and D.S. Jeffries. 1986. Lakeshore capacity study: Trophic status. Ontario Ministry of the EnvironmentlMinistry of Municipal Affairs Report. Dillon, P.l., R.A. Reid and H.E. Evans. 1993. The relative magnitude of phosphorus sources for small, oligotrophic lakes in Ontario, Canada. Verh. Internat. Verein. Lirnnol. 25:355-358. Gernza, A.F. 1995. Spatial and temporal water quality trends in Severn Sound, Georgian Bay since the introduction of phosphorus control guidelines: Nutrients and phytoplankton 1973-1991. Water Quality Res. J. Canada. 30(4):565-591. MOEE. 1994. Provincial Water Quality Objectives. Ontario Ministry of the Environment and " :J ./ *b-J-j Energy ISBN 0-7778-3494-4. Nicholls, K.H., E.C. Carney and G.W. Robinson. 1977. Phytoplankton of an inshore area of Georgian Bay, Lake Huron, prior to reductions in phosphorus loading. J. Great Lakes Res. 3:79- 92. Nicholls, K.H. and E.C. Carney. 1986. Nitrogen and phosphorus limitation to phytoplankton in the Bay of Quinte and implications for phosphorus loading controls, pp 139-144 in C.K. Minns et al. [Ed.] Project Quinte: point-source phosphorus control and ecosystem response in the By of Quinte, Lake Ontario. Can. Spec. Pub!. Fish. Aquat. Sci. 86: 27Op. Nicholls, K.H., G.W. Robinson, R. Taylor and E.C. Carney. 1988. Phytoplankton and phosphorus in southern Georgian Bay, 1973-1982, and implications for phosphorus loading controls. Hydrobiologia 163:85-93. Nicholls, K.H. and L. Heintsch. 1992. Short-tenn changes in "caged" phytoplankton at three locations in Severn Sound, Georgian Bay, Lake Huron. J. Great Lakes Res. 18(1):3-10. Todd and Shennan 2001in prep. Recent changes in phytoplankton corresponding with nutrient load reductions and zebra mussel establishment, Penetang Bay, Severn Sound, Georgian Bay. Technical Report in prep. 4 . . l' ABLE. 1 draft october 20M 51A1U5 Of OBJECINES fOR DELI511NG SEVERN SOUND AS AN AREA Of CONCERN OEUST\NG OBJECT"'E 200'\ ST~1'US STR~ TEG'l fOR MEET'NG SCHEDU\..E fOR DE\..\S1\NG USE \MP~\RN\ENTI OBJEC1",E RES10R~ T\ON ~CH\EVEO? OPEN WATER OPEN WATER . coollouallOO of aooual moollorlog REMEDIAL ACTION COMPLETE.. viii) E.ulrophlcalloO, Trophic iodicalors are beiog mel (see program Is proposed 10 cool\rm ~. TP coocenlrallOf\ <~ 5 ug/L in allacned lable aod figures) iollowiog improvemeols. ONGOING MONITORING '(ES opeo walers and <20 uglL 10 penelang 8ay subslan\lal complelloo of source conlro\. 2, Chlorophyll !!. concenlralion However. possible confoundlf\9 of .c.5u9/L In open walerS and < 7U91L Improvemef\lS wilh zebra mussel Infeslafloo. In penelang Bay 3. water clari\y 10 be SO\} >3m (or 01' bOtlOm) if\ open walers af\d >2m in penelang Bay 4. Roo\ed aquallC planl dls\rlbU\IOn In penelang Bay fOLLOW UP SOURCE CONTROL IN shOuld Increase by 30010. other areas of Severn souod shOuld WA.TERSHEOS main\aln the same coverage. 5, Minimum \)O\IOm waler dissolved o)('jgen concef\lra\lon >5mglL ,- '\,,---- -\-"'.- (~,. '---..... \ ~ 5 1 "slE \ dra1\ OdO~ ;~~NO ,,5 /'.II "REI>> Or CONCERN 51" iUS or OSJEciI'JES 1'01'. OE\.ISilNG sE\lER S1R" "n:.G'(fOR t/lEE1'NG SC\\EOU\.E rOR OaJSillIG OE\..\S1\NG oaJEC1\\1E 7.00'\ S1" 1US oaJEC1\\1E usE \W\p,.,\RW\EN1'1 RES10R" 1,oN REMEOI"\.. "Ci\Ot-l COMP\..EiE. "Ct4\E"EO'1 Ot-lG01t-lG MOt-l\iOR\t-IG 'iES SOllRCES \..oadlng targets are f1\e\ fOf nil'le sewage '\ seWage plal'l\S il'l \\\6 Sevef1\ soul'ld "OC \0 f1\eet etlluent \o\al p\al'lt eflluen\s. p\'\osp\'lOrus concen\ra~IOI'IS. and loadil'lg obiectl..,es out\lned \1'1 \\\6 se\lern sound RM) stage 2 Repon tiable 4.'\)' 2. sewage b'lpasslng and COf1\blned sewer overl\OWS to be . con\lnued soutce con\rol in \/iMall'l e\if1\ina\ed. loadings targets ate 1'0\ f1\e\ tot sof1\e watershedS and ",onl\oting ot sttea",s '3 urban stot",wa\et dlscnatges soutces Il'Icludlng urban s\or~wa\et . t t~ be decreased b'l200,o, wa\ers\'\ed sources and locallz.ed ateas 0 .4 wa\ers\\6d Inpu\.s \0 se\lern shoreline prl\la\e sewage sf.>\e",s. Sound s\'lOuld na\16 \o\al pnosp\'lOtUS concen\ra\iO~S ot less \\'\31'10.0'30 Ugt and loadIngs decreased b'l20%. \) private seWage s'ls\e",s \0 be ~pgtaded w\,\ete taul\"1 ot l substandard, I I , \ . -6 , ~ 6 (/)(/)::1 :JC- \.-00) O".:;::i ~ ~C\1-../ O-~ (/)C o Q) ~o Q..C __0 -C\10 - ~ ...... ,.:..-0 L.-r-- -z-~ oct 0... c 0 , ...-:- 0 \ I'....-.r - ~ \ \..,-,- \~ \ \~ \ " ....-:- \\ \::--"~ a; \ "",."."a:- -- \ -\~ \ .....-:- , \ .....-:- \ ~ -::- \ \_ c - (',\ \\ \\ .:t, -I: ~ ----~ ~~ \ \ ~~ ~~ ~ \t) 0 \t) 0 ocr c') ~ or- 0... \ ~ ~ - ~ _' ---r- ~ ~ ~, -< ..-...-- ~'. ~ I - ' ----::-::: - :-:: ~ ~ :,=' en -- \ ~-- -, .-::.: -- -:::: ::." ::::: ..., -::::: ~ ~ -...t>- ~ C'I _ " ~ cfJ -\ ' ~ ',-:::: -', ' ::: - F " ~ ,::;: ~ --: \2 \t) 0 \t) 0 <t c') ~ (f) CO \ \ \ \ \ \ N ~ c.. \ L-{fJ ' \ \ 0-0 !? , ~ ~en ~ \~ J -~~ \ \\ -=-- --\ - \ ".J.... ~,- \ \ i-2f~ ~~ \t) 0 \t) 0 <r::t c') ~ _~o \ -- !? - ' - r-;= \ ......-,- 'r--- ~\- ..........- ~ 1......-- ........;\-- ! _"""'I: _~cn ......- ...........,- , -------- ~ ~ -- - - ~ ------ - - - ~ ..::- -- cO - - -- --- -- ~ ~ ......-.- ~ ~- .......... ~ \ ' - ~\ \t) 0 \t) 0 ocr c') ~ ("") t- o or- o ~ o \ \?f 0 \ ~ \~ \ r-~ \ . ~ f~ \ \\ ~ - "'\- \ \ 1- -i::;;j , ~ 5,= \ \ - - \ \' ~ ~,-=- \ -;:", j-::. \ \ -, -'- \ --,~ \ I~- ~ ~ \ .. \t) 0 \t) 0 <t c') ~ ...... co Q) r p4 ~5 ~O-l. 50-:;,';, ~,~\\I\\\\\~' 73 82 91 '00 '\5 ~f\f\ua\ C\I\oro?\I'1\\ a COf\cef\trat\Of\S (iIg/L) p'\ . BS ::S C 5 -I\\~\~\r\\~\ 5J\,\,\\\\\\\\\\i~'~;'\\ 50~\~\~~ o -W~,,-m~@'~'''' 82 91 '00 73 82 91 73 82 91 '00 73 pM2 ~5 ~ 5 ---- _ '\0 '\5 ----- __ '\0- '\0 iear . ' ~ ,.-..... ~E '- .............. ~..c UQ. '-0) 20 ro S~ roU :::JO) cCf) c <( (f) co ~:?f! I I I ' o 9 ~ Q') I N !~': I co , I , I , I 1= 1- ~ I N ..... 0 L.(") -q- ("") N ~ CL o 9 ~ Q') "'I J 1 11 .."IiIi ~-- N R.~ CO II C"J r- L.(") -q- ("") N ..... 0 0 0 0 ~ 9 ..q- 0 ~ 0 ~ CL 0- I 1= ..... ..... ..... Q') Q') Q') ~ ~ t= CO I ill I >- 1= I N N 1= N I I CO CO CO I 1= I : C"J ("") C"J r- r- I I r- eD L.() -q- C"J N ~ 0 L.(") -q- C"J N ..... 0 L.(") -q- ("") N ..... 0 - ..J - '" E .s 4 (J) E ::J "0 > Ji 3 c: o ~ c: ~ 2 .9 >. ..c: a.. 6 5 1 - Measured -+- Modeled . .. -e... Predicted lfb - 3/ ! '., I I . I ' I ..................j.... ....... j o 1984 1986 1988 1990 1992 1994 1996 1998 2000 2002 4 Figure 1;: Phytoplankton biovolume in Penetang Bay from the 1986 to present. Predicted values are generated from a linear regression of phytoplankton biovolume with sewage treatplant plant phosphorus loading (R2 = 0.103). Error bars represent the standard error of the estimate from the regression equation. :::: ~., '4dll~~~llM~ll 1970 1975 1980 1985 1990 1995 2000 0.20 I 0.20 Ml IPM2 0.15 0.15 0.10 . II 111111,11111111 :::: 0.05 0.00 1.1 ..T....T....T....T----T----T. 0.00 1.1 ..T....T.~..T..~.T....T----T. 0.00 1970 1975 1980 1985 1990 1995 2000 1970 1975 1980 1985 1990 1995 2000 1970 1975 1980 1985 1990 1995 2000 Year 0.20 P4 I 0.15 0.10 0.05 0.00 I I I I I I I 1970 1975 1980 1985 1990 1995 2000 0.20 PI I 0.15 0A:;:Uual Total Nitrate (mg/L) Midland 0.20 BS 0.15 0.10 ~ \ ~ ~ 0.05 100 --, Il (7,~ ",,1'1:- (; P4 u. Annual TN :TP 80 -' 60 40 20 0 I I 1975 1980 1985 1990 1995 2000 70 60 I PI 50 40 30 20 1111111111 ~ Midland 10 0 I I 1975 1980 1985 1990 1995 2000 70 70 70 60 Ml 60 PM2 60 J BS 50 50 50 40 40 40 30 30 30 20 20 20 , ~' 10 10 10 0 0 \ 0 G-J 1975 1980 1985 1990 1995 2000 1975 1980 1985 1990 1995 2000 1975 1980 1985 1990 1995 2000 ~ Year ~ 4b~Yf Delisting Severn Sound as an Area of Concern Discussion notes for review of use impairment: draft October 1, 2001 vii) Restrictions on Dredging activities Delisting Objective: To meet biological and chemical guidelines/or sediment quality such that there are no restrictions on dredging or disposal activities attributable to polluted sediments. Rationale: The Provincial Sediment Quality Guidelines (1997) provide a rational for assessing.an area that may be contaminated prior to dredging proposals being carried out. The first phase of the assessment is to detennine sediment quality of bulk sediments to be dredged and compare the levels found to the Sediment Quality Guidelines. If sediment bulk quality exceeds the Severe Effect Level then additional assessment of the sediment in that location is required including assessing potential for uptake into biota and toxicity of the sediment to appropriate sensitive indicators. The open water deposition areas of Severn Sound were sampled and bioassessment was carried out on the "worst-case" locations - those with fine organically rich "IIUJd"(Krantzberg and Shennan 1995). Many of the same concerns for uptake by sport fish and other indicators of contaminants have been considered for the use impairment i) "Restrictions on fish and wildlife consumption" (see above). Contaminant levels at some locations may exceed Guidelines due to the fine-grained, nutrient-enriched nature of sediments in ernbayrnents. However, no significant toxicity effects were noted even at "worst-case" sites. The normal disposal practice for dredged material continues to be dry land disposal with the applicant responsible for assessing the waste quality prior to disposal. Localized conditions of sediment contamination could exist in nearshore areas not covered in the open water sampling (eg. Outfall off the former Mitzubi shi plant site). If dredging is proposed, these areas should be assessed for sediment quality prior to the work. Restrictions on dredging for the protection offish habitat have also been put in place by the DFO and MNR Mitigation of adverse effects involves timing of the work to avoid fish spawning and nursery periods and measures to control of the release of sediment to the surrounding waters. Indicators used in Severn Sound: 1. Provincial Sediment Quality Guidelines (persaud et aI. 1992) were used to assess bulk sediment quality of surficial sediment trom the deposition areas of Severn Sound. 1 tj6/Zfj 2. Bioassessment protocols of Bedard et al. (1992) were used as outlined in Krantzberg and Sherman (1995). 3. Benthic invertebrate cOImm.m.ity structure was also determined as part of the assessment of sediment toxicity. (Reynoldson and Day 1998, Ciborowski et al. 2001). 4. The presence of active sources contaminants was addressed under Restrictions on Consumption (see above). Current Status: In general, contaminant levels in Severn Sound open water deposition sediments were near or below the Lowest Effect Level (LEL) of the guidelines (see Table 3 of Section i). At some locations especially in Penetang Bay the Severe Effect Level was ,exceeded due to the fine-grained, nutrient-enriched nature of sediments in Bay and due to historical industrial sources. However, no significant toxicity effects were noted even at "worst-case" sites. The normal disposal practice for dredged material continues to be dry land disposal with the applicant responsible for assessing the waste quality prior to dredging. Actions to be completed: - continued review of dredging projects 2 USE IMPAIRMeNTI RESTORATION ACHIEVED? \Iii) TABLE 1 DRAFT OCTOBER 1 2001 STATUS OBJECTiVes FOR DELISTING SEVERN SOUIIID ~ AN AREA OF CONCeRN 2001 STATUS . ....'.:...... '.' \"":":',,' ::-'.. STRATEGY FORMEIITIN~ OBJ!;gTIVE Restrictions on dredging I To meet biological and chemical guidelines br YES sediment quality such that there are no restrictions on dredging or disposal actMties attributable to polluted sediments, Open water bulk chemistI)' of sediments has been assessed against the Sediment Quality Guidelines. Even In br. IMJI'St case' sites, where the Severe Effect Level ie exceeded, further bloassessment showed that the sediments were non-toxic and were not available for uptake in test organisms. - continued assessment 0' localized areas proposed br dredging should Include bulk chemistl)' and bloassessment If the chemlstl)' Indicates the need. 4 REMEDIAL ACll0N COMPLETE, ONGOING ASSESSMENT ~ , ~ ~ 4b~?)2 Delisting Severn Sound as an Area of Concern Discussion notes for review of use impairment: draft October 1,2001 vi} degradation of benthos Delisting Objective: 1. To reach appropriate benthic community targets and ecosystem objectives for Severn Sound 2. For the interim, to have benthos characteristic of mesotrophic conditions throughout Severn Sound a. to maintain and enhance presence of the mayfly" Hexagenia as an indicator of ecosystem health. - b. to have a sludge worm density, especially Limnodrilus hoffmeisteri, less than 3,OOO/rrt in all locations. 3. Absence of acute and chronic toxic effects on benthos attributable to trace metals or organic chemicals in sediments throughout Severn Sound Rationale: OPEN WATER Developing models and multivariate techniques for assessing impairment of Great Lakes benthos community structure is an ongoing process. In the Great Lakes nearshore deposition areas the model of Reynoldson et al. (1995) has been applied to Georgian Bay and to Severn Sound in particular (Reynoldson and Day 1998). Hexagenia is used as a sensitive test organism for sediment bioassays (Bedard et al. 1992, Persaud, et al. 1992). The presence of healthy populations in appropriate sediment conditions in the Great Lakes has been used as an indicator of ecosystem health and recovery from nutrient enriched conditions (Schloesser et al. 2001). High densities of pollution tolerant tubificid wonns (eg. 1. hoffmeisteri) indicate nutrient enriched conditions. The presence oftubificid worms in the absence of other biota may indicate the presence of toxic concentrations of metals or other contaminants in the sediments. Sediment bioassessment protocols call for multiple lines of evidence, with both acute and sublethal test organisms and bioavailability testing of sediment to assess sediment toxicity (Krantzberg and Sherman } 995). Sediment in enriched waters can also be toxic to benthos through accumulation of products of anaerobic decomposition in the interstitial water such as ammonia and hydrogen sulphide following depletion of dissolved oxygen concentration (Charlton in prep.). 1 Jfb ~ 31 TRIBUTARIES Stream benthic connnunity composition has long been used to assess stream quality and recovery following remediation (Hynes 1960; Cairns 1974, Hilsenhoff1977, 1988). More recent assessment of benthic community structure in streams has made use of more powerful statistical methods of comparison (Hilsenhoff 1988; Rosenberg and Resh 1993; Resh 1995; Yoder and Rankin 1995; Kilgour et al. 1998; and David et al. 1998). The approach taken in Severn Sound has been to rely most on qualitative collection methods to determine presence/absence of benthic macro invertebrates (identified to as Iowa taxonomic level as practical) at a number of sites across the watershed and to collect quantitative samples using aT-sampler at selected sites that would provide indication of year to year changes due to natural fluctuations and to remedial efforts (Madill et al. 2001 in prep). Indicators used in Severn Sound: OPEN WATER 1. Reynoldson and Day (1998) have completed assessment of a method of detennining impairment of benthic corrununity structure in the open waters ofthe Great Lakes. Severn Sound area was used as a test case for 1994 data. 2. Ciborowski et al. (2001) compared benthos in 1998 and 1994 using multivariate analysis (including Reynoldson et aI. 1995 BEAST) and distribution of indicator species Hexagenia and tubificids. 3. Distribution of Hexagenia spp in Severn Sound recent sediments. 4. Distribution and density oftubificid worms, especially pollution tolerant species such as Limnodrillus and Tubifex in recent sediments. 5. Other factors such as the presence of zebra mussels, low bottom water oxygen conditions, texture or organic content of the sediments, exposure to currents and the presence of rooted aquatic plants were also taken into account when interpreting impai.nnent. TRIBUTARIES 1. Qualitative and quantitative samples of stream benthic corrununity structure at selected sites in Severn Sound have been carried out by the RAP Office since 1996. Qualitative collections are made by two people conducting 20 minute searches of habitats in a 20m stream reach using seives and forceps. Quantitative samples were collected using a "T'-sarnpler with an inside diameter of25 cm (Mackey?). Various indices of species richness, similarity and proportion of selected taxa such as Ephemeroptera, Plecoptera and Trichoptera (EPT) were calculated for each stream station sampled. 2. The Stream Assessment Protocol for Ontario (1998) with modification for more detailed benthos collection has been used since 1998. 2 ifb -46 Current Status: Benthic community structure was further investigated using multivariate techniques (Baillargeon and Ciborowski 2000 and Ciborowski et al. In press). A comparison of the 1994 pre-zebra mussel, pre-phosphorus control community with the 1998 post-zebra mussel infestation, post- phosphorus control community was also made (Ciborowski et al. In press). The BEAST model suggested that the benthic community found at stations off the Main Street sewage treatment plant outfall was stressed in 1994 but was much improved in 1998. Four of25 sites had benthic communities significantly different than expected of Great Lakes nearshore locations. But all locations were shallow and had rich communities typical of shoreline invertebrate fauna. A comparison between 1994 and 1998 was made using the BEAST model. A11locations in 1998 were similar to the reference sites. Hexagenia were found at virtually every location where appropriate habitat conditions existed. Tubificid wonns were found in reduced numbers in 1998. Twenty-two of25 locations had significantly fewer than 3,000 wormslm2. The 13 long-term stream benthos stations from Severn Sound watershed showed variation in species richness from year to year (Coldwater River (C1,C2,C3,C4), Sturgeon River (SO,Sl,S2), Hog Creek (HI,H2,H3), Wye River (WI,W2,W3)). Some sites continue to indicate degraded benthos community structure due to were considered References: Baillargeon, J. and Ciborowski, J.J.H. 2000. Benthic Macroinvertebrates in streams flowing to Severn Sound in relation to benthic community structure and nutrient enrichment: identification of specimens in samples and reference collection. Technical Report from Great Lakes Institute for Environmental Research and Department of Biological Sciences, University ofWmdsor. Cairns, J., Jr. 1974. Indicator species vs. the concept of community structure as an index of pollution. Water Resources Bulletin 10:338-347. Ciborowski et al. 2001? Benthic invertebrates as an indicator of improved ecosystem health in Severn Sound, a Great Lakes Area of Concern. Report prepared by the Dept. of Biological Sciences and Great Lakes Institute for Environmental Research, University ofWmdsor. David, S.M., Somers, K.M., Reid, R.A., Hall, RJ. and Girard, RE. 1998. Asmpling protocols for the rapid bioassessment of streams and lakes using benthic macro invertebrates. 2nd Ed. Ministry of the Environment Technical Report ISBN 0-7778-7378-8. Hebert, P.D.N., Muncaster, B.W. and Mackie, G.L. 1989. Ecological and genetic studies on Dreissena polymorpha (Pallas): a new mollusc in the Great Lakes. Can. J. Fish. Aquat. Sci. 46:1587-1591. 3 46 .; Iff HilsenhofI, W.L. 1977. Use of arthropods to evaluate water quality of streams. Technical Bulletin No 00. Wisconsin Department of Natural Resources, Madison, WI. HilsenhofI, W.L. 1988. Rapid field assessment of organic pollutin with a family-level biotic index. Journal of the North American Benthological Society 7:65-68. Hynes, H.B.N. 1960. The Biology of Polluted Waters. Liverpool, Liverpool University Press. Krantzberg, G. and Sherman, R.K Severn Sound sediment chemistry and bioassessment, 1988-1990. Water Qual. Res. J. Canada 30(4): 635-671. Mackie, G.L. 1991. Biology of the exotic zebra mussel, Dreissena polymorpha, in relation to native bivalves and its potential impact in Lake St. Clair. Hydrobiologia 219:251-268. Mackie, G.L., Gibbons, W.N., Muncaster, B.W., and Gray, LM. 1990. The zebra mussel Dreissena polymorpha: a synthesis of European experiences and a preview for North America. Report prepared for Water Resources Branch, Ministry of the Environment by B.A.R. Environmental. ISBN 0-7729-5647-2. Madill, P, Shennan, RK and Miller, S. 2001. Tributary ecosystem health monitoring program. Severn Sound Environmental Association Technical Report [in draft]. Meritt, R W. and Cummins, K W. (Eds.) 1984. An introduction to the aquatic insects of North America, 2nd Ed. KendalllHunt Publishing Company, Dubuque, Iowa Resh, V.H. 1995. Freshwater benthic macro invertebrates and rapid assesment procedures for water quality monitoring in developing and newly industrialized countries. Pages 167-177 in W.S. Davis and T.P. Simon (Editors) Biological Assessment and Criteria: Toolsfor Water Resource Planning and Decision Making. Lewis Publishers, Boca Raton, FL. Rosenberg, D.M. and Resh, V.H. (Eds) 1993. Freshwater biomonitoring and benthic macro invertebrates. Chapman and Hall, New York, New York. Reynoldson, T.B., R.c. Bailey, Day, KE., and Norris, RH. 1995. Biological guidelines for rreshwater sediment based on Benthic Assessment of SedimenT (the BEAST) using a multivariate approach for predicting biological state. Australian Journal of Ecology 20:198-219. Reynoldson, T.B. and Day, KE. 1998. Biological sediment guidelines for the Great Lakes. National Water Research Institute Report, Environment Canada Severn Sound Remedial Action Plan (SSRAP). 1989. Stage 1 Report: environmental conditions and problem definition. Toronto. ISBN: 0-7729-4702-3 4 tfb~~) Severn Sound Remedial Action Plan (SSRAP). 1993. Stage 2 Report: a strategy for restoring the Severn Sound ecosystem and delisting Severn Sound as an .AIea of Concern. Toronto.ISBN: 0- 7778-1168-5 Speller, S.D. and Pope, RJ. 1989. 1988 Survey of aquatic macrophytes and benthos in Sturgeon Bay and Penetang Bay. Unpublished Report prepared for the Ontario Ministry of the Environment by Tarandus Associates Limited. Stanfield, L., Jones, M., Stoneman, M., Kilgour, B., Parish, 1. and WIChert, G. 1998. Stream Assessment Protocol for Ontario. Schloesser et aI. 2001 J. Aquatic Ecosystem Stress and Recovery 8:125-141 - Hexagenia Horst 1976 Ecology 57:199-204 - Hexagenia Yoder, C.O. and E.T. Rankin 1995. Biological response signatures and the area of degradation value: new tools for interpreting multimetric data. pages 263-286 in W.S. Davis and T.P. Simon (Editors) Biological Assessment and Criteria: Toolsfor Water Resource Planning and Decision Making. Lewis Publishers, Boca Raton, FL. 5 , 1 ~e\.E drat\. october 200~ Si I< iUS of oeJ~CiN~S fOR D~LlSi\NG s~VERN soUND I<S I<N I<Rf/'. Of CONcERN SiR'" i~G'I fO"- 1I\~~i\NG SC\\~oU\.~ fOR o~\..ISi\NG OE\..\S1\MG oaJEC1NE 100'\ S1 ~ 1US oeJEC1\\JE USE \MP~\RMEN11 RES10R~1\ON ~C"'\E\JE01 REt.AED\J>..\. J>..c1\ON COt.Ap\.E1E. oPEN W J>..IER . additional sanw\ifl\1 is pfoposed 'Of 'Ii) Degfada\ion 0' '\ Re'lno\dSOn and Da'l {'\998) ha\l8 2002 \n se\l8rn SO\lnd \0 repeat \M ONGO\NG t.AON\iOR\NG ben\MS. ,\, 10 reach appropriate benthiC ~,..... ......"'.. '" . GL""""" '" 11\e\hOd 0' Re"jl'lo\dson and oa'l C011\11\\lniW \afge\S and de\ef11\iniog i11\paif11\en\ 0' beo\h\C {'\99&) and \0 cooW11\ \11\pfO\lemeo\s. ecos'I$\e11\ o\}\ec\i\l8S 'Of se\l8m com11\\lni\'I S\f\lC\\lf8 in \M opeo wa\ef . '{ES SO\lod, ".,..,. S.... ....... .... .. ~ "" "" ~Of '\994 data. \11\paif11\ent oo\ed \0 p",""",' S"'''''''' "'" ..~""" ...... ." ..."'" \0 ......,' "'" ""''''''. ..~""""", '" 'hO ......"" doe '0 ..........""'. 1h' ".. ....... ........... ...."'" '" ,\!\I' ",,,..' C''''',...~ (\J '" wind"')' rh' "",,_...\nII 1M .E'S! ",,,,,... indicate that the nen\hiC co11\11\\lOiW is \n trans\\iOn \0 feCO\l8f'#. fOL\'oW uP sOURCE COtllROL IN iRla\.J1 fl-R\ES . coo\in\led sO\lfCe coo\fo\ io W J>.. iERS\\EDS , . L....... """"",en' ..."""", .\\h wa\efsMds. addl\\Ooal sampling ....."'" "",CO' " 'OU"" " -~ ~ """.,,, """ S",," S.... ......""'. . 6 '\ .J ~ 6 i "ilLE d,aft Oelo"'" ZQ01 N J\N J\REI\ Of CONCE.R Si "iUS Of OaJECil\IES fOR OELISilNG SE\lERN SOUNO "S 51RA'n:,G'l fOR MEE1\NG SC~EOULE fOR OELlStlllG OEL\51\NG oeJEC1\\1E 2.00'\ 51 A 1U5 oeJEC1\\1E USE \MPA\RMEN1/ RES10RA1\ON REWiEOI,..l ,..CiION COWiPlEiE. ACH\E"E07 . addl\lonal saflWllng Is proposed tor 2. .,..""",n' ~ ...- In ,.., ".Ie.... 200'\ In Severn Sound \0 contlrm ONGOiNG WiONliORING 2. f of\ne in\erlm. \0 nave improved condl\iOnS in pene\ang ~a'l '(ES benthOS cnarac\Elrls\IC ot Improvemen\s. co",.... \0 ",_ _""",,,2. ....4) mElso\rophlC condi\lonS possli)\'J changing trom eu\rophlC \0 throughout Severn Sound. meso\rophlc conditions, 2.\,) ,..- ....""'" \1.... '02. .... '94) . u ,ot Windsor s\udles ot predlc\OfS ot la) io maln\ain and ennance . tound no HexSgeniS in most ot :ene\ang ma~\'J popu\a\iOnS shOuld be applied presence ot \\'IEI ma~I'l HexSgenlS aa'l. In '\996, HsxSgenia ma~I\e5 'Her~ \055 all an Indlca\Or ot ecos'ls\em """"" 't"" 14 ~ 2" .,- " """" nealin. ........ ". """.1>1'1 ....... \0 · ""'" \helle Insec\S, lb) i 0 have a sludge 'HOrm . 2.\0\ ,,,,,,,,,, ....,I \nil \1902. .... ~4) . no turt\16r actIon "",,,,,,,, ",b<\ICId ....\\'1 """"" \II ".. ofl dens\\'J. especiall'l LirnnodfllUS 1 ,....... II"'" ."'"' "",... D8"'.... ~ hOffrneisteri. lesll \han ',),OOOfro In \Ublticld sludge 'HOrms In '\996 'Here all 10ca\iOns. .l9nl."''''' _ ."n ,,,",, Ia'JOI' " 22 ~ 26 ,,,_ ....,.. In II" .nO .."..."" '\ 996. respec\we\'J, J \ ~ .. 1 1,,\I\..E droll oelo,,"' 200\ CO!lCERII SI"I\JS Of oaJECl\\1ES fOR DE\..\S\\!lG SE\I€.R!I SO\J!lD "S "II "REI' Of 5~If.G'/ fall 1Af.f.,.ING 5CI\f.OU\..f. foil 0f.\.15\1NG OE\..\S1\NG 06JEC1NE tOM S1"1US 06JEC1NE UsE \tA,,"\RtAEN11 RES10R"1\ON . possible repeat sampli09 to trec\<. REtAEOIM. "CiI0N COtAP\.EiE. "C\-\\E"E01 ,. ,... ""..... ""','" "." ,~ m...... ONGOING tAON\iOR\NG 3. "bseOce o~ acute aod chroniC reco\l8f'J ' '(ES and midge laN8e af\d '\994 tests \.Is\Og . to)l\C eflects on benthOS ,""""" _""" "",,,,,,, ,ao' ~ ,ab ~. a\\ributable to trace metalS or sod""'" "'....... ~~, .,-......~ '"'" organiC chemlca\S \0 sed\meots ,... ...""'" ",."'" ,.....,. ~ ,ed"""''' thro\.lghout se\l8rn Sound, ofl '^'" .... 51'. .",""" o' ...... d f\a io 2.000 pending t cnar\\OO a\ at ~ s\.l(\l8'/ 0 20M'?)' -5: , ~ l '0 '--'~p-( t. ,/ Table ~,l, Indices of benthic community structure at 13 long-term stations in Severn Sound (199,8 duplicate? T -samples per station) ( Station Species %EPT %DIP H' Mich. Hilsenhoff Richness Hablndex C1 45 68.4 11.2 2.961 119 4.26 C2 33 34.2 36.0 2.899 103 4.72 C3 36 58.3 19.4 2.345 54 5.21 C4 42 52.3 13.5 3.167 81 5.51 H1 22 9.0 48.4 1.902 72 5.24 H2 31 38.2 15.0 2.699 68 4.37 H3 27 48.0 8.5 3.316 119 4.40 W1 25 25.9 24.3 3.133 82 5.14 W2 17 11.0 33.7 1.889 93 5.07 W3 32 57.7 14.3 2.713 88 4.90 SO 26 35.6 29.4 2.444 114 5.02 S1 32 47.5 31.1 2.825 102 4.80 S2 30 44.6 11.1 3.001 120 4.38 z5 \ ~ I. ) f 1" ab\e species Richness %EP1" O/oO\P V' '\)~~' \ ,~ Ran~ed values of indices of benthiC community strUC~ure for thirteen long-term stati6"~ in severn Sound l199' duplicate? i_samples per station) H' c~ C4 C'3 C2 W'3 5~ \-\2 52 \-\'3 50 W~ \-\~ W2 45 42 '36 '3'3 '32 '32 '31 30 27 26 25 22 17 C~ C3 W3 C4 \-\3 5~ 52 \-\2 50 C2 W~ W2 \-\1 68.4 58.'3 57.7 52.3 48.0 47.5 44.6 38.2 '35.6 '34.2 25.9 1~.0 9.0 \13 52 C~ C4 W3 \-\2 C3 W1 50 51 W2 C2 \11 8.5 11.1 11.2 13.5 14.3 15.0 19.4 24.3 29.4 31.1 33.7 36.0 48.4 \13 C4 W1 52 C1 C2 51 W3 \12 50 C'3 \11 W2 3.32 3.17 3.13 3.00 2.96 2.90 2.83 2.71 2.70 2.44 2.35 1.90 1.89 C1 \-\3 50 C2 51 W2 W3 W1 C4 \11 \-\2 C3 52 88 82 81 72 68 54 120 119 119 114 103 102 93 \13 C2 51 \N3 50 \N2 \N1 C3 \-\1 C4 C1 \-\2 52 5.07 5.14 5.21 5.24 5.51 4.26 4.37 4.38 4.40 4.72 4.80 4.90 5.02 , ~- , - Hab\ndeX fj:~- " H\\senhoff 2.0 1.5 1.0 0.5 '" 0.0 (/) .~ -0.5 -1.0 -1.5 -2.0 ..2.5 -1.5 Figure 1 A Se"ern Sound benthOS community comparison of sites samp\ed in 1994 and 1998 90, 99% confidence \imits o 559/94 0 00. o o 0 a 000 o o 0 5~~iro cO 0 0 e O 0 523-98 o 00 553-98 554/94 . 000 0 o. o. . Cfi 559QO 0 554<9\1 0 0 CO 0(}J . 0 . ~-98 o 56\194 0 000 561-98 . Q2'1.98 o 00 . CO 0 · 0 0 56tJ' 052~ 00 0529-Q Cbo CA 0 0 ~ 000.00'00 00 0 0> o 8 0 o 0 54'1/94 562194 . o ..1.0 o -0.5 0.0 AX'S 1 o o Reference S\te . 1994 S\tes . 1998 Sites 523/94 . o o o o ~ 1.5 , 0.5 1.0 o 2.0 \.5 \.0 0.5 (i") (f) 0.0 ~ -0.5 _\.0 _\.5 -2.0_ \.5 S d beothOS COIOIOUOit-J figure 18 se'le~o ouo \ d iO 1994 aod 1998 olOparisOO of S\tes salOP e.. C 90, 99% coofideoce \\IO\ts 541-9\1 562-9\1 000 . "-9\1 o. o 0 0 0 56)-9\1 }rl-9b 0 . . o 80 /i/-9PO \I 0554.9() 523194 ~1-9S ~ 55~ 0 . t::::J . 01."t). 0 ~ v 0 () 00 00 0 0 0 o 5~4 0 0 0 <0 0 o ~. 0 0 d~O o 0 cR:<:;0 Q9-9\1 0 0 000 +0 0 6)0 0 0 00 o 0 ~61!24Q 0 o 0 541194 0 . (1) 0 0 0 55.4 o. 0 o 053194 0 o 5. 56'l194 . o o o 0 o 0.5 -0.5 0.0 ~\S~ _\.0 o o o o o o Retereoce S\te "\ 994 S\teS 1998 Sites -g: \.5 \ ~ \.0 -- 2.0 1.5 1.0 0.5 C') (/) 0.0 ~ ~0.5 ~1.0 ~1.5 ~2.0 ~2.5 figure 1C severn Sound benthoS conununit'/ comparison of sites samp\ed in 1994 and 1998 90,95, 99% confidence \imits o o o o~ o o ~2.0 -1.5 o 541.98 (). 98 552- 56'.... , 0 "~ 0 0 ~o .524:6\_98 o SO · 0 0 <(,.' <9 o 0 0 554-98 CD In 0,,,.91 <+ <:r A~ 0 '''~. OQ:w.~' 00 0 <P 0 d" · C{g 0 & 0 co 0..,9."190 0 0 o <DOO oU <6 8 ;P,~ g~ 0 0 ,,,J1 oar 0 @4/94 '. o 0 00 . 00 o 0 -1.0 -0.5 0.0 AX\S 2 0.5 o Reference S\te . 1994 S\tes . 1998 S\tes 1.0 1.5 ~ 2.0 \::) '\ ~ ~ ;::, ~ o~ <D "--t ='1.:2 . \/., ~-;.;~ ti '[;J r '~Q' - ~1- : '-,j\.- ... ~\<:1'\ ~ ;..,-~ l \Q ! .~ r ~ \ O'b\ . ~r:::f ( ~..!!t ~ \0..f!? 7 ',~ pf \ / ' ZJ/ \ ~ ), ~ i /I / If If i ( \ ~ (i)r ~ l'"-r.:~ "," ./ t""" . . 4b ~ 61 J:J..... ". .~ .' . . . . - p \ { ! / .~ 1 \ ~ Midland Harbour i // ~"'\. / ~ 3 Kilometers ~ . ~ j~ r:J \1 ' ~aj ;!. .... ~./, I ~ Penetang Bay ;-CF t ~ / , F/~~ ( 2 o 1 1 Legend Hexagenia . Present . Not Present CHS Chart N Shoreline / Shoal Hexagenia Nymph (Severn Sound RI'P, 1998) Midland Harbour ~' ~ v~. ,/' \\:,. 'c .: V I ~..J ',- 1; " s ." 6 ~ ',~ 3 Kilometers ~ '>\ 1 Severn Sound RAP - 1998 Benthic Study (l) , .~ ~c ~ ( O"tt\ ~ t:: ( , ~~ ~ ", 0~ ~ '\ p~ ~V ... , , \ ~ ) I~ If ~ /Y II) rf' --- \ '~ .1 ......:.._,. '-- \..~ " \ . , i ~ ~ . \ .~ J, ) -j Penetang Bay f!,<'d. .~ L .j '!~ ' ,.r=--: a3 il. fI'~ ~ J ~./} ~ v ,~ :Y~ i , \ i \ I i i ~ / ( ) / 1 o 1 2 . . = '.' c;.~ #,~ '''C:'::Q ~ ~~; . ... ~ <3,' ~ \...~.~~...~~~. . , .... "'~ . . "P._ ".. . ~:.'. ,~ . . . n I .09 ~t/~ ~ / ' , I ~ Legend Hexagenia . Present . Not Present CHS Chart I /V Shoreline / Shoal Hexagenia NyrnJJn (Severn Soood RAP, 1998) 0+ 0-2 2-4 NIA S tn P6 2-4 4,6 4-6, ! 6-8 2000 ! ...: f Stn P6 ~ 8-10 ,5 10-12 ~ 1996 . 12-14 ,2 ~ -; 14-16 e (\ 16-18 18-20 1,- , I ,.-nT"-," ,- ""~I--'-'''-' -.-, ",-,-.--, '.',' --, ,.---....-/ 6 8 10 12 14 n 2 4 6 8 10 Concentration NI-I) (mgrl) Concentralion NH } (mgl .') 0-2 2-4 E 4-6 -'!. 6-S .. S.IO ~ ~ 10-' '~ 12-1 " 14-1 ~ 16-' L; IS-2 I 0 Stn P 5 2000 I ,- C' ,.. I ' .,," , I ! 4 6 S 10 12 14 Concenlration Njimgl') Stn P4 2000 insufficient sediment for analyses ~ 1 ,II . ~ ~ Stn P3 2000 2 4 6 8 10 12 Concentral;on NH ) (roS"') . Penetangu.~hene HarboUf2 1996/2000 Ammonia 2-4 4-6 '~ 6-8 g S-IO ] ~ e Fig. 1 Stn P5 1996 Stn P7 1996 24--r-6S'--'1012-14 Concentration NU ) (mgrl) S tn PI 1996 o 4 6 8 10 Concenlralion N~(mgr') ---'-1-- '.-T--'-,-......,-..,-.-..-I---.---.r--.--, o 2 4 6 8 10 12 14 Concentration NJlmgl') n-2 2-4 4*6 S tn P2 1996 o I ' ,- , I I I 4 6 8 10 12 14 Concentralion N!(mgr') ," I ' I " I ' I . '" -, ' I o m ~ w ~ IOOIMI~IW Concentration Nj{mgl') n-2 2-4 4-6 ~ 6-8 g ~-IO 'Ii JI ~ 8 Stn P3 1996 - (,-M 11 M-IU NB: Scale on ~ v graph P2! Stn P8 1996 14 10 i'z 14 . '-'-r--4--r-~'-8-'W-J2J4 Concentralion NH I (mal .') Conccntrntwn NJI I fmg)") . 0-2 2-4. 4.6, ij' 6-8 i 8-IOjNIA i 10-12 ,U 12-'4 ':t 14-16 ~ 16-11 18-20 ,.8 Stn P7 2000 o ---2~--r~~~6-'--8WIi'~1'4 Concontmlion Nil) (mIl") ! ] i! ~ I:! 8 n PI 2000 I"'~ o 2 4 6 8 10 12 14 Concenlralion N~(m8f') ~ ~ ,6 ~ I! 8 Stn P2 2000 . r .-1 ',-,'-"1 " I.', '" ' 'I' -r-~rm_.'.,--'-"", o m ~ W W IOOlml~IW Coucentralion Nt(mgl') , C -l~';~~-' ,-. 6 8 10 ' 1 V 12 14 1)-2 2-4 _ 4.6 ! 6-1 1 I-III ,j 10-12 .I 12-t4 . 14-16 .~ 16-18 u 11-20 o Stn P8 2000 ~ Concentration NH J (mgr') , 4b'~ Delisting Severn Sound as an Area of Concern Discussion notes for review of use impairment: draft October 1 200 I i) restrictions on the consumption offish and wildlife Delisting Objective: To have no restrictions on consumption of fish and wildlife from Severn Sound attributable to local contaminant sources. Rationale: Persistent environmental contaminants can accumulate in the flesh offish and wildlife to the extent that conswnption of the fish may place people and predatory wildlife at risk oftoxic effects. More recently, the guidelines for advisories have been reviewed and revised for both mercury and PCBs as explained in the Guide to Eating Ontario Sport Fish (MOE/MNR, 2001) and in recent reviews published by Health Canada (1998). Advisories for fish consumption are developed by measuring the concentration of the contaminant of concern in a series of fish filet samples ranging in size ( and age). In 1987, concentrations of mercury at or greater than 0.5 uglg (wet weight of fillet) and PCB concentrations at or greater than 2 uglg (wet weight of fillet) were used to indicate the start ofincreasing restrictions on consumption. The more recent guidelines use a range of concentrations starting at .45 uglg for mercury and starting at 500 t}glg for PCBs to indicate the start of restrictions on consumption based on a risk assessment analysis and linear regression of length vs contaminant concentration (MOEIMNR 2001). The concentrations of persistent contaminants in fish and wildlife are contributed by general (regional or global) sources andlor local sources. Mercury is a natural element usually fotmd in the natural environment in very low concentrations. The use of mercury, even in paints and in products such as thermostats and switches has been or is being phased out The manufacture of PCBs has been discontinued and their use is also being phased out On the scale of an Area of Concern, it is important to establish the presence of any local sources of contaminants and to control them. Iflocal sources are present and available, they may result in unusually high concentrations in fish and wildlife resident in the local area. Localized biomonitors and assessment of sediment concentrations to suggest the presence or location of active sources is a commonly used approach to determine active sources of contaminants that may be present in trace or tmdetectable amounts in water samples from discharges. In the absence of any local sources, the concentrations of mercury and PCBs in fish and wildlife should reflect the general pattern for the regional populations and may be in decline with the regional-global source control programs. In order to determine the status of fish consmnption in Severn Sotmd, the trends in contaminant concentrations in sport fish, other organisms such as birds eggs, mussels or young-of-the~year fish and sediment assessment were used. 46 ,65 Indicators used in Severn Sound: For the presence of active sources or bioavailability: 1. Tissue concentrations of mercury or PCBs in young-of-the-year spottail shiners (Notropis hudsonius) 2. Tissue concentrations of mercury or PCBs in sport fish fillets - especially mercury in walleye (Stizostedion vitreum) and PCBs in carp (Cyprinus carpio). 3. Surficial sediment bulk concentrations of mercury or PCBs augmented with, where necessary, sediment bioavailability testing. 4. Concentrations ofmunicipal sewage plant sludge or biosolids 5. Other biomonitors providing evidence of potential local sources such as caged mussels (E/liptio compianta) or waterbird eggs (especially Caspian terns, Redwing blackbird e~). Current Status: .... In 1987, the sport fish conswnption advisories for the Severn Sound area were similar to other areas of southern Georgian Bay. At that time, advisories based on mercury and polychlorinated biphenyls (PCBs) were in effect in the Severn Sound area (MOEIMNR 1987). The 2001 Guide to Eating Ontario Sport Fish (MOEIMNR, 200 I) has been revised to include more recent data :/:Tom Severn Sound and has recognized the statistical similarity of southern Georgian Bay (Guide area GB4) which includes Severn Sound. Biomonitoringfor active sources of mercury and organochlorine chemicals was conducted in 1987 using young-of-the-year spottail shiners (data of Suns and Hitchin, in Severn Sound RAP, 1993, Table 2). Spottail shiner residues for mercury ranged between 11 and 40 nglg wet wt. at sixteen sites throughout Severn Sound. Penetang Bay spottail shiners were well within the overall range (11-29 nwg W.W., 16 nglg off Main Street WPCP). One site of seventeen sampled for spottail PCB residues in Severn Sound in 1987 exceeded the HC Aquatic Life Guidelines of 100 ngig (Midland Harbour 164 ng/g). Four other sites had low PCB concentrations (<60 ng/g) while twelve of the seventeen samples were below detection for PCB concentration (<20 ng/g) (Severn Sound RAP 1993). Walleye (>55cm), smallmouth bass (>35cm) and northern pike (>75cm) have advisories due to mercury contamination. Walleye samples from Severn Sound show a significant decline in mercury concentrations :/:Tom 1976 to 1989. Additional collections in 1993 and 1999 continued to show similar mercury residues to 1989. The levels ofrnercury contamination in Severn Sound walleye are similar to or lower than other areas of Georgian Bay. Levels are thought to reflect regional mercury levels rather than any local Severn Sound source (Figure 1 and 3). Carp continue to show low tissue levels of PCBs and other organochlorine chemicals (1982, 1992, 1996, 1999). Severn Sound carp are considered the cleanest fish in the Great Lakes with respect to organo-chlorine chemical contamninants. Values of PCBs for 1999 show that even large carp are suitable for unrestricted consumption (MOE data, Figure 2 and 4). 2 46 ,~/p PCBs have been fmmd in eggs of tree swallows and red-winged blackbirds, herring guHs, caspian and common terns (Martin et al. 1995; Bishop et al. 1995; Weseloh et al. 1997). Martin et al. (1995) indicated that the most sensitive indicators of local contamination in Severn SmD1d were common terns, red-winged blackbirds and tree swallows. Low or undetectable concentrations of mercury and PCBs were found in the meat of waterfowl iTom the Severn Sound area as part ofa Canada-wide survey of residues in waterfowl and gamebirds (Braune et al. 1999). These investigations indicate that although there is organochlorine contamination in meat or eggs of indicator species, the contamination is low and of a regional or basin wide nature. Additional sediment sampling since 1988-1990 collections (Krantzberg and Sherman 1995; Sherman et al. 2001) has indicated no change in metals concentrations of open water surficial sediments. The Wye River at the site of the former Mitzubishi Plant in Midland had elevated metals (based on lead and zinc) concentrations in the area immediately off the outfall (approximately 600 nr). The contaminated sediment in the localized area was excavated and disposed of according to MOE requirements. A review of mercury and other metals fa sewage plant sludge is part of the ongoing biosolids management programs of each mW1.icipality operating a sewage plant The results for the Severn SOWld area (Table 4) suggest that mercury concentrations in sewage plant sludge has generally declined, reflecting the reduction in use of mercury in industrial and household products since the early 1 990s. The information summarized above suggests that there are no new active sources of metals or PCB contamination in the Severn Sound AOC and that trends in sport fish suggest declines to low tissue residues of these contaminants. Actions to be completed: - continued review of sewage plant sludge quality results - continued sport fish monitoring beyond delisting to track mercury in walleye and PCBs and organochlorine chemicals in carp - repeat 1987 YOY spottail sampling to confirm absence of active sources of mercury and PCBs as spottaiIs are available 3 ;/0-67 References: Bishop, C.A., Koster, M.D., Chek, A.A., Hussell, DJ.T. and Jock, K. 1995. Chlorinated hydrocarbons and mercury in sediments, red-winged blackbirds (Agelaius phoeniceus) and tree swallows (Traehyeineta bieolor) from wetlands in the Great Lakes-St. Lawrence River Basin. Environmental Toxicology and Chemistry, 14(3):491-501. Bratme, B.M., et al. 1999. Chemical residues in waterfowl and gamebirds harvested in Canada, 1987-95. Environment Canada, Canadian Wildlife Service Technical Report Series Number 326. Krantzberg, G. and Sherman, R.K. Severn Sotmd sediment chemistry and bioassessment, 1988-1990. Water Qual. Res. J. Canada 30(4): 635-671. Martin, P.A., Weseloh, D.V., Bishop, c.A., Legierse, K., Braune, B., Norstrom, R.J.l-995. Organochlorine contaminants in avian wildlife of Severn Sotmd. Water Qual. Res. J. Canada 30(4):693-711. MOEIMNR. 2001. Guide to eating Ontario sport fish. Proctor and Redfern Ltd. 1996. North Simcoe County Class Environmental Assessment to address the management ofbiosolids and hauled sewage. Environmental Study Report. Severn Sound Remedial Action Plan (SSRAP). 1993. Stage 2 Report: a strategy for restoring the Severn Sound ecosystem and delisting Severn Sound as an Area ofConcem Toronto.ISBN: 0- 7778-1168-5 Sherman et.al. Surficial sediment quality of SS in preparation Weseloh, D.V., Rodrique, J., Blokpoel, H., and Ewins, PJ. 1997. Contaminant concentrations in eggs of Black Terns (Chlidonias niger) from sourthern Ontario and sourthem Quebec, 1989-1996. Colonial Waterbirds 20(3):604-616. 4 TABLE 1 OBJECTIVes FOR [)EI..ISTING SEVERN SOUND AS AN AREA OF CONCERN USE IMPAIRMENTI DELISTlNG OBJECTIVE 2000 STATUS STRATEGY FOR MEETING OBJECTIVE SCHEDUL.E FOR DEUSTlNG RESTOAATION ACHIEVED? I) Fish and '/IAldl\fe To ha\!ll no restrlctlons on sport fish: Presently. walleye (>S5cm). . continued sport fish monltorlng beyond REMEDIAL ACTION COMPLETE. consumption. consumption of fish and smallmouth baSS (>35cm) and northern pike dellstlng to track natural reco\!llry. ONGOING MONITORING '/IAldllfe from the Se\!llm (> 75cm) ha\!ll ad-Asories due to mercury statistical analysis of trends YES sound atl:rlbutable to local contamination. carp ha\!ll declined In tissue contaminant sources. le\!llls of PCBs and other organochlorine _ consider YOY fish monitoring (perch If chemicals betwaen 1982 and 1992 and continue spottalls not available) to confirm lack 01 to ha\!ll loW residue le\!llls (1982. 1992. 1996. local sources 1999). There are no restrictions on consumption of carp due to mercury or PCBs, DOE. HCB. dieldrin and PCBs ha\!ll been found In eggs analyzed tom red-IMnged blackbirds. herring gulls. caspian and common tems (CWS & MNR. 1991). AdlAsorles on '/IAldlife meat consumption ha\!ll bean Issued by Health and Welfere Canada, HO'M3\!11r. they are of a general neture and can not be applied to a single location such as Se\!llm Sound. pooled values of watertov.1 from se\!llrn Sound area are low or beloW detection Braune (1999). Biomonltors. sediment and blosolids quality do _ re>Aew GL mercury trends lor basin-'/IAde not Indicate a local source of mercury. changes " -=-=- = " -l:- CJ , \} ~ 5 Table 2 ORGANOCHLORINE AND MERCURY RESIDUES IN YOUNG-OF-THE-YEAR SPOTTAIL SHINERS FROM SEVERN SOUND - 1987 Site Number N Fish % Lipid PCB DDE HCB Mercury Size (ngl g (ngl g (nglg (nglg wet) (mm) wet) wet) wet) 1 Beausoleil Island 7 58~4 4.2:i:0.4 ND 7:i:2 ND 29:i:7 2 Penetang Bay - Michaud Pt. 7 54:i:3 4.2:i:0.3 ND 6:i:3 ND 11 :i:4 3 Penetang Bay - Asylum Pt. 7 58:i:4 4.3:i:0.4 ND IH8 2:i:1 23:i:5 4 Penetang Bay - Tannery Pt. 7 63:i:4 5.9:i:0.8 27:i: 13 6:i:2 ND 20:i:8 5 Penetangui shene WPCP 7 52:i:4 3. 7:i:0.4 ND 5:i:3 ND 16:i:8 6 Not Available 7 Midland - Downtown 7 59:i:4 4.8:i: 1.1 I 64:i:42 9:i:l ND 13:i:8 8 Midland - WPCP 4 66:i:7 6.6:i:0.8 55:i:25 19:i:19 ND 13:i: 8 9 Wye Ri ver 7 62:i:5 6.I:i:O.8 ND 9:i: I ND 14:i:8 10 Grandview Beach 7 63:i:5 6.6:i:0.6 24:i:18 13:i:5 l:i:l 11 Port McNicol! 6 55:L2 3.8:i:O.7 NO 7:i:2 HI 22:i:8 12 Hog Bay - West Shore 7 52:1:3 3.8::!:O,6 59::!:30 4::!:2 NO 26::!:14 13 Methodist Island 7 52::!:3 3.I:i:O.4 ND 4:i:2 3:i:2 11::!:4 14 Victoria Harbour 4 50:i:3 4.0:i: 1.2 NO 5:i:0 TR 17:i: 10 15 Sturgeon River 7 72:i:3 + 2.7:i:0.2 ND 6:i:2 ND 3 7:i: 15 16 Sturgeon Bay 7 71:i: 7+ 5.7:i:0.8 ND 12:i:4 TR 27:i:1O .. 17 Waubaushene 7 65:i:6 6. 6:i:0.3 ND 1O:i:3 1:1:1 11 :1:4 18 Port Severn 7 67:1:3 2.6:1:0.1 ND 5:1:1 HI 40:1:0 + Yearling fish N = number PCB = poly-chlorinated biphenyls DDE = breakdown product of pesticide DDT HCB = hexachlorobenzene " ~ From Severn Sound RAP Stage 2 Document - Appendix 2.5 , \J\ ~ 6 Table 3 Surficial Bulk Sediment Quality for A.'eas in Severn Sound Penetang Bay Sturgeon Bay Open Severn Sound 19941 19882 1994 I 1988 2 1980 3 1996 4 Parameter !rean sd l1~an sd !rean sd n~an sd !rean sd mean sd tEL SEL TP (mJ!/J!) 0.97 0.50 1.41 1.15 0.89 0.10 1.08 0.12 1.10 0.18 1.30 0.10 0.60 2.00 TOC (mfl/1() 62 24 59 29 40 10 42 7 35 7 41 10 10 100 Hfl (JJfl/fl) 0.23 0.13 0.08 0.03 0.04 0.02 0.09 0.03 0.20 2.00 Cd 1.22 1.02 0.86 0.33 0.45 0.29 0.29 0.16 0.45 0.12 1.40 0.60 0.60 10.00 Cr 84 45 81 41 78 7 39 9 27 7 48 8 26 110 Cu 76 102 37 II 19 5 15 4 12 4 27 7 16 110 Fe 23693 4967 25236 4674 20583 4188 37600 5300 20000 40000 Ph 70 38 73 28 24 10 21 6 14 7 51 21 31 250 Mn 464 Il2 576 120 460 1100 Ni 24 10 27 7 22 7 20 5 39 9 16 75 Zn 200 148 142 34 Il5 36 89 23 73 26 164 35 120 820 AI 16270 3040 17153 3948 1 from Reynoldson, unpublisbed 2 from Krantzberg and Slerman 1995 3 from Ontario MinistJy of the Enviromrent, unpublished 4 from Sherman et a1. 200 I inprep. LEL = Proviocial Lowest Effect Level SEL = Proviocia1 Severe Effect Level I' 5- 7 \ ~ (); ,. I /&/ 4b Table 4 Severn Sound Sewage Plant Biosolids Quality Characteristics (units in mWL unless otherwise noted) Total Ammonia+ Solids As Cd Co Cr Cu Hg Mo Ni Pb Se Zn Nitrates Total P (% ) Penetang Main Street Plant 1985 0.14 0.15 <0.10 2.67 12. 15 0.06 0.26 0.59 5.6 0.17 23.2 1990191 0.10 0.09 <0.07 2.88 8.93 0.08 0.17 0.37 2.6 0.09 12.1 53.3 908 2.26 1995 0.11 0.05 0.05 1.15 8.63 0.03 0.02 0.51 4.2 0.02 13.1 276 990 2.67 1999 0.05 0.1 0.05 0.71 7.36 0.03 0.07 0.36 0.9 0.05 8.2 146 543 2.37 penetang Fox Street Plant 1990191 0.13 0.11 0.07 5.65 12.40 0.03 0.21 0.44 3.2 0.12 16.2 82 1350 2.81 1995 0.02 0.06 0.05 0.85 11.80 0.00 0.02 0.20 3.7 0.02 7.7 25 1510 3.37 1999 0.05 0.13 0.09 0.64 6.39 0.01 0.06 0.28 1.2 0.05 6.9 117 325 2.53 Port McNicol! Plant 1985 0.15 0.10 0.30 2.43 25.33 0.03 0.26 0.38 1.2 0.19 18.0 1990191 0.16 0.04 0.35 2.15 22.40 0.04 0.49 0.31 1.9' 0.13 11.1 - 249 1205 2.96 1995 0.02 0.04 0.05 2.11 25.90 0.01 0.02 0.32 3.3 0.05 4.5 - 1160 3.51 Victoria Harbour Plant 1985 0.29 0.20 0.29 3.45 25.33 0.06 0.25 1.10 7.2 0.28 54.0 1990191 0.23 0.18 0.06 4,14 21.89 0.04 0.41 0.78 4.1 0.19 25.1 202 1560 3.88 1995 0.07 0.13 0.05 1.61 10.70 0.08 0.09 0.46 4.2 0.02 12.5 1078 3.02 Coldwater Plant 1985 0.08 0.17 0.13 1,07 17.58 0.19 0.23 0.61 2.8 0.12 14.6 1990191 0.06 0.07 0.10 0.96 16.82 0.19 0.15 0.69 1.8 0.10 13.5 201 424 2.42 1995 0.02 0.01 0.03 0.69 13.87 0.15 0.02 0.50 0.9 0.02 13.1 325 2.43 1999 0.4 0.1 0.1 2.51 24.88 0.15 0.16 0.52 0.87 0.3 10.26 246 830 3.64 penetang Mental Health Centre Plant 1985 0.13 0.58 <0.1 3.10 20.50 0.05 0.27 0.44 2.2 0.21 20.5 1990191 0.90 0.11 <0.05 7.98 16.54 0.03 0.25 0.28 3.8 0.15 12.3 22.6 1002 2.26 1995 0.06 0.06 0.05 2.01 11.50 0.00 0.02 0.23 2.9 0.14 5.1 21.9 790 2.07 Elmvale Plant 1999 0.5 0.1 0.1 1.85 15.2 0.1 0.1 0.86 1.11 0.5 13.2 541 1150 4.11 Port Se'Jel11 Plant 1999 <.2 <0:1 <.1 1.91 3.5 0.05 0.11 0.62 0.44 0.2 4.46 13.3 225 0.83 Midland Plant 1981 0.4 0.31 0.3 49 14 0.12 0.3 113 52 0.05 67 1990/91 0.2 0.24 2.6 80 33 0.11 1.34 58 25.2 0.12 93 818 3.6 1995 0.17 0.10 0.2 35 24 0.09 0.49 17 8.6 0.11 25 911 1169 3.6 1999 0.13 0.11 0.2 17 16 0.04 0.37 11 2.7 0.06 38 707 943 3.4 Data 1Tom plant operations monitoring 8 II"" Figure 1 Mercury in Walleye from Severn Sound (GB4) Sport Fish Consumption Advisories in 2001 Guide 4b -&d- Fish Length (em) Location 15-20 20-25 25-30 30-35 35-45 45-55 55-65 65-75 >75 Geoman Bav GB4 Severn Sound <:J::t @) @) @) Georgian Bay GB4A Col1in2Wood Harbour <:J::t @) @) @ Lake Huron H3 ~ ~ <:J::t @) Lake Huron H5 CJ::1 CJ::1 ~ @) @) @) Georgian Bav GB 1 CJ::1 ~ CJ::1 <:J::t @) G) Geoman Bav GB3 CJ::1 @) @) @) North Channel NCl CJ::1 CJ::1 .~ <:J::t ,@ G) North Channel NCZ CJ::1 CJ::1 ~ ~ Sl Mary's River CJ::1 CJ::1 <:J::1 @) @) Q) Figure 2 PCBs in Carp from Severn Sound (GB4) Sport Fish Consumption Advisories in 2001 Guide Fish Length (em) Location 15-20 20-25 25-30 30-35 35-45 45-55 55-65 65-75 > 75 Georgian Bav GB4 Severn Sound CJ::1 ~ <:J::t <:J::t <:J::1 Georsrian Bav GB4A Col1in,gwoodHarbour <:J::t @) 0 G) Lake Huron H 1 @) @) @) @ Lake Huron H3 <:J::t @) 0 CD Lake Huron H5 <:J::1 CJ::1 <:J::1 <::;::1 <:J::t @) Q) North Channel NCZ @) Q) Q) @) Indicates frequency of fish consmnprion in number of fish/week. CJ::1 Indicates "no restirctions" on consumption. 9 Figure 3 Mercury Concentrations vs. Fish Length for Severn Sound Walleye 10 . 1976/77 III 1989 A 1993 ... 1998 . 1999 - Regressions -- S -... 0.. 1 ~ I:: .$2 ..... Cd ... ..... ~ u I:: 0 u Q =' 0.1 e Q.) :::E 0.01 30 40 50 60 Length (em) 80 70 90 1976/77: PCB(Ppb) = -1.4859(lengtb(cm)) + 0.0237, l = 0.8091, n = 23 , 1989: PCB(ppb) = -2.0827(1ength(cm)) + 0.0281, r- = 0.7132, n = 18 1993: PCB(Ppb) = -2.0060(length(cm)) + 0.0272, r2 = 0.9097, n = 20 , 1998: PCB(Ppb) = -1.7044(length(cm))+ 0.0211, r- = 0.8338, n= 15 1999: PCB(Ppb) = -1.9271 (1ength(cm)) + 0.0238, r2 = 0.7634, n = 17 10 qb , &3 I . 46 ,&1 Figure 4 PCB Concentrations vs. Fish Length for Severn Sound Carp 10000 . 1982 II 1988 A 1992-96 ... 1999 - Regressions . . . - i 1000 0.. '-' c: o '.a ~ 1: <!) u c: o U aJ U 100 ~ . tEl /' /,// . "j/ . . D. / ... Ii ..tie. ~/: ~~ ~ ...~ .. .. .6... .. 1999 !!I //D. L1!! . ,/ /" / ~<P.> / \:, / III I!I // // ~ / ,\~"j. , b:.. 8. .. ... ~ 1m ... 10 30 40 50 60 Length ( em) 70 80 90 1982: PCB(ppb) = 1.6775(length(cm)) + 0.0168, r 2 = 0.2655, n = 16 ~ 1988: PCB(ppb) = 0.1698(length(cm)) + 0.0325, r - = 0.2477, n= 17 1992-96: PCB(ppb) = -0. 1240(length(cm)) + 0.0373, r 2 = 0.2912, n = 14 1999: PCB(ppb) = 1.8652(length(cm)) + 3.9756, r 2= 0.0163, n= 20 11 4D/[6 Delisting Severn Sound as an Area of Concern Discussion notes for review of use impairment: draft October 1,2001 Iii) degradation of fish and wildlife populations Delisting Objectives: 1. To protect and rehabilitate fish and wildlife habitat. 2. To restore a balanced, self-sustainingfish community by restoring top-level predators including walleye, northern pike, large and smallmouth bass and muskelunge to levels similar to the early 1970's, with these species forming at least 20-30% of the total predator catch, and walt eye forming at ~east 10% of trapnet results. -.... 3. To maintain a natural diverse fish community, to discourage the introduction of exotic species and to prevent the extinction of native or desirable species. 4. To maintain a self-sustaining diverse community of colonial waterbirds which currently nest in and near the Sound. 5. As part of the Matchedash Bay project of the North American Waterfowl Management Plan (NAWMP) to produce 2450 waterfowl including 880 Mallard, 210 Black Duck and 1360 other waterfowl of various species (NAWMP 1991). 6. Wildlife populations will be maintained at levels sufficient to provide recreational and economic benefits, ensure environmental quality and ecosystem integrity and ensure public safety (1\1NR Land Use Guidelines). 7. To re-introduce a self-sustained population of Trumpeter Swans in the Severn Sound area. 8. to find no significant toxicity from water column or sediment contaminants in fish and wildlife bioassays. Rationale: 1. See use impaiI"Irent (xiv). 2. Based on changes in corrnmmity noted in the early 1980's, a return to the proportion of predators fotmd in the mid 1970's was thought to be reasonable. More recently, MNR bas developed the Early Summer Index Trapnet Survey protocol or ESrn (MNR. UGLMU, 1998) to assess walleye populations in Georgian Bay. The ES1N consists of a trapnet set each day at approximately 30 randonmly selected sites during the time when temperatures range between 12 to 20 oc. TIris method replaces the fOI"Irer long-term spring fixed-location 1Iapnet survey of the MNR 1vfidhmst District (SS1N). 1 4b~0 3. Eutrophication and habitat degradation can affect the species offish inhabiting littoral areas. Fish biomass can be high in eutrophic areas, but often the biomass is dominated by large cyprinids (Scheffer 1989; Lee et al. 1991). The diversity and ecological integrity of the fish corrnmmity in Severn Somld and other AOCs was assessed by the Depart:Irent of Fisheries and Oceans (Minns, et al. 1994, Randall et al. 1993, 1998). The rationale for their data collection was provided by Valere ( 1996). 4. The surveys of nesting colonial water birds in the Great Lakes (Weseloh ?CWS) and a survey conducted in 1991 and 1992 (Weseloh et al. (1997) provided a basis for assessing the diversity of waterbirds in the Severn Sound area. Additional information on Osprey and Double-crested Connorants was also available for assessing the health of these populations (Thomas and Bird 1998, CWSIMNR annual monitoring of Connorant nesting colonies). 5. The Matchedash Bay Project under the Eastern Ha~itat Joint Venture recognizes the importance of the Matchedash Bay area in Severn Sound as an inte~tionally important flyway for waterfowl. Targets set at the outset of the project (NA WMP 1991) relate to area of habitat to be secured, restored or enhanced and production of waterfowl. While no specific rrethods were developed to assess waterfowl production targets, MNR Ducks Unlimited and CWS use waterfowl nesting surveys, spring and fall staging counts and hunting statistics to assess the status waterfowl of Matchedash Bay. 6. The aspects of this objective pertaining to recreational and economic benefit of wildlife populations in the Severn Sound area relate to uses such as hunting and trapping. Statistics on these uses are kept by MNR. The assessrrent of ecological integrity of wildlife relates to assessrrent of key indicator species or groups of ecosystem health that have been developed (and are currently being assessed) in the Great Lakes. The Marsh Monitoring Program (MMP) describes a protocol to measure indicators of ecosystem health in wetlands. The Forest Bird Ironitoring program also provides a rationale for upland habitat areas. 7. As an extirpated species in Ontario, effort has been made to reintroduce Trwnpeter swans to Ontario starting in the Wye Marsh. An objective of the program is to reintroduce a self-sustained population (Lumsden and Drever 2001). 8. Testing of sensitive species may reveal the presence of toxic factors not previously measured that will impair the health of fish and wildlife in Severn Sound. Indicators used in Severn Sound: 1. See use impairment (xiv). 2. Open water fish community a. spring trapnet index survey at two fixed, long-term nearshore sites in Severn Sound were conducted through MNR Miclhurst District starting in 1975 (SSIN). The protocol for MNR trapnet surveys in Lake Huron Georgian Bay has been revised to provide an improved statistical method (ES1N). Historical trends in percent catch, catch per unit effort, age- length, age :fi:equency and relative weight were used to assess trapnet catch in light of recent changes in the Severn Sound (and Georgian Bay) area such as the introduction of 2 Lfb 'ffJ 1 zebra mussel, changes in harvest as well as the changing trophic status of the nearshore (Gonder et al. 2001. Fisheries population dynamics of Severn Sound. :MNR UGLU Technical Report In preparation). b. Nearshore fish conmnmity was sampled by DFO using an electrofishing boat to sample 85 I OO-m transects which ran parallel to shore approximately following the 1.5-m depth contour in five locations within Severn Sound during 1990, 1992 and 1995 (Valere 1996, Randall et al. 1998). Minm et al. (1994) calculated an' Index of Biotic Integrity' (mI), a composite indicator of the health of the littoral fish conmnmities. The IBI integrates several biological indicators (species richness and composition, trophic composition and fish abundance and condition) into a single index of ecosystem health. c. Fish conmnmity surveys of Severn Sound as part of Georgian Bay or Great Lakes surveys such as 1vINR Lake Huron Unit Muskie survey, Walleye survey and DFO Fish Community Biomass surveys. d. Creel survey of Severn Sound sport fish by 1vINR Distri~t (1975-1992) and MNR L.Huron Unit (2000 and 2001). :.. e. shoreline seine surveys by :MNR District (1980,1985), Carn Portt (1989/90) f. Larval fish surveys of selected ernba~nts in Severn Sound MNR L.Huron Unit (1972), DFO(I989-1994). Tributary fish community a. MNR District with assistance from Severn Sound RAP (1982-1999) amual tributary biomass surveys of selected reaches in Hog Creek, Sturgeon River and Coldwater River. b. one-titre stream surveys of reaches throughout the Severn Sound watershed (eg. North ~ Coldwater ~ Wye ~ Copeland Creek through SSEA Portt (in prep.2001). 3. Waterbirds a. long-term colonial waterbird nesting surveys of sites in the Great Lakes (eg. Watcher Islands, Georgian Bay) - CWS with assistance ofMNR Parks Canada b. gull survey (CWS with assistance ofMNR., Parks Canada, approx.1 O-yr freq., 1999) c. CWS survey of distribution and abillldance of waterbirds during summer in Severn Sound (Weselohetal. 1997). d. spring and fall waterfowl staging surveys in Matchedash Bay (MNR with assistance of CWS 1989, 1998). e. osprey nesting success has been monitored by the Georgian Bay Osprey Society in the Severn Sound area. 4. Wildlife The ecological integrity of interior forest birds was studied by Tate et al. (1998). The study examined the presence of 12 indicator species and nesting success of the wood thrush and the red-eyed vireo in a range of upland forest habitats in Severn Sound. The Marsh Monitoring Program (MMP, Environment Canada, Long Point Bird Observatory, Bird Studies Canada) monitors the health ofrnarshes by surveying indicator species that utilize these habitats during breeding season. Twelve marsh bird species and five amphibian species were chosen as indicators of the two target groups because: 1. They are susceptible to environmental deterioration and 2. they are easily surveyed by volunteers. 3 4b - h'Y ' Hunting and trapping statistics for the Areas covering the Severn Sound area were compiled by:MNR Midhurst District stafffor the last twenty years in order to assess the value oftbe economic use ofwildife in Severn Sound. 5. Matchedash Bay Project Spring and fall waterfowl staging surveys in Matchedash Bay (:MNR with assistance of CWS 1989, 1998) were used to assess proj ect targets for waterfowl production. 6. Trumpeter Swans The Wye Marsh Reintroduction Program includes monitoring of nesting success and population distribution and health in the area. 7. Toxicity to fish and wildlife The occurrence oflead poisoning of Trumpeter swans ttomresiduallead shot in wetlands in the Severn Sound area was used as a measure of health of wetlands for this species and other waterfowl that may be exposed. The health of the wildlife populations, in general was also used as an indication of the presence of toxic factors. Current Status: --- Open water fish community Top Predators The objective of restoring top-level predator fish in order to prOIrote a health balance in the Severn Sound fish community was established in 1992 by comparison of the proportion of predator fish species in 1975 spring trapnet catch at fixed index sites (SSITN). Restoration of the comparatively low walleye population of the late 1980's toward 1975 population levels to 10% of the spring trapnet catch was considered feasible. As of spring 2001, less than 10% of the trapnet catch are top-level predator fish with less than 5% of the catch being walleye (Figure 2 ). The results of the SSlm for 1999 and 2000 were compared to the new Early S~r Trapnet survey (ESTN) protocol recently introduced by the MNR UGLMU to Georgian Bay for assessment of walleye population status. The two methods appear to be sampling the same walleye population. Adapting the FWIN CUE benchmarks established for assessrrent of walleye populations in inland lakes (ref?) to ESTN in Georgian Bay, the walleye population is considered "at risk" with CUE values declining in recent years to 2 fish per trapnet night (Figure 6). CUE for walleye, northern pike and largemouth bass is dropping over the last three years (Figure 6 ). Mean age of walleye is decreasing and apparent mortality increasing (Figure 7 and 8). Since 1992 several factors that could influence the walleye population and other sport fish populations have changed. 1. Fishing pressure for walleye has apparently increased in Georgian Bay especially in Severn Sound since the early 1990's. 2. The exotic introduced zebra mussel has infested Severn Sound since 1994-95 and has contributed to changes in open water trophic characteristics and nearshore habitat conditions. The newly introduced round gobie may also be adversely influence the walleye and other sport fish populations. 4 lib - hCf 3. The trophic status of Severn Sotmd bas changed due to phosphorus control with decreases in phosphorus, phytoplankton and ZDoplankton biomass in open waters. 4. Water levels have decreased starting in 1999 to near record lows adversely influencing nearshore spawning and nursery areas. Two indices of the plumpness and physiological well-being of the walleye population were used to examine the health of walleye present in Severn Sound. The mean length at age was examined for the period prior 1974 to 1993 (prior to significant zebra mussel infestation) and the post- infestation period 1994 to 2001 (Figure 9). There does not appear to be any significant difference between years or between the pre- or post-infestation periods. The relative weight by size class for walleye (equation of Murphy et al. 1990, grouped into length classes after Gablehouse 1984), is generally below the index" standard relative length" of I 00 after 1988 (Figure) suggesting that the growth condition is below optimal but bas similar values from year to year to 2001. Both of these indices suggest that the growth condition of Severn Sound w~lleye may not have changed over the period of record. Information from the 2001 Creel Survey of Severn SotlIlC!. (currently under way by the 'MNR UGlMU) is needed to further evaluate the effect ofbarvest on walleye. In view of these recent changes, the original RAP Stage 2 delisting objective for top-level predator fish may no longer be appropriate. Resolution of recorrnnended changes in harvest (reduced sport catch, review of quotas, control of First Nation harvest of spawning walleye at the Port Severn) as well as review of results of the new ESTN protocol and population status benchmarks ttom Fall Walleye Index Netting prograxm (FWIN) will be needed to establish a new objective for Severn Sound and other Georgian Bay walleye populations. Open Water Fish Community Diversity During 1990, 1992 and 1995, Randall et a1. (1998) conducted electrofishing surveys at five locations in Severn Sound (Penetang Bay, Hog Bay, Sturgeon Bay, Matchedash Bay and the Port Severn area). The average number offish captured per transect was 38 (range 0-170), average biomass was 3.7 kg (0-34.8 kg), and the average species richness was 5.3 species per transect (0- 12 species). Eighteen of the thirty four species offish were rare, comprising less than 1 % of the total catch in numbers. Average richness and biomass tended to be highest in the protected (low fetch) embayments with medimn to high macrophyte abundance. Most of the fish captured at Severn Sound were cool or warm water species which are usually associated with littoral habitats, often with submerged macrophytes, in embayments in the Great Lakes (Randall et a1. 1998). Top predators (piscivores) comprised between 17.6% and 29.8% of the total biomass. Native species of fish made up 88.1 % to 99.9% of the total biomass. The electrofishing survey data from Severn Sound indicated the fish communities inhabiting the inshore areas were diverse, all trophic groups were represented, and there was consistency in the catch data between the bays and areas surveyed. Randall et al. (1993) compared fish data in littoral habitats of Severn Som1d with data ttom Hamilton Harbour and the Bay ofQuinte, Lake Ontario. Generally, fish biomass was higher in 5 ~b - 7D Hamilton Harbour than in other areas, possibly because of the more eutrophic conditions (phosphorus levels). Although total biomass was high, habitat degradation had a negative impact on the trophic structure of the fish comrmmities. The biomass of carp and other non-native species was higher in Hamilton Harbour, while species richness was lower than in the Severn Sound bays (Table 4). Top predators (piscivores) comprised a higher proportion of the biomass at Severn Sound than in Hamilton Harbour (Table 2). Using the nearshore fish community da~ Minns et al. (1994) calculated an · Index of Biotic Integrity' (IBI), a composite indicator of the health of the littoral fish connmmities. The IBI integrates several biological indicators (species richness and composition, trophic composition and fish abundance and condition) into a single index of ecosystem health. By design and by demonstrated correlation, the IBI integrated the effects offour main factors influencing fish assemblages: exotic fishes, water quality, physical habitat supply, and piscivore abundance (Minns et al. 1994). Significantly, the IBI values for ~ Severn Sound bays were higher than the IBI values for Hamilton Harbour (Table 2; also see Smokorowski et al. 19~8). Within Severn Sound, the nequei:1cy distribution ofIBI values by quality class ranged nom very poor to excellent, but varied among the survey locations (Table 2). IBI scores were lowest in Penetang Harbour, and highest in Matchadash Bay and Port Severn, although the differences among locations were minimal. Phosphorus concentrations were highest, in inner Penetang Harbour (Table 2); Minns et al. (1994) cautioned that Penetang Harbour may be close to the transition nom a clear to a turbid state. Thus, the water quality conditions in SOIre localized areas showed signs of degradation. Generally, however, the fish data nom the inshore areas of Severn Sound indicated that the fish communities were relatively healthy. Stream fish community diversity Based on the report on long-term changes in stream biomass (Ross 1999), the numbers ofYOlmg- of - the-year rainbow 1rout is improving in area s1rearns with some fluctuation due to temperature. Fish were surveyed at 341ributary sites across Severn Sound in 2000 (C. Portt and Associates, Table 3). A total of31 species were captured at one or more sites. None of the species are considered rare, threatened or endangered in Ontario. Waterbirds Severn Sound and southeastern Georgian Bay have been identified as one of 15 critical areas for waterfowl use in the Great Lakes (Prince et al. 1992). Surveys of waterbird distribution and abundance were made during 1991 and 1992 throughout the coast of Severn Sound (Weseloh et al. 1997). Of32 subareas surveyed, gulls and Caspian Terns were the only species observed at all locations throughout the Sound. Cormnon moorhen, belted kingfisher, common loon and green- backed heron were the least frequently observed. The highest species diversity was found at Wye River, Matchedash Bay (N&S), Hog Bay, Sturgeon Bay, Penetang Bay, Wye River, Roberts Island and Quarry Island. The highest mean density of birds (birdslkm excluding gulls) was found at Matchedash Bay N, Hog Bay, Sturgeon Bay S and Matchedash Bay S - all areas adjacent to 6 1b " 11 provincially significant coastal wetlands. Highest gull densities, Canada geese and mallards were found in Penetang Bay S and Midland Bay SW - the most urbanized areas in Severn Sound. The areas of high waterbird use appeared to be natural areas of emergent and submergent vegetation, bedrock outcrops or large boulders and support protection of coastal wetlands and restoration of natural shorelire. The Georgian Bay Osprey Society reported 22 osprey nest sites within Severn Sound as of2001. Osprey nests in Severn Smmd have higher fledging success than nests in northeastern Georgian Bay areas (Thomas and Bird 1999). Matcbedasb Bay Waterfowl strong in Matchedash Bay - [report excerpts from Cynthia Pekarik for 1998 m:mitoring, possible stats from Tiny Marsh to complete summary of Mansell attd Craig 1995] Waterfowl nesting surveys indicate that the relative species composition has not c~ed over the last 40 years (Tyrooshuk et al. 1990). Wildlife [Information ITom the MNR Districts on licences, stats of use for dear hunt, waterfowl htmting, turkeys and trapping coming from Midhurst] According to MNR Midhurst staff, the deer population in the 76~B,C Htmting Units (which include Severn Sound), declined in the early to mid-I 990s followed more recently by a slight increase. Low predator populations and mild winter (except for the winter of2001) were felt to contribute to this increase. Hunter success rates and deer observed are given in Figure 10. Reptiles aDd ampbibiaus Severn Sound continues to support a diverse community of reptiles (7 species) and amphibians (10 species). The more connnon species include the Arrerican toad (Bufo terrestris), spring peeper (Hyla crucifer), tetraploid gray treefrog (Hyla versicolor), bullfrog (Rana eatesbeiana), green frog (Rana clamitans), northern leopard frog (Rana pipiens), wood ITog (Rana sylvatiea), common snapping turtle (Chelydra serpentina), painted turtle (Chrysemys pieta) and common garter snake (Thamnophis sirtalis). Three significant species were encountered. Map turtles (Graptemys geograhica) occupy the small rocky islets and rocky inland areas and are more common in the northern part of the So1.md. Blanding's turtle (Emys blandingi) and the spotted turtle (Clenmys guttata) are considered uncommon and are widespread in Severn Sound. The five-lined skink (Eumeces fasciatus) is restricted to the southern edge of the shield and is considered to be rare and local. The milk snake (Lampropeltis doliata) and the pickerel frog (Rana paulustris) are uncommon and widespread. The massasauga rattlesnake (Sistrurus eatenatus), the Eastern Hog-nosed snake (Heterodon 7 16 -- 10 platyrhinos) and the fox snake (Elaphe vulpina) are considered rare and local in the northern part of the Sound. The comrron northern water snake (Natrix sipedon) is also fOlmd in Severn Sound. Interior Forest Birds The ecological integrity of the interior forest bird community of Severn Somd was assessed by Tate et al. (1997). The overall forest bird comrmmity integrity was rated as good. The species diversity in the AOC was considered good (near excellent) for a comparable size area in southern Ontario. All fifteen indicator species were found in the area and the comrmmity composition of forest bird habitat was considered fair. The reproductive success of Wood Thrush, Rose-breasted Grosbeak and Red-eyed Vireo was considered fair to good. Despite sufficient forest patch size to support healthy populations of interior forest birds, indications of disturbance of these habitats were noted where Neotropical migrants and non-native, hmnan-associated species were present. Marsh Monito~ ~ Severn Sound was considered to have a high diversity of marsh birds with all 12 Il1a!shbird indicator species and a healthy diversity of amphibians including all five indicator species represented (Long Point Bird Observatory 1997, Weeber and Vallianatos 2000 - MMP). The three larger provincially significant wetlands in Severn SOl.md (Tiny Marsh, Wye Marsh and Matchedash Bay) have recently been identified as Important Bird Areas by Environment Canada (Wilson and Cheskey 2000a, b, c) with respect to black terns and least bitterns. Studies of tree swallows and redwinged blackbirds in Port Severn area, Matchedash Bay and the Wye Marsh for contaminants (Bishop et al. 1995) also noted high hatching and :fledging success - indications of healthy populations. Trumpeter swans The goal for the Ontario Trumpeter Swan Restoration Program was to establish 15 wild breeding pairs by the year- 2000; progress on the estimated status of the Trumpeter swan in Ontario has been reported previously by Lumsden and Drever (2001). The population of Trumpeter swans in Severn Somd has been increasing since the initial release in Wye Marsh in 1991. By August 2001, the population was estitmted at 103 swans (Coxon, pers. comm.), including the YOtmg of the year. The success of the reintroduction effort at Wye Marsh was limited by lead poisoning :lTom spent lead shot. Trumpeter swans have a high susceptibility to lead poisoning. Ingestion of as few as three pellets is sufficient to cause death. The problem was addressed through a ban on the use oflead shot for waterfowl hunting (starting at Wye Marsh in 1993) and retrediation ofseditrents in wetland pools through a vibration technology developed through the Lead Shot Remediation Project Between 1991 and 2001, at least 46 Wye Marsh swans suffered :lTom lead poisoning. As a result of compliance with the lead shot ban and lead shot retrediatio~ there bas recently been a decreasing trend in the percentage offtee-flying swans developing lead poisoning (refer to table 4). Reduced deposition of spent lead shot within Severn Sound, particularly within the popillar waterfowl feeding areas, lowers the risk of Trumpeter swans contracting lead poisoning through iruzestion of toxic lead shot while remediation oflead shot contaminated sediments addresses the ~ ~ 8 LIb ,1'j issue of pre-ban pellets remaining in sediment at a depth accessible to foraging waterfowl. The vibration device, developed through the Lead Shot Remediation Project, enhances the sinking of lead pellets to depths in the sediment beyond the reach of Tnnnpeter swans while minimizing the impacts of the sediment disturbance on the surrounding water, plants and sed~nt profiles. Remedial activity wiH reduce the losses to the Wye Marsh swan program ftom lead poisoning, but presumably oot eliminate all cases. Eleven hectares oflead shot-contaminated sediment in Wye Marsh were treated with the vibration device dming 1997 and 1998, and approximately six hectares of Hog Bay were treated with the remediation device in 2001. Actions to be completed: - ongoing remediation of coastal, wetland, riparian and upland habitat to emure the continued support of a healthy ecosystem - Creel Survey to continue beyond 2001 and include winter creel - continued monitoring of fish comnnmity in Severn Sound - continued monitoring of waterbird community of Severn Sound and adjacent areas of Georgian Bay - continued implementation of the Matchedash Bay Project and long-term monitoring of the wildlife comrmmity of Matchedash Bay - ongoing monitoring of the wildlife comnnmity of Severn Sound - continued monitoring ofTrw:npeter swan population -.... References: Bishop, C.A., Koster, MD., Chek, A.A., Hussell, D.J.T. and Jock, K. 1995. Chlorinated hydrocarbom and mercury in sediments, red-winged blackbirds (Agelaius phoeniceus) and tree swallows (Trachycineta bicolor) ftom wetlands in the Great Lakes-St Lawrence River Basin. Enviromnental Toxicology and Chemistry, 14(3):491-501. Gablehouse, D.W. 1984. A length-categorization system to assess fish stocks. North American Journal of Fisheries Management 4:273-285. Gonder, D. et al. 2001 in prep. Fisheries population dynamics of Severn Sound, 1974 - 2001. MNR UGLMU Technical Report Lee et al. 1991. Long Point Bird Observatory. 1997. Marsh bird and amphibian corrnnunities in the Severn Sound AOC, 1995-1996. Marsh Monitoring Program Newsletter Supplement Lumsden, H.G. 1984. The pre-settlement breeding distribution oftrmnpeter swan, Cygnus buccinator, and tundra swans, Cygnus columbianus, in Eastern Canada. Canadian Field- Naturalist 98(4) October-December 1984. 9 qb - l~ Lumsden, H.G. and Drever, M 2001. TI1e trumpeter swan Cygnus buccinator experience in Ontario. Fourth International Swan Symposium, Airlie Centre, Virginia. OMNR. 1991. Matchedash Bay Provincial Wildlife Area Management Plan. Ministry of Natural Resources Huronia District, :MNR 3080-1, ISBN 0- 7729-6273-1 Minns, C.K., Cairns, V.W., Randall, RG. and Moore, J.E. 1994. An Index of Biotic Integrity (IBI) for fish assemblages in the littoral zone of Great Lakes' Areas of Concem Can. J. Fish. Aquat Sci. 51: 1804-1822. Murphy, B.R., Brown, M.L. and Springer, T.A. 1990. Evaluation of the illative Weight (W,.) Index, with applications to walleye. North American Journal of Fisheries Management 10:85-97. North AIrerican Waterfowl Management Plan (NA WMP). 2000. ~xpanding the Vision: 1998 Update of the North AIrerican Waterfowl Management Plan. Report prepared for ~ US Fish and Wildlife Service, Mexico SE:MARNAP, Environment Canada, Canadian Wildlife Service. Prince, H.H., Padding, P.I. and Knapton, R W. 1992. Waterfowl use of the Laurentian Great Lakes. J. Great Lakes Res. 18(4):673-699. Randall, RG., Minns, C.K., Cairns, V.W. and Moore, J.E. 1993. Effect of habitat degradation on the species composition and biomass offish in Great Lakes Areas ofConcem Can. Tech. Rept Fish. Aquat Sci. No. 1941. Randall, RG., Minns, C.K., Cairns, V.W., Moore, J.E. and Valere, B. 1998. Habitat predictors of fish species occurrence and abundance in nearshore areas of Severn Sound. Canadian Manuscript Report of Fisheries and Aquatic Sciences 2440. Ricker, W.E. 1975. Computation and interpreatation of biological statistics offish populations. Dept of the Environment Fisheries and Marine Service Bulletin 191. Scheffer 1989 Smokorowski et al. 1998 Tate, D.P. 1998. Assessment of the bilogica1 integrity of forest bird connmmities - a draft methodology and field test in the Severn Sound Area of Concem Severn Sound RAP Technical Report Canadian Wildlife Service, Environmental Canada. Tym:>shuk, S.J. and Martin-Downs, D. (Gartner Lee Ltd.). 1990. A biological inventory and evaluation of the Matchedash Bay Provincial Wildlife Area. OMNR, Huronia District and Parks and Recreational Areas Section, Central Region, Aurora. Open File Ecological Report 9003. 117pp. 10 t/b ~ 7!J Weeber, RC. and Vallianatos, M (eels.). 2000. The Marsh Monitoring Program 1995-1999: monitoring the Great Lakes wetlands and their amphibian and bird inhabitants. Bird Studies Canada in cooperation with Environment Canada and the US Enviro~ntal Protection Agency. Weseloh. D.V., Ryckman, D.P., Pettit, K., Koster, MD., Ewins, P.J., and Harm, P. 1997. Distribution and abundance of waterbirds in surmner in Severn Sound (Georgian Bay), Lake Huron: an UC Area ofConcem J. Great Lakes Rs. 23(1):27-35. Wilson, W.G. and Cheskey, E.D. 2001. Wye Marsh Important Bird Area Conservation Plan. Can. Nature Fed., Bird Studies Can., Fed. OfOnt. Naturalists. Wilson, W.G. and Cheskey, E.D. 2001. Matchedash Bay Important Bird Area Conservation Plan. Can. Nature Fed., Bird Studies Can., Fed. OfOnt Naturalists. Wilson, W.G. and Cheskey, E.D. 2001. Tiny Marsh Important Bira Area Conservation Plan. Can. Nature Fed., Bird Studies Can., Fed. OfOnt. Naturalists. '- Val ere, B.G. 1996. Productive capacity oflittoral habitats in the Great Lakes: field sampling procedmes (1988 - 1995). Canadian Manuscript Report of Fisheries and Aquatic Sciences 2384. 11 TABLE 1 draft October 2001 STATUS OF OBJECTIVES FOR DELI STING SEVERN SOUND AS AN AREA OF CONCERN USE IMPAIRMENTI DELI STING OBJECTIVE 2001 STATUS STRATEGY FOR MEETING OBJECTIVE SCHEDULE FOR DELISTtNG RESTORATION ACHIEVED? Iii) Degradation of fish 1. To protect and rehabilitate 1, See below under xi"; _ Fish Habitat Management Plan should be FURTHER REMEDIAL ACTION IN and wildlife fish and wildlife habitat. implemented ongoing COASTAL. WEn.AND. RIPARIAN populations, AND UPLAND HABITAT. CONTINUED MONITORING 1. SEE xiv BELOW REQUIRED TO FOLLOW mENDS 2. NO. NOT DUE TO 2. To restore a balanced self- 2, At present (20c0). <10% of Iota I sport fish -MNR Lake Huron Unit with local FURTHER REMEDIAL ACTION LOCAL QUAUlY sustaining fish community" by catch are top-Ie-..el predator IIsh with <5% partnership should conduct spring trap net UNKNOWN. CONTINUED CONDITIONS restoring top-Ie-..ei predators walleye. Based on recent assessment by MNR sur.ey to monitor sport fish. especially MONITORING REQUIRED TO including walleye. northem L Huron. walleye population Is considered in the walleye. FOLLOW mENDS pike. large and smallmouth "trouble" range. Proportion of predator species -DFO protocols resource intensi-..e - future bass and muskellunge to remains low. Walleye and other top predator laNSI IIsh and adult fish community le-..els similar to the early species ftuctuating at low proportion of total assessment to be confirmed 1970'S with these species catch. Netting protocol has shown comparability _fluctuations in the natural ecosystem or in forming at least 20-30% of the of hlstoricaltrapoet method but oew method is har.est will inftuance Index catch from total predator catch. and statisticallY more satisfactory. Preliminary year to year walleye forming at least 10% results for 2001 and historical relAew indicate _ MNR considering reduced catch limits of trapnet results. These that walleye and other top predator species and/or slot size limits for walleye objecti-..eS may require CUE. is declining, Walleye mean age is -Impro-..ements to walleye spawning area relAsion in light of other decreasing and estimated mortality is ongoing _ protection from spring har.est studies of walleye in Ontario 'ncreasing. Creel sur.ey results are pending. needed. _ consider relAsed objecti-..e in light of recent neltlng &ur.eys 4 and new MNR protocol. " 5:- ~ ~ 12 TABLE 1 draft october 2001 ST~TUS Of OBJECTIVES f('" DE1.ISl1NG S""..... SO.... '" AN ~""" Of coMCERtI USE \MPA\RMENTI DEUST\NG OBJECTIVE 2001 STATUS STRATEGY fOR NlEETING OBJECTIVE SCHEDULE FOR DEUSTING RESTORATION ACH\EVED1 8. To find no significant 8. Sewage plant efl\uents toxic due to chlorine _sewage plants optimizing operation to toxicity from water column or and ammonia (MOE. 1992). No sediment pro'IAde nitt1\cation and minimize chlorine sediment contaminants in fish toxicity. as disinfectant and wildlife bloassays. " -+ c: -- 15 - Table 2 Severn Sound lAke Ontario LoCation Penetsng Hog Sturgeon Matehedash pt. Severn Quinte Hami\ton Year of survey \990 \990 \992 \990 \995 \990 \990 Number of samples M 2S 23 36 21 59 60 Number of samples with 0 catch 3 I 2 0 0 3 \ nsh asscn\blag,e measures Species rienness 5.\ (0-12) 4.8 (0-9) 4.7( 1-8) 6.9 (4-\2) 6..1(\-\0) 6.;(0-\4) 4.\ (0-0) Biomass 4.8(0.00- 3.&(0.0-12.&) 2.HO.I-IOJ)) 3.7(0. \-9.5) 2.&(0.1-8.2) 1.<X0.0-30.n 9.\(0-1\.9) 21.2) % Piscivore biolUlSS 17.&(0-\00) 22.'X0-&3) 29.8(0-94) 23.8(0-69) 1"7 .6l 0-60) 25.\(0-82) 9.5(0-96) % Generalist biomass \5.6(0-\00) \3.3(0-83) 3.\(0-29) 26..1(0-80) 2 \ .5(0-99) 21.6(0-98) 45.5(0-\00) % specialist biot1't\Ss 66.6(0-\00) 63.8(6- \(0) 61.0(6-\00) 49.8(9-\00) 60.9(\-\00) 41.3(0- \(0) 44.9(0-\00) Percent native biomass 9\.0(\2-\00) S8,H\6-\00) 99.9(99- \(0) 90.1(22-\00) 90.5(6- \(0) 11.2(2- \ (0) 31.1(0-\00) Indcx of Biotic Integrity (IB\) 5S ,6(0-9 n 6\.6(0-9n 62.4(46-82) 65.8(39-86) 62.8(25-90) 58.0(0-91) 30.2(0-14) AdjUStcd \H\ 56.4(0-9\ ) 6\. \(0-9n 62.0(46-82) 6\.9(28-86) 60.4(24-90) ~ 48.5(()..93) \1.&0-58) , Adi "",d \IJ \ is me Index ofBiotic 10I'l'Ii'1 ,,0" adj ..,ed 10< off,..,,, s!'<"'" ("" \ex') ComParison 0 f fish assemblage ""asures at live areas in Severn Sour<! and twO areas in Lake ()ntafio. Val \JOS are averages (with ranges in parenfuesis). The compositional ""asures (percent trOpmc grnUPS and percent native) were calculated for transects where the biorf<\SS was greater than O. From Randal 1<)9& (I <)90 data was from Sn>>korowski et at (\998)). " & ~ C:Y \6 Table 3 N b f fish t d hect "P" indicat t. but b t 'Iabl -- , ,,- Station code Common name AR- Ao.. BC- Bl- Bl- C2 C6 CR- CR- cc- H2 H3 H6 HD- Mo.. MC- MD1- MD2- NR- NR- MPP- MPP- PD- PD- RD- 5C- 51 52 MMC- 1M- WMo.. WR- WR-2 we. chinook salmon 16 136 rainbow trout 280 394 131 237 429 121 P 48 517 brown trout 27 16 613 brook trout 600 615 263 161 708 173 P 240 133 207 central mudminnow 556 452 133 718 31 P 360 150 80 621 5' white sucker 65 27 111 66 32 667 103 80 247 P 111 909 95 northern redbelly dace 323 267 P P 150 611 182 91 552 brassy minnow 417 56 69 horny head chub 22 16 P 184 444 222 27 golden shiner 160 common shiner 387 P 185 49 P P 450 61 159 27 rosyface shiner 554 spotlin shiner 167 P 56 bluntnose minnow 180 99 556 fathead minnow 120 22 300 333 P 909 1034 black nose dace 200 222 105 P 83 P P P 533 485 960 25 P P 400 P 267 545 7448 3j longnose dace 16 P P 308 173 40 P creek chub 266 P 722 P P P 173 250 727 359 2000 31 741 P P 370 111 440 P 1200 182 1273 32 5724 5' brown bullhead 56 tadpole madtom 103 brook stickleback 556 22 308 105 16 154 480 P 100 80 111 61 182 345 5 rock bass 16 123 pumpkinseed 65 108 16 708 49 ,j 67 32 small mouth bass 16 largemouth bass 25 white crappie 111 yellow perch 98 25 Iowa darter 51 , ohnny darter 22 127 25 167 32 345 4 logperch 164 28 mottled sculpin 120 131 112 389 311 500 135 96 215 146 5455 80 360 20 245 1200 95 3 minnows 140 288 754 0 105 0 403 722 212 667 779 936 1311 253 250 1212 359 3120 292 153 P P 550 0 644 880 40 54 1467 425 2818 191 1482 1 17 t3 ~ - 4b ,3;;t Table 4: Occurrence of Lead Poisoning in Free-Flying Wye Swans Cal endar Total Swan #of # of Free-Flying # ofConfirmed* Lead Poisoning Year Population.) Held Swans Cases of Lead in Free-Flying Swans Poisoning Population (010) 1991 16 7 9 1 11.1 1992 20 4 16 2 12.5 19930 30 4 26 5 19.2 1994 28 3 25 5 20.0 1995 49 20 29 2 ~ 6.9 - 1996 59 15 44 3 6.8 1997t 62 0 62 4 6.5 1998 75 0 75 5 6.7 1999; 86 0 86 8 9.3 2000 87 0 87 2 2.3 2001~ 103 0 103 2 1.9 .:.this number does not include permanent capti ve breeding pair( s) * confirmed through blood analysis, radiograph and/or necropsy report Cllead shot ban implemented in Wildlife Management Unit 76, including Wye Marsh t non-toxic shot required for migratory game birds within 200 m of a watercourse or waterbody; remedial activity implemented in Wye Marsh :j: non-toxic shot required nationally for migratory game birds ~ remedial activity implemented in Hog Bay 18 b figure '\ year 2000 Georg\an BaY ,...\a\ Boat count Boat COllots B~ selected RaI\98S . 100 to 198 t4) \I 50 \0100 t8) o 25 to 50 t12) . 5 to 25 t61) ro 0 to 5 (38) 20 fllgh\S 10\a\ Ma~ 5-<)c\ 21/00 source Minis\('j 01 I-Ia\o13\ Resources Upper Great LaKes Ur\\t /' '; .... .. , \9 4b ' 33 Figure 2 Composition of catch in Sturgeon Bay, Severn Sound from Spring Index Trapnet Survey 1975. 2000 Predatory Fish 680 :;:; 'iii70 8. g60 Q ~50 l40 en 0)30 0) t1:I c: 20 0) ~ 10 a... 0-757779 1_ Walleye 81 83 85 87 89 91 93 . N.Pikel Muskie _ Sm. Bass 95 97 ~ D Lg. Bass cOO ~ 'iii70 8. goo Q ~50 '~40 0. en 0)30 0) t1:I c: 20 0) u Qj 10 a... Benthic Fish 0- ~ 77 ~ ~ 83 85 ~ 89 ~ ~ 95 W ~ 1_ White Sucker . Redhorse Sucker _ BroM1 Bullhead 0- ~ 77 ~ ~ 83 85 ~ 89 ~ ~ 95 W ~ 1_ Black Crappie. P, Seed _ R. Bass D Y. Perch Source: OMNR I Se\em Sound Fixed Index Trapnet 20 cOO ~ '~70 0. goo () rn 50 Q) '~40 0. (/) Q) 30 0) t1:I c: 20 0) u Qj 10 a... Panfish Figure 3 Yearly Severn Sound Index Netting Walleye ~e Composition 1974 to 1989 ~ 50~ -~~.~~;;:: 60 50 c :& 40 '13 o 0. 30 E o 020 ?fl 10 o 111 m +1;jJ1 1--1---1-" 1-1- 7 9 11 13 15 Age 60 50 c ~ 40 '13 o 0. 30 E o 020 ?fl 10 o 60 so c ~ 40 '13 o 0. 30 E o 020 ?fl 10.-~ O+_,-Iil-111 1 3 r " '~',' m,. ~ rn D+--J--I---.1-1S-I- I!1,W,_ I 13 -, 7~ 9 11 Age c ~ 40 '13 8. 30 E <320 ;;;e. 10 ,l,Jillc,___I___I__ 11 13 1S 0+-1--' [J 'm 10 1 3' 51 60 SO c ~ 40 '13 o 0. 30 E o 020 ~' o 10 W: - ;\ .~ I u 1\ I ill I (] I D, C,'___I_+'_'__ 7 9 11 13 15 Age o +__,_..,m, 1 3 60 50 c ~ 40 '13 8. 30 E <320 ;;;e. 101 ' , 0,1, j , . I. , , j ) o +_I.ffi,___,_,tJl_m_1 -, -p>>-, 1 3 5 7 9 Age 21 \ +~+m I-IJ-I.J::I-I--'- 11 13 15 c ~ 40 '13 8.30 E <320 ;;;e. 10 o _,l,lJi.,IiJ,,_,---t-- 7 9 11 13 15 Age 60 SO c ~ 40 '13 0 0. 30 E 0 020 ;;;e. 10 0++ 1 60 50 c ~ 40 '13 ,0 " 0.30 E o 020 ;;;e. 10 IJIJ+rn-I,c-t.Ct.fill.m I m-l.Iiilt-~-I-I-i-' 5 7 9 11 13 15 Age ~ C \ ~ -4: o +-tJJlJ)L.m-jlJi_,JiI-jJil."JilIJEJ.,.IJI+-+-+---t 1 3 5 7 9 11 13 15 Age c: ~ 40 '91 &. 30 E o 020 ";J!. Figure 4 Yearly Severn Sound Index Netting Walleye Age Composition 1990 to 1997 60 I - - ----, 60 50 c: g 40 1/1 &. 30 E o :J 20 'I!. 60 50 50 c: o :c:s 40 '91 o 0.30 E 820 ~ o i \ i " , , , ' ID' 0'1 j' ffi' t; ~ ,. ~ \ :: ! 0+--1 -fll- I- +I-f- flD ID.Io_IQ,___I_+_ 1 3 5 7 9 11 13 15 Age 10 0+-1 co fm I m ,m 1 ill, m 1 In I rn , co , 0 , ill , I] ,0, " 1 3 5 7 9 11 13 15 Age 60 ""'_--0 .---,._0_0.--., 60 c: ~ 40 '91 o 0.30 ~ 020 ";J!. 10 o 60 50 10 II Ii I, - 50 c: o :0;:140 '91 o 0.30 E 820 '#. 10 I ... o +,-1 O,JII"~,,,,, 1 3 5 +m, m,'om"fiI, "'of-.flOll -",--,- 7 9 11 13 15 Age 50 c: o :c:s 40 '91 o 0.30 E 820 '#. 10 . o +--I.tW,rn,.III, 135 I (: '~=-~'Iml,Wol_(jJIr;)_I_-IDI_'_ 7 9 11 13 15 Age 22 10 60 50 c: ~ 40 '1/1 &. 30 E o 020 ..,. 60 50 c: o :c:s 40 ..~ /'0. 30 E o 020 ~ . 10 O+--j'-lml-(j)IJj'I~' 1 357 ,,' Ii .' 1.1:1+--1-1--+- 9 11 13 15 Age 10 0++ 1 o +'-IJtm)iI,11I+IiI-tJi1Ji1~D,,-_,,___~_ 1 3 5 7 9 11 13 15 Age ~ , ~ figure 5 ~ear\Y S8-Vern sound \ndeX Netting wa\\eye Age composition '\998 to 2000 60 60, It -------- 60 c: 60 \ ~ 40 c: ''0) ~ 40 i 30 '(0) E i 30 8 2,0 E ~ 8 2,0 0 '\0 ~ 0 '\3 '\6 '\0 o '\ '\'\ 13 15 3 o 1 9 11 3 60 50 c: .~ 40 '(0) i30 E 8 2,0 ~ 0 10 . un tlt\. 'au-r--1 O+-' 3 5 7 1 1'\ 13 15 , \ t' 23 Figure 6 Severn Sound Index Trapnet Survey Catches per Trap Net Night 50 45 -r- , -------,----- 1: 40 - ___________________________Walleye CI z35 Q; 30 z a.25 10 t: 20 13 15.- 1\1 u 10- ~ J~'il-TD,m-r_T-rl'1 ~~I.J~~, [IJ~t~JT(~)C~ 82 84 86 88 90 92 94 96 98 00 50 1: ~~ 1 ~:_~~=-~~~=~:=~:_=:==:~:No[fhernPlkfi CI z35 Q; 30 z a.25 . u___..u____,,_.._..__ i ~~,,---I"'I'---, --','I"lu"I- i -1I___,I-lu,_,II,-,'I,----'-'-_',-~,-- o 10 .- ~ .. fI- I ~ ~ II J~ :: ~~,~ .~ ~ ~~, , :, :-: -:. -1 r-~- 82 84 86 88 90 92 94 96 98 00 50 45 1: 40 CI z 35 Q; 30 z a. 25 E 20 :Y 15 ~ 10 5 o 82 _..~_._-,_.__._...._- ------------ _._----~- -._--- 11-.1 -:f -, -T -{ -r--r-t -1 LargimQM1n-Biii- ":]],tdjJ:aj~~;; 84 86 88 90 92 94 96 98 00 700 _600 .c C> 2500 ...... ~400 0. ~300 t: .c .s 200 co () 100 o 82 84 86 88 90 92 94 96 98 00 -- - Brown Bullhead ~ ._----.----- - -..-----.-.------.----- , -- · :T=.,:~.=j~ 11~tLJjl,j; 700 ...... 600 .c C> 2 500 - ~ 400 0. ~ 300 t:: .c .s 200 co () 100 o 82 84 86 88 90 92 94 96 98 00 _ Severn Sound Index Trapnetting _ Early Summer Trapnetting 24 -----~-,--~----_.--------- Black Crappie ---.------ ----_. . ----- ._-------- - -- - jlD=~:==~k L ~ \ <XJ ~ Figure 7 Mean age of walleye from Severn Sound from 1974 to 2001 8 -, I I ~, r _~ .i 1. 6 Q) -,- 0) <( ~ 4 111-r-H1- Q) ~ 2 -llf-m----Ir ~~ ~ t1 I ---',<---.~ ----1\ --.--.....---....--...-..-...- ~ m It I /' II 1)1 i---I:--I--l-IJ- I J~ J-~l,- ~ I II HI J ~ 1[' I ---- l---'!f----n I~ II I~ 1I1I I~ O-t~1-L-11B I I II~ IIll 1m, 74 76 83 85 87 89 91 " III lID 1111111 93 95 97 99 I I~ I m I Source: OMNR 25 , , , SMIN D ESTN ~ \ ~ ~ o ... ....0 G)O ~o ~N -;0 ~.. ~ O~ en ..-oOC- ~e. ~~ ...... ...." ~c:. ~'=' ~~ 0(: ~'i d)~ G)CI) ~ ~ .fIIIIII' U- o o cD (j) <.D (j) <:t (j) C"l en o (j) cD cD <.D cD <t cD ~ o cD cD t- <.D t- <t It- o 0 -.::- ;fu#~ o t- 000 0 ~ to \!") <t C'? (. oM a,\B.1 f4\\B\.10~ \.0 M ~ o ~ ~ Q) \0.- CD -0 C. o Q) a:. z ~ o . . ~ \0.- ::> o (f) F\9ure 9 Re\atiVe we\ght bY s\~e c\aSS of wa\\eye from se'l8rn Sound from 1974 to 2000 ~30 1 ~20 - --- ....... -'- ..c O>~~O -- .- Q) '$ ~OO Q) .~ 90 - ........ co Q) 80 oc 7 0 -V, - - - --'" --'-'--'-----'-'-'--;-- c____,_'--- '-\--------- - --'- - 60 -'M7'6 . 83 85. 87 89 9~ 93 g5 97 99. o~ stock Quality preferred Memorable trophy ~ c: Data Source: OMNR. Relative weight equation of MurphY et al. (1990), groupS after GablehOuse t 1984) 27 __ 250-379 -ca-- 380-509 -- 5~0-629 -- 6~0-759 --- >::: 760 \ c3 JfP ;/ V'{ / figure 10 Wa\\eye roean \ength at age pre- and post-1ebra rousse\S 900 "E 80 g, 10 ~60 3 50 )40 r- 30 20 o 2 4 6 8 '\0 '\2 ,\4 '\6 '\8 _ 74- 75- 76. 82. 83. 84. 85 . 88' 89' 90' 9'\' 92. 93 \ \ \ \ \ \ \ \ ~ \ \ \ \ -- \ \ \ \ \ , " " . - \'\994 - 200'\. I , - , , \ ,. . \ .. \ \ \ \ \ \ 900 'E 800 S 700 .s 600 0'> 3 500 ~ 400 \.' ;g. 300 ..,' \ 200" , \ ' \ o 246 8 \ \ ~o ~2 ~4 ~6 ~8 '-, _ 94 _ 95 _ 96. 97 · 98. 99. 00 ~ 28 source: oMNR f-b -q() Delisting Severn Sound as an Area of Concern Discussion notes for review of use impainnent: draft October 1,2001 xiii) degradation of phytoplankton and zooplankton Delisting Objective: To ensure phytoplankton species and biovolume are representative of mesotrophic conditions and to have a balanced zooplankton community. (ie. more Daphnia) Rationale: In the Great Lakes, phytoplankton and zooplankton have been used to monitor ecosystem response to changes in physical conditions, nutrient concentrations, and trophic interactions (Nicholls and Hurley 1989, Mazumder 1994, Makarewicz et al. 1998). More specifically, phytoplankton have been used to assess the impacts of nutrient load reductions in eutrophic areas of the Great Lakes (Nicholls and Hopkins 1993, Gemza 1995, Millard et al. 1996). Indicators used in Severn Sound: Phytoplankton biovolume of euphotic zone composite samples were used in a bi-weekly monitoring program at long-tenn stations in the open waters of Severn Sound from 1973 to the present (see Nicholls et al. 1977 for phytoplankton analytical procedure, see viii Eutrophication summary for sampling program). Zooplankton were collected as vertical hauls through the water column at monitoring stations using a conical closing zooplankton net (Johannson et a1. 1992, McQueen and Yan 1993). Samples were identified, enumerated and measured for biomass calculations using the ZEBRA software. Current Status: Overall phytoplankton biovolume bas decreased to less that 1 mm3/L from peak values of6 mm3/L in the late 1980s and early 1990s (Todd and Sherman 2001 in prep.). The proportion of large diatoms associated with nutrient enrichment bas decreased since the early 1990s. However, the community structure may be influenced by selective filtration of zebra mussels. Increases in blue-green algae such as Microcystis spp. and increased shoreline complaints of filamentous algae such as Mougeotia and Spirogyra have been noted. The response of phytoplankton to changes in nutrient loadings is also being reduced further by zebra mussels. A model of predicting phytoplankton biovolume using inputs that are not confounded by zebra mussels (phosphorus '.. \< 1 Jfo ~q(A . loading and temperature) suggests that, the phosphorus control measures taken in Penetang Bay would result in the delisting objectives for open water trophic indicators would still be met in the absence of zebra mussels (Todd and Sherman in prep.). Response of phytoplankton in the south end ofPenetang Bay was evident prior to zebra mussel infestation. '. Zooplankton biomass has also declined since the early 19905. The predominant species Bosmina longirostris, which represented up to 75% of the total biomass in 1990, declined in abundance, biomass and in proportion of the total biomass. Daphnids are still scarce and represent a small proportion of the total community. Zebra mussel veliger larvae abundance has also declined in recent years at all stations. References: Gernza, A.F. 1995. Spatial and temporal water quality trends in Severn Sound, Georgian Bay since the introduction of phosphorus control guidelines: Nutrients and phytoplankton 1973-1991. Water Quality Res. J. Canada. 30(4):565-591. Gernza, A.F. 1995. Zooplankton seasonal dynamics and community structure in Severn Sound, Lake Huron. Water Qual. Res. 1. Canada. 30(4):673-691. Johannsson, O.E. , Shaw, M.A., Yan, N.D., Filion, J-M. And Malley, D.F. 1992. A comparison of rreshwater zooplankton sampling gear: nets, traps and submersible pump. Can. Tech. Rep. Fish. Aquat. Sci. 1894. Makarewicz, 1. C., Bertram, P., and Lewis, T. W. 1998. Changes in phytoplankton size class abundance and species composition coinciding with changes in water chemistry and zooplankton community structure of Lake Michigan, 1983-1992. J. Great Lakes Res. 24:637-657. Mazumder, A. 1994. Phosphorus-chlorophyll relationships under contrasting herbivory and thermal stratification: predictions and patterns. Can. J. Fish. Aquat. Sci. 51 :390-400. McQueen, DJ. and Yan, N.D. 1993. Metering filtration efficiency ofrreshwater zooplankton hauls: reminders from the past. J. Plankton Res. 15(1):57-65. Millard, E. S., Myles, D. D., Johannsson, O. E., and Ralph, K. M. 1996. Phytoplankton photosynthesis at two index stations in Lake Ontario 1987-1992: assessment of the long-tenn response to phosphorus control. Can. J. Fish. Aquat. Sci. 53:1092-1111. ,~ Nicholls, K. H., Carney, E. C., and G. W. Robinson. 1977. Phytoplankton of an inshore area of Georgian Bay, Lake Huron, prior to reductions in phosphorus loading. J. Great Lakes Res.3 :79-92. 2 # 4b ~q3 Nicholls, K.. H., Robinson, G. W., Taylor, R, and Carney, E. C. 1988. Phytoplankton an phosphorus in southern Georgian Bay, 1973-1982, and implications for phosphorus loading controls. Hydrobiologia 163:85-93. Nicholls, K.. H., and Hurley, D. A. 1989. Recent changes in the phytoplankton of the Bay of Quinte, Lake Ontario: the relative importance offish, nutrients, and other factors. Can. J. Fish. Aquat. Sci. 46:770-779. Todd and Sherman 2001in prep. Recent changes in phytoplankton corresponding with nutrient load reductions and zebra mussel establishment, Penetang Bay, Severn Sound, Georgian Bay. Technical Report in prep. " " " i ~6\...E. 1 draft october 2001 S1 1'1l1S OF OBJECII\f€.S FOR OEUSIING SE\lERN SOlINO I'S I'1'II'REA OF CONCERN 1001 SiAiUS SiRA TEG'l fOR tAEET\NG SCIIEDUI.E foR 011.\..1&\1I0IO USE \tAPA\RtAENi' DE\..\Si'NG OBJECT\\IE OBJEC1\\1E RESTORA i,ON ACH\E"ED1 continuation ot annual monitoring REMED\Al ACilON CoMPlEIE. 10 ensure p\1-y\oplan\c.\On speci~s Ptw\Oplan\c.o\n biOI/O\ume is decreasing in program is proposed \0 confIrm ONGOING MON\10R\NG )(iii) Degrada\ion ot ,..""'.. ,. nu\f\"" ""ell"'" H"""" "" P\1-y\op\an\c.\on and biOl/O\ume are represen\a\\IIe communiW structure ma'l be influenced b'l improvements. and 'Z.oop\an\c.\OO ot meso\rophiC conditions and \0 selec\ive fI\\ra\ion ot 'Z.ebra musse\S, popu\a\iOns. hal/e a balanced 'Z.oop\an\c.\on Increases in blue-green algae such as, communiW. tie, more Daphnia) MicroCystis spp. and increased s\1Orel\oe '1ES complain\S of ti\ameo\OUS algae such as Mougeotia and spirogyra \18ve been no\ed.. iM response ot ph-y\oplanl<\On \0 changes In nu\rien\ loadings is also being reduced turtner b'l 'Z.ebra mussels, Response ot phv\oplaOI<\On in the south eod ot pene\ang 8a'l was evident prior \0 z.ebra mussel intes\a\iOn, . 200p\anl<\on biomass hBS also declIned ~ince \he eaM '990s. l\'1e predominant specIes 80smlna \ongiros\ris. which represeo\ed up ,. ,,% ot "'."... ."""..." ,.... ~ "......"'.., -". """......... ~ \\'Ie \o\al biomass. oaphnids are s\ill scarce "" ,""'... . .m" ....- ~ "" \~. _m"""" C.... num"" ~ ..... m.... veligers have been oa\ed in opeo water sampli09 hoWever. ve\iger \a{l/ae abundaoce has alSO declined in recent 'ears a\ a\l s\auoos. . . ,. +- D~ \ ~ ~ 4 4b~Cf5 8.0 8.0 PI P2 6.0 6.0 "....., - '..J .... E J: 4.0 ,::;. 4.0 0,) E ::I '0 ;> 0 CD 2.0 2.0 6.0 '..J .... E E ...... 4.0 0,) E ::I '0 ;> 0 CD 2.0 0.0 8.0 P3 P4 6.0 0.0 8.0 0,0 ~ 1980 1985 1990 1995 I 2000 Year FigureiAnnual variation in phytoplankton biovolume (dominant algal classes) at Penetang Bay sampling stations. 4.0 2.0 0.0 I 2000 I 1995 I 1980 1985 1990 Year _ Bacillariophyceae l1li Chlorophyceae _ Chrysophyceae c=J Cryptophyceae _ Cyanophyceae _ Dinophyceae ~ .. / . Figure2Changesintwocommondiatomsfrom Penetang Bay 1982to 2000 1800 -I I ,- 35 I 1600 ~ - I - Melosira ~ Stephanodiscus 1400 I - Total phosphorus I 30 - :::J 1200 ...J 0 - :J ("') - E 25 (f) E 1000 2 - 0 Q) .c: E a.. (f) :J 800 0 0 .c. > 20 a.. .2 (\1 CD 600 I~ ..... I 0 ~ 1\ t- 400 , - 15 200 ~ 1m IU_R 1~9 II~ I~ It! 11.1 III II I I ~ o I .1.'1 .m .t:'~ .m _Ill .n .(1'1 _,,'I .tt _"I .r.1 .'.1 .I~ _I'-) .. -- . . I 10 , I I I I ~ 1980 1985 1990 1995 2000 p4 20 ---' ___-1-.--' ~ 5 .-\------- ----...- -,-- ~ 0 -' -------- --- 5 -'---- -- o 89 78 20 ~5 - -.- 1 a-Ini\ \\ nr,.-...- 5 -1"'''''''''..'- o --'i-rr-T' \ 89 78 "'1 - I - - ----.~-* 1 1 1 1 1 1 I 1 1 - - - - - - - - -- - - - - - ........ i .-lIlT ~- 25 20 ~5 ~O 5 o 89 year 78 '00 p~ p3 -- - -- 08....r-e--3 AnnUa\ ,"'v..... Zoop\an\<.ton species R\chnesS '00 '\ 65 p5 20 ~5 - - ,10 ---- .-.---- -- ~ -- - - - - - - ----~---"---- - - - - - - - - - - - .--.-r\TT - 20 15 10 - ----- - ~ ,-' ---- .--- 5 --'-- o 89 '0 '00 5 0- 78 '00 78 89 .. \I' .. c..... "'" .. ,. hs 1.J-IL '-I Zooplanl(ton Biomass Station P 1 Station P4 400 100 " 0~ E E - - C1 C1 E -S 80 ';; 300 (/] VI (/] co co E E 0 0 in in iii iii ~ 200 :J C C C <{ <{ 40 c c: co co Q) Q) ~ ~ Q) 100 Q) > ,~ ~ ]i 20 "3 :J E E :J :J 0 0 0.-, , 1990 1992 1994 1996 1998 2000 1990 1992 1994 1996 1998 2000 - Cyclopoid copepods Non-Daphnid cladocerans Calanoid copepods Daphnid cladocerans cY ~ 40 30- P4 20-- ..._II~ O-Lr-~'-'-'-'-' 93 94 95 96 97 98 99 '00 10- 40 30 - 20 10-, O-Lr-----r--r-'-'-'- '-r- 93 94 95 96 97 98 99 '00 P1 40 30 - 20-' ' 10- M1 , Fi3{~r Annual Oreissena Veliger Densities (# x 103/m3) 40 -- 30 -. PM2' 40 - .. I 30 BS - -.... ....... . ~ ~ ~ .. ., 20 -'. I, o _ ell n "I- T T--T 93 94 95 96 97 98 99 '00 Year 4 "'. "IiI! '. '\ _III I I I I I I .,. 93 94 95 96 97 98 99 '00 . . . . . . . . . . . . . . . ... . ., , o L-r-----j---,-- ---,--IIjI---T----T- 93 94 95 96 97 98 99 '00 10 --. of /0 JIb/IOU' . -rota\ pnospnof\.lS (ug1L) 0 ~ ~ 0 0 ~ ..- 0 (/) 0 ~ ~ I.- 0 s::. 0- CO (/) 0 en 0 en s::. S ..- 0.. - +- '. ~ '. 0 \- -+-~ (0 <::s Q) ~ '>- : en en ..- tr.l .~ ~ ~ , tr.l I C rI",- 0 a ~ ~ c \( cv .~ - 0- M "'It \ "'- 0 0.. '. ; 0 ~ N J. - a \.J cv \/ ....... ~ cc.: '~ 0 /"'\ \- C) ~ ;---L .E~ \ '..\ tr.l lD en a CP ..- ... (f) ~, (Ij '- .~ Q) "- )- ...... (f) ~1.S'. \ ~ 2 ~ ;: CP en '- ~ ..- tJ) ~ c. ~'Qj 0 ("1 CQ CP en 1- ..- . ... . ^~, : I t . ~ 0 .. \~ CP CP ..- -.c:- 0.. 0 0 0 0 0 0 0 0 0 ~ (<) ("1 ..- (~U11 6U1) sseU1o~9 ,- ,.''''''--'''"'''-- ~"'-.,"~"' ''''..,5A --} , \ , file :IIIU ntitl ), c '-";! I May 8, 2002 .~ RECSVED MAY- 9 200Z Mr. Mayor and Council, ORO-MEDONTE TOWNSHIP My daughter and I were awakened at 4:11 AM. this morning by the sound of dump trucks (3' unloading their loads and the doors of these dump trucks banging several times with each unload as they then pulled away from Duncor Industries on the 4th Line of Oro South. On ' Monday May 6, 2002 we were awakened at 5:03 A.M. by the same sound. It usually does not . begin until around 6-6:30 AM. " ..........., Since mid-March of this year there has been incessant dumping, levelling and rolling of the yards of Duncor and Vandergeest Industries from approximately 6 - 6:30 AM. with Vandergeest working sometimes until midnight with the doors wide open facing me. With the exception of the last 3 days of last week (May 1-3) this is continual, yet sporadic, therefore unsettling. The dumping of truckloads of soil by Duncor onto Vandergeest's yard as well as very recently, its own, then the levelling sometimes by as many as three beeping bulldozers and a roller, occurred many times last year, but has increased monumentallly this spring. Then at times they haul the dirt away that they had dumped! Please refer to my previous correspondence and photos to Council throughout the last year. As of March 19,2002 there has been no contact from anyone regarding possible solutions to this now intolerable situation. Prior to that there was also no response or contact regarding this situation except at my presentation to the Committee as a Whole at which time a berm on my property was suggested to which I provided a response. The exception to this has been follow up by the Ward 4 Councillor, Mr. Harry Hughes, who has listened and been supportive. This intolerable situation is creating numerous physical and emotional symptoms for myself and my family as a result of the insomnia, anxiety, anger as a direct result of the actions of these industries and the non-action and avoidance of Council and department members with regard to my previously stated concerns. It appears to me that there is a conflict of interest here with Duncor doing work for the Township. If there is no satisfactory solution proposed within the next two weeks, another route of action will be necessary (legal, media). No one should have to live in these circumstances in beautiful, quiet, rural, environmentally-conscious Oro-Medonte! Refer to copies of previous correspondence dating back to June 25, 2001 as well as my "public opinion suggestions" regarding changes to the Official Plan and a very specific Noise By-Law which I will leave at the front desk later today. : c9juM -J tL~II-LC-V- (JJ-~~jrJ~1 Irena-Wieslawa (Versha) Szczebior , cc: G. Dunlop D. Goldhawk J. Cockburn 5/8/2002 8:22 AM , I € i~LiJ ~ !.JL 1'-'1 5a-~ THE CORPORATION OF THE ~t~~~~f~}.:~~)gf~:~~~'~~'Y~:?t!~~!t;i~~':.~r~~':): ~:-~~;'f~~-i~;::~~~:.&. *:."::~~~~~:',-. 7 148 Line 7 5.. Box 100 Oro. Ontario LOL 2XO TOWN~tIIP rgff)-~~~ Phone (705)487-2171 Fax (705) 487-0133 www.township.oro-medonre.on.ca March 19, 2002 Ms. Versha Szczebior RR#1 Shanty Bay, ON LOL 2LO Reference: Buffering/Screening of 279 Line 4 South. Oro Dear Ms. Szczebior: The Council of the Township of Oro-Medonte passed the following motion at the Committee of the Whole meeting of February 27, 2002 with respect to the above- noted matter: "It is recommended that the correspondence from Versha Szczebior, Shanty Bay re: bufferinglscreening, 279 Line 4 South, Oro be received and referred to staff for a report to CounciL" The Director of Engineering and Environmental Services will bring forward a report for Council consideration of your concerns. We trust the above is self-explanatory; however, should you have any questions in this regard, please contact the undersigned. Yours truly, ,~ \ . j~' ') lV~J...It--- ;;:/1.../7,^,</~~""..,;2 cl,j..LJ "- /-' Marilyn Pennycook L Clerk ... Idrw 5Q.-- ~ 279 Line 4 South R.R. #1 Shanty Bay, Ontario LOL 2LO April 18,2002 Marilyn Pennycook, Clerk Township of Oro-Medonte P.O. Box 100, Oro, Ontario LOL 2XO To: Members of the Council of Oro-Medonte RE: PUBLIC INPUT INTO THE NEED FOR REVISIONS TO THE OFFICIAL PLAN OF THE TOWNSHIP OF ORO-MEDONTE - SPECIAL MEETING MAY 8, 2002 .. Regarding the request by the township for public comments into the need for revisions to The Official Plan ofthe Township ofOro-Medonte, I respectfully submit the following suggestions: 1. Under Development Policies - A section be adoed for existing industries and commercial ventures in which adequate buffering/screening and landscaping of current industries or commercial enterprises within 2,000 feet of a residence or agricultural enterprise be made mandatory and enforced - for the mental and physical health of the occupants of the neighbouring residence; for the health and safety of any animals or crops on the neighbouring residence or agricultural enterprise thereby ensuring the livelihood of the owners of the residence or agricultural enterprise; to maintain the market value of the residence and agricultural property in the vicinity rather than decrease its value by tens of thousands of dollars; for the health, safety and protection of the water sources and environment in the immediate vicinity of these industriaVcommercial businesses which may be affected by chemicals, dust, toxic fumes, noise etc. The buffering/screening/landscaping should be sufficient and high enough to adequately block out the view of the industry and its noise within a minimum length of time (example, within 3-4 months of completion/occupation of the facility) rather than theI2-IS years which it takes seedlings to mature. Fences should be barrier type(wood rather than chain link) and high enough to block out viewslnoise and must be sufficiently maintained to prevent eyesores from developing in the future. Currently a high standard oflandscaping is required on new businesses adjacent to Highway 11 only and outdoor storage screened from Hghway 11 only. .5 b ,Lf RE: PUBLIC INPUT INTO THE NEED FOR REVISIONS TO THE OFFICIAL PLAN OF THE TOWNSHIP OF ORO-MEDONTE - SPECIAL MEETING Cont'd. Irena- W. (Versha) Szczebior -2- 2. Under the same policy that new industries/commercial businesses also be bound by the same provisions as I have suggested above for the same reasons and that they be applied to within 2,000 feet of a residence or agricultural enterprise, rather than "adjoining" or "adjacent" as currently defined by Council. 3. Under the same policy that any re-development of existing industrial/commercial uses involving expansion be under the same site plan control provisions as I have suggested above as it applies to their expansion. Currently existing industries may expand up to 25% each year and avoid being under the current site plan controls. 4. Once again as in D7.5.l.g) "close promiximty" be defined as approximately 2,000 feet for existing, new, and re-developed industrial/commercial businesses and that adjacent, abutting, and adjoining be dropped from the wording of the policies. 5. That a noise avoidance policy or bylaw be incorporated into the official plan as it pertains to industries/commercial businesses - with definitions of types of noise pollution (e.g. grinding, welding, lift trucks, dump trucks, painting, spraying equipment, hammering, banging of metal etc.), the times of day that this type of noise is allowed (for example: 8;00 a.m. to 6:00 p.m. only), and enforcement policies - whether it be through a bylaw officer or other agencies. Again this needs to be defined and made immediately enforceable for the physical and mental health and protection of humans, animals, crops, property values, and the environment. Respectfully submitted, d). uJ. ~~ Irena-W. (Versha) Szczebior cc: H. Hughes /iws ~. -< .:::a J ~ VERSHA SZCZEBIOR R.R. 1, Shanty Bay, Ontario LOL 2LO (705) 487-7562 February 18, 2002 The Corporation of the Township ofOro-Medonte 148 Line 7 South Box 100 Oro, Ontario LOL 2XO Attention: Ian Beard, Mayor Jennifer Zieleniewski, c.A.O. Keith Mathieson Mr. H. Hughes Members of Council Gentlemen and Madams: RE: BUFFERING/SCREENING OF 279 LINE 4 SOUTH, ORO Further to your letter of November 20, 2001 I offer the following response. 1. Regarding the "present Official Plan policies requirement" and "present controls" in place, I suggest that these policies be amended to protect a residence or agricultural enterprise from the effects of industries/commercial businesses, both for existing and future businesses, as soon as possible 2. Regarding Duncor Enterprises Inc. and the Township not having means to require them to contruct buffering/screening at "this present time", Council mayor may not be aware that Duncor surrounded their industry with a see-through wire mesh-type fencing with barbed wire on top at the end of December 2001. Needless to say, in spite of their previous dialogue with Council members about my concerns, this type of fencing does not afford any buffering/screening whereas a solid type of fencing along the south side (such as the Drive-In has) if encouraged by the Township, would have. IfDuncor now planted two rows of mature (7-8') evergreen trees along the south side of the mesh fence this spring, this would certainly be one solution. If Vandergeest Welding then planted a similar two rows of mature evergreen trees in alignment with Duncor, it would help solve the current problem. 3. I do not agree with your statements regarding loud beeping or any other type of noise as being a temporary condition. I live there, you do not. Please refer to my original letter to the Township as wen as the notes on my personal statement to Council. As for members of Council's comments that they did not notice any noise, dust clouds etc., when they visited, there seemed to be an almost uncanny ability of Vandergeest in particular to be quiet at these times as if they knew ahead oftime when a visit would occur. 54{, I.W Szczebior, 279 Line 4 South, Oro - 2- It is obvious that the situation with noise, dust, etc. is not as bad when there is snow or it is cold during winter when the enormous doors facing me are not open because of the temperature, nor is there as much activity with trucks, etc. from both enterprises. It is much worse from early spring to late fall. 4. Regarding the berm on MY property solution which was brought forward by a member of Council at the October 24,2001 meeting, this did not cross my mind as a possible solution. I had hoped instead that Council would either encourage the industries in question to build a berm with trees on top or similar landscape screening/buffering to protect me, or would amend the plan/policies/controls in place to be able to enforce all industries to comply with new policies. Your letter states the "Township is willing to assist me....when projects allow the opportunity". This is a very nebulous statement. This is not a good solution from my point of view for the following reasons: a) There are no details regarding the where, when, what material, how long, the costs involved, the completion, the trees on top, etc. b) Two years ago I spent over $550 adding gravel and grading my 300' long driveway. Large dump trucks going up and down would surely flatten and rut the surface so that it would have to be done again at a substantial cost c) The berm would need to be very high and long in order to shield the view of the very tall buildings involved - who would level off/complete the berm - who would plant trees on top, at whose cost? d) The field involved next to my driveway and house in which the berm would be built would be unrentable and unusuable for planting/harvesting until the work was completed which at the meeting was suggested could take several years, thereby decreasing both rent and crop production e) What would the content of the berm material be, from what sources, what assurances would there be that the soil was not weedy, contaminated or toxic in nature f) At the beginning of the construction/expansion of the three industries in question, two springs ago I planted 50 seedlings along the separating fence line spaced 5' apart. These seedlings would of course be killed in the process of creating a berm 5a-l l.W. Szczebior, 279 Line 4 South, Oro - 3 - Council's proposed solution of a berm on my property could create even more problems for me. A better solution would be as above #1, #2: 1) Amend the present official plan and present controls to protect residences and farms a specific number of feet away (example, within 1200' of an adjacent border) with buffering/screening guidelines - have it apply to all existing industries as well as future ones 2) Encourage Duncor and Vandergeest to plant at least two rows of mature evergreen trees along the south side of Dun cor's recently erected wire mesh fence continuing along the south border of Vandergeest's property and any future industrial growth adjoining my borders 3) If the above two are not possible within a reasonable length of time (by the fall of2002) then I would suggest financial and physical planning and assistance from Council in planting at least two rows of mature i.e. 7-8' evergreen trees along the adjacent fence border on my side taking into account the seedlings already planted there. This may be the most cost effective and environmentally friendly solution. Since no other possible solutions relating to the buffering/screening being placed on my property were considered by me or discussed at the meeting, I would suggest the berm being built on my property be put on hold for now and two or more rows of mature evergreen trees be planted along the fence border (between my property and EricAnna) on my side beside the existing seedlings (40 are left and are about one foot high) with Oro's assistance. Of course 1 would be open to other solutions as they pertain to being placed on my property to protect my residence and agricultural land from the offending industrial properties. Sincerely, ~~ - GLo. ~ c Jd--~' Irena-W. (Versha) Szczebior liws '\ , (- -, .A ,~,r u~ ..l......:. { ()..~~(...._ (. L. , _,..:l__ n ',.:./..~.( - /;,."'./ ..... '.... S0 -~ THE CORPORATION OF THE , 1~~~~;d:*~~'i'-j.:t~; :~; .i~;~.~::~~~t'.~T~r;~.~-';.:.;:~~ ;':~~'~~:'"/' :~;.;;Z:'" ;.f'f.f(:~,,;::~:~ 148 Line 7 S.. Box 100 Oro, Ontario LOL 2XO TOWN~I1IP rg/V-orJ#b~ Phone (705)487-2171 Fax (705) 487-0133 www.township.oro-medonte.on.ca November 20,2001 Ms. Versha Szczebior 279 Line 4 South R. R. #1 SHANTY BAY, Ontario LOL 2LO Dear Ms. Szczebior: Thank you for your correspondence with regards to the buffering of 279 Line 4 South. '\' ; ,1. / .~ I The pLe.sent Official Plan policies of the Township of Oro-Medonte for buffering involves the requirement by industrial/commercial properties abutting residential properties to construct adequate buffering and would be addressed under Site Plan Control. Under these Ple~ent cogtLols... the only property required to construct this buffer is the property owned by Ericana Industries Inc., which borders along your north property line, if they were to add more than twenty-five (25) percent floor space to their existing buildings. In conversation with the owners of this property, there are no plans to expand their existing operation in the near future, but have been made aware that buffering would be a condition of Site Plan Control if and when expansion takes place. ~ ~ ~ ."r , " ,(. " .~ ,..\ \ ~ ~ As neither Ericana Industries Inc. or. Duncor Enter:e.rises Inc. are subject to Site Plan \,' c Control Agreements, the Township has no means of requiring them to construct '\, 'buffering or screening ,at this present time. Jess-Cor HOldirigsTn'c-:!s-under a Site Plan . ," Control Agreement butCfr'el1Dt required to construct buffering or screening, as their ,~,:;~., . :;. property is not abutting a residential property. Mr. Vandergeest, the owner of Jess-Cor :,""','\ Holdings Inc., has indicated he is willing to-I2lant_tr.e.es_..atQog,_the south limit of his .. ,.' property, which will provide screening of his property in the fut!,!re. /, , - Your reference to loud, irritating, beeping noises was a temporary condition, which occurred during placement of fill in the Jess-Cor property, and is a requirement by law for all industrial/commercial vehicles while travelling in reverse. .., . . ./2 5^C( ~q Page Two Letter to Versha Szczebior Re: Buffering of 279 Line 4 South November 20,2001 At the Regular Committee of the Whole Meeting, which you attended on Wednesday, October 24, 2001, a solution for your consideration to your concerns was suggested to construct a ~n your property. The Township is willing tQassist YOU by constructing a burm on your property when municipal projects allow the opportunity. 7 1 Please contact the undersigned, in writing, with your intentions pertaining to this solution. Sincerely, \. 'J j -. ' {' ,< ,,' '..~~ ,'., I I j . .t___~/ ....::.--.---' , ," - , , Keith Mathieson, C.R.S.I. Manager of Public Works r" KMlps /.^-[' I , , c, c.c. Jennifer Zieleniewski, C.A.O. . , p.Y- Ian Beard, Mayor . y_c I M~mbefs, of CQuncil fv~ ~-' ..- } \...C r- Cl 1" -J. fj.j, ') -I-u"* - 8-- r !,J..... , .. - 1--- '<, t.... ',. '., ," . c. . -'., l,,'..k. '.: ~t '- jv-'-'" '.. J! ^,l"'Vv-'1 L-ct. (\. \..,~ . ./ '-. I... r ,A..' ~~.... , ~ I . ~~ cJii,'" ctv~:~'~' ~-- :.... ., ,..,.. (.(f)~ IUJfA.,''1 h f(o/c.c;t ~ / '\ ~ ,; ~y",- i J.J:k.t:.<...,:rl'V I .:.,. /' /' I . I ~ /-- ~ / .L." ;,-, I ! i " v ....,.-......-.1. . \:. r' ......~.. . ~..,. '-' t ."- "/...,;" / ;_........~ .' '< . t.--..,.,._.. ./' - . "Iof.,_,_ , -' e.-,.-;,,-~1- .... .--' ~.- . : ().. '. "'Q'\..~ \ . ,;;... .. .'...... ~' "..,../ ". ~.. - "-. .."'). - - '!. :., L':~~}-< '. , i~" ~_.1 ; ..,-' ~ r/ " ... ",-," , '" ....-' r'-.-, ( r'~ -' ,-,- -/' . - ' !'e, I ,,,_ I L...... ~"_.. , \ \ ',- ...' ) , - \,.' ~$v f'f. ...,r D v"../\,"" . ~ 1,_ ,[) \ 'l..-Q,.'t ,,_Y Q... , _ ~'f p..--' j'.J<. ,. .,' .I -i ./ J:.:.~."'.. (~ of ....:- ~ ......1. , I, '- '-.'. --~....~_.. '.' . !f'" .-. t'... \..:: :..- -' l J ~ J. t:' "'---.-....... --... I , '-'~, - ., "..J , , ,.- c ::Ja -' 10 October 24,2001 STATEMENT RE #279 LINE 4 SOUTH (LOT 22, CONC.5, ORO) AND NEIGHBOURING INDUSTRIAL PARK First I would like to present some background, then my views, and then propose some solutions. The subject properties (159 acres) have been residential and agricultural pre-1870's. The above properties have been in my family since 1986. Prior to that my father rented the land since 1967 and used it for agricultural purposes, both crops and pasturing cows. It has always been an agricultural enterprise, both owned and rented. In August of 1999 I moved onto the farm in the pursuit of a peaceful country existence free from stress. Hamm's, the adjoining industry was small, but expanded last year in 2000, therefore should still be covered under Section D7.,5.1 (more than 25% expansion of the floor area may be subject toSite Plan Control.) Duncor, a large construction company with loaders, bulldozers, dump trucks, next to Hamm's was built recently, but its yard and machinery area have become much larger in the last two years extending to the newly built last fall in year 2000, Vandergeist Welding. Within the two years that we moved into our idyllic retirement setting, we have watched the adjoining business (Hamm's) expand with some storage of debris in view of my laneway and yard, Duncor expand its line of trucks and heavy machinery further down the field up to Vandergeist Welding which was built in 2000 with its tanks, machinery, paint spraying equipment and its extremely high doors, all facing my front verandah, laneway and yard. No effort has been made by any of these three industrial sites to buffer the visual and noise impacts of their businesses on my agriculturally and residentially zoned property. The noise begins at about 6:00 a.m. with the Duncor trucks unloading and loading the dump trucks, and by 6:30 a.m. there can be banging, spraying, welding, and the beeping ofloaders up to approximately 11:45 p.m., six and sometimes seven days per week. Think about this: shortly after 6 a.m. to almost midnight 6 - 7 days a week. There is no weekend for us anymore. In this past first week of October I seriously considered calling the Police at 10:30 p.m. when the banging on pipes was so loud from Vandergeistjust as we were about to go to sleep. I was so frustrated that I could think of no other recourse but to call the Police because the noise was such a disturbance. I have been informed that Vandergeist does have an afternoon shift working. How long before this becomes a fully fledged 3 shift 7 day operation? The doors which face my front and side"yard are about three stories high, are always open, bright lights flooding out up to close to midnight, with banging, and even loaders zipping around at bedtime, and then, we are awakened by the incredibly loud banging of dump trucks unloading and loading shortly after 6 a.m. and trucks going up the road or the beeping noise of loaders driving backwards. ... 5a -\1 Lot 22, Conc.5, Oro. 279 Line 4 South & Industries -2 We cannot leave our windows open at night in the summer, or in am home on my day off on Friday, or on weekends, we cannot leave them open during the day either. At times the noise of trucks or machinery literally creates vibrations inside our house. We keep our blinds closed in the living room and dining room which face these doors, at all times after dusk. When we decided upon this farm as our future retirement home, many thousands of dollars were spent on repairs after years' of tenants neglect, including an old fashioned verandah to sit on warm summer nights and to enjoy the sounds, sights, and smells of the nature. Now we cannot sit on our lovely verandah because of the noise and visual impact of these industries' activities, all of which face my home. In addition to banging, grinding, whistling, beeping and welding, there are major dust clouds of what I assume is spray paint used to complete very large welding jobs, which billows into the air sometimes for days at a time in the humid, heavy and still air of the summer. Surely this in itself is an environmental and health hazard. My family's quiet enjoyment of our retirement home has been severely curtailed by the noise and visuals. Any animals (cows, horses, sheep) which may roam about would be adversely impacted by all of these noises, and as well my property value and resale potential has been severely affected as confirmed by Royal LePage. These all amount to environmental pollution, noise pollution, visual pollution due to the long lineup of heavy duty machinery, storage trailers, trucks, loaders, signs, lights, tanks and items waiting to be repaired, and possibly hazardous chemical pollution due to the spray painting fumes, all in close proximity to a farm and residence. I refer you to the photos previously sent to Mr. Beard and extra copies that I have with me now. To this purportedly environmentally-conscious Council, and I refer now to Mr. Beard's election campaign brochure in which he stated that "in the interest of keeping Oro- Medonte beautiful, I will not be placing any signs. I do not believe that anyone who cares about the township's'natural appearance or our environment would pollute it to win an election" (see copy) I maintain that this situation is infinitely more environmentally pollutant than signs which can easily be removed, and to the suggestion that nothing can or will be done, I say this is not acceptable. These industries are interfering with my daily life to the point where I am about to call the police to report the noise. There must be a solution to this distressing, intolerable situation barring trying to sell it off at a pittance since no-one else wants to live or raise livestock or horses next to this tumult which is obviously worse in spring, summer and fall. Add to this mix the Cleamet tower eyesore, the traffic congestion, noise, garbage from the drive-in as well as regular vandalism, and the Line 4 South does not appear to be a place where anyone would like to reside or farm, unless of course Council upholds and enforces the existing official plan or amends it. Or is my family forced out of our retirement home, or Oro, because a solution cannot be found? 5a - ,~ Lot 22, Conc.5, Oro, 279 Line 4 South & Industries .... -:} - As I read Section D7.5.1 it appears that "new" uses would apply to Vandergeist Welding which was just built. B) states "adequate buffering from adjacent residential uses shall be provided on site" The dictionary (Webster's, New Webster's) definition of "adjacent" is "lying near, close at hand, neighbouring". I am adjacent to an entire industrial park, i.e., park being more than one industry. Whether Council uses their selective interpretation of "adjacent" as "abutting" is irrelevant since I am in fact "adjacent" (i.e. lying near or close) to not one industry, but an entire industrial park. In G) it says where a proposed use abuts (next to) OR IS IN CLOSE PROXIMITY to an existing residential use, fencing, landscaping, berming or a combination of these features shall be utilized to ensure than there is adequate screening between the uses. This sentence does not say just abuts, but in close proximity to. It does not define the distance in feet, or meters, it simply says in close proximity. Look at these pictures from my porch and yard, we are in close proximity. In C) Buildings are designed to blend in with their surroundings and with other buildings in this area. In my opinion, three storey high buildings with doors just as high with lights coming out of them all evening do not qualify. In d) it states buildings or structures on untreed sites shall incorporate landscaping to enhance the site and surrounding area. These three industries are untreed, their machinery and activities are in direct view of my front yard, living room, dining room, porch,laneway. No effort has been made to beautify the areas directly affecting my family. They decrease my property value immensely. In addition I am told by the township that there is a noise bylaw and that there are no specific times involved. It appears then that these industries are also in contravention of the noise bylaws many days of the year. In addition I began this process on June 5th, -2001 after waiting to see the outcome and effects of these industries and their contribution being very disturbed by the activities, and have received only one piece of correspondence dated July 11,2001 which states that I would be advised of further action by Council. It has taken four months to reach this point with virtually no communication from the township regarding the status. This is not effective communication with taxpayers. These 159 agricultural acres have been fanned and lived in since the mid 1800's. People have lived here peacefully and quietly for well over a century. My European immigrant parents owned the farm across from this one and have been Oro taxpayers since 1954 . ... -'Ii C3 h ,{__ "--u Lot 22, Conc 5., Oro, 279 Line 4 South & Industries -4- I have done by part - I have contacted Duncor, Vandergeist, and also planted 50 seedlings along one fence which of course will take decades to become an effective barrier. I have contacted Council. I do not want to hear that nothing can or will be done. In hearing this I do not feel adequately protected by Councilor the Township, and feel as if I am being forced to leave my homestead and scuttle out of Oro. The solutions to this situation lie in the Official plan in the sections I have read earlier. Enforce the bylaws and the development policies. Make the industries (Hamm's which may fall under the expanding by 25% section, Duncor which has seemingly expanded its yard area, and the newly built Vandergeist Welding) take personal and community responsibility and pride in complying with the Official Plan, with such barriers as fencing, landscaping, benning, trees, opening doors facing the other way, or storing their heavy equipment on the other side of the building. Or, amend the plan to incorporate enforcement of these bylaws and extend enforcement to old and new industries to indeed protect all residential and a2:ricultural taxpayers from industrial pollution. I respectfully request further consideration, discussion and a vote be taken on these Issues. "\ , /; .. \ . </ "'(1 ! ' J '___~>\" /~L~ - Le/. ( L(tt.. ,.J-1Gz }i ~.~~:/xr~.c ,\LL..<..-r1 __ /~ ,,,,,,/ J Irena-W. (Versha) Szczebior /vs cc: M. Pennycook, Clerk Page 1 of 1 Main Identity csq - 14 From: "versha john" <vjjohn@sympatico.ca> To: <harry.hughes@township.oro- Sent: Sunday, July 15, 2001 5:06 PM Subject: telephone conversation of July 13, 2001 As per your suggestion, I have sent e-mails to the CAO et al. However in response to a couple of items you mentioned, Vandergeist had already piled up earth, (berms?) earlier this spring facing my right of their large entrance door by the newly parked white transport storage trailer. From their perspective these might be the berms you had mentioned they were to put in place which of course do me no good. As for the location of the buffering now and for future development going north to Cone.5, ideally it should be down along my fence, from ConcA down to wherever the development ends as you suggested. I believe buffering is to surround the perimeter of the industrial development does it not? However, does this mean that Hamm's, my next door neighbour would be solely responsible providing this, or would it be a shared responsibility among the three industries? I did mention having the buffering by Duncor and Vandergeist's border simply because I could not imagine Hamm's, which is minor in comparison, agreeing to provide the length of buffering by my fencing, alone. V. Szczebior viiohn@sympatieo.ca ~ 7/15/01 Page 1 of 1 Main Identity 54 ~)5 From: "versha john" <vjjohn@sympatico.ca> To: <harry. hughes@township.oro-medonte.on.ca>; <ron. kolbe@township.oro-medonte.on.ca>; <cao. township@oro-medonte.on.ca>; <neil. craig@township.oro-medonte.on.ca>; <ian.beard@township.oro-medonte.on.ca> Sent: Sunday, July 15, 2001 11: 15 AM Subject: 279 Line 4S, Oro, BUFFERING OF NEIGHBOURING INDUSTRIES Further to my letter of June 25, 2001, the situation with the neighbouring industry, Vandergeist Welding in particular, is worsening. This business which sometimes stays open varying hours into the evening (past 11 :30 p.m. on July 13th) as well as on weekends, is now doing very noisy all-day grinding and whistling apparently being made by two separate machines relating to their business functions which causes major dust clouds, as well as other large machines, transport storage trailers, etc. being brought on site. This noise, visual and environmental pollution which has absolutely no buffering/screening provisions, as well as the other industry, Duncor, adjacent to it, is becoming intolerable. To date I have not received a response to this matter. When may I expect a response and speedy resolution? Sincerely, Versha Szczebior (Ms.) vjjohn@sympatico.ca '.. 10/3/2001 Page I ot I Main Identity 5{j - I b From: "versha john" <vjjohn@sympatieo.ca> To: <ian. beard@township.oro-medonte.on.ca>; <harry. hughes@township.oro-medonte.on.ca>; <cao@township.oro-medonte.on.ca>; <neil. eraig@township.oro-medonte.on.ca>; <ron. kolbe@townhip.oro-medonte.on.ca> Sent: Friday, July 13, 2001 9:24 PM Subject: 279 Line 4 South (Lot 22, Cone.S, Oro) RE: BUFFERING/SCREENING OF 279 LINE 4 SOUTH (LOT 22, CONC.5. ORO) FROM NEIGHBOURING INDUSTRIAL BUSINESSES Further to my letter of June 25, 2001, the situation with the adjacent Vandergeist Welding business is worsening daily, both in noise, visual, and environmental pollution. As of this week there is now very noisy all-day grinding and whistling which also creates major dust clouds, apparently caused by two separate jobs and pieces of machinery relating to their business functions, as well as additional large machinery, transport truck storage etc. being brought on site. To date I have not received a response from Council. When may I expect to hear proposed solutions to this distressing situation? Sincerely, Versha Szczebior (Ms.) .... 1 O/3f200 1 THE CORPORATION OF THE C(j-i1 148 Line 7 S.. Box 100 Ora. Ontario LOL 2X0 TOWN~tIIP -&/V-Of7#b~ Phone (705)487-2171 Fax (705) 487-0133 www.township.oro-medonte.on.ca July 11,2001 Ms. Irena-Wieslaw (Versha) Szczebior 279 Line 4 South RR#1 Shanty Bay, ON LOL 2LO Reference: Neighbouring Industrial/Commercial Enterprises Dear Ms. Szczebior: Your correspondence dated June 25, 2001 with respect to the above-noted matter was received by the Council of The Township of Oro-Medonte at the Council Meeting held on July 4, 2001. A motion was passed to refer your correspondence to staff for a report to Council following a site inspection. We will advise you of further action by Council in this regard following the site inspection and Council's receipt of the report from staff. R~spectfully, \ / .i ~ J" ~~vcv ~U!~7 :<..t;-f!1;:;.- Donna Worthington .J Administrative Secretary Idrw c.c. Jennifer Zieleniewski, CAO Ron Kolbe, Director of BuildinglPlanning 50- {11 279 Line 4 South R.R. # 1 Shanty Bay, Ontario LOL 2LO June 25, 2001 The Corporation of the Township ofOro-Medonte P.O. Box 100 Oro, Ontario LOL 2XO Attention: Mr. Ian Beard, Mayor Mr. Neil Craig, Deputy Mayor Mr. Harry Hughes, Councillor Council as a Whole Dear Sirs/Madams: RE: 279 Line 4 South, (Lot 22, Cone. 5, Oro-Medonte) The above property has been in my possession since 1986, and prior to that was owned, rented and tenanted by others. My family physically moved onto this property in August 1999. At the time there was one building adjoining my property (Hamm's) and another being built (Duncor). Within two years I have watched the adjoining business expand, with a storage of debris in view of my laneway and yard, Duncor expand its line of trucks and heavy machinery further down their industrial field; and a new industry (Van der Geist Welding) built last fall with its tanks, machinery etc. and its high doors all facing my yard. No effort has been made by these industrial/commercial enterprises to buffer the visual impact of their business on my agriculturally zoned and residential area. I have contacted Duncor to be told there is nothing they can do about it. Until a couple of weeks ago, the DuncorNandergeist businesses began around 6 a.m. and were still going until 8 - 9 p.m. with trucks dumping their load continually making very loud, irritating noise, beeping, dust, etc. Vandergeist Welding also operates all day Saturday. Many other townships such as Severn, Innisfil, Springwater- (site plan specific) have buffering and general provisions on planting/fence etc. requirements in their zoning bylaws to lessen both the noise and visual impacts of industry on their residential/agricultural neighbours. For example a high berm with trees on top would reduce noise as well as offer a visual barrier. Enclosed are photographs which show the visual impact from my newly renovated front porch. There must be some action taken by Council to minimize the effects of this rapidly growing and expanding industrial park area on my property. -5 fI- ,e; Lot 22, Conc. 5, Oro-Medonte (279 Line 4 South) - 2- The quiet enjoyment of our home is being disturbed by noise, any animals which may roam about on my properties will be adversely impacted, the unsightly aesthetics of these industries is causing us frustration, interferes with our peaceful, private, country lifestyle, as well as decreases the property value of my land and residence as I have been informed by realtors. I urge you, Mr. Mayor and Council to assess this situation promptly as this industrial park continues to change and expand almost on a daily basis in the hope of alleviating the impact on my family dwelling, as well as the impact of any other current or future industriaVcommercial developments on adjacent residences or agricultural land in Oro- Medonte. Please respond in writing regarding Council's intentions to resolve this matter promptly in a satisfactory manner. Sincerely, Q I A , i' d i., .( r Ai" ~ Li{~ ~!JJ Ij!j;)'~~'(;./~ ~{~~~ '-' Irena-Wieslawa (Versha) Szczebior /vs r . , \. ::Jb .' May 1, 2002 i I ! ( \ /!::~t; #~ ~-;~~' ~; ~!t:: ~, "~1f,, Madame CI@tk Box 100 OroMedonte, Ontario LOL 2XO Beth Bashford 5 Sugarbush Rd. R.R. #4 Coldwater, Ontario LOK IEO 835-3687 '. '<" " Dear Madame Clerk, We have just moved into the wonderful community of Sugarbush, in Oro Medonte, and are enjoying it immenseJy. 1 was however, rather shocked to find that it is lacking a community park/playground. This just does not seem right for an area so filled with youngsters. hi fact, J have been told that there are so many children in this community, that a second school bus was needed to transport this community's youngsters to school. 11 does not take a large park to satis~y the playfulness of a great number of youngsters. I'm sure we've aU had the wonderful opportunity to watch many children making good use of a somewhat smaU playground. For children, any type of playground is an asset. Playgrounds not only help youngsters build strong social skills, essential attributes in ones future, but parents alike often gain valuable contacts, experiences and knowledge from others while sharing time at the local playground. The old saying; "it takes a vilJage to raise a child", surely must have been making some form of reference to the local gathering spot - the playground! With this letter, I am asking you, Madame Clerk, to bring to council for consideration, a request for a playground for the Sugarbush Community. ) look forward to your reply. .. Sincerely, , ~~ Beth Bashford The Corporation of the County of Simcoe May 6, 2002 Tel: (705) 726.9300 Fax: (705) 726.9832 Beeton Area: (905) 729.2294 Administration Centre 1110 Highway 26 Midhurst, Ontario LOL 1XO ENVIRONMENTAL SERVICES DEPARTMENT Telephone Extension 289 Members of Council Township of Oro Medonte P.O. Box 100 Oro, Ontario LOL 2XO Dear Members of Council: I would like to extend congratulations from the County of Simcoe to you and your residents for the recent receipt of a Municipal Waste Minimization A ward from the Recycling Council of Ontario. The awards are held annually, and are designed to recognize municipalities, regional governments and groups of municipalities that divert a significant percentage of waste from disposal. Both historic improvement in waste minimization performance over the past three years and overall performance in the year 2001 (measured in kg of waste per capita) was considered. Bronze Award Winners, such as the Township of Oro-Medonte, are municipalities that generated between 216-280 kg per capita, a 20% reduction from the estimated provincial average. We are very proud of our resident's efforts towards waste diversion, and are pleased with the relationship that has developed between the County and your municipality with respect to waste management programs. We look forward to continuing co-operative efforts in the future to achieve new and ambitious diversion goals. S/l& ~ Mark Aitken Director Environmental Services Department County of Simcoe. ~~e-4 Rosanne Fritzsche Waste Reduction Officer @ b q-/ TION OF THE CITY OF BARRIE TION OF THE CITY OF ORIlLIA N OF THE TOWNSHIP OF ORO-MEDONTE and * Part of lot 19, Concession 7 Township of Oro-Medonte, County of Simcoe Designated as Part __ on Plan SlR- (0 CI-cZ THE CORPORATION OF THE CITY OF BARRIE, THE CORPORATION OF THE CITY OF ORILLIA and THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE and * Agreement of Purchase and Sale TABLE OF CONTENTS 1. DESCRIPTION AND PURCHASE PRiCE........................................................ 5 2. DE PO S IT .............................................................. ............................................ 5 3. PRICE ADJUSTMENT AND SURVEy............................................................. 5 4. ACCEPTANCE AND CLOSING DATES .......................................................... 6 4.1. Irrevocable Date............................................................................................................................... 6 4.2. Acceptance Conditional................................................................................................................... 6 4.3. Completion Date .............................................................................................................................. 6 5. MUNICIPAUINTERNAL SERVICING .............................................................. 6 6. BUILDING PERMITS AND SITE PLAN ........................................................... 6 6.1. General.............................................................................................................................................. 6 6.2. Site Plan ............................................................................................................................................ 6 7. PURCHASER'S CONDITIONS ........................................................................ 7 7.1. Zoning, Use and Restrictions .......................................................................................................... 7 7.2. Soil Conditions and Environmental Tests...................................................................................... 7 7.3. Notice re Conditions ........................................................................................................................7 8. PURCHASER'S ACKNOWLEDGEMENTS AND COVENANTS ..................... 8 8.1. Acknowledgement Regarding Registered Title ............................................................................. 8 8.2. Acknowledgement Regarding Management and Covenants........................................................ 8 8.3. Land Sale Policy ............................................................................................................................... 8 8.4. Purchase "AS IS" ............................................................................................................................. 8 8.5. Airport Operational Policies and Liability.................................................................................... 9 8.6. User Fees ........................................................................................................................................... 9 8.7. Capital and Operating Improvements ........................................................................................... 9 9. PURCHASERS DEVELOPMENT COVENANTS AND SECURITy................. 9 9.1. General.............................................................................................................................................. 9 9.2. Security ........................................................................................................................................... 10 9.3. Defa ul t............................................................................................................................................. 11 10. TITLE MATTERS ........................................................................................ 11 10.1. Requisition Date ......................................................................................................................... 11 10.2. Title ............................................................................................................................................. 11 10.3. Documents of Title ..................................................................................................................... 11 11. GENERAL PROVISIONS ............................................................................ 12 11.1. Realty T axes ............................................................................................................................... 12 11.2. Conditions................................................................................................................................... 12 11.3. Time of the Esseoce.................................................................................................................... 12 11.4. T eoder ......................................................................................................................................... 12 11.5. Family Law Act Compliance.....................................................................................................12 12. AMENDMENTS AND OTHER GENERAL MATTERS ................................ 12 13. NON ASSIGNMENT .................................................................................... 13 14. NON-MERGER AND SEVERABILITY OF COVENANTS........................... 13 15. SUCCESSORS AND ASSIGNS .................................................................. 13 16. SCHEDULE "A" .......................................................................................... 15 17. SCHEDU LE "B" .......................................................................................... 21 . ... . ." ...,.~~. _______.L_ __~__u..._ ~C\-3 fa C( - '-/ THIS AGREEMENT made ,2002 BETWEEN: THE CORPORATION OF THE CITY OF BARRIE THE CORPORATION OF THE CITY OF ORILLIA THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE (the "Vendors") - and - * (the "Purchaser") 1. DESCRIPTION AND PURCHASE PRICE The Purchaser hereby offers to purchase from the Vendors the property located in the Township of Oro-Medonte consisting of ( ) commercial airport development lot(s) located within the South-West Commercial Development Area (Airside) of the Lake Simcoe Regional Airport more particularly described as Part of Lot 19, Concession 7, fonnerly in the Township of Oro, now in the Township of Oro-Medonte designated as Part(s) _ on Plan 51R- and comprising approximately ( ) acre(s) in area (the "Property") at a purchase price of Dollars ($ Cdn,) calculated at the rate of Dollars ($ Cdn.) per acre, in accordance with the tenns contained herein. 2. DEPOSIT The Purchaser submits herewith the sum of Dollars ($ Cdn.) by cheque payable to the Vendors' solicitor, upon acceptance, as a deposit to be held in trust, pending completion or other tennination of this Agreement and to be credited towards the purchase price on completion, and the Purchaser further agrees to pay the balance of the purchase price, by cash or certified cheque, on closing, subject to the adjusnnents contemplated herein. 3. PRICE ADJUSTMENT AND SURVEY The Vendors and Purchaser agree that the purchase price is calculated at the rate of Dollars ($ Cdn.) per acre and the Vendors agree to provide to the Purchaser, at the Purchaser's expense, a surveyor's certificate as to the precise acreage of the Property, at least thirty (30) days before the closing date, whereupon the purchase price to be paid shall be adjusted accordingly. Such certificate shan be final and binding upon the Vendors and the Purchaser. If required, a reference plan describing the property being purchased shall be prepared at the Purchaser's expense prior to closing. 4. ACCEPTANCE AND CLOSING DATES 4.1. Irrevocable Date The Purchaser agrees that this offer shall be irrevocable by it until 5:00 p.m. on the day of , 2002, after which time, if not accepted, this offer shall be nuH and void and the deposit shall be returned to the Purchaser without interest or deduction. 4.2. Acceptance Conditional The Purchaser acknowledges that any acceptance of this offer by anyone or more of The Corporation of the City of Barrie, The Corporation of the City of Orillia or The Corporation of the Township of Oro-Medonte is conditional upon acceptance and approval of the tenns of this offer by each of the respective Councils for the Vendors. 4.3. Completion Date This Agreement shall be completed on the day of ,2002. Upon completion, vacant possession of the property shall be given to the Purchaser. 5. MUNICIPAUINTERNAL SERVICING The Purchaser acknowledges that the Property is a serviced lot for which all municipal services or privately owned and maintained services including paved roads, hydro, water, sanitary sewers and stonn drainage ditches will be available on or before closing or which the Vendors shaH provide within a reasonable time foHowing closing. The Purchaser acknowledges and agrees that it will be responsible for any fees to install and connect laterals to existing sanitary sewers, water, hydro and natural gas supply at the standard charges imposed by the Vendors, the Township of Oro-Medonte and/or other utility suppliers providing electrical and/or similar service connections. Such standard charges are in addition to any other applicable charges that the Vendors, Lake Simcoe Regional Airport or governmental authorities or agencies are entitled to or required to coHect in connection with the development and use of the Property by the Purchaser. 6. BUILDING PERMITS AND SITE PLAN 6.1. General The Purchaser agrees to comply with all building codes, land use or other municipal by-laws of the Township of Oro-Medonte, any other statutory requirements and payment of the fees as would be applicable to the owner of a property not related to aeronautics located within the Township of Oro- Medonte. 6.2. Site Plan The Purchaser agrees that it will apply, at its cost, for site plan approval and a building pennit for construction of all buildings or other structures to be located on the Property. The Purchaser shaH provide to the Vendors and the Township of Oro-Medonte's Planning and Development Department a site plan in compliance with the Township of Oro-Medonte's site plan requirements and, without ro C\-5 limiting the generality of the foregoing, will show on such plan the location of the building(s) and outside storage, the ITont elevation of the building(s), the exterior building materials, the landscaping treatment and the screening of outside storage parking areas, access point for groundside and airside access, signage, outside lighting, lot grading and details regarding all proposed materials to be used in connection with construction of driveways, parking areas, taxiways, and aprons, all in accordance with municipal zoning regulations and the Vendors development regulations. 7. PURCHASER'S CONDITIONS This Offer shall be subject to the fulfillment of the following tenns and conditions on or before the day of ,2002: 7.1. Zoning, Use and Restrictions The Purchaser satisfying itself that the Property is zoned so as to pennit the construction and operation of airplane hangar buildings and there are no restrictive covenants running with the property that would in any way derogate ITom the zoning, use or the construction of airplane hangars and related facilities (save and except as set out in Schedules "A" and "B"). For greater certainty, the pennitted uses shall include those related to commercial aviation pennitting aircraft storage, maintenance and repair, aircraft finishing, sales, fixed base operations, commercial aIr servIces, charter flight services and flight training but not including ultra light aircraft. 7.2. Soil Conditions and Environmental Tests The Purchaser conducting soil and environmental tests and investigations on the Property in order to satisfy itself as to the environmental condition of the Property and that the results of such tests are acceptable to the Purchaser in its sole discretion. The Purchaser shall, at its cost, supply copies of all test results and reports to the Vendors upon receipt of same and agrees to secure any consents for use by the Vendors that may required in this regard. 7.3. Notice re Conditions In the event the Purchaser is not satisfied with the results of such investigations conducted pursuant to Sections 7.1 and 7.2 above, the Purchaser may, by written notice to the Vendors, delivered on or before 5:00 p.m. on the day of , 2002, tennmate this Agreement. In such event, the deposit shall be returned forthwith to the Purchaser, without interest or deduction and the Vendors and the Purchaser shall be released from their respective obligations hereunder. For purposes of such tests and investigation, the Vendors hereby grant to the Purchaser and its agents access to the Property and the consent necessary to conduct all reasonable soil and environmental tests thereon. :;~i=::~~;:I:.:~~r::~~:~:~~tto~~~\aGti"efjl9f;\G~i~AltIl#18ttIiF&\J~rilmatI~a~(lsale:', !Cjty.~i'rie'8rid~j,{)5110102.1f16'PM951D9'Q2.II;"5'~P~GE6'0F'1 ~ o ~-b 8. PURCHASER'S ACKNOWLEDGEMENTS AND COVENANTS 8.1. Acknowledgement Regarding Registered Title The Purchaser acknowledges that title to the Property is registered in the name of The Corporation of the City of Barrie as trustee in accordance with the tenns of an Agreement made between The Corporation of the City of Barrie, The Corporation of the City of OriJJia and The Corporation of the Town of Oro-Medonte which Agreement is dated the day of _, 2002 and registered on title as Instrument No. 8.2. Acknowledgement Regarding Management and Covenants The Purchaser acknowledges that the Vendors have established the Lake Simcoe Regional Airport facility (the "Airport") as an aerodrome in accordance with the Airports Act and the Municipal Act and have empowered a commission incorporated as Lake Simcoe Regional Airport ("LSRAC") to operate and manage the Airport in compliance with the Air Regulations (Canada). In accordance with the tenns of the Agreement referred to in paragraph 8.1 above, the LSRAC is authorized to manage, operate, maintain and improve the airport facility including the establishment and enforcement of aU rules and regulations relating to the use and operation of the Airport. In addition, the Purchaser acknowledges and agrees that LSRAC has authority, as manager of the Airport, to enforce the tenns of aU agreements and covenants entered into with, or imposed for the benefit of, the Vendors. In furtherance of this, the Purchaser acknowledges a~d agrees that the title to the Property will be subject to the Agreement set out in Schedule "A" attached hereto and the covenants in the fonn attached hereto as Schedule "B". The Purchaser agrees to execute copies of the covenants in fonn suitable for registration on title to the Property at the time of closing. 8.3. Land Sale Policy The Purchaser acknowledges that the Property is being sold by the Vendors pursuant to the Land Sale Policy and Airport Development Regulations in effect at the date of this Agreement and the Purchaser acknowledges having been provided with copies of these documents prior to execution of this Agreement. The Purchaser agrees that it shaU be bound by the tenns of the Land Sale Policy and Airport Development Regulations and shaH execute an acknowledgement to this effect for delivery on closing. 8.4. Purchase "AS IS" The Purchaser acknowledges and agrees that it is purchasing the Property in its present condition, "as is" and, subject to the tenns contained herein, has conducted or shaH conduct aH inspections during the conditional period set out in Section 7.3that it reasonably requires to detennine if the Property has been used as a waste disposal site or contains waste as that tenn has been defined and/or designated pursuant to the Environmental Protection Act (Ontario) or any federal legislation of similar type or nature and that the Vendors make no representation or warranty concerning the soil and/or environmental condition of the Property at the time of sale. The Purchaser further acknowledges and C:\WinO()Ws\tfimi>\T&V;$aleao~fu;Q9ma~clOc:m;~J\\":OrX\jim\aGtive files\GorpBr<!te mallers'Jsr<! matlem\land 63le ...lireBmen~' ~ale1il9reemeA,t'08maytJ2.d~1I4i.c:>'~:';;' . .';'. . !()ttYij,fiBal"ii8iand\'$1~OIOZ'1n6PMDSt.'9t1&~PAGE'H)F'1 0q-7 ~ q-~ agrees that it has conducted or shan conduct such tests as it deems necessary to determine to its satisfaction, that the soil conditions for the Property are satisfactory to support the development and construction of the building and other structures contemplated for its proposed use ofthe Property. 8.5. Airport Operational Policies and Liability The Purchaser acknowledges that the LSRA may be required to temporarily close certain portions of the Airport facility for maintenance, security and safety purposes or in accordance with any operational policies that may be invoked from time to time which the LSRAC deems necessary for the safe and responsible operation of the airport. In addition, the LSRAC may deem it expedient to impose noise abatement requirements, operating curfews and other measures to minimize impact from airport operations on the surrounding area. The Purchaser agrees that the Vendors and LSRAC shan not be liable for any loss or damage claims arising from the interruption or restriction of the Purchaser's business operations as a result of such temporary closure or the imposition of such requirements provided they are consistent with the normal operation of an airport facility. 8.6. User Fees The Purchaser acknowledges that the LSRAC reserves the right to implement user fees for land, use of ramps, airport parking facilities for aircraft and motor vehicles as well as after hour call-out charges. The Purchaser agrees that it shan be responsible for payment of any such fees that may be imposed from time to time provided they are reasonable and in keeping with the normal operation of an airport facility. 8.7. Capital and Operating Improvements The Purchaser acknowledges that the Vendors or the LSRAC shan not be required to make any capital or operating improvements to the airport facility to accommodate any increase in traffic arising from the Purchaser's business operation. The decision regarding capital or operational improvements to the airport facility rests solely with the Vendors and the LSRAC and it shan not be liable for any claims of loss or damages arising from any decision by the Vendors and the LSRAC not to make such capital or operating improvements. 9. PURCHASERS DEVELOPMENT COVENANTS AND SECURITY 9.1. General The Purchaser covenants with the Vendors that the Purchaser shan, at an times during and subsequent to the construction of the airplane hangar buildings to be constructed on the Property as contemplated in accordance with the terms of this Agreement, comply with and adhere to the fonowing requirements which shall be implemented and/or enforced on behalf of the Vendors by the LSRAC: (a) an lot grading shan be maintained in accordance with plans approved by the LSRAC and the Township ofOro-Medonte; cc:\witidows\teffiPlr8vfSaleilareement;OOni<iY02:docm:.':','.orkljim'.3Gtivs'filss'.G~9i;Hemattsl'S\.IsFa.maIteFli\laRtlSale 1JgraemeFltIF&\'sale'agAlsI'!'eRt g8ma~:!;cl9G ' , ;Clty of ~Barrie ani:lc~'1)5'1 OJ021:16;PM05/09lO:!:II'1!iAMPAGE'8 cOF 1 (b) all construction debris and rubble of any kind shall be promptly removed from the Property and disposed of in accordance with applicable Federal, Provincial and municipal laws as soon as possible during each phase of the construction of any improvements made to the Property; (c) no construction material which is unrelated to construction of the airplane hangar buildings and related improvements as approved by LSRAC shall be stored on the Property; (d) all construction shall be carned out with minimal disturbance to adjacent lands and the Purchaser shall take all necessary steps to ameliorate and rectify any such disturbance immediately upon request by LSRAC; (e) all measures reasonably necessary to ensure adequate siltation control is maintained throughout the construction phase shall be implemented to the satisfaction of LSRAC and the Township of Oro-Medonte until such time as construction and landscaping work have been completed in accordance with the approved site plan. The Purchaser acknowledges and agrees that the foregoing covenants are in addition to any requirements for site plan approval that may be imposed by the Township of Oro-Medonte for development ofthe Property. 9.2. Security On closing, the Purchaser shall deposit with LSRAC a letter of credit issued by a Schedule 1 Canadian Bank in a fonn reasonably satisfactory to LSRAC to cover the cost of any action that LSRA may reasonably be required to take to enforce or remedy the breach of any of the covenants set out above. The security shall be deemed to include provisions for the liability of the Vendors and LSRAC: (a) for holdback(s) pursuant to subs 17(4) ofthe Construction Lien Act, 1990; and, (b) for the estimated costs of all the Purchaser's obligations under Section 9.1 above. During construction of the building and improvements on the property, LSRAC may, if so requested by the Purchaser, and as elements of the construction are completed, reduce the amount of the security and LSRAC may cause the security to be reduced to such amount as LSRAC detennines is reasonably necessary to ensure that the Purchaser's covenants set out above are fulfilled to the satisfaction of LSRAC. The Purchaser acknowledges that the security required pursuant to this paragraph shall be in addition to any security required by the Township of Oro-Medonte in connection with approval for development of the Property. 9.3. Default If, in the opinion of LSRAC, the Purchaser shall be in breach of any of the covenants set out in Section 9.1 above, then, in addition to any other remedies that LSRAC may have, LSRAC shall 'c:lw'rIdOws\templJ'ev sale aQreemerifWmav02.docm:lmla'll\\,'Gr1<\jim13Gth'o filos\GGrpGFate matters\lsra matter-s'land sale "g~emeFil\re" saleag~em9Rt iJ8may02doG City of Barrie and', 05/10/021:16 PM05I09I02-9+:\.5.AMPAGE 9 OF 1 ~ C\ -" promptly notify the Purchaser, and its surety, in writing of such breach. If such breach is not remedied within seven (7) clear days of such notification, then LSRAC shall be immediately entitled to draw upon the security and take such other actions as in the opinion of LSRAC are required to rectify such breach, including the right to enter on the Property, the right to purchase materials and the right to employ workers, all at the expense of the Purchaser. The cost of such work shall be calculated by LSRAC and its decision in this regard shall be final. The cost of such work shall include a management fee not exceeding TWENTY PERCENT (20%) of all labour, material and machine time charges incurred to complete such work. The Purchaser acknowledges that the foregoing remedies are in addition to any remedies the Township of Oro-Medonte may have pursuant to its site plan agreement to be executed for development of the Property. 10. TITLE MATTERS 10.1. Requisition Date The Purchaser shall be allowed until 5:00 p.m. on the , 2002 to examine the title day of to the Property at the Purchaser's expense. 10.2. Title Title to the Property shall be good and free from all encumbrances, except as provided herein and except for any minor easements to public utilities required for the supply of utility services to the Property. If, within the time allowed for examining the title, any valid objection to title or to the fact that a commercial use may not be lawful on the Property is made, in writing, to the Vendors, and which the Vendors are unable or unwilling to remove, remedy or satisfy, and which the Purchaser will not waive, this Agreement, notwithstanding any intermediate acts or negotiations in respect to such objections, shall be at an end and all deposit moneys paid prior to termination shall be returned without deduction except as specifically provided herein and the Vendors shall not be liable for any costs or damages. Save as to any valid objections so made by such day and except for objections going to the root of title, the Purchaser shall be conclusively deemed to have accepted the Vendor's title to the Property as provided herein. 10.3. Documents of Title The Purchaser shall not call for the production of any title deed, surveyor any other evidence of title to the Property, except such as are in the possession or control of the Vendors or as may be specifically provided for herein. The Transfer/Deed of Land shall, save for the Land Transfer Tax Affidavit which shall be prepared and completed by the Purchaser, be prepared in registerable form at the expense of the Vendors. c:\wll1dowsltemii\l'e" sale a'Qreementt)!}maV02;docffl:~la1"J'.woFk\jim\aGti"e' flles'.GOrpOFatematteFt'ls.amatteFli\ lanEl sale ag~ment\Fe"sale alJr~emenl OSmayQ2.EloG , " ' ,C~;9fBarrie.and':; 0511 0102.1 :16, PMII5/99I02!1:~ 6 ~1'!AGE::IOOF1 fo 0.-10 o a-It 11. GENERAL PROVISIONS 11.1. Realty Taxes Realty taxes shall be apportioned and allowed to the date of completion, the day itself to be apportioned to the Purchaser. 11.2. Conditions The Vendors and the Purchaser agree that there is no condition, representation or warranty of any kind, express or implied, that the future intended use of the Property by the Purchaser, is or will be lawful, except as may be specifically stipulated elsewhere in this Agreement. 11.3. Time of the Essence Time shall, in all respects, be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by the Vendors and the Purchaser or by their respective solicitors who are specifically authorized in that regard. 11.4. Tender Any tender of documents or money hereunder may be made upon the Vendors or the Purchaser or their respective solicitors on the day set for the completion of this Agreement. Money may be tendered by a bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire. 11.5. Family Law Act Compliance The Vendors shall provide evidence on closing that the provisions of the Family Law Act relating to matrimonial homes do not apply to this transaction and that spousal consent is not required. 12. AMENDMENTS AND OTHER GENERAL MATTERS Notwithstanding any tenns or conditions outlined in the typewritten portion herein, any provisions handwritten into this offer shall be the true tenns and shall supersede the typewritten portion in respect to the parts affected thereby, provided they have been initialed by the parties hereto. This Agreement shall constitute the entire Agreement between the Purchaser and LSRA save as aforesaid and there is no representation, warranty, collateral agreement or condition affecting this Agreement or the property or supported hereby other than as expressed herein in writing. This Agreement shall be read with all changes of gender or number required by the context. 13. NON ASSIGNMENT This Agreement may not be assigned, transferred or otherwise encumbered by the Purchaser without the prior written consent of the Vendors, which consent may be unreasonably and arbitrarily withheld. -c:lWindOWSltemp\rev.sale aareemenl09maYo2.dOCRl:\mlawlw9iK\jim'.;!Gti",e files\e9FJ19l'ate matlel'&\lsl'3matters\lanll sale :agF89I1'1ent\re>' &3IeagreementJI8m~.1I9G ".' cCity<lf..Barrieand *,0511 0/021:16 :PMOSIQ9m~PAGE 110F1 b C( - I ~ 14. NON-MERGER AND SEVERABILITY OF COVENANTS The covenants, obligations and agreements (the "Covenants") made in this Agreement and in any schedule, document, certificate or other instrument delivered by or on behalf of the Purchaser in connection with the transaction contemplated hereby, shall be deemed to be Covenants made pursuant to this Agreement and all such Covenants shall survive the date of execution hereof and the completion of the purchase and sale contemplated herein and shall continue in full force and effect following same. If any Covenants contained in this Agreement shall, to any extent, be invalid or unenforceable, the remainder of such Covenants or the application thereof to such parties, persons or circumstances, other than those in respect of which it is held invalid or unenforceable, shall not be affected thereby and each of the Covenants made pursuant to this Agreement shall be separately valid and enforceable to the fullest extent permitted by law. 15. SUCCESSORS AND ASSIGNS This Agreement will enure to the benefit of and be binding upon the undersigned parties and their respective successors and permitted assigns; no party may assign this Agreement except in accordance with the provisions of this Agreement. IN WITNESS the Parties have set their corporate seals under the hands of their authorized signing officers. * P~ ch Name: Title: I have authority to bind the corporation Per: cis Name: Title: I have authority to bind the corporation 'c:\whidowsliernD\rev sale aQreement 09mav02.docm:\mla'v'work\jlmlaGti\'e files\Gorparate maliteFSllsra maliters'Jamlsale agreemeRt're" sale agreemeRt OSmay02.doG cCltyofBarrle and~.05l10'02 1:16PM05109'02 9:15 !\!'APAGE 12 OF 1 THE CORPORATION OF THE CITY OF BARRIE Mayor Clerk We have authority to bind the corporation. THE CORPORATION OF THE CITY OF ORILLIA Mayor Clerk We have authority to bind the corporation. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor Clerk We have authority to bind the corporation. ~oWs\temp\revsale aQreement09mav02.docm:lmlaw\work\jimlaGlive files\GolJlorate matterG\lsra matters'lanE! sale agr.eement\rev !Oale agr~ Cjty~f,Barrie and " 05/10/021 :16 PMOSIQII/02 9:15 .'\MPAGE 13 OF 1 ~C\-\3 16. SCHEDULE "A" AGREEMENT THIS AGREEMENT dated as of the _ day of ,2001. BETWEEN: [.] [insert correct legal name ofthe three municipal owners of the lands] (collectively the "Transferor") - and - [.] [insert name of Purchaser] (the "Transferee") WHEREAS: A. The Transferor and the Transferee entered into an Agreement of Purchase and Sale dated ,2002 (the "Purchase Agreement") in respect to the acquisition by the Transferee of the lands and premises described as [.] (the "Lands"); B. The Purchase Agreement requires the Transferee to execute an agreement setting forth the basis on which the Transferee shall develop the Lands; and C. The Transferee and Transferor have agreed to the terms and conditions hereinafter set forth. NOW THEREFORE in consideration of the mutual covenants and agreements set forth in this Agreement and the sum of $10 paid by each of the Transferor and the Transferee to the other and for other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the parties hereto covenant and agree as follows: 1. The Transferee covenants and agrees that it will, within one (1) year of the date of registration of the Transfer of the Lands from the Transferor to the Transferee, complete construction thereon of an airplane hangar building or buildings on the Lands, to cover not less than twenty (20%) percent of the land area, in accordance with the municipal zoning, building and other by-law requirements or approval processes of c:lwilldowsltemolrev sale aQreement C9maV02.docm:\mla':'\WC)rk\jimlactive files\GorpeFate mattersj.l&Fa matterslland sale agreement\rev sale agreement 08may()2.dOG CityofcBarrie and', 05110/021:16 PMOSIOOI()2..~PAGE 14 OF 1 ~ 0\- Ii ~ ~-IS the Township of Oro-Medonte for the development of the Lands including alJ requirements for the issuance of a building permit and the granting of site plan approval by the Township of Oro-Medonte, The Transferee also agrees to obtain the approval Lake Simcoe Regional Airport (the "LSRAC"), to its plans for any construction to be undertaken on the Lands and to complete construction of such building or buildings within one (1) year of the start of such construction. The Transferee covenants to deliver to the LSRAC, in writing, at LSRAC'S management office in the LSRAC Terminal Building a schedule of the times of commencement of construction and completion of buildings and shall keep LSRAC informed by written notice of any changes in the schedule and of any delay in construction times which occurs or might occur. 2. If the Transferee does not start and complete construction of the airport hangar building or buildings on the Lands, in accordance with the provisions of Paragraph 1 above, within the periods therein set out, the Transferor shall have the option of repurchasing the Lands from the Transferee at ninety (90%) percent of the original purchase price, without interest, and free from any and alJ encumbrances, and the Transferee shall provide to the Transferor alJ cessations of charges and releases of other encumbrances and execute all transfers and assurances as may be requisite in order to transfer a good and marketable title to the Lands to the Transferor within thirty (30) days of having been requested to do so by the Transferor. The said option may be exercised by the Transferor on sixty (60) days notice in writing at any time, provided that the Transferee may, at any time after three (3) years from the time of default, give notice in writing to the Transferor at the [City Clerk's Office, City Hall, 70 Collier Street, Barrie, Ontario], with a copy to the Airport Manager at the LSRAC at R.R. #2, Oro Station, Ontario requiring the Transferor to exercise the option to repurchase the Lands as aforesaid. If, after receiving such notice from the Transferee, the Transferor does not exercise its right to repurchase the Lands by giving notice in writing, mailed to the address for service of the Transferee as shown on the Transfer, of such intention within ninety (90) days of receipt of the said notice from the Transferee, then the Transferor's right to repurchase the Lands under the provision of this paragraph shall terminate. 3. Construction of the buildings shall be considered to be commenced when a building permit has been obtained and the forms for the footings are in place. The building shall be considered to be completed when substantial performance has taken place, as such is defined by the Construction Lien Act, R.S.O. 1990 subject to any delays resulting from fires, strikes, floods, acts of God, or the Queen's enemies, or lawful acts of Public Authorities, or delays caused by materia! suppliers or common carriers which cannot reasonably be foreseen. c:\windowsltemolrev sale aareement 09mavOZ,docm:'.mJaw'.Y/ork'.jim\aGti'Jo filesls91'jaoFata mattersllsra mattars'laAd sale 3greemeAtlre" s31e agreement Q8mayQ2,dos ,City of Banie and " 05110102 1 :16 PM06I{)9/{)2..9~PAGE15 OF 1 Coot-It:> 4. In the event that grading works are undertaken on the Lands prior to the issuance of a building permit and preceding construction, the Transferee covenants to control erosion on or from the Lands by maintaining vegetative ground cover or by installing erosion control facilities to the satisfaction of LSRAC and the Township of Oro-Medonte. 5. Unless the covenants in paragraph 1 have been satisfied, the Transferee covenants that it will not sell or transfer the Lands, or any part thereof, to any person, firm or corporation, without first offering in writing, delivered to LSRAC and to the Transferee [c/o City Clerk's office, City Hall, 70 Collier Street, Barrie, Ontario], to sell the Lands to the Transferor at a price equal to ninety (90%) percent of the original purchase price paid by the Transferee to the Transferor, and free from any and all encumbrances. For the purpose of this paragraph, if the Transferee is a corporation, the word "sell", in addition to its ordinary meaning, shall be deemed to mean and include a sale or disposition of the corporate shareholding of the Transferee by the person or persons who, at the date of the transfer of Lands by the Transferor to the Transferee, holds or hold a majority of the corporate shares. The Transferor shall have ninety (90) days from the receipt of an offer made by the Transferee, under the provisions of this paragraph, to accept such offer. Such acceptance shall be in writing and mailed to the address for service of the Transferee as shown on the Transfer. If the Transferor does not accept an offer to sell, made by the Transferee under the provision of this paragraph, the Transferor's right, provided in this paragraph to repurchase the lands so offered, shall tenninate. Provided however, that the Transferee may sell or otherwise transfer the said land to a subsidiary or affiliate corporation as defined in the Business Corporations Act. R.S.O. 1990, without first so offering to sell the Lands back to the Transferor provided such subsidiary confirms the acceptance of the within building covenants and the offer of re-sale in this paragraph and expressly undertakes in writing to comply therewith, by execution of such documents, in confirmation thereof, as the Transferor may require. 6. The Transferee covenants and agrees to pay all monthly airport maintenance charges and applicable user fees that are applicable to permit airside access from the Lands. The airport maintenance charges shall be established concurrent with the transfer of the Lands and shall be adjusted annually based on the Consumer Price Index subject to full review every five (5) years. The failure to pay the monthly airport maintenance charges and applicable user fees wiJ] result in prohibition of airside access from the Lands to the airport lands retained by the Transferor and operated by the LSRAC and. in additions. wiJ] result in c:\wlndows\teiTIb\rev sa"~aor&eiTIeTlt09m3v02.doclJI:!1JI13wiw9Fk'jilJl\ac:.tive fileslGGl'peFate 'AilHtor<;:\ISFa, mlHteR;\13Rd sale 3greement\re>.' sale agreement OSmay02.dGc City of Barne and', 05/10/02.1:16 PM05I09102 Q'15l'MPAGE 16 OF 1 b Q - \ 7 cessation of water and sanitary sewer service. Interest on delinquent amounts shall be calculated and payable based on The Bank of Canada's Prime Lending Rate in force from time to time plus 3%. 7. The Transferee acknowledges that the LSRAC has provided for the supply of water and sanitary sewer services. The Transferee covenants and agrees that it shall be responsible for payment of user fees assessed by the LSR..A.C to provide these services, such fees to be established concurrent with the transfer of the Lands and reviewed annuaIJy thereafter. Failure to pay the monthly user fees will result in cessation of water and sanitary sewer service. Interest on delinquent amounts shaH be calculated and payable based on The Bank of Canada's Prime Lending Rate in force from time to time plus 3%. In addition, the Transferee agrees that any amounts outstanding with respect to user fees shall form a charge against the Lands in favour of the Transferor until such time as the said amounts have been paid in full together with all interest accruing and costs of enforcement on a solicitor and client basis. 8. The Transferee agrees to maintain the Property and aIJ buildings or improvements constructed thereon in good condition and appearance in accordance with the requirements of a first class airport facility and as may be required to comply with property standards by-Jaws in force in the Township of Oro-Medonte from time to time or such reasonable property standards and maintenance requirements adopted by the LSRAC in the operation of the airport facility. 9. The Transferee shall, at any time and from time to time, in the event of the sale, mortgage, lease, ground lease or other disposition of any interest in the Lands or any part thereof, obtain from any person so purchasing, mortgaging, leasing or acquiring any such interest, their agreement in favour of the Transferor to perform each of the covenants, obligations and agreements of the disposing party hereunder (including but not limited to those in this paragraph ) in the same manner and to the same extent as if originally named in this agreement as the disposing party, and in consideration thereof the other party shall confirm to the person acquiring such interest the benefits of this agreement; provided however that any such agreement executed by any mortgagee shall provide that such mortgagee shall be obligated to perform the covenants, obligations and agreements of the mortgaging party hereunder only for so long as the mortgagee shaIJ be in possession of any of the mortgaged property (either directly or indirectly by way of agent, receiver or receiver and manager) or shall have taken any steps to realize on its mortgage security. c:\wil1dowsltemo\rev sale aQreement,09mav02.docm:\mlaw\werlAjim\aGti>le fileE'coFl'OFate matters'.I!;", matlerslJaml sale agreement're>: sale agreement Q8may02.doc .city of Barrie and', 05110/021:16 PM05lOQtQ~PAGE 17 OF 1 10. The parties shaH with reasonable diligence, provide to each other such further instruments or documents or assurances and do al1 such other things as may be necessary and expedient to effect the purposes of this Agreement and carry out its provisions. 11. Time shal1 be of the essence of this Agreement. 12. This Agreement shal1 be governed by and construed in accordance with the laws of the Province of Ontario. 13. This Agreement shaH enure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 14. This Agreement is conditional on compliance with the Planning Act, R.S.O. 1990, c 50, as may be amended from time to time. IN WITNESS WHEREOF the parties have set their corporate seals under the hands of their authorized signing officers. [. ] Name: Title: Name: Title: JlWe have authority to bind the Corporation. [. ] Name: Title: c:lwindolNsltemplrev sale aareement'09mav02.docm:lmla\"\:/'QAI'.jimlaGti"9 files'ssrpsrale matters'Jsra matters'JaRd sale aeFeemeRl'rev sale aereemeRt OSmay02.doc City of Barrie and', 05/10/021:16 PM05,109,102 9:15 ~.MPAGE.180F 1 ~C\-18 Name: Title: IIWe have authority to bind the Corporation. M:\MLAW\WORK\JIMIACTIVE FILES\CORPORATE MATTERS\LSRA MATTERS\LAND SALE AGREEMENTlREV SALE AGREEMENT 15FEB02,DQC c:\windows\templrev sale aQreement09mav02.docm:'.mla,u\werk'JimlaGlj"e files'sel'j!erate matters\lera ",a"erellana sale ag<eement\re" eale "!Jreement Q8mayQ2.eec City,ofBarrie and', 051101021:16 PM~-AMPAGE19 OF 1 0C\-,Q 17. SCHEDULE "B" RESTRICTIVE COVENANTS 1. The Transferee, to the intent that these covenants shall run with the lands hereinafter described as the Servient Lands (and any part thereof) for itself, its successors and assigns covenants promises and agrees with the Transferor, its successors and assigns of the lands hereinafter described herein as the Dominant Lands, that the Transferee and its successors in title, from time to time, of all, or any part or parts of the Servient Lands. will observe and comply with the stipulations, restrictions and provisions herein set forth, and that nothing shall be done upon the said lands or any part thereof in breach or violation or contrary to the fair meaning of the said stipulations, restrictions and provisions contained herein. 2, The Servient Lands are described as Ie]. The Dominant Lands are described as Ie]. 3. The Tranferee agrees not to commence construction of any buildings, structures, driveways, parking areas, taxiways, aprons, or any other improvements upon the Servient Lands without first satisfying and complying with the Township of Oro-Medonte's zoning, building and other municipal by-laws or requirements and approval processes (including, without limitation, the submission to the Township of suitable building and plot plans showing the exact location of all buildings (including elevations), outside storage areas, building materials to be used, landscaping, groundside and airside access, signage, outside lighting and grading) currently necessary for the issuance of a building permit and site plan approval by the Township of Oro-Medonte. The Transferee acknowledges and agrees that the Township of Oro- Medonte's municipal requirements may be subject to amendment in the future and the Transferee agrees to not commence any such construction in the future without first complying with such amended municipal requirements, proyjded such amended municipal requirements are of general application and apply to other properties located within the Township of Oro-Medonte, 4. The Transferee shall not commence any construction on the Servient Lands without first retaining the services of a professional architectural firm satisfactory to the Transferor to design and ensure that the construction of the development on the Servient Lands wiIJ be complimentary to the buildings in the area, c:lwi"dowsl!emolrev sale acream.,"! 09mav02.docm:\mlaw'l'ler1<ljimlaGtive files'.Gel"j3GFate malter-s\lsFa matterE'JaRs 631e ag<eeme"t'rI>V sale 3greemeRt 08m3)'02 SGG City of Barrie and', 05/10/02 1:16PM~PAGE 20 OF 1 o 0\ -dO ~ c\-d.\ 5, The Transferee agrees that prior to the commencement of construction on the Servient Lands. it wiJ] first obtain the approval of the Lake Simcoe Regional Airport (the "LSRAC") to its plans for any construction to be undertaken on the Servient Lands. 6. The Transferee covenants that it shall not dispense, sell or otherwise store aviation fuel or related products on or within the Servient Lands and acknowledges that the Transferor reserves the exc1usive right to store and sell aviation fuel and related products to users of the airport. Failure to comply with this restrictive covenant wiJ] result in the prohibition of airside access from the Servient Lands in addition to any other remedies that the Transferor may have. This prohibition shall not prevent the Transferee from allowing the storage of aircraft in the nonnal course of its business operations on the Servient Lands. 7. The Transferee covenants that it wm not conduct any business activity on the Servient Lands in direct competition with services provided by or business conducted by the Transferor or the LSRAC (without their prior written consent which consent may be unreasonably and arbitrarily withheld) and which the Transferee acknowledges may include, with limitation, outside aircraft storage and tie down amd freight handling including air sufferance and/or bonded warehouse activities, 8. The Transferee covenants and agrees that it win not engage in any activities on the Servient Lands which do not comply in an material respects with the requirements of Federal or Provincial legislation applicable to the operation of the LSRAC as wen as any Airport Operations Manual in force from time to time or any other airport policies as implemented from time to time. 9. The Transferee covenants that it shall not prevent entry onto the Servient Lands by the Transferor, the LSRAC and/or their respective personnel at reasonable times and at reasonable intervals to ensure compliance with the pennirted uses, Federal, Provincial and/or municipal law including environmental protection legislation or in the event of an emergency. The Transferee covenants that it will not prohibit access by the Transferor, its agents or servants from entering upon the Servient Lands in order to conduct Phase I, Phase n and Phase ill environmental audits at their discretion and at such time or times as they may detennine. The Transferee covenants that it will not use or store on the Servient Lands any hazardous material or environmental contaminants except in accordance with governmentally approved procedures and agrees to keep the Servient Lands free of all environmental contaminants as required by all applicable laws. The Transferee shall be responsible for the cost of clean up and for any costs, losses or damages suffered by the Transferor and the LSRAC arising from a breach of this covenant. .c:lwindowsltemolrev sale aQreement 09maV02.docm:\mlawlwQrk\jimlactj'le filet'.eorj3eFate mattersllera mattero'lanG sale agreement\re" sale agreement Q8may02.GQG CltyofcBarrie and', 05/10/021:16 PM05lO9!02 9:15 J'.MPAGE 21 OF 1 b C\ - ~d... 10, The Transferee, for himself, his heirs, executors, administrators and assigns, further covenant, promise and agree with and to the Transferor, its successors and assigns, that the Transferee his heirs, executors, administrators and assigns, will not, at any time and from time to time, sell, mortgage, lease, license, franchise or otherwise part with possession or title of any part or all of the Servient Lands, without first exacting from any person, finn or corporation so purchasing, mortgaging, leasing, licensing, franchising or otherwise occupying the Servient Lands, similar covenants to those contained in these restrictive covenants for the benefit of the Transferor, its successors and assigns. 11. Each covenant and agreement contained herein shall be construed to be a separate and independent covenant and agreement. If any tenn or provision contained herein or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable the remainder of these covenants shall not be affected thereby and each tenn and provision shall be valid and shall be enforced to the extent pennitted by law. c:lwindowsltemp\rev sale aareement{)9mav02.dOcm:l,mlaw\w9r1<'JimlaGtive files\C9rper-ate matterol,lsr-a matters\lana sale agreemenl'rev sale agreement g8~ City of Barrie and', 05/10/021:16 PM05/()9~PAGE 22 OF 1 THE CORPORATION OF THE CITY OF BARRIE, THE CORPORATION OF THE CITY OF ORILLIA and THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE and * Agreement of Purchase and Sale TABLE OF CONTENTS 1. DESCRIPTION AND PURCHASE PRICE........................................................ 5 2. DE P~S IT ................................. ......... ................................... ................ ............. 5 3. PRICE ADJUSTMENT AND SURVEy............................................................. 5 4. ACCEPTANCE AND CLOSING DATES .......................................................... 6 4.1. 1 rrevoca ble D ate............................................................................................................................... 6 4.2. A ccePta nce C ondi tio na I................................................................................................................... 6 4.3. Completion Date .............................................................................................................................. 6 5. MUNICIPAL/INTERNAL SERVICING ..............................................................6 6. BUILDING PERMITS AND SITE PLAN ........................................................... 6 6.1. Genera!.............................................................................................................................................. 6 6.2. Si te Plan ............................................................................................................................................ 6 7. PURCHASER'S CONDITIONS ........................................................................ 7 7.1. Zonin\!. Use and Restrictions ..........................................................................................................7 7.2. Soil Conditions and Environmental Tests......................................................................................7 7.3. Notice re Conditions ........................................................................................................................7 8. PURCHASER'S ACKNOWLEDGEMENTS AND COVENANTS ..................... 8 8.1. Acknowled!!ement Re!!ardin!! Re!!istered Title ............................................................................. 8 8.2. Acknowled!!ement Re\!ardin!! Mana!!ement and Covenants........................................................ 8 8.3. Land Sale Policy ............................................................................................................................... 8 8.4. Purchase "AS IS" ............................................................................................................................. 8 8.5. Airport Operational Policies and Liabilitv ....................................................................................9 8.6. User Fees........................................................................................................................................... 9 8.7. Capital and Opera tin!! Improvements ........................................................................................... 9 9. PURCHASERS DEVELOPMENT COVENANTS AND SECURITy................. 9 9 .1. General.............................................................................................................................................. 9 9.2. Securih' ........................................................................................................................................... 10 9.3. Def a ul t............................................................................................................................................. 11 c:\windows\temp\rav sala aQreemant 08mav02.docm;\mIaw\w<>r.kiiimlacti"e.fiIes\GGrPGfate.mattefslJsra mattars\land sale aQreement'.rev sale aQreement Cl8rnav!J2.oosm:\mI:a'#',work'Jimlasti\'e files'sorporate ma~eR>\lsra ~"""....<'>o_\'''''_''' -c;...I.......graSmoRt\:-9". ,&318 ,3are9mBAt15feb02~doc .....,..1"'''''_''''..<')'').. ~ ct - ;;(3 10. TITLE MATTERS ........................................................................................ 11 10.1. ReQuisition Date......................................................................................................................... 11 10.2. Title ............................................................................................................................................. 11 10.3. Documents of Title ..................................................................................................................... 11 11. GENERAL PROVISIONS ............................................................................ 12 11.1. Realty Taxes ............................................................................................................................... 12 11.2. Conditions...................................................................................................................................12 11.3. Time of the Essence.................................................................................................................... 12 11.4 . Tender ......................................................................................................................................... 12 11.5. Family Law Act Compliance..................................................................................................... 12 12. AMENDMENTS AND OTHER GENERAL MATTERS ................................ 12 13. NON ASS IGNMENT .................................................................................... 13 14. NON.MERGER AND SEVERABILITY OF COVENANTS........................... 13 15. SUCCESSORS AND ASSIGNS .................................................................. 13 16. SCHEDULE "A" .......................................................................................... 15 17. SCHEDULE "B" .......................................................................................... 21 1. DESCRIPTION AND PURCHASE PRiCE........................................................ 4 2. DE PO SIT... ........................................................................... ............................ 4 3. PRICE ADJUSTMENT AND SURVEy............................................................. 4 4. ACCEPTANCE AND CLOSING DATES ..........................................................5 4.1. Irre"o ca ble Da te............................................................................................................................... 5 ~ .2. . '\ cc ellta n cc ConI! itio nal................................................................................................................... 5 1.3. Comllletion Date .............................................................................................................................. 5 5. M U N ICIP AL SE RVICING ................................................................................. 5 6. BUILDING PERMITS AND SITE PLAN ........................................................... 5 8.1. C en era I.............................................. ................................................................................................ 5; 8.2. Site Plan ............................................................................................................................................ 5 7. PURCHASER'S CONDITIONS ........................................................................ 6 7.1. Zoning. Use and Restrictions ..........................................................................................................8 7.2. Sail Conditions anI! Em'ironmental Tests...................................................................................... 8 8. PURCHASER'S ACKNO'NLEDGEMENTS AND COVENANTS ..................... 6 c:\wlndowsltemD\revsale aoreement 08mav02,dOcm.lmlawlwork'iim\aGti"e files' GGrpOFate matters\ls.Fa mattefs\Iarn:I 5310 aQreo~ale aQreemont 08maV02,90Gm:'mla'll\woFkJ.jim\aGt~.e files>.GorpOFale maliters\lsFa malteF!!\laRQ saleaI!FeemeAt'"." saleal!l'8omeAt15feb02.GOG Cityof'Barrie and,.~;05110/02 1 :16PM05I09Io>>~~gS'08'g2 5:12 PM "PAGE 3 OF ~ bC\-~'1 8.1. J'.ekno'\'ledgemcnt Regardillg Registered Title ............................................................................. Ii 8.2. .\clmowledgemellt Regardin;; l\Iallagemcnl ane Co.'enallts........................................................ 7 8.3. La n II Sa Ie Polie:; ............................................................................................................................... 7 8.1. Pllrebase "AS IS" .....................................,.......................................................................................7 8.5. .".irporl Operatlollal Policies ane Liability ....................................................................................8 8.0. L'ser Fees ........................................................................................................................................... 8 8.7. Capital and OJ3eraling Improyemenls ........................................................................................... 8 9. PURCHASERS DEVELOPMENT COVENANTS AND SECURITy................. 8 9.1. C en era I............................................................... ............................................................................... 8 9.1. Seell ri Iy ............................................................................................................................................. 9 9.3. Del'a 1111.......................................................................................................................... ..................... 9 10. TITLE MATTERS ..................................................................,..................... 10 111.1. Reqllisition Date ......................................................................................................................... 111 111.2. Ti lie ............................................................................................................................................. 111 111.3. Docllmenls of Title .....................................................................................................................111 11. GENERj\L PROVISIONS ............................................................................ 10 11.1. Reali)" Taxes ............................................................................................................................... 111 11.2. C oRllitl 0 ns ................................................................................................................................... 111 11.3. Time of IlIe EsscRce....................................................................................................................11 11.4. TeRde!" ......................................................................................................................................... 11 11.5. Family' Law :\et CompliaRee..................................................................................................... 11 12. AMENDMENTS AND OTHER GENERAL MATTERS ................................ 11 13. NON ASSIGNMENT .................................................................................... 11 14. NON MERGER AND SEVERABILITY OF COVENANTS ........................... 11 15. SUCCESSORS AND ASSIGNS .................................................................. 12 16. SCHEDULE "A" .......................................................................................... 14 17. SCHEDULE "B" .......................................................................................... 19 c:\windows\temp\rev sale ...g,..,el'lient08maV02;do~~~oorl>oratEl matteF5\lsFa motters'.land sale af/reement'.re'/ sale-aG~maV02.docm:)mla'..'.work'Jim\acti"e files'.GorpOF3tEl mattElI'&'.lsF3 'matters\lal'ld, sale~9reeme~\:"~v sale agFeElmeRI15fe1302.dot . - ~---'-_._" --~"' -.. "At::!:: 4n~ 12M 0C{,;2S b Ci .. ~b THIS AGREEMENT made ,2002 BETWEEN THE CORPORATION OF THE CITY OF BARRIE THE CORPORATION OF THE CITY OF ORILLIA THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE (the "Vendors") - and - * (the "Purchaser") 1. DESCRIPTION AND PURCHASE PRICE The Purchaser hereby offers to purchase from the Vendors the property located in the Township of Oro-Medonte consisting of ( ) commercial airport development lot(s) located within the South-West Commercial Development Area (Airside) of the Lake Simcoe Regional Airport more particularly described as Part of Lot 19, Concession 7, fonnerly in the Township of Oro, now in the Township of Oro-Medonte designated as Part(s) _ on Plan 51R- and comprising approximately ( ) acre(s) in area (the "Property") at a purchase price of Dollars ($ Cdn,) calculated at the rate of Dollars ($ Cdn.) per acre, in accordance with the tenns contained herein. 2. DEPOSIT The Purchaser submits herewith the sum of Dollars ($ Cdn.) by cheque payable to the Vendors' solicitor, upon acceptance, as a deposit to be held in trust, pending completion or other tennination of this Agreement and to be credited towards the purchase price on completion, and the Purchaser further agrees to pay the balance of the purchase price, by cash or certified cheque, on closing, subject to the adjustments contemplated herein. 3. PRICE ADJUSTMENT AND SURVEY The Vendors and Purchaser agree that the purchase price is calculated at the rate of Dollars ($ Cdn.) per acre and the Vendors agree to provide to the Purchaser, at the 'lendors'Purchaser's expense, a surveyor's certificate as to the precise acreage of the Property, at least thirty (30) days before the closing date, whereupon the purchase price to be paid shall be adjusted accordingly. Such certificate shall be final and binding upon the Vendors and the Purchaser. If required, a reference plan describing the property being purchased shall be prepared at the 'lendors'Purchaser's expense prior to closing. ,c:\windows\temolrev sale aQreement08mav02.do~Gl'k\jimlaGth'e files\oorserate matter.s'lsra mat!ers\laRg Gale aQreemeRt\rev sale aareemeRt OSmav02.gesm:\mla'll'm9rk\jimlaGti>lo file6',G91'p9Fate mattel'6\lSFamattoF6\1aRd sale agreemeRtlre" 6ale agreemeRt 15fob02.d9G City of Barrie and', 05/10/02 1:16 PMOS/W'02 9:11-AMOS'OS'02 5:12 PM PAGE 50F 1234 4. ACCEPTANCE AND CLOSING DATES 4.1. Irrevocable Date The Purchaser agrees that this offer shall be irrevocable by it until 5:00 p.m. on the day of , 2002, after which time, if not accepted, this offer shall be null and void and the deposit shall be returned to the Purchaser without interest or deduction. 4.2. Acceptance Conditional The Purchaser acknowledges that any acceptance of this offer by anyone or more of The Corporation of the City of Barrie, The Corporation of the City of Orillia or The Corporation of the Township of Oro-Medonte is conditional upon acceptance and approval of the terms of this offer by each of the respective Councils for the Vendors. 4.3. Completion Date This Agreement shall be completed on the day of , 2002. Upon completion, vacant possession of the property shall be given to the Purchaser. 5. MUNICIPAL/INTERNAL SERVICING The Purchaser acknowledges that the Property is a serviced lot for which all municipal services or privately owned and maintained services including paved roads, hydro, water, sanitary sewers and storm drainage ditches will be available on or before closing or which the Vendors shall provide within a reasonable time following closing. The Purchaser acknowledges and agrees that it will be responsible for any fees to install and connect laterals to existing sanitary sewers, water, hydro and natural gas supply at the standard charges imposed by the Vendors, the Township of Oro-Medonte and/or other utility suppliers providing electrical and/or similar service connections. Such standard charges are in addition to any other applicable charges that the Vendors. Lake Simcoe Regional Airport or governmental authorities or agencies are entitled to or required to collect in connection with the development and use of the Property by the Purchaser. 6. BUILDING PERMITS AND SITE PLAN 6.1. General The Purchaser agrees to comply with all ~ building codes, land use or other municipal by-laws of the Township of Oro-Medonte, any other statutory requirements and payment of the fees as would be applicable to the owner of a property not related to aeronautics located within the Township of Oro-Medonte~ in accordance with relcyant municipal by laws or other applicable legislation. 6.2. Site Plan The Purchaser agrees that it will apply, at its cost, for site plan approval and a building permit for construction of all buildings or other structures to be located on the ff'roperty. The Purchaser shall provide to the Vendors and the Township ofOro-Medonte's Planning and Development Department a site plan showingin con1Pliance with the Township of Oro-Medonte's site plan requirements and. c:lwindowsltemplrev sale aareement 08may02.do~\wGfkli.~les\GOI'DGFate-matte~atters\laml-sale <lpreem.RI're'i &31. apreement98m3y()2.docm:'.mJa\...'......eFl<'jimlaGt.\'.fjles\GerpeFate matteF&'.lsFa matter&\laR9 sale asreemeRt\:'e-" sale as.eemeRt 15feb02.9GG City of Barrie and', 05/10/021:16 PM05IOOIQ2 9'11 .I\M05'08'02 5:12 PM PAGE 6 OF ~ 0C1-d.7 o ct-~~ without limiting the generalitv of the foregoing. wi]] sho\\' on such plan the location of the b uilding(s) and outside storage, the front elevation of the building(s), the exterior building materials, the landscaping treatment and the screening of outside storage parking areas, access point for gToundside and airside access, signage, outside lighting, lot grading and details regarding all proposed materials to be used in connection with construction of driveways, parking areas, taxiways, and aprons, all in accordance with municipal zoning regulations and the Vendors development regulations. 7. PURCHASER'S CONDITIONS This Offer shall be subject to the fulfiHment of the foHowing tenns and conditions on or before the day of , 2002: 7.1. Zoning, Use and Restrictions The Purchaser satisfying itself that the J:rroperty is zoned so as to pennit the construction and operation of airplane hangar buildings on each of the lots and there are no restrictive covenants running with the property that would in any way derogate from the zoning, use or the construction of airplane hangars and related facilities (save and except as set out in Schedules "An and "B"). For greater certainty, the pennitted uses shaH include those related to commercial aviation pennitting aircraft storage, maintenance and repair, aircraft finishing, sales, fixed base operations, commercial air services, charter flight services and flight training but not including ultra light aircraft. 7.2. Soil Conditions and Environmental Tests The Purchaser conducting shall have lmtil 5:00 p.m. on the day of , 2002 to conduct soil and environmental tests and investigations on the J:rroperty f.tfTGin order to satisfY itself as to the environmental condition of the Property and that the results of such tests are tmacceptable to the Purchaser in its sole discretion. The Purchaser shaH, at its cost, supply copies of aH test results and reports to the Vendors upon receipt of same and agrees to secure any consents for use by the Vendors that may required in this regard. 7.3. Notice re Conditions In the event the Purchaser is not satisfied with the results of such investigations conducted pursuant to Sections 7.1 and 7.2 above, the Purchaser may, by written notice to b8RAthe Vendors, delivered on or before 5:00 p.m. on the day of , 2002, tenrunate this Agreement. In such event, the deposit shaH be returned forthwith to the Purchaser, without interest or deduction and the Vendors and the Purchaser shaH be released from their respective obligations hereunder. For purposes of such tests and investigation, the Vendors hereby grant to the Purchaser and its agents access to the J:rroperty and the consent necessary to conduct all reasonable soil and environmental tests thereon. c:\windows\temp\rev sale aQreement 08mav02.doCJw.\mJawlwe<k\iim~I"&\GOr~_er.s\lsfa-matt&F&\lafld-5aI" .aQreement>'"e'l sale a!1reement {)8rnavQ2.aoGm:'mlaw>'wol'k'Jim\aGtivo fjl@!;'Go~oFate matteF6'lsFa mattero\lana sale "greementlr&>l sale agreement 15fobQ2.doe ,City of Barrie and', 05110/02 1:16PM05I09ro~ 'lMQ5.'QS.'Q2 5:12 PM PAGE 7 OF 12M 8. PURCHASER'S ACKNOWLEDGEMENTS AND COVENANTS 8.1. Acknowledgement Regarding Registered Title The Purchaser acknowledges that title to the Property is registered in the name of The Corporation of the City of Barrie as trustee in accordance with the tenns of an Agreement made between The Corporation of the City of Barrie, The Corporation of the City of Orillia and The Corporation of the Town of Oro-Medonte which Agreement is dated the day of _' 2002 and registered on title as Instrument No. 8.2. Acknowledgement Regarding Management and Covenants The Purchaser acknowledges that the Vendors have established the Lake Simcoe Regiona] Airpor1 facility (the "Airport") as an aerodrome in accordance with the Airports Act and the Municipal Act and have empowered a commission incorporated as Lake Simcoe Regional Airport ("LSRA!::") to operate and manage the Airport in compliance with the Air Regulations (Canada). In accordance with the tenns of the Agreement referred to in paragraph 8.1 above, the LSRA!:: is authorized to manage, operate, maintain and improve the airport facility including the establishment and enforcement of all rules and regulations relating to the use and operation of the Airport. In addition, the Purchaser acknowledges and agrees that LSRA!:: has authority, as manager of the Airport, to enforce the tenns of all agreements and covenants entered into with, or imposed for the benefit of, the Vendors. In furtherance of this, the Purchaser acknowledges and agrees that the title to the pf3roperty will be subject to the Agreement set out in Schedule "A" attached hereto and the covenants in the fonn attached hereto as Schedule "B". The Purchaser agrees to execute copies of the covenants in fonn suitable for registration on title to the pf3roperty at the time of closing. 8.3. Land Sale Policy The Purchaser acknowledges that the ptJroperty is being sold by the Vendors pursuant to the Land Sale Policy and Airport Development Regulations in effect at the date of this Agreement and the Purchaser acknowledges having been provided with copies of these documents prior to execution of this Agreement. The Purchaser agrees that it shall be bound by the tenns of the Land Sale Policy and Airport Development Regulations and shall execute an acknowledgement to this effect for delivery on closing. 8.4. Purchase "AS IS" The Purchaser acknowledges and agrees that it is purchasing the PtJroperty in its present condition, "as is" and, subject to the tenns contained herein, has conducted or shall conduct all inspections during the conditional period set out in Section &27.3-that it reasonably requires to detennine if the pf3roperty has been used as a waste disposal site or contains waste as that tem1 has been defined and/or designated pursuant to the Environmental Protection Act (Ontario) or any federal legislation of similar type or nature and that the Vendors make no representation or warranty concerning the soil and/or environmental condition of the pf3roperty at the time of sale. The Purchaser further c:\w indows\!emp\rev sale ap reemen! 08mav02.doeo;;\m!awlwGrk\iim""'liw;-file$\oori><>r<ll&-matte.-s\!Sf<I-matlem\lanG-saJe "weemeRt'.rev sale awee",e"! 08mav02.decm:\mlaw\u'erk\jimlacti'le files\cer.paFale mattel'6\lsFa malteF6\laRd sale agreemeRt're" sale "groemeRI 15feb02.doc City of Barrie and', 051101021:16 PM05Im1m~ PAGE 8 OF 12M (P C( - ~q b'1...30 acknowledges and agrees that it has conducted or shall conduct such tests as it deems necessary to determine to its satisfaction, that the soil conditions for the ~property are satisfactory to support the development and construction of the building and other structures contemplated for its proposed use of the Eproperty. 8.5. Airport Operational Policies and Liability The Purchaser acknowledges that the LSRA may be required to temporarily close certain portions of the Airport facility for maintenance, security and safety purposes or in accordance with any operational policies that may be invoked from time to time which the LSRAh deems necessary for the safe and responsible operation of the airport. In addition, the LSRAb: may deem it expedient to impose noise abatement requirements, operating curfews and other measures to minimize impact from airport operations on the surrounding area. The Purchaser agrees that the Vendors and LSRAh shall not be liable for any loss or damage claims arising from the interruption or restriction of the Purchaser's business operations as a result Q.[.such temporary closure or the imposition of such requirements provided they are consistent with the normal operation of an airport facility. 8.6. User Fees The Purchaser acknowledges that the LSRAh reserves the right to implement user fees for land, use of ramps, airport parking facilities for aircraft and motor vehicles as well as after hour call-out charges. The Purchaser agrees that it shall be responsible for payment of any such fees that may be imposed from time to time provided they are reasonable and in keeping with the normal operation of an airport facility. 8.7. Capital and Operating Improvements The Purchaser acknowledges that the Vendors or the LSRAh shall not be required to make any capital or operating improvements to the airport facility to accommodate any increase in traffic arising from the Purchaser's business operation. The decision regarding capital or operational improvements to the airport facility rests solely with the Vendors and the LSRAh and it shall not be liable for any claims of loss or damages arising from any decision by the Vendors and the LSRAh not to make such capital or operating improvements. 9. PURCHASERS DEVELOPMENT COVENANTS AND SECURITY 9.1. General The Purchaser covenants with the Vendors that the Purchaser shall, at all times during and subsequent to the construction of the airplane hangar buildings to be constructed on the Eproperty as contemplated in accordance with the terms of this Agreement, comply with and adhere to the following requirements which shall be implemented and/or enforced on behalf of the Vendors by the LSRAh: c:\windows\temolrev sale a'Qreement 08maV02.docm.\mla...."..ork\jjm\3Gti./o files'corporate matters\lsr<HRatterfi\land &ale aQreement\:e\' sale aQreement08ma'AJ:l.decm:'.mla't'\work\jimlaGtA'e Iiles!.eeFJIORlte matler-s\lsRI matlers\landsale 3groemenP"e'l sale agr~emeRt 15fe1302.doe City of Banie and', 05/10102'1:16 f'M05/OQI029:11 AM05/0SIO:! 5:12 PM PAGE 9 OF llit / f..o q -31 (a) all lot grading shall be maintained in accordance with plans approved by the LSRA~ I and the Township ofOro-Medonte; (b) all construction debris and rubble of any kind shall be promptly removed from the Property and disposed of in accordance with applicable Federal, Provincial and municipal laws as soon as possible during each phase of the construction of any improvements made to the .!:vroperty; (c) no construction material which is umelated to construction of the airplane hangar buildings and related improvements as approved by LSRA!;: shall be stored on the .!:vroperty; (d) all construction shall be carried out with minimal disturbance to adjacent lands and the Purchaser shaH take all necessary steps to ameliorate and rectify any such disturbance immediately upon request by LSRAL (e) all measures reasonably necessary to ensure adequate siltation control is maintained throughout the construction phase shall be implemented to the satisfaction of LSRA~ and the Township of Oro-Medonte until such time as construction and landscaping work have been completed in accordance with the approved site plan. The Purchaser acknowledges and agrees that the foregoing covenants are in addition to any requirements for site plan approval that may be imposed by the Township of Oro-Medonte for development of the Property. 9.2. Security On closing, the Purchaser shall deposit with LSRA~ a letter of credit issued by a Schedule 1 Canadian Bank in a fonn reasonably satisfactory to LSRA~ to cover the cost of any action that LSRA may reasonably be required to take to enforce or remedy the breach of any of the covenants set out above. The security shall be deemed to include provisions for the liability of the Vendors and LSRA~: (a) for holdback(s) pursuant to subs 17(4) of the Construction Lien Act, 1990; and, (b) for the estimated costs of all the Purchaser's obligations under Section 9.1 abovefuts paragraph. During construction of the building and improvements on the property, LSRA~ may, if so requested by the Purchaser, and as elements of the construction are completed, reduce the amount of the security and LSRA~ may cause the security to be reduced to such amount as LSRA~ detennines is reasonably necessary to ensure that the Purchaser's covenants set out above are fulfilled to the satisfaction of LSRA~. The Purchaser acknowledges that the security required pursuant to this paragraph shall be in addition to any security required by the Township of Oro-Medonte in connection with approval for development ofthe Property. c:lwindo'Nsltemp\rev sale aQreemem08rriav02.d6~lwGfkIiim\aG~es\GGfI>OOIte-matten;\lsra matterSll:iAd saki 3Qreementlrev s31e agreement OBmay()2.sesm:'mla..II'....erJ<'JjmlaGli...e files'cerpeFate mattero'.lsFa mattel'6\1aAd sale 3greemeRtlF&v sale agreement 111eo02 dec City of Barrie and'. 05110/021:16 PM05lO9~MOfj/08'02 5:12 PM PAGE 10 OF 1234 9.3. Default If, in the opinion of LSRAS:;, the Purchaser shall be in breach of any of the covenants set out in paragraph Section 9.1 above, then, in addition to any other remedies that LSRA.c may have, LSRA.c shall promptly notify the Purchaser, and its surety, in writing of such breach. If such breach is not remedied within seven (7) clear days of such notification, then LSRAS:; shall be immediately entitled to draw upon the security and take such other actions as in the opinion of LSRAS:; are required to rectify such breach, including the right to enter on the Property, the right to purchase materials and the right to employ workers, all at the expense of the GwfiefPurchaser, its surety, or both. The cost of such work shaH be calculated by LSRAS:; and its decision in this regard shaH be final. The cost of such work shaH include a management fee not exceeding TWENTY PERCENT (20%) of all labour, material and machine time charges incurred to complete such work. The Purchaser acknowledges that the foregoing remedies are in addition to anv remedies the Township of Oro-Medonte may have pursuant to its site plan agreement to be executed for development of the Property. 10. TITLE MATTERS 10.1. Requisition Date The Purchaser shaH be aHowed until 5:00 p.m. on the day of , 2002 to examine the title to the Property at the Purchaser's expense" and to bc satisfied that the airport commercial use contemplated thercon is lawful. 10.2. Title Title to the Property shall be good and free from all encumbrances, except as provided herein and except for any minor easements to public utilities required for the supply of utility services to the Property. If, within the time allowed for examining the title, any valid objection to title or to the fact that a commercial use may not be lawful on the Property is made, in writing, to the Vendors, and which the Vendors are unable or unwilling to remove, remedy or satisfy, and which the Purchaser will not waive, this Agreement, notwithstanding any intennediate acts or negotiations in respect to such objections, shall be at an end and all deposit moneys paid prior to tennination shaH be returned without deduction except as specifically provided herein and the Vendors shall not be liable for any costs or damages. Save as to any valid objections so made by such day and except for objections going to the root of title, the Purchaser shaH be conclusively deemed to have accepted the Vendor's title to the Property as provided herein. 10.3. Documents of Title The Purchaser shaH not caH for the production of any title deed, surveyor any other evidence of title to the Property, except such as are in the possession or control of the Vendors or as may be specifically provided for herein. The Transfer/Deed of Land shall, save for the Land Transfer Tax c:lwindowsltemplrev sale a!1reement ,08mav02,docm;.\mlaw\wGr~i~fles\oo_kHnatt&F&\lsr"-matten;IIaA<H;a1e a!1reement're" sale agreement 08ma'102.eosm:'mlaw\war.k\jimlaGtive files..GaFpaFillemaIlOF5.ls....mallers.Jane sale agreementlre" sale agreement 15#e902 lIaG City of Barrie and" 05/10/021:16 PMOOIOO/02 9:11 AM05/0S/02 5:12 PM PAGE 11 OF ~ bet - ~ a. ~ q -33 Affidavit which shall be prepared and completed by the Purchaser, be prepared in registerable form at the expense of the Vendors. 11. GENERAL PROVISIONS 11.1. Realty Taxes Realty taxes shall be apportioned and allowed to the date of completion, the day itself to be apportioned to the Purchaser. 11.2. Conditions The Vendors and the Purchaser agree that there is no condition, representation or warranty of any kind, express or implied, that the future intended use of the Property by the Purchaser, is or will be lawful, except as may be specifically stipulated elsewhere in this Agreement. 11.3. Time of the Essence Time shall, in all respects, be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by the Vendors and the Purchaser or by their respective solicitors who are specifically authorized in that regard. 11.4. Tender Any tender of documents or money hereunder may be made upon the Vendors or the Purchaser or their respective solicitors on the day set for the completion of this Agreement. Money may be tendered by a bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire. 11.5. Family Law Act Compliance The Vendors shall provide evidence on closing that the provisions of the Family Law Act relating to matrimonial homes do not apply to this transaction and that spousal consent is not required. 12. AMENDMENTS AND OTHER GENERAL MATTERS Notwithstanding any terms or conditions outlined in the typewritten portion herein, any provisions handwritten into this offer shall be the true terms and shall supersede the typewritten portion in respect to the parts affected thereby, provided they have been initialed by the parties hereto. This Agreement shall constitute the entire Agreement between the Purchaser and LSRA save as aforesaid and there is no representation, warranty, collateral agreement or condition affecting this Agreement or the property or supported hereby other than as expressed herein in writing. This Agreement shall be read with all changes of gender or number required by the context. c:\windows\temp\rev sale aQreement 08mav02.doCR'H\mlaw\wGf1<\jim~les\GOri!GFat&-matt~""'att6l'&\laRd-&ale aQreement're" s,,'e ""reeme,,! OS"""yQ2.do"",;I""'a,,,'\wGI'k\jimlaGlive filee\eerpGFate matteF6\lsFa matteF&\Jan9 sale agr.eement'J'e" &ale agreement 15feb02.9Ge City of Bame and', 05/10/021:16 PM05lQ9l0U~1 J'.M05/jj8JO~ PAGE 12 OF 1m b ~-3Lf 13. NON ASSIGNMENT This Agreement may not be assigned, transferred or otherwise encumbered by the Purchaser without the prior written consent of the Vendors, which consent may be uilleasonably and arbitrarily withheld. 14. NON-MERGER AND SEVERABILITY OF COVENANTS The covenants, obligations and agreements (the "Covenants") made in this Agreement and in any schedule, document, certificate or other instrument delivered by Of on behalf of the Purchasef in connection with the transaction contemplated hereby, shall be deemed to be Covenants made pursuant to this Agreement and all such Covenants shall survive the date of execution hereof and the completion of the purchase and sale contemplated herein and shall continue in full force and effect following same. If any Covenants contained in this Agreement shall, to any extent, be invalid or unenforceable, the remainder of such Covenants or the application thereof to such parties, persons or circumstances, othef than those in respect of which it is held invalid or unenforceable, shall not be affected thereby and each of the Covenants made pursuant to this Agreement shall be separately valid and enforceable to the fullest extent permitted by law. 15. SUCCESSORS AND ASSIGNS This Agreement will enure to the benefit of and be binding upon the undersigned parties and their respective successors and permitted assigns; no party may assign this Agreement except in accordance with the provisions of this Agreement. IN WITNESS the Parties have set their corporate seals under the hands of their authorized signing officers. * P~ ch Name: Title: I have authority to bind the corporation Per: cis Name: Title: I have authority to bind the corporation c:lwindows Itemplrev sale aQreement 08may02,doc",*,,!awlw<>fl<\iimlat;tj__f~e&lGOI'PGI'a_atlef6\lsl'a_ef'6\I;IfIQ.&ale aGFeemsnt'Fe" sale a!:lreemenI08m",AJ2.deem"mla",\weri<>jimlaeli'Je file6\eel'pGFate ma"eF6\lsFa matters\land sale agreemeFlt'.e" sale agreement 1IifobQ2,dee City of Barrie and', 05/10/02 1:16 PMQ5I.Q9~ PAGE 13 OF ~ THE CORPORATION OF THE CITY OF BARRIE Mayor Clerk We have authority to bind the corporation. THE CORPORATION OF THE CITY OF ORILLIA Mayor Clerk We have authority to bind the corporation. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor Clerk We have authority to bind the corporation. c:lwindowsltemplrev sale aQreement 08mav02, docm7\m1aw\w<)Fk\iim\aGtiw;..filesIGGr~ttefS\lsr<l-ffiattel'SllaAd-6aIe aaree,mentlre," sale alleeement 08ma...o2:GeGm:\ml~'f)workljim\aGti':e files\eorporate matteF6\lsra matteF6\1aRG sale ag"eementlF&'/ eale,agRlemeRt 15feb02.doG ' Cityof,Barrie and', 05/10/021:16 PM05I.o9I02 9:11 AMOS'Oa'02 5:12 PM PAGE 14 OF 1~ ~C\-3S I ";2/ tQ'1........1&:> 16. SCHEDULE "A" AGREEMENT THIS AGREEMENT dated as of the _ day of ,2001. BETWEEN: [0] [insert correct legal name of the three municipal owners ofthe lands] (coHectively the "Transferor") - and - [ 0] [insert name of Purchaser] (the "Transferee") WHEREAS: A. The Transferor and the Transferee entered into an Agreement of Purchase and Sale dated , 200~+ (the "Purchase Agreement") in respect to the acquisition by the Transferee of the lands and premises described as [0] (the "Lands"); B. The Purchase Agreement requires the Transferee to execute an agreement setting forth the basis on which the Transferee shaH develop the Lands; and C. The Transferee and Transferor have agreed to the tenns and conditions hereinafter set forth. NOW THEREFORE in consideration of the mutual covenants and agreements set forth in this Agreement and the sum of $10 paid by each of the Transferor and the Transferee to the other and for other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the parties hereto covenant and agree as foHows: 1. The Transferee covenants and agrees that it wi11, within one (1) year of the date of registration of the Transfer of the Lands iTom the Transferor to the Transferee, complete start construction thereon of an airplane hangar building or buildings on the Lands, to cover not less than twenty (20%) percent of the land c:lwindowsltemolrev sale aareement 08mav02.docm;\mIawlwOFk\iim\aGtive-fiIes\ooFl>Gf'ate-mattef&\lsr.l-matter&\IaRd-sale aQreemenllrev sale 3Qreement OSm3':02.desm:\m13w'.work'Jimlastive files\sol'peRlte mattOF6\1SFa matteF6\13Rd salo agreemeRtIr.e>' sale agreemeRt 15feb02 clos City of Barrie and ',05110/021:16 PM05IOO/02-1M-1 A'~05((1alO~ PAGE 15 OF ~ (, C\ -31 area, in accordance with the municipal zoning,_building and other by-law requirements or approval I processes of the Township of Oro-Medonte for the development of the Lands including a11 requirements for the issuance of a bui1ding pennit and the granting of site plan approval by the Township of Oro- Medonte. The Transferee also agrees to obtain the approval Lake Simcoe Regional Airport (the "LSRA~"), to its plans for any construction to be undertaken on the Lands and to complete construction of such bui1ding or buildings within one (1) year of the start of such construction. The Transferee covenants to deliver to the LSRA~, in writing, at LSRA~'S management office in the LSRA~ Tenninal Building a schedule of the times of commencement of construction and completion of buildings and sha11 keep LSRA~ infonned by ""TItten notice of any changes in the schedule and of any delay in construction times which occurs or might occur. 2. If the Transferee does not start and complete construction of the airport hangar building or buildings on the Lands, in accordance with the provisions of Paragraph I above, within the periods therein set out, the Transferor shaH have the option of repurchasing the Lands from the Transferee at ninety (90%) percent of the original purchase price, without interest, and free from any and aH encumbrances, and the Transferee shaH provide to the Transferor aH cessations of charges and releases of other encumbrances and execute aH transfers and assurances as may be requisite in order to transfer a good and marketable title to the Lands to the Transferor within thirty (30) days of having been requested to do so by the Transferor. The said option may be exercised by the Transferor on sixty (60) days notice in writing at any time, provided that the Transferee may, at any time after three (3) years from the time of default, give notice in writing to the Transferor at the [City Clerk's Office, City HaH, 70 CoHier Street, Barrie, Ontario], with a copy to the Airport Manager at the LSRA~ at R.R. #2, Oro Station, Ontario requiring the Transferor to exercise the option to repurchase the Lands as aforesaid. If, after receiving such notice from the Transferee, the Transferor does not exercise its right to repurchase the Lands by giving notice in writing, mailed to the address for service of the Transferee as shown on the Transfer, of such intention within ninety (90) days of receipt of the said notice from the Transferee, then the Transferor's right to repurchase the Lands under the provision of this paragraph shaH tenninate. 3. Construction of the buildings shaH be considered to be commenced when a building permit has been obtained and the fonns for the footings are in place. The building shaH be considered to be completed when substantial perfonnance has taken place, as such is defined by the Construction Lien Act, R.S.O, 1990 subject to any delays resulting from fires, strikes, floods. acts of God. or the Queen's enemies. or c:lwindowsltemplrev sale apreemen! 08maV02.docm;.\mlawlwG<kliim\a<;tiv<Hiles\GOr~kHnatter-&\l&l'OHfla\tef&\laRd-sale "\1reement\re', &,,10 "\1roement ()8ma'A}2,deem:'.mla'N',wel'i<\jimlaetive files'.eel'perate matters'.lsFa matters\lafnJ sale agreement'"e" sale agreement 15fob()2.dee City of Barrie and', 05/10/021:16 PMGSr09102 9:11 ^-,!g5'08/g~ PAGE 16 OF ~ be\..3~ lawful acts of Public Authorities, or delays caused by materia] suppliers or common carriers which cannot reasonably be foreseen. 4. In the event that grading works are undertaken on the Lands prior to the issuance of a building penTIit and preceding construction, the Transferee covenants to control erosion on or from the Lands by maintaining vegetative ground cover or by instaning erosion control facilities to the satisfaction of LSRA.[ and the Township ofOro-Medonte. 5, Unless the covenants in paragraph 1 have been satisfied, the Transferee covenants that it wiJl not sen or transfer the Lands, or any part thereof, to any person, finTI or corporation, without first offering in writing. delivered to LSRAh and to the Transferee [c/o City Clerk's office, City Han, 70 Collier Street, Barrie. Ontario], to sell the Lands to the Transferor at a price equal to ninety (90%) percent of the original purchase price paid by the Transferee to the Transferor, and free from any and all encumbrances. For the purpose of this paragraph, if the Transferee is a corporation, the word "sen", in addition to its ordinary meaning, shan be deemed to mean and include a sale or disposition of the corporate shareholding of the Transferee by the person or persons who, at the date of the transfer of Lands by the Transferor to the Transferee, holds or hold a majority of the corporate shares. The Transferor shall have ninety (90) days from the receipt of an offer made by the Transferee, under the provisions of this paragraph, to accept such offer. Such acceptance shall be in writing and mailed to the address for service of the Transferee as shown on the Transfer. If the Transferor does not accept an offer to sen, made by the Transferee under the provision of this paragraph, the Transferor's right, provided in this paragraph to repurchase the lands so offered, shall tenTIinate. Provided however, that the Transferee may sell or otherwise transfer the said land to a subsidiary or affiliate corporation as defined in the Business Corporations Act. R.S.O. 1990, without first so offering to sell the Lands back to the Transferor provided such subsidiary confinTIs the acceptance of the within building covenants and the offer of re-sale in this paragraph and expressly undertakes in writing to comply therewith, by execution of such documents, in confinTIation thereof, as the Transferor may require. 6. The Transferee covenants and agrees to pay an monthly airport maintenance charges and applicable user fees that are applicable to penTIit airside access from the Lands. The airport maintenance charges shaH be established concurrent with the transfer of the Lands and shall be adjusted annually based on the Consumer Price Index subject to fun review every five (5) years. The failure to pay the monthly airport maintenance charges and applicable user fees wiJl result in prohibition of airside access from the Lands to c:\w i"doVls Itemp\rev sale aareement 08mav02.docm;.lmIaw\weFk\jim\.aGliv~les\GOFl>Gfate-mattef5\161'a-matteF&1IaAd-&ale 3preement\ro" sale apree",e"t 08"'3'AJ2.dos"':'mla",\werkljimlaGlI'J. fileslsel'pel'al. malters\lsr.l malteF&\laruj sale 3greeme"I'.,.-&" sale agreeme"t 15feb02.oeG City of Barrie and., 05110102 1:16 PM~-'l-AM05'G8102 5:12 PM PAGE 17 OF ~ the airport lands retained by the Transferor and operated by the LSRA.c and, in additions. wiU result in cessation of water and sanitary sewer service. Interest on delinquent amounts shall be calculated and payable based on The Bank of Canada's Prime Lending Rate in force from time to time plus 3%. 7. The Transferee acknowledges that the LSRA.c has provided for the supply of water and sanitary sewer services, The Transferee covenants and agrees that it shall be responsible for payment of user fees assessed by the LSRA.c to provide these services, such fees to be established concurrent with the transfer of the Lands and reviewed annuaUy thereafter. Failure to pay the monthly user fees wi11 result in cessation of water and sanitary sewer service, Interest on delinquent amounts shaU be calculated and payable based on The Bank of Canada's Prime Lending Rate in force from time to time plus 3%. In addition, the Transferee agrees that any amounts outstanding with respect to user fees shall fonn a charge against the Lands in favour of the Transferor until such time as the said amounts have been paid in full together with aU interest accruing and costs of enforcement on a solicitor and client basis. 8. The Transferee agrees to maintain the Propertv and al1 buildings or improvements constructed thereon in good condition and appearance in accordance with the requirements of a first cJass airport facility and as mav be required to comply with property standards by-laws in force in the Township of Oro-Medonte from time to time or such reasonable property standards and maintenance requirements adopted by the LSRAC in the operation of the airport facility, &LThe Transferee shalI, at any time and from time to time, in the event of the sale, mortgage, lease, ground lease or other disposition of any interest in the Lands or any part thereof, obtain from any person so purchasing, mortgaging, leasing or acquiring any such interest, their agreement in favour of the Transferor to perfonn each of the covenants. obligations and agreements of the disposing party hereunder (incJuding but not limited to those in this paragraph ) in the same manner and to the same extent as if originally named in this agreement as the disposing party, and in consideration thereof the other party shall confinn to the person acquiring such interest the benefits of this agreement; provided however that any such agreement executed by any mortgagee shall provide that such mortgagee shall be obligated to perfonn the covenants, obJigations and agreements of the mortgaging party hereunder only for so long as the mortgagee shall be in possession of any of the mortgaged property (either directly or indirectly by way of agent, receiver or receiver and manager) or shall have taken any steps to realize on its mortgage security. c:\windows\temp\rev sale a!jreement 08mav02,docrw.\mlaw\wol'k\iim\a<;\ivef1lesIGoH'orate-mat\el'S\lsra-matt&F&\lafKl.5ale agreemeAI\re.. s~le aareemeAt 08mav02.deGm:\mlaw'meri<\jim'.aGli'/e fjles'.GOFflORHe mattaAl'.lsI'a ma"eAlllaRd sale agreemeRt're" sale agreemeRt 15feb02.dOG City of Barrie and', 05/10/021 :16 PM05I.oo~ PAGE 18 OF 1m ~ ct - 3 q -9-:lJL The parties shaH with reasonable diligence, provide to each other such further instruments or documents or assurances and do aH such other things as may be necessary and expedient to effect the purposes ofthis Agreement and carry out its provisions. .w.:.!.L.Time shaH be of the essence of this Agreement. ++..LL. This Agreement shaH be governed by and construed in accordance with the laws of the Province of Ontario. -hh1L- This Agreement shaH enure to the benefit of and be binding upon the parties hereto and their respective successors and assigns, ,g.,~This Agreement is conditional on compliance with the Planning Act, R.S.O. 1990, c 50, as may be I amended from time to time. IN WITNESS WHEREOF the parties have set their corporate seals under the hands of their authorized signing officers, [. ] Name: Title: Name: Title: I/We have authority to bind the Corporation. [. ] Name: Title: c:\windows\!emp\rev sale aRreemen! 08mav02.docm:'.mlay'\work'.iim\3c!ive file","corporate matlers'ls"" matl&l'&ilaAd-sa1e <JQreement\re'l"ahiB;Jreemem 08mil'l'll2.doGIiI :'m,'!I':J.\,.YPrk\jim\3Gtive 'files'.GoFpOFate matleF6'JSFBmatleFSlland sale.' , agreement'r.." 6ale Bereemen! 15teii02.deG ' City ofBarrieand',,05/10/021:16PMMI09!02 9:11J\M051081tJ2 5:12 PM ~.PAGE 19 OF 1234 to &\ -- ~O Name: Title: JlWe have authority to bind the Corporation. M:IMLA'NIWORK\lIMIACTIVE FILESICORPORATE MATTERS\LSRA MATTERSILAND SALE AGREEMENTlREV SALE AGREEMENT 15FEB02,DQC C:lwindOwsltem~\rev sale aareement 08mav02.docm"mH>w\wor-l<\iimlaGtive-files\GOr~te-matler~\lSfiI-.matter~\laM-5a1e ~reement\re" saie-a>1reem;;"t 08ma';Q2.do~m:\mlaW'norkljim\aGti"e filo8'Gol'porate matter&'.lsFa mattero\land sale agreement\re" sale agreement 15feb02,doG City of Barrie and', 05/10/021:16 PM05I~~5108/g2 5'12 PM PAGE 20 OF 1~ 0~ 4) 17. SCHEDULE "8" RESTRICTIVE COVENANTS 1. The Transferee, to the intent that these covenants shall run with the lands hereinafter described as the Servient Lands (and any part thereof) for itself, its successors and assigns covenants promises and agrees with the Transferor, its successors and assigns of the lands hereinafter described herein as the Dominant Lands, that the Transferee and its successors in title, from time to time, of all, or any part or parts of the Servient Lands, will observe and comply with the stipulations, restrictions and provisions herein set forth, and that nothing shall be done upon the said lands or any part thereof in breach or violation or contrary to the fair meaning of the said stipulations, restrictions and provisions contained herein. 2. The Servient Lands are described as [e). The Dominant Lands are described as [e). 3. The Tranferee agrees not to commence construction of any buildings, structures, driveways, parking areas, taxiways, aprons, or any other improvements upon the Servient Lands without first satisfying and complying with the Township of Oro-Medonte's zoning, building and other municipal by-laws or requirements and approval processes (including, without limitation, the submission to the Township of suitable building and plot plans showing the exact location of all buildings (including elevations), outside storage areas, building materials to be used, landscaping, groundside and airside access, signage, outside lighting and grading) currently necessary for the issuance of a building pennit and site plan approval by the Township of Oro-Medonte. The Transferee acknowledges and agrees that the Township of Oro- Medonte's municipal requirements may be subject to amendment in the future and the Transferee agrees to not commence any such construction in the future without first complying with such amended municipal requirements, provided such amended municipal requirements are of general application and apply to other properties located within the Township of Oro-Medonte. 4. The Transferee shall not commence any construction on the Servient Lands without first retaining the services of a professional architectural finn satisfactory to the Transferor to design and ensure that the construction of the development on the Servient Lands will be complimentary to the buildings in the area. c:\wlndowsltemolrev sale aoreement 08mav02.docm:\mI3"A~'orl<lii~Ie~~sra,matter&\JaRd sale _ent',AI'.' sale allreement08ma'lQ2 dOI;lJl;\mlawlworitljimlastivefilee\soFj:loFa!e malteFSlJeFa matteF8\land eale agreement'l'e" sale agreement 15feb02.doG City of Barrie and', 05110/021:16 PM05109'0211:11 MA05108'02 5:12 PM PAGE 21 OF, 1m hct-4c;t 5. The Transferee agrees that prior to the commencement of construction on the Servient Lands, it wiJJ first obtain the approval of the Lake Simcoe Regional Airport (the "LSRA[") to its plans for any construction to be undertaken on the Servient Lands. 6. The Transferee covenants that it shall not dispense, seH or otherwise store aviation fuel or related products on or within the Servient Lands and acknowledges that the Transferor reserves the exclusive right to store and sell aviation fuel and related products to users of the airport. Failure to comply with this restrictive covenant wi1l result in the prohibition of airside access from the Servient Lands in addition to any other remedies that the Transferor may have. This prohibition shall not prevent the Transferee from allowing the storage of aircraft in the nonnal course of its business operations on the Servient Lands. 7. The Transferee covenants that it wi1l not conduct any business activity on the Servient Lands in direct competition with services provided by or business conducted by the Transferor or the LSRA[ (without their prior written consent which consent may be unreasonably and arbitrarily withheld) and which the Transferee acknowledges may include, with limitation, outside aircraft storage and tie down amd freight handling including air sufferance andlor bonded warehouse activities. 8. The Transferee covenants and agrees that it wiH not engage in any activities on the Servient Lands which do not comply in all material respects with the requirements of Federal or Provincial legislation applicable to the operation of the LSRA[ as well as any Airport Operations Manual in force from time to time or any other airport policies as implemented from time to time. 9. The Transferee covenants that it sha1l not prevent entry onto the Servient Lands by the Transferor, the LSRA[ andlor their respective personnel at reasonable times and at reasonable intervals to ensure compliance with the pennitted uses, Federal, Provincial andlor municipal law including environmental protection legislation or in the event of an emergency. The Transferee covenants that it wi1l not prohibit access by the TransferQ...rGR, its agents or servants from entering upon the Servient Lands in order to conduct Phase I, Phase II and Phase III environmental audits at their discretion and at such time or times as they may detennine. The Transferee covenants that it win not use or store on the Servient Lands any hazardous material or environmental contaminants except in accordance with governmentany approved procedures and agrees to keep the Servient Lands free of all environmental contaminants as required by all applicable laws. The Transferee shan be responsible for the cost of clean up and for any costs, losses or damages suffered by the Transferor and the LSRA[ arising from a breach of this covenant. :c:\windowsltemDlrev sale aareement 08maV02,doCIW-lml3wlwGl'k\iimlaGtive-filesIcoFPor<I\&.matt&R;lJsfa-matter&\lancJ..sa1e 3!1reement\rev sale aQreement98ma'f02.!1!>Gm:lR1law',werkljimlaGtive files'.Gel1'eFate m3ttel'6~ISRl mattel'6\1aAd sale agreemeAt\re'l sale agreement 15feb02.deG City.olBarrie and', 05/10/021:16 PM05IQ9102 9,11 .N"05'QllI02ji'12 PM PAGE 22 OF 1234 to tt -43 10. The Transferee, for himself, his heirs, executors, administrators and assigns, further covenant, promise and agree with and to the Transferor, its successors and assigns, that the Transferee his heirs, executors, administrators and assigns, will not, at any time and from time to time, if! tRe eveRt of a salesell, mortgage, lease, license, franchise or otherwise partffit! with possession or title of any part or all of the Servient Lands, without first exacting from any person, firm or corporation so purchasing, mortgaging, leasing, licensing, franchising or otherwise occupying the Servient Lands, similar covenants to those contained in these restrictive covenants for the benefit of the Transferor, its successors and assigns. 11. Each covenant and agreement contained herein shall be construed to be a separate and independent covenant and agreement. If any term or provision contained herein or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable the remainder of these covenants shall not be affected thereby and each term and provision shall be valid and shall be enforced to the extent permitted by law. c:\windows\templrev saleaQreement 08mav02,doCRH\mlaw\w9fk-\iim\aGtiwHilesl~er&'lsra matteF&\lanQ sale 3oreement\re" saleaoreement 9Sma'JQ2.Qesm:'.mla"1Y1Grk\jimlastj>.'G files\GGIj3Grate matten>\lSFa matten;\land sale agreementlrev sale agreement 151eb02.dGG City of Barrie and " 05/10/021:16 PMGIiI09I~1-1-AM05198'02 5:12 PM PAGE 23 OF 1234 ~tt -L/f ~ Reo RecYfling Councilof Ontario", , '~ n 2001 Ontario Waste Minimization Awards '~, Thursday, April 25, 2002 Four Points Sheraton,St. CatharinesNiagara Suites 2001 Winners' and Finalists' Summaries NunicipalAwatds This category recognizes municipalities,iregional govern- ments and groups of municipalities that divert a significant percentage of municipal waste from disposal (landfill or incineration). Both historic improvement in waste minimi- zation performance over the past three years and overall performance in the year 2001 (measured in kg of waste disposed per capita) was considered. Municipalities were recognized for their achievements with Platinum, Gold, Silver and Bronze awards. Platinum Award Winners (Municipalities generating less than 85 kg per capita, an 80% reduction from the estimated provincial average) Bluewater Area Municipalities Gold Award Winners (Municipalities generating between 86-150 kg per capita, a 40% reduction from the estimated provincial average) County of Northumberland Township of Zorra Silver Award Winners (Municipalities generating between 151-215 kg per capita, a 30% reduction from the estimated provincial average) Township of Adjala-Tosorontio and the County of Simcoe Muncipality of Brockton Town of Georgina Town of Hanover Town of New Tecumseth City of Orillia The Corporation of the Town of Whitby City of Windsor Bronze Award Winners, (MunicipalWes generating between 216-280 kg per capita, a 20% reduction from the estimated provincial average) Town of Bradford West Gwillimbury City of Brantford The Region of Durham Township of Essa The Town of Innisfil City of London Town of Markham Town of Newmarket The Corporation of the Township of Oro-Medonte, County of Simcoe I, ".:- /' "" ? \?j) City of Ottawa (.VC. \.-F'" I'Y\E:... .I r-> .::::> Town of Pelham p.. B Q.o tJ2E.. A wp..-u) City of Pickering _ Township of Severn .IS G=.u1C, K:,ilW~t!"l:) City of Toronto , -S~ - V):O ~(~ " , , , -/0-1 REPORT DEPT. REPORT TO: COMMITTEE OF THE PREPARED BY: #ES2002-32 WHOLE Keith Mathieson SUBJECT & FILE #: DEPARTMENT: COUNCIL: Buffering/Screening of Public Works 279 Line 4 South- C.OFW.: Szczebior Property DATE: May 13, 2002 MOTION #: DATE: R. M. FILE #: D11-10307 At the Committee of the Whole Meeting held on February 27,2002, correspondence received by Ms. Versha Szczebior dated February 18, 2002 was received and referred to staff for a Report. As indicated in Ms. Szczebior's letter, which is attached for Council's perusal, she is not interested in the construction of a berm by the Township on her property. On page three of the correspondence, Ms. Szczebior has listed three possible solutions: 1) Amend the present Official Plan. This has been presented to Council at the Special Council Meeting of May 8, 2002 for consideration. 2) Encourage Duncor Enterprises Inc. and Vandergeest Welding to plant trees along their south property borders. At the Site Plan Committee Meeting held on May 6, 2002, Vandergeest Welding presented their Site Plan to the Committee for consideration. At the request of the Committee, the berm across the south limit of this Site Plan and the previously approved Site Plan has been raised from 0.6m to 2m high, with planting of 2m high evergreen trees. As previously indicated in Report #ES2001-48, the Duncor property is not an abutting property and is not under Site Plan control. 3) Planting of two rows of mature evergreen trees along adjacent fence border. The cost to plant approximately 20 trees along a 100 metre planting strip would be $6,600.00, plus tax. " ,,> -I r {b-~ 1. THAT Council receives and adopts this report. 2. THAT Ms. Szczebior's request to amend the Official Plan be considered by Council during revisions/amendments to the Official Plan. 3. THAT Vandergeest Welding constructs a berm with evergreen planting, as per their Site Plan. 4. THAT Ms. Szczebior be notified of Council's decision. ~IIY submitted, Keith Mathieson ~ ..' ,. ib-3 VERSHA SZCZEBIOR R.R. 1, Shanty Bay, Ontario LOL ,_ (705) 487-7562 ~ February 18, 2002 The Corporation of the Township ofOro-Medonte 148 Line 7 South Box 100 Oro, Ontario LOL 2XO Attention: Ian Beard, Mayor Jennifer Zieleniewski, c.A.O. Keith Mathieson Mr. H. Hughes Members of Council '.....".....1~~o',;.;.."i Gentlemen and Madams: RE: BUFFERING/SCREENING OF 279 LINE 4 SOUTH, ORO Further to your letter of November 20, 2001 I offer the following response. 1. Regarding the "present Official Plan policies requirement" and "present controls" in place, I suggest that these policies be amended to protect a residence or agricultural enterprise from the effects of industries/commercial businesses, both for existing and future businesses, as soon as possible 2. Regarding Duncor Enterprises Inc. and the Township not having means to require them to contruct buffering/screening at "this present time", Council mayor may not be aware that Duncor surrounded their industry with a see-through wire mesh-type fencing with barbed wire on top at the end of December 2001. Needless to say, in spite of their previous dialogue with Council members about my concerns, this type of fencing does not afford any buffering/screening whereas a solid type of fencing along the south side (such as the Drive-In has) if encouraged by the Township, would have. IfDuncor now planted two rows of mature (7-8') evergreen trees along the south side of the mesh fence this spring, this would certainly be one solution. If Vandergeest Welding then planted a similar two rows of mature evergreen trees in alignment with Duncor, it would help solve the current problem. 3. I do not agree with your statements regarding loud beeping or any other type of noise as being a temporary condition. I live there, you do not. Please refer to my original letter to the Township as well as the notes on my personal statement to Council. As for members of Council's comments that they did not notice any noise, dust clouds etc., when they visited, there seemed to be an almost uncanny ability of Vandergeest in particular to be quiet at these times as if they knew ahead of time when a visit would occur. , . " 1 b --4 I W. Szczebior, 279 Line 4 South, Oro -2- It is obvious that the situation with noise, dust, etc. is not as bad when there is snow or it is cold during winter when the enormous doors facing me are not open because of the temperature, nor is there as much activity with trucks, etc. from both enterprises. It is much worse from early spring to late fa)). 4. Regarding the berm on MY property solution which was brought forward by a member of Council at the October 24,2001 meeting, this did not cross my mind as a possible solution. I had hoped instead that Council would either encourage the industries in question to build a berm with trees on top or similar landscape screening/buffering to protect me, or would amend the plan/policies/controls in place to be able to enforce an industries to comply with new policies. Your letter states the "Township is wil1ing to assist me....when projects allow the opportunity". This is a very nebulous statement. This is not a good solution from my point of view for the fonowing reasons: a) There are no details regarding the where, when, what material, how long, the costs involved, the completion, the trees on top, etc. b) Two years ago I spent over $550 adding gravel and grading my 300' long driveway. Large dump trucks going up and down would surely flatten and rut the surface so that it would have to be done again at a substantial cost c) The berm would need to be very high and long in order to shield the view of the very tall buildings involved - who would level offlcomplete the berm - who would plant trees on top, at whose cost? d) The field involved next to my driveway and house in which the berm would be built would be unrentable and unusuable for planting/harvesting until the work was completed which at the meeting was suggested could take several years, thereby decreasing both rent and crop production e) What would the content of the berm material be, from what sources, what assurances would there be that the soil was not weedy, contaminated or toxic in nature f) At the beginning of the construction/expansion of the three industries in question, two springs ago I planted 50 seedlings along the separating fence line spaced 5' apart. Theseseedlings would of course be killed in the process of creating a berm ..... l" ---I b ,~ I W Szczebior, 279 Line 4 South, Oro - 3 - Council's proposed solution of a berm on my property could create even more problems for me. A better solution would be as above #1, #2: 1) Amend the present official plan and present controls to protect residences and farms a specific number of feet away (example, within 1200' of an adjacent border) with buffering/screening guidelines - have it apply to aU existing industries as we11 as future ones 2) Encourage Duncor and Vandergeest to plant at least two rows of mature evergreen trees along the south side of Dun cor's recently erected wire mesh fence continuing along the south border of Vandergeest's property and any future industrial growth adjoining my borders 3) If the above two are not possible within a reasonable length oftime (by the faU of2002) then I would suggest financial and physical planning and assistance from Council in planting at least two rows of mature i.e. 7-8' evergreen trees along the adjacent fence border on my side taking into account the seedlings already planted there. This may be the most cost effective and environmenta11y friendly solution. Since no other possible solutions relating to the buffering/screening being placed on my property were considered by me or discussed at the meeting, I would suggest the berm being built on my property be put on hold for now and two or more rows of mature evergreen trees be planted along the fence border (between my property and EricAnna) on my side beside the existing seedlings (40 are left and are about one foot high) with Oro's assistance. Of course I would be open to other solutions as they pertain to being placed on my property to protect my residence and agricultural land from the offending industrial properties. Sincerely, c:RJcMW J 4Lr~ Irena-W. (Versha) Szczebior liws 16-0 REPORT TO: Council PREPARED BY: Keith Mathieson SUBJECT & FILE #: DEPARTMENT: COUNCIL: C. OF W. Follow-Up to Verbal Report - Public Works Versha Szczebior - 279 Line 4 South - Request for Screening/Buffering MOTION #: DATE: DA TE: October 19, 2001 :BA€4RGROU Ms. Szczebior's property is located on Line 4 South and has requested buffering/screening from her three (3) adjacent properties. These three properties are Ericana Industries Inc., which abutts her property, Duncor Enterprises Inc., which is located north of her property at Line 4 South and Winstar Road, and Jess-Cor Holdings Inc. (Vandergeest), located on Winstar Road, within the industrial subdivision. Attached is a map showing the locations of these four (4) properties. The Township's Official Plan policies require buffering for industrial/commercial properties abutting residential properties. Ericana Industries Inc. is not subject to a Site Plan Control Agreement and therefore, were not required to construct buffering/screening. As Duncor and Jess-Cor are not abutting to residential properties, there is no requirement to construct buffering/screening. Mr. Vandergeest, owner of Jess-Cor Holdings Inc., which is under Site Plan Control, has agreed to plant trees along the south limit of his property, which over time will provide screening of his property. Council and Township staff have visited the site on several occasions and noise, visual and environmental pollution was deemed acceptable. 1. THAT the draft correspondence attached from Keith Mathieson, Director of Engineering and Environmental Services, be sent to Ms. Szczebior. 2. THAT Council receives and adopts this report. Rp~nt2tfullv submitted. /\0 . G~ ~. JC:~ ,(,\(;\ REPORT IC -I DEPT. REPORT TO: COMMITTEE OF THE PREPARED BY: #ES2002-33 WHOLE Keith Mathieson SUBJECT & FILE #: DEPARTMENT: COUNCIL: Jess-Cor Holdings Inc. - Site Public Works Plan Agreement - Parcel 21-14, Section 51-0ro-5, C.OFW.: Being Part 2, 51 R-19930, Being all of PIN #58550-0132 DA TE: May 13, 2002 MOTION #: (Lt), Line 4 South DATE: R. M. FILE #: L04-10308 Mr. Paul Vandergeest and the Township of Oro-Medonte entered into a Site Plan Agreement in October, 2000 to construct a welding shop in the Guthrie Industrial Park located on Line 4 South. Mr. Vandergeest is now proposing to expand the existing shop by 1,021 m2 and to extend the office space by 334 m2. Mr. Vandergeest's Site Plan was presented to the Site Plan Committee on May 6, 2002, at which time revisions were required to the Plan to increase the height of the berm along the entire southerly property boundary to 2m in height, as well as the planting of 2m evergreen trees on top of the berm. Additional width of the proposed parking spaces was also required. Mr. Vandergeest's Site Plan has been revised to satisfy the Committee's concerns and the required Letter of Credit has been posted. Township staff have been circulated and there are no concerns with the proposed addition. 1. THAT Council receives and adopts this report. 2. THAT the Township of Oro-Medonte enters into a Site Plan Agreement with Jess-Cor Holdings Inc., Parcel 21-14, Section 51-0ro-5, being Part 2, 51R-19930, being all of PIN #58550-0132 (Lt), Township of Oro-Medonte, to construct a 1,021 m2 shop addition and 334 m2 office expansion. 3. THAT the Clerk prepares a By-law for Council's consideration. Keith Mathieson ~~\\\i,Jy May, 2002 By-law No. 2002- APPENDIX uB" SITE PLAN AGREEMENT - between - JESS-COR HOLDINGS INC. - and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS Parcel 21-14, Section 51-0ro-5 Being Part 2, 51R-19930 Being all of PIN #58550-0132 (Lt) TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE 1 c,-.- ~ Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Section 11 Schedule "A" Schedule "S" Schedule "C" Schedule "0" Schedule "E" THE TOWNSHIP OF ORO-MEDONTE SITE PLAN AGREEMENT T ASLE OF CONTENTS Covenants by the Owner Covenants by the Township Covenants by the Owner and Township Development Restrictions Development Changes Security Compliance Co-operation Sinding Effect Severability of Clauses Save Harmless SCHEDULES Legal Description of Lands Site Plan Deeds and Easements to be Conveyed Itemized Estimate of Cost of Construction Standard Township Letter of Credit 2 1[-3 7 c.,. Lf SITE PLAN CONTROL AGREEMENT This Agreement made in quadruplicate this day of accordance with Section 41 of the Planning Act. 2002, in BET WEE N : JESS-cOR HOLDINGS INC. Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Township and Jess-Cor Holdings Inc. have, pursuant to Section 41 of the Planning Act, entered into a Site Plan Agreement regarding development on the subject lands and additional lands described as Parcel 21-13, Plan 51-0ro-5, Part Lot 22, Concession 5, Part 1 on Plan 51R-19930, being all of PIN #58550-0131 (Lt) (hereinafter the "first Site Plan"). AND WHEREAS the Township has approved, pursuant to Section 41 of the Planning Act, Site Plans regarding development, as described in Schedule "A" attached, for a 1,021 m2 addition to the existing shop and a 334 m2 office extension. AND WHEREAS the Township intends for the within agreement to supersede the first Site Plan, only insofar as it relates to the lands described in Schedule "A", which formal approval and agreement shall otherwise remain in full force and effect. AND WHEREAS the Owner has applied to the Township of Oro-Medonte to permit a 1,021 m2 addition to the existing shop and a 334 m2 office extension 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: 3 7C-5 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. 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 $200.00. 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. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By-law to permit a 1,021 m2 addition to the existing shop and a 334 m2 office extension 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. COVENANTS BY THE OWNER AND TOWNSHIP The parties agree that the within agreement and the Site Plan approval of the Township, pursuant to Section 41 of the Planning Act given on May 6, 2002, shall supersede the Site Plan approval, pursuant to Section 41 of the Planning Act, provided by the Township on September 25, 2000 and the Site Plan Agreement dated October 11, 2000, insofar as it affects the subject land only. In all other respects, the former Site Plan approval continues to apply. 4 7o-/P 4. 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 "S". 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 Sy-Iaw No. 97-95, as amended, and the Ontario Suilding 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 "S", 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 "S". 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. f) Landscaping The Owner shall complete all landscaping and landscaped areas shown on the Site Plan, attached as Schedule "S", as soon as weather permits and all grading and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. 5. 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, in writing, by all Parties. 6. 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 "0" to this Agreement (the "said Work"), the following securities: 5 -, 0- 1 a) Cash in the amount of one hundred percent (100%) ofthe estimated cost of the said work, as approved by the Township Engineer and Township Council, or: b) An irrevocable Letter of Credit from a Chartered Bank, issued in accordance with the requirements of Schedule "En, with an automatic renewal clause in the amount of one hundred percent (100%) of the estimated costs of the said works, and as approved by the Township Engineer. The Letter of Credit shall be for a minimum guaranteed period of one (1) year or such time as the Township decides and shall be renewed automatically, as necessary, thirty (30) days prior to expiration. c) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Owner's Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Schedule "0" of this Agreement and will become the basis for the limits of the securities. d) Any Letter of Credit or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Letters of Credit and Security received by the Township may be used as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. - e) Upon written notification by the Owner's agent, certifying that all required works for which the Letter of Credit was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner's obligations under this Agreement have been completed, the Township will return said Letter of Credit. f) If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township shall give, by registered mail, twenty-one (21) day's notice, its intent to draw down on the security or deposit. 7. 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 325 of the Municipal Act, R.S.O. 1980, Chapter 302, as amended. 8. CO-OPERA TION 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. 6 7o-'f 9. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the Parties hereto and upon the lands described in Schedule "An, 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. 10. SEVERABILITY OF CLAUSES Should any Section, Subsection, Clause, Paragraph or Provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. 11. SAVE HARMLESS The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless the Township from and against any and all claims, suits, actions and demands whatsoever which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub-contractors. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED )fJ(J-J~ ) Owner: Paul Vandergeest ) Have the Authority to Bind the ) Corporation ) } } ) The Corporation of the } Township of Oro-Medonte ) } per: } ) ) ) J. Neil Craig, Mayor } } ) ) Marilyn Pennycook, Clerk ) 7 . .. . . . . . . . . . . . . . . ., . . '" . . . . . .. . .. . . . . . . . . . z. ..- :DC) ntZ ., . . . . . . . . . .. . .. . . ., . . ~"""""""""" . . . . . . . . . . . . . . . . . . " . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " . . . . . . . . {crq 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 Jess-Cor Holdings Inc. SITE PLAN Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. Prepared by Dearden and Stanton Ltd., Drawing #E-1113, revised May 6,2002. 9 l()- to 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 Jess-Cor Holdings Inc. 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 10 -, 0 -II 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 Jess-Cor Holdings Inc. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION 1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT Construction of berm and tree planting along southerly limit of Plan 51R-19930, Parts 1 and 2, Township of Oro-Medonte. $7,500.00 2. LETTERS OF CREDIT AMOUNT Letter of Credit to be provided by the Owner to ensure completion of all works required under the terms of this Agreement, as noted in Section 6 herein. $1,680.00 Letter of Credit to be retained by the Township to ensure completion of all works required, under terms of agreement between Jess-Cor Holdings Inc. and the Township of Oro-Medonte dated October 11, 2000. $5,820.00 $7,500.00 II The Township of Oro Medonte Oro Station, Ontario LOL 2EO ,- 70-:f~"- "', ...---'-...,." ", , ,.,. -',,, . /. '-', '-, J : { { \ . \ '\, " i' IH8ED MAY 13m ~~TE HSBC ~ May 09, 2002 Dear Sirs: , RE: STANDBY LETTER OF GUARANTEE NO. 172-02-002 f'-A' 1. We hereby issue in your favour our Standby Letter of Guarantee No. 172-02-002 in the amount of CAD $7,500.00 (CANADIAN DOLLARS SEVEN lliOUSAND FNE HUNDRED) for the account of our customer, Jess-Cor Holdings Inc (the "Customer") at Lot 22 Concession 5, Parts I and 2 on 51R19930 township of Oro Medonte. LJ U2. This Standby Letter of Guarantee is in replacement of Standby Letter of Guarantee No. 172-01- 003 which is hereby cancelled. = < ~ 03. This Standby Letter of Guarantee is available effective May 09, 2002 for drawing in part or in full unti its expiry against your presentation to us, at 33 Bayfield Street, Barrie, Ontario to the attention of the Branch Manager, of: UU !!\ [-- ~ ~ I 14. c::: a. A Letter of Demand signed by an authorized signing officer of the Township ofOro Memnte; and b. This original Standby Letter of Guarantee No. 172-02-002 for endorsement or payment thereon. It is understood that we are obligated under this Standby Letter of Guarantee to th: payment of monies only and not the performance of service or otherwise. -=;;;: - Partial drawings are permitted. .a" 5 . f~ ""-6. V CO V'\ -,-7. ...... We will honour drawings under this Standby Letter of Guarantee without enquiring whether he holder hereof has a right as between it and the customer to make such drawings. This Standby Letter of Guarantee expires on May 09, 2003 at our counters. It is a condition of this letter of credit that it shall be deemed to be automatica11yextended without amendment from year to year from the present or any future expiration date hereof, unless, at least 30 days prior to the present or any future expiration date, we notify you in writing by registered mai!, that we elect not to renewfor any additional period, Yours truly, HSBC Bank Canada ~~~~ Manager Customer Service HSBC Bank Canada 33 Bayfield Street, P.O, Box 368, Barrie, Ontario lAM 4T5 Tel: (705) 726-6403 Fax: (705) 728-4530 ~ '\ \ ',,-~ ". --....... "./ REPORT -, f / u- , DEPT. REPORT TO: COMMITTEE OF THE PREPARED BY: #PWS2002-05 WHOLE Jerry Ball SUBJECT & FILE #: DEPARTMENT: COUNCIL: Request by Horseshoe Valley Roads Property Owners Association C. OF W.: for "News and Events" Notice Boards DA TE: May 16, 2002 MOTION #: DATE: R. M. FILE #: A01-10963 At the Council Meeting held on Wednesday, April 3, 2002, correspondence dated March 22, 2002 was received by Council from Mr. Glen Taber of Events and Recreation for the Horseshoe Valley Property Owners Association, requesting permission to construct and erect "News and Events" Notice Boards at the following locations: . Highlands Drive and the 4th Line . Highlands Drive and the 3rd Line . Birch Grove Drive, across from the 9th hole . Alpine Way and the 4th Line . Pine Ridge Trail . Oro Hills Each of these locations are the sites for the community mailboxes and in discussions with Mr. Taber, he advised that these Notice Boards would not present a problem for road maintenance or obstruct the sight line at these intersections. As mentioned in the correspondence, these Boards would reduce notices being taped to mailboxes and also reduce the litter that occurs at these locations. The proposed size of the Notice Boards would be 48 inches x 30 inches and will be mounted on two 4 x 4 posts set in concrete approximately 42 inches above finish grade. A copy of the preliminary design proposal is attached. As all costs for materials, construction and maintenance of the Notice Boards will be the responsibility of the Horseshoe Valley Property Owners Association, it is recommended that the Association proceeds with this project, once a location for each Board is approved by the Public Works Department. j'" ^ r 7d-~ A Memorandum of Understanding has been prepared between the Township of Oro-Medonte and the Horseshoe Valley Property Owners Association and is attached for Council's perusal. 1. THAT Council receives and adopts this report. 2. THAT the Horseshoe Valley Property Owners Association be authorized to erect the Notice Boards once a location for each Board is approved by the Public Works Department. 3. THAT all costs be borne by the Horseshoe Valley Property Owners Association. 4. THAT the Township of Oro-Medonte and the Horseshoe Valley Property Owners Association execute the Memorandum of Understanding for future maintenance and removal of the Notice Boards. 5. THAT the Public Works Superintendent notifies the Horseshoe Valley Property Owners Association accordingly. Respectfully submitted, ~~ r : Jerry Ball ~ ~~O - \D~ ~\'\l rc(-3 HORSESHOE VALLEY PROPERTY OWNERS ASSOCIATION Box 51 , RR#l , Barrie, Ontario, L4M4Y8 March. 22, 2002 Ms. M. Pen nyc ook, Clerk, TWP. Of ORO-MEDONTE 148 line 7, South, Box 100, ORO, Ontario, LOL 2XO Dear Mrs. Pennycook; .. RE: PROPOSED "NEWS & EVENTS" NOTICE BOARDS I am writing on behalf of the Horseshoe Valley Property Owners' Association to request permission to erected, one "News & Events" notice board at each of the mailbox locations listed below and as illustrated in the attached documents indicated as "Preliminary": final design will be determined through consultation and confirmation of material costs. All labour has been offered free of charge. 1 . corner of Highlands Drive and the 4th Line 2. corner of Highlands Drive and the 3rd line 3. corner of Alpine Way and 4th Line 4. Birch Grove across from the 9th hole 5. Pine Ridge Trail These boards would be available to display notices by any resident in the immediate Horseshoe Valley area, subject to review by a person or persons chosen to monitor and maintain these, and would not be restricted solely for use by H.V.P.O.A. Members. As notices being taped to the fronts of the mail boxes are unsightly and possibly not even considered legal by Canada Post, we are of the opinion that the provision and maintenance of properly-designed structures would be a visual as well as a convenient asset to the community. Your review, consideration and subsequent approval of this proposal would be appreciated. I am available to meet with you at your convenience and may be reached at 835-3351 or FAX: 835-2567. Thank you. Yours truly, Bien R. Taber Events & Recreation CC. Mr. G. Ball ~ --- - ,. c~-~"" /. ~. - .;::--:::-1d-4 HORSESHOE VAllEY PROPERTY OWNERS ASSOff!lON Box 51, RR#l, Barrie, Ontario, L4M 4Y8 l~ ~.~ ril il ./ ,I April 9, 2002 ~ ,.,/ '"'... " ~",~."",,----- ..->',,.-' ---... Mrs. M. Pennycook, Clerk, TWP. OF ORO-MEDONTE 148 Line 7, South, Box 1 00, ORO, Ontario, LOL 2XO Dear Mrs. Pennycook; RE: PROPOSED "NEWS & EVENTS" NOTICE BOARDS Further to my March 22nd letter to you, I wish to advise, following a meeting of the H.V.RO.A. Board last night that it would be our intention to include a notice board at the entrance to the "Oro Hills" residential area in addition to the five locations noted previously; this was an omission made in error on my part. Would you kindly advise those involved in the staff review of our proposal accordingly; thank you. Looking forward to a favourable reply, I am, Yours truly, Glen R. Taber Events & Recreation 'A'pr" 2'~ 02 '09: 25a 1" to U) ('\I, . ' Lt) M.' CO .. . Il) o I' .. ~., LL . . 1:' o +:i C\'S. CP: a.. " (.)' CP ;.... \D' en ..... ,-- C ,. G) > CP ... CD .c a:I .... C CD - - tn' Ruth L. Taber 705 835-2567 p. 1 j ~ --; /I _ ir\ { (,/{ ........., DATE: April 23, 2002 TO: lWP. Of ORO-MEDONTE att: Mr. G. Ball FAX: 487-0133 PAGES: 3 (including cover page) RE: IINEWS & EVENTS" NOTICE BOARDS as requested: * for review: pis. reply: for info. only: MESSAGE: As requested this morning, herewith shee1s "1 of 2" and "2 of 2" showing a very preliminary proposal for the above. ':~~" .-. --, :". ~:.i .. _. I'm pleased to hear that the Township may nothave any problem with our providing and erecting these items, and look forward to hearing your specific comments you and staff may have ie; height or set-back requirements, materials, etc. If you have any questions regarding this proposal. please feel free to contact me. Thank you. ~ k~_< SIGNED: Yours truly, Glen Taber .- o -I - :0 bl N r--.. ~ (V) --- .f;; E ........... b ~ //i I Section (not to scale) 1 \\ X 811 2\\ X 3" framing le1tering 2\\ x 81/ plana hinge glazing in wood frame cork board 3/4" ext. grade plywood suitable latch & lock 2" x 3" framing 4" x 4" Qost set In concrete poured concrete crushed STone 4" (nom.) t norseshoe vanev properry owners assoc'lfon news and ~Y~O.v~ r--I- i~D 1"'''___ L_- --I ~__.J I 'I I I I ' ___.__ J L.__ E lavation (not to scale) t 1 . I I I I I I f I 1 I I ' I 1 I I I I J I I I 1 I f 1 I I I t I I I I I J I PREUIMINARY DESIGN PRcDROSAL HORSESHOE VALLEY PROPERTY OWNERS ASSOCIATION "News & Events" NOTICE BOARD 1 of 2 prepared by taber design & graphics feb. 8/02 :D . '." . , 'T\) ~w o I\) o CD .. I\) c.n !II iO C ct :r r . -I !II 0- lD , ..J 0 c.n CD w c.n I I\) c.n en ..J -.\ ~ I \)' ." . I\) , .. ~^'\. . ' ",i,,,~"'i,,, PROPOSED LOCATIONS: 1. Corner of Highlands Dr. And 4th Line 2. Corner of Highlands Dr. And 3rd Line 3. Corner of Alpine Way and 4th Line 4. Birch Grove across from the 9th hole (Valley) 5. Pine Ridge Troll ,,,~o Hr((~ Proposed notice board superimposed over photograph of existing mail boxes PRELIMINARY DESIGN PROPOSAL HORSESHOE VALLEY PROPERTY OWNERS ASSOCIATION ~ "News & Events" NOTICE BOARD ~ 2 of 2 ,. prepared by -J taber design & graphics march 20102 --; I .-, /0-6 MEMORANDUM OF UNDERSTANDING Made this day of ,2002. BETWEEN: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE - and - HORSESHOE VALLEY PROPERTY OWNERS ASSOCIATION WHEREAS both parties are desirous of forming a partnership to reduce the litter associated with advertising by promoting "News and Events" Notice Boards at the following locations in Horseshoe Valley: . Highlands Drive and the 4th line . Highlands Drive and the 3rd line . Birch Grove Drive, across from the 9th hole . Alpine Way and the 4th line . Pine Ridge Trail . Oro Hills THEREFORE, the parties here signed do agree to the following conditions: TERM OF MEMORANDUM OF UNDERSTANDING: 1. The Term of this Memorandum of Understanding shall remain in force until such time as it is deemed necessary to remove the Notice Boards by either the Township of Oro-Medonte or the Horseshoe Valley Property Owners Association, within 15 days of receipt of written notice by either party. CONDITIONS: 1. The Horseshoe Valley Property Owners Association agrees to borne all costs associated with this project. 2. The Horseshoe Valley Property Owners Association erects the Notice Boards once a location for each Board is approved by the Public Works Department. 3. The Horseshoe Valley Property Owners Association agrees to maintain the Notice Boards. 4. The Horseshoe Valley Property Owners Association agrees to remove the Notice Boards within 1 5 days of receipt of written notice by either party, with all costs to be borne by the Horseshoe Valley Property Owners Association. id-q IN WITNESS WHEREOF the parties have hereto executed this Memorandum of Understanding: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE J. Neil Craig, Mayor Date Marilyn Pennycook, Clerk Date HORSESHOE VALLEY PROPERTY OWNERS ASSOCIATION Glen Taber I Have the Authority to Bind the Corporation Date gQ-/ TOWNSHIP OF ORO-MEDONTE FROM THE TOWNSHIP PLANNER IREPORT TO COUNCIL I REPORT NO.: PD2002-24 COUNCIL PREP ARED BY: Andria Leigh C. OF W. DATE: May 16,2002 MOTION SUBJECT: Committee of Adjustment Decisions for May 16, 2002 DATE R.M. FILE # Cll1l680 I SUMMARY I Attached are the PI arming Reports and Committee of Adjustment Decisions for the Consent and Minor Variance applications that were heard at the Committee of Adjustment meeting held on May 16, 2002. The last date for receiving an appeal to the above noted decisions is Wednesday June 5, 2002. Consent AppJications Minor Variance Applications B-12j02 Royal Bank of Canada (Gullett) Con 1, Plan M-22, Lot 46, (Orillia) Maplewood Parkway A-7 j02 Dr. Rob Mason Plan 819, Lots 1&2, Con. 4 (Ora) 9 Brambel Road B-IOj02 Norman and Janet Langman Con. 13, Lot 13 (Ora) A-8j02 Derek & Cindy-Lou Greene Con. 9, Part of Lot 8 (Medonte) 4427 Line 9 N. B-llj02 Carl and Eric Cumming Con 5, Part of Lot 20 (Ora) Line 5 North B-13 j 02 Debra London Con. 3, Part of Lot 28 (Ora) 1256 Line 3 S. B-14 j 02 John Strimas and Jane Burgess Con. 8, North Part Lot 12 (Medonte) 4910 Line 8 N. 3q-~ Consent Applications B-15j02 Cameron Clarke Wardlaw Con. 3, Part of Lot 28 (Ora) 1901 Ridge Road West Respectfully submitted, ---1J~ Andria Leigh, Hans B.A.,AMCT, MCIP,RPP Senior Planner C.A.o. COMMENTS: DATE: d~ fi~nl.'v DEPT.HEAD l~ C.A.o. ,--. c)q-~ , -.......,.I TOWNSHIP OF ORO-MEDONTE REPORT TO COMMITTEE OF ADJUSTMENT REPORT NO.: COF A2002-07 PREPARED BY: Todd Weatherell DA TE: May 8, 2002 APPLICANT: Dr. Rob Mason APPLICATION NO.: A-7/02 ROLL NUMBER: 4346 010 008 09300 LEGAL DESCRIPTION: Plan 819, Lots 1 and 2, Con. 4 (Oro) 'PROPOSAL , The applicant is requesting relief from the maximum height requirement for a boathouse from 4.5 metres (J 4.7 feet) to 5.2 metres (J 7.06 feet). The applicant is also requesting relief from the minimum exterior side yard for the boathouse from 7.5 metres (24.6 feet) to 4 metres ( J 3. J 2 feet) IAGENCY COMMENTS I BuiJding Department: Location of septic system to be verified for setback to structure. Roads Department: No Concerns rm-Lf DOES THE VARIANCE CONFORM WITH THE GENERAL INTENT OF THE OFFICIAL PLAN? The subject property is designated Shoreline in the Township's Official Plan. The general intent of the policies is to preserve the character of the shoreline residential area and to protect the natural features of the shoreline. The proposed construction of the boathouse would not appear to impact on the character of the shoreline residential area. On this basis, the application would appear to conform with the general intent of the policies of the Official Plan. DOES THE VARIANCE CONFORM WITH THE GENERAL INTENT OF THE ZONING BY-LAW PROVISIONS? The subject property is zoned Residential Limited Service (RLS) in the Township's Zoning By-law 97-95, as amended which recognizes that Brambel Road is a private Road. The intent of the By-law is to establish setback requirements, which assist in preserving the natural shoreline and maintaining the residential character. The proposed boathouse would not appear to affect the surrounding neighbours; therefore the proposed variance would appear to maintain the intent of the Zoning By-law provisions. IS THE VARIANCE DESIRABLE FOR THE APPROPRIATE DEVELOPMENT OR USE OF THE LAND? Upon site inspection it is evident that the boathouse would not appear to affect any of the surrounding neighbours. There is currently vegetative buffering along the East property line, and with the lot sloping towards the Lake the height of the boathouse will be hidden from any of the surrounding neighbours, therefore the variance would be desirable on the lot for the boathouse. I lIS THE VARIANCE MINOR IN NATURE? The proposed variances for the boathouse are considered minor in nature on the basis that the variances would not appear to negatively affect any surrounding neighbours. 3q -:5 I RECOMMENDATION , It is recommended that Minor Variance Application A-7/02 be approved subject to the following conditions: ] . That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by J) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of surveylreal property report prepared by an Ontario Land Surveyor. 2. That the setbacks be in conformity with the dimensions as set out in the application, as submitted; 3. That the Township of Oro-Medonte Building Department approve of the application, in writing; 4. That the appropriate building permit be obtained from the Township's Chief Building Official only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. ] 990, c.P. ] 3; 5. That all municipal taxes be paid to the Township of Oro-Medonte. Submitted by, Todd Weatherell, Junior Planner TOWNSHIP PLANNER COMMENTS: Andria Leigh, Planner Date ""--) b ?)Cl- '--__ t Decision BE IT RESOLVED that: Moved by, Dave Edwards seconded by, Ken Robbins "That the Committee hereby GRANT Minor Variance Application A-7/02 subject to the fo11owing conditions: 1. That the building department verifies the height and building area approved by the . . mInor vanance. 2. That the setbacks be in conformity with the dimensions as set out in the application, as submitted; 3. That the Township of Oro-Medonte Building Department approve of the application, in writing; 4. That the appropriate building permit be obtained from the Township's Chief Building Official only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13; 5. That a11 municipal taxes be paid to the Township of Oro-Medonte ... ..Carried." ~ " T 2!f C ",VCESS..".V 4 ,. ..,.....c II., '1." ...... ....., .... s.' .... ~..~:. W...I .... ""> G, ... ,. ~ 1<) -, LOT " ~ " .; ~ .. " ~ .. ,.., .. ii G, 0; , v, 10 ,; ~ .. " " ~ .... .... ..... ..... .. "ae. I" 2'''' 110... ......1 ~ oi ., ., , ~ I/') , .. .. I<) >: . .. >: , >- .. ~ ~ > .. '? ~ " Q," :: .. I, ... " " I:) . I~ h. '" .J . '" >. I, . C) .. J I:) I.: :.... ..J ~ .J '. .. ~ :: . " Il) ... 'N II !) :=: "t ; 'II: ~~ : . . . If) :=: 1::1 -- If) If) lu !) . >- _u 1::1 -. I) -. - . !: . . :=: lu >- . lu 0 ~ 1::1 ~;o ;0 I- If) lu If) . ro IoJ '-:> >- 1::1 ,) IoJ () :=: "'\ ~ 1::1 -J -J "'\ 'rC;-=, cc:.-. ~... tr) "'-I " ,. " ~ .. :;>:...4N ILL..5. ~AiE:; \..."'..,...fI'5 LAKE S:"W~OE 1Z (t iS7.vh/l5)~ 5~ ) (/ C) "'\ 1::1 CI;. ~1-7 SURVEYOR'S RE-.L PROPERTY REPORT PART I- PL-.N Of AU, or LOTS '.2 AND 35 REGISTERED PLAN 819 TO'ftN$MIP OF 0,.,0. nu. 'n ttlt TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE SCALE I'~OO ~ -- RAIKES SURVEYING LTD. IUT CI ".'.(1 SIIJtvt'UIIC \.TO. II" ........ I SI/RVE'YOR'S CERTIFtCA TE' ttllllt.r, TM"f", 'M" hIlW("! ..0 ..\.... 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NOTE nus "("011' ...S ",U;""I'I(O rOil COOl" ""0 .1.11'1 1t0"ITT ""b 'r"1 UNO!II"'''IO "Ct.t'TS NO JlIS"OJlSlIll''fT rOil ust ''1' 01'"111; """'tItS. ~ '"'''1 ..."'1 110 III;:I1S1(IIICO '.UIII(IITS 011 TII( ...."C(L.> D"[LL'''~.T'WO..tuoonUlwlTMlI,,"[~._tso' ,.., ...."I:I:1....'"t OVt:"''''t..c I'ITOIIO LM ..ftt ,.11"''''[ :noa-.ot "l.~-'1.,.1t PJI,"'''u.u..'' OfItI.,.O' ,~ "WE c:_ot JfIACJI !..ltS OOoILC1n.''''~.''''''f:f4 S~un"""""L"OIU:Ir'f COIl,"\.'''_U: "\Till IIIUlllt"""L tOltlltG '''~I..''S Jl01 tl.,,,I[O .,. 'tillS "1,"OIlT. METRIC DI11..tlt $110_" 011 't1ll1$ "..". .."t .. IIIt1"'S "1110 c... .t t01tVU1U 10 'U' n olY'Ollle n 0.:)0_'. ASSOt,,t.1W'tlO'OMlAIUO WO SUl'lVtTDRS 1JUJIf-WJMIt....,... 1\ 53956 -&- TIIC......II tICI'I...... IIII&\.ln11 UPI"'ssn ...... "'" ~D'::'::'~ ..."'......ml.~ItI1' RAIKES SURVEYING l TO. 25 BERCZY STREET 'OX 1150 BARRIE, ONTARIO T05-T28-UU A, A, PROJECT NO. 5748 II !of 44' 55' t ~ \1\ Ef7 \ .. Ig ':;;: ~ .. .. 's ~ ... ~ "" 1I!>7,,.'j,O"t 30.46 , , \ , \ \ \ . \ , \ . \ . , 'II" \ \ , \ , . \ lit, \$ , . "$)~ \ \ \ \ , , \ \ . , \ \ , \ , , \ , , \ \ . . \ \ . \ , \ , . 0\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \\ 5.,\ '"'\ \ \ \ \ \ \ \ \ \ \ \ r::-- ~ '"' .. 'S :0: . "s ... ~ '"' \.A\ZE S\,,^COE ~q-cr TOWNSHIP OF ORO-MEDONTE REPORT TO COMMITTEE OF ADJUSTMENT REPORT NO.: COF A2002-08 PREPARED BY: Todd Weatherell DATE: May 8, 2002 APPLICANT: Derek and Cindy-Lou Greene APPLICATION NO.: A-8/02 ROLL NUMBER: 4346 020 003 10601 LEGAL DESCRIPTION: Con. 8., Part of Lot 8, (Medonte) I PROPOSAL , The applicant is requesting relieffrom the minimum rear yard setbackfrom 8 metres (26.2 feet) to 73 metres (24 feet) to allow for a dwelling that was constructed in 2001 and relief from the minimum rear yard setback to 4.84 metres (15.9 feet) to permit the construction of a 8.9 square metre (96 squarefoot) deck. IAGENCY COMMENTS I BuiJding Department: No Concerns Roads Department: No Concerns ?Sq -IU DOES THE VARIANCE CONFORM WITH THE GENERAL INTENT OF THE OFFICIAL PLAN? The subject property is designated AgricuJtural in the Township's Official Plan. The general intent of the policies is to preserve the agricultural lands of the Township and to maintain the open countryside. The proposed deck addition to an existing building would generally conform to the intent of the Official Plan policies, given the location of the property to agricultural lands. On this basis, the application would appear to conform with the general intent of the policies of the Official Plan. DOES THE VARIANCE CONFORM WITH THE GENERAL INTENT OF THE ZONING BY-LAW PROVISIONS? The subject property is zoned AgricuJtural/Rural (NRU) in the Township's Zoning By- law 97-95, as amended. The intent of the By-law is to establish setback requirements, which assist in maintaining the character of the rural area. The proposed variance would permit an existing dwelling and a proposed deck to be located closer to the rear property line then the requirement, therefore the proposed variance would appear to maintain the intent of the Zoning By-law provisions. IS THE VARIANCE DESIRABLE FOR THE APPROPRIATE DEVELOPMENT OR USE OF THE LAND? Upon site inspection it is evident that the house and proposed deck would not appear to affect any of the surrounding neighbours. There is currently vegetative buffering along the North property line, and farm fields surround the remaining property; based on the above, the variance would be desirable on the lot for the existing house and deck I lIS THE VARIANCE MINOR IN NATURE? The proposed variances for the house and deck are considered minor in nature on the basis that the variance would not appear to negatively affect any surrounding neighbours. 8q -11 , I RECOMMENDATION It is recommended that Minor Variance AppJication A-8/02 be approved subject to the fol1owing conditions: ]. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report prepared by an Ontario Land Surveyor. 2. That the setbacks be in conformity with the dimensions as set out in the application, as submitted; 3. That the Township of Oro-Medonte Building Department approve of the appJication, in writing; 4. That the appropriate bui1ding permit be obtained from the Township's Chief Building Official only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. ] 990, c.P. 13; 5. That aU municipal taxes be paid to the Township of Oro-Medonte. Submitted by, Todd WeathereH, Junior Planner TOWNSHIP PLANNER COMMENTS: Andria Leigh, Planner Date ~q -l~ Decision BE IT RESOLVED that: Moved by, Ken Robbins seconded by, Albert Pross "That the Committee hereby GRANT Minor Variance Application A-8/02 subject to the following conditions: 1. That the building department verifies the height and building area approved by the minor variance. 2. That the setbacks be in conformity with the dimensions as set out in the application, as submitted; 3. That the Township of Oro-Medonte Building Department approve of the application, in writing; 4. That the appropriate building permit be obtained from the Township's Chief Building Official only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13; 5. That all municipal taxes be paid to the Township of Oro-Medonte .,. ..Carried." 11' ,Il ~Y-O'-9' 0""" '...-MICH"L REED ~'" '-SURVEYOR'S REAL , PART i PLAN OF PART OF LOT 8 CONCESSION 10 TOWNSHIP OF ORO { GEOGRAPHIC TOWNSHIP OF MEDONTE '705 '725 '7910 PROPERTY T-568 P.003/003 RtpORT get -l~ MEDONTE COUNTY SCALE 2001 OF I SIMCOE II = 30 Ir-'I o 6 10 . 40 50 I 100FT , 30 . 20 @ R.G.McKIBBON LIMITED PART 2 MUST BE READ IN WITH SURVEY REPORT 18. 2001 THIS PLAN CONJUNCTION DATED JULY NOTES Beoriri9$ shown nereon ore os Ircnomic and ore referred 10 Ihe norlherly limil of parI I as shown on deposited plan 51R-6288 hoving c bearing 01 N 580:55'20" E $(..lrvlIY MOl7UI77enls Found S<.1rvey Monumenls Plan/eel =b= sho wn thus :sho...." lhus 5.S.I.B. S.I.B. I.a. 1.1"'. O/V pi 738 DHG CJ8S - denotes Short S/cndard Iron Bars - denotes Slondard Iron Bars - denotes Iron Bars - denotes Iron Pipes - dllnoll!"s Origin U7known - denol6$ deposited plan 5IR-G2BB - denotes R.C. KI/kpcldck O.L-S. - denotes D.H. Golbroilh O.L.$. - denotes Dearden -8 Slanlon O.L.5- SURVEYOR'S CERTIFICATE I CERTIFY TfTA T I) This survey and pion or€' ccrrecl and in accordance wilh Ihe Surveys Acl. the '-and Tilles Acl and the Surveyor$ Act cnd II1e regula/ions mode under Ihem. JUL r /B. 2001 Dole 2) The survey WOS' c:omp/eJed on Ihti! R.. G. McKIBBON LIMITED ONTARIO LAND SURVEYORS 176 BULLOCK DRIVE . UNIT 10 MARKHAM. ONTARIO L3P IW2 PHONE (905) 294-3754 FAx (905) 294-9400 EMAIL- rgmol~ympoj;co.C() F-822 I i- 0:::: o Z w Z. -3 I I .5, R. 1 I I "" ~ <:> :; I ~ 0 I " z ~ <( ...... I C5'> B I If) c5 I z ~ I <:> V5 I If) UJ ! V Z N I <:> 8 u ~ I z . I.J.J "" <::::. w ~ .:>- ~ co ~ l- an ~ W z CI:i 0: ~ w u Z <( \ ~ <:> -J ....I <( 0 <( <:> 0:: i <>:) ;;. ~ ~ I:'..: Q:) :c l- (j) I HIS REPORT WAS PREPARI MR. AND MRS. GREENE AND THE UNDERSIGNED ACe RESPONSIBILITY FOR USE E PARTIES W-03-Q,2 02:38PM F~OM-MI~"^~L ~~~~ L^" rl~M . -- - - -- oq ~ 14- CONVERSION NOTE 0151 ANCe::S SHOWN ON THIS PLAN ARe:: IN FEET AND CAN BE CONVERTED TO METERS B'Y MUL TIPL YING BY 0.'3048 ART OF LOT 8, CONCESSION 10 PART I. P1..AN 5IR-5:383 PIN 58522 - 0049 653.40' pi 8 _ I- t.",.,., 1.5'_ SIB ~) N 58.36'20" E." r--- pId I Roll...",... ~ 180.00' (pi a ,..,1.1 p_1 a _., m.. tDSSJ 0_ /0' .--1h 0.10' e=f PART OF LOT 8 ~ 1<; ~ ~ '8 1 <:::S ~ ~ ~ PART I. PLAN SIR-6288 .,~ """... PIN S8522 - 0048 (L T) PIN 585" - 0047 (L T) 106.01' .. ,{ ~ '1 '" <::> I .:'>' \ ~ 106./2' ... 23.90' ~ :ONCESS i ON 10 <. ~ to 1 " ~ '1 '" "'" fonce N 58.36 "20" E /eO.OO' 1lJ'" tDaSJ 24.07' PIN S8522 - 0047 (L T) PART OF LOT 8, CONCESSION 10 'flsf Angle Con /0. '-- ...- J;X>SI _ ...;'" ,tJ/K>$ LinlE BelwlEerI Lois 7 and B. Concession 10 ASSOOAllON OF ONTARIO LAND SURVEYORS PLAN SVBMISSlON FORM LOT 7. CONCESS I ON 10 1360040 -4- "THIS PLAN IS NOT VALID UNLESS IT IS AN EMBOSSED ORIGINAL COpy ISSUED BY THE SURVEYOR In occoroonce with Regulation 1026, Section 29(3) FILE NO G-OI-IS D q'-15 TOWNSHIP OF ORO-MEDONTE I REPORT TO COMMITTEE OF ADJUSTMENT , REPORT NO.: COFA2002-B12 PREPARED BY: Todd WeathereH DATE: May 7, 2002 APPLICANT: Royal Bank of Canada (Betty Gullett) APPLICA TION NO.: B-12102 ROLL NUMBER: 4346 030 012 13815 LEGAL DESCRIPTION: Concession 1, Lot 46, Plan M-22 (OriIlia) I PROPOSAL I The applicant is proposing a lot addition to an adjacent parcel of land. The land to be conveyed has a lot frontage of 0 metres (0 feet), a lot depth of 60.96 metres (200 feet), and a lot area of 0.20 hectares (0.49 acres). The land will be added to a lot that has a lot frontage of 39 metres (128feet), a lot depth of 61 metres (200 feet) and a lot area of 0.58 hectares (1.43 acres). I AGENCY COMMENTS , Building Department: No Concerns Roads Department: I OFFICIAL PLAN I The subject property is designated Shoreline (Section DlO) in the Township's Official Plan. The intent of the Official Plan policies is to protect the natural features of the shoreline area and to maintain the existing character of the residential area. As no new lots will be created and the application is on the opposite side of Lake Simcoe, this application would be deemed to generally conform to the policies of the Official Plan. ?SQ'-lh I ZONING BY-LAW I The subject property is zoned Shoreline Residential (SR) in Zoning By-law 97-95, as amended. The proposed lot addition would encompass a metal shed and the rear portion of the dwelling that was built on Lot 46 instead of Lot 47 and ensure all buildings from Lot 47 are wholly contained with their property boundaries. On this basis the application would be deemed to comply with the provisions of the Township's Zoning By-law 'RECOMMENDA nON I It is recommended that Consent Application B-12/02 be granted subject to the following conditions: 1. That the Township of Oro-Medonte Building Department approves of the application, in writing. 2. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary or appropriate registerable description. 3. That three copies of deeds be submitted to the Committee Secretary to be stamped using Form 3 as prescribed in the Planning Act. 4. That all Municipal taxes be paid to the Municipality. 5. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of giving of this notice. Submitted by, Todd Weatherell, Junior Planner TOWNSHIP PLANNER COMMENTS: Andria Leigh, Planner Date ~-/7 Decision BE IT RESOLVED that: Moved by, Albert Pross seconded by Joe Charles "That the Committee hereby GRANT Application B-] 2/02 subject to the following conditions: ]. That the Township of Oro-Medonte Building Department approves of the application, in writing. 2. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary or appropriate registerable description. 3. That three copies of deeds be submitted to the Committee Secretary to be stamped using Form 2 as prescribed in the Planning Act. 4. That all Municipal taxes be paid to the Municipality. 5. That the conditions of consent imposed by the Committee be fulfj]Jed wjthin one year from the date of giving of this notice. .....Carried" I REQUIRE lHIS PLAN 10 BE PLAN ::>'" - DE-POSllED UNDER lHE RECE-\'.JED AND DE-POSIIE.D .. LAND TITLES ACT. DA IE- ,,?E.C.E.~,8P~. .\,3,! ,I.~~.?, ,.'" ,..." DAlE ......"...E,!I.~..~I.I.!1.f..,.. ""'''~''~'''." ~~~...... ~ ,.".".........,,,.... Laocl Registrar lor t\1e J,C. STANTON l.ANO TITl.ES OIVISION 01'11 ARlO LAND SUfWE.'fOR of SirflCoe '5" CANADA LAND SIJRVE'lOR CAUTION ,H'S PLAN'S NO' A PLAN OF SUBO'V'S'ON ,,"H'N ,HE MEANING Of ,HE PLANN'NG AC' SCHEDUL.E Of PARTS pART l.OCP>TION REGISTRP> T ION P>REP> I parcel 46 - I 0.408 aC. Lol 46, pion 1,\,22 2 SECTION ",-22 0.052 ac. \ t= I~ ...1 <:) .." \ ~ i',J.; .J ..... .( {)I I w I' \ ~ I ..:' (' yo ..... \' f... ~ .... ... 'U>'\I>~~ '", <1).....0' ":;' <1', ... Ii> ... "'-' <1' t-' II' . O'~,~\~ ~o:.- pART /. I)'" 't.~ !\ -r'~'~ ~.. I \_jJ-.i\Vt.1-. i...J . '.,,'," ",;.;~, .",.J~;67~;>~: 40" Vi ,::\, \,~ ~l <: <;( -.I ~ ~ 46 ~ ~ , '4- (5 ." \ ~ 5$\B 201.3:)' -- ",<: \~~ - 0\ ;010 \ '~ \;}IO <r't .~\ PAR" z. () lOOO N14'l7' 30"W '0 ~\ ... ~o. _ 0 - 0 o - ~ " ... t'I . .0 Z t~___~-_---C::~~ . ,,,_d'o'. ,00.0" ." "... \~ \ ~' /./)"_ 48 \ ,I - ~ I I ''J , \---- ~[0'40' ----- ..,~:" w i.,H.' b'O . : Q ~ ?J!;;'~CSL ... ; .,.' Lt 7' .. \ '-... , " \ '.' \.'..1 !.{J "1" , ,~' t '..! .) i_ !" r >- 4. ~ ~ ex. 4. Q.. ... o ~ \I> 10 o o o ~ W J Q.. 4. ~ \ \ \ \ \ \ \ Of SURVE.'< 46, PL AN N\ - 2:2 TOWNSHIP Of ORILL!A lSOlJTtlERN 011/15101'11 NOW IN TtlE TOWNSr\IP OF ORO-MEOONTE COUNT)' OF S\MCOE SCALE: I",. 40' J.C. STANTON O.L..S" c.L.S, 1995 PLAN of L.OT NOTE' "."." .., ","0'0." ",,,,",0 '" .,,, u." ..,c,wooo ,,,,,.., .",., . "."" oF ",.,,"0" '" ,.0.' 0' ,c" ..". _-..---- ~_ .~~<"" .. <'........".. ,,,,,, '"~ ~ 2q-lq TOWNSHIP OF ORO-MEDONTE REPORT TO COMMITTEE OF ADJUSTMENT REPORT NO.: COFA2002-B10 PREPARED BY: Todd Weatherell DATE: May 7,2002 APPLICANT: Norman and Janet Langman APPLICATION NO.: B-10102 ROLL NUMBER: 4346 010 005 10800 LEGAL DESCRIPTION: Concession 13, Lot 13, (Oro) I PROPOSAL , The applicant is proposing a technical severance to convey parcels, which had merged on title. The land to be conveyed has a lot area of 36.99 hectares (91.4 acres). The land to be retained has a lot area of 37.4 hectares (92.5 acres). IAGENCY COMMENTS t Building Department: No Concerns Roads Department: ;?5q -dO I OFFICIAL PLAN , The subject property is designated Mineral Aggregate, Agricultural, and Environmental Protection in the Township's Official Plan. The proposed consent would permit the creation of a lot where two lots had merged on title and is subject to the Policies of Section D2.3.10. The creation of a new lots to correct a situation where two or more lots have merged on title may be permitted, provided the Committee of Adjustment is satisfied that the new lot: a) was once separate conveyable lot in accordance with the Planning Act; b) is of the same shape and size as the lot which once existed as a separate conveyable lot; c) can be adequately serviced by on-site sewage and water systems; d) fronts on a public road that is maintained year-round by a public authority; and e) an entrance permit is available for the new driveway accessing the severed lot from the appropriate authority, if required. f) the severed and retained parcels will continue to be viable for agricultural use after the severance has been granted. To assist the Committee of Adjustment in determining the viability of the severed and retained parcels, an agricultural viability report shall be prepared by a qualified agrologist. The report sha]] review: - the quality of the soils; - the nature of the existing farm operation, if one exists; - the potential uses of the severed and retained parcels. (Official Plan Amendment #4) Deeds were provided by the applicant, which show that the East and West Half of Lot 13 were once separately owned and conveyable. The proposed application is deemed to generaJJy conform to the policies of the Official Plan once Committee is satisfied with questions listed above IZONING BY-LAW I The subject property is zoned Agricultural/Rural (AlRU) , Mineral Aggregate Resources Two (MAR2) and Environmental Protection (EP) in Zoning By-law 97-95, as amended. The proposed lot addition would not affect either the severed or retained lands with respect to compliance with the Zoning By-law provisions. On this basis the application would be deemed to comply with the provisions of the Township's Zoning By-law. 2f4-dJ I 'RECOMMENDATION It is recommended that Consent Application B-1 0/02 be granted subject to the following conditions: 1. That the Township of Oro-Medonte Building Department approves of the application, in writing. 2. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary or appropriate registerable description. 3. That three copies of deeds be submitted to the Committee Secretary to be stamped using Form 1 as prescribed in the Planning Act. 4. That aJJ Municipal taxes be paid to the Municipality. 5. That the conditions of consent imposed by the Committee be fulfi]led within one year from the date of giving of this notice. Submitted by, Todd Weatherell, Junior Planner TOWNSHIP PLANNER COMMENTS: Andria Leigh, Planner Date ~q-,~ Decision BE IT RESOLVED that: Moved by, Albert Pross seconded by Ken Robbins "That the Committee hereby GRANT Application B-] 0/02 subject to the fol1owing conditions: ]. That the Township of Oro-Medonte Building Department approves of the application, in writing. . 2. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary or appropriate registerable description. 3. That three copies of deeds be submitted to the Committee Secretary to be stamped using Form 2 as prescribed in the Planning Act. 4. That al1 Municipal taxes be paid to the Municipality. 5. That the conditions of consent imposed by the Committee be fulfil1ed within one year from the date of giving of this notice. .. ...Carried" ~ en ~.. 8 ... 0 10 o 5-11300 05-08100 o 0 o 0 U1 U1 I I .... ... ... ... 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" " ~.; ~ .... ~q -().~ TOWNSHIP OF ORO-MEDONTE I REPORT TO COMMITTEE OF ADJUSTMENT I REPORT NO.: COFA2002-B13 PREPARED BY: Todd Weatherell DATE: May 7, 2002 . APPLICANT: Debra London APPLICATION NO.: B-13/02 ROLL NUMBER: 4346 010 007 35000 LEGAL DESCRIPTION: Concession 3, Part of Lot 28, (Oro) I PROPOSAL , The purpose of application B-13/02 is to permit the creation of a new residential Jot. The new Jot is proposed to have a Jot frontage of 30.48 metres (JOO feet), a Jot depth of 60.96 metres (200 feet) and a Jot area of 0.19 hectares (0.46 acres). The land proposed to be retained would a Jot frontage of 30.48 metres (100 feet), and a Jot area of approximately 1.01 hectares (2.5 acres). 'AGENCY COMMENTS , Bui]ding Department: No Concerns Roads Department: No Concerns I OFFICIAL PLAN , The subject property is designated Shoreline (Section D 1 0) in the Township's Official Plan. The intent of the Official Plan policies is to protect the natura] features of the shoreline area and to maintain the existing character of the residential area. This application is subject to the policies of Section DJO.3.7 New residential Lots by Consent. A plan of subdivision is not required in accordance with Section DI0.3.5. In accordance with the policies both the proposed Jot and retained Jot front onto an existing public road maintained by the Township, and would not appear to cause a traffic hazard, and appear capable of being serviced with an appropriate water supply and means of sewage disposal. On this basis, the application would be deemed generally conform with the policies of the Official Plan. gq -;)5 'ZONING BY-LAW I The subject property is zoned Shoreline Residential (SR) in Zoning By-law 97-95, as amended. The proposed lot and retained lot would appear to meet the zoning requirements of this Zoning. On this basis the application would be deemed to comply with the provisions ofthe Township's Zoning By-law I RECOMMENDATION I It is recommended that Consent Application B-J3/02 be granted subject to the following conditions: l, That the Township of Oro-Medonte Building Department approves of the application, in writing. 2. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary or appropriate registerable description. 3. That three copies of deeds be submitted to the Committee Secretary to be stamped using Form 2 as prescribed in the Planning Act. 4. That all Municipal taxes be paid to the Municipality. 5. That the conditions of consent imposed by the Committee be fulfi]]ed within one year from the date of giving of this notice. Submitted by, Todd Weatherell, Junior Planner TOWNSHIP PLANNER COMMENTS: Andria Leigh, Planner Date g q -d-~ Decision BE IT RESOLVED that: Moved by, Dave Edwards seconded by Joe Charles "That the Committee hereby GRANT Application B-13/02 subject to the following conditions: 1. That the Township of Oro-Medonte Building Department approves of the application, in writing. . 2. That three copies of a Reference Plan which indicates the existing right-of- way to Mr. Rotstein's property, of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary or appropriate registerable description. 3. That three copies of deeds that acknowledge the existing Right-of-Way being Part 1, Reference Plan 51 R-9419 be submitted to the Committee Secretary to be stamped using Form 2 as prescribed in the Planning Act. 4. That all Municipal taxes be paid to the Municipality. 5. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of giving of this notice. .. ...Carried" ~ ~ 2 2.980 ae. ~ --0 3.110 ac ! \ \ \ \ , 1 ~' I I j ;..'~~ " yil:'J'c' ".of.) ,//' 'lV ~>'!? o~ / (o,co , ~ Q<J \ \ 1"\ ~1~ ~o ~ ~, '" ,.,p \ ,. <,.>-~ .I' "1 " ~.... (\ \./ '% .- /, ~ ~ q" s> \/ .' i; i 38':1: N 30.41' 30.W 8.44' N!502<OCJ"E f-(r-/\/!r-'_r '__, ,.... "/-t-", 1-.- , ""- . "'"--'\.J._ BA''(' c' /\,J IAkr- - ,\.t:;. <:::' i ti .'7:..- ._:;:::: ,,-0 I . \ ! '_ __ ""-. '-'I t r-\( , I - BROKEt\J LO. COt\JC ES 5,1 TOWNSHIP OF ( COUNTY OF S Scale I inch :: I( 1973 SURVEYOR's CERnFICATE HEREBY'CERT'F" ft.;;,; I THIS SURVEY {.',D IJL~,(" ",1\1' ':;ORP.ECT tlN[ ACT ;..NC TYE REGISi=" .:..::' .)c'~~ ~'HE PEG',".;)'I 2 THE 3UR,S'" \~'{j,~ ;:o;,F,E;I::[, GN O:::C'EM8ER ~~/:'~ BEARINGS HERE(lI~ tJ.F-f' ,~,:;:'P':>I.:,,,,IC AND Afi ON POLARIS AND N'IE REFERREG TO THE CENTR. ONTARIO CO'ORDINI.\TE SY:-TEM (79030' W - U U, M. E, _ DENOTES UNWIN, MURP~IY 8 ESTEN, ( -O-IT 00"_ ., DENOTES IRON TU6E -fi}-SIB STANDAP,[I IRON BAR _._ 18 IRON BAD 5/6" SO ): 2 FEET LONG CAUTION: This c;;.urvey i~ subd ivision VI ithin the me 29, 32 and 33 of the ~ R'OGER R. \1\1 ONTARIO L/J.rvD S BOX 23 I : B P. R R IE: DOle NOVEMBER 21.1973 _= \ For D! Ref 22- 3-0- 578 \ Sur..' gcc-d-8 TOWNSHIP OF ORO-MEDONTE I REPORT TO COMMITfEE OF ADJUSTMENT I REPORT NO.: COFA2002-Bll PREPARED BY: Todd Weatherell DATE: May 7,2002 APPLICANT: Carl and Eric Cumming . APPLICATION NO.: B-ll/02 ROLL NUMBER: 4346 010 002 33100 LEGAL DESCRIPTION: Concession 5, Part of Lot 20, (Oro) I PROPOSAL , The applicant is proposing a boundary adjustment (lot addition). The land to be conveyed has a lot area of approximately ]4.2 hectares (35 acres). The land to be retained has a lot area of approximately 28.3 hectares (70 acres). 'AGENCY COMMENTS I Building Department: No Concerns Roads Department: J OFFICIAL PLAN I The subject property is designated Agricultural in the Township's Official Plan. The general intent of the policies is to preserve the agricultural lands of the Township and to maintain the open countryside. As the application is for a boundary adjustment no new lot is being created, this application would be deemed to generally conform to the policies of the Official Plan. ~C{-()9 I ZONING B,Y-LAW , The subject property is zoned AgriculturallRural (AJRU), and Environmental Protection (EP) in Zoning By-law 97-95, as amended. The proposed lot addition would not affect either the severed or retained lands with respect to compliance with the Zoning By-law provisions. On this basis the application would be deemed to comply with the provisions of the Township's Zoning By-law. I RECOMMENDA nON I It is recommended that Consent Application B-] ]/02 be granted subject to the following conditions: 1. That the Township of Oro-Medonte Building Department approves of the application, in writing. 2. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary or appropriate registerable description. 3. That three copies of deeds be submitted to the Committee Secretary to be stamped using Form 3 as prescribed in the Planning Act. 4. That a]J Municipal taxes be paid to the Municipality. 5. That the conditions of consent imposed by the Committee be fulfj]]ed within one year from the date of giving of this notice. Submitted by, Todd Weatherell, Junior Planner TOWNSHIP PLANNER COMMENTS: Andria Leigh, Planner Date '3 ct - '?:J) Decision BE IT RESOLVED that: Moved by, Ken Robbins seconded by Joe Charles "That the Committee hereby GRANT Application B-11/02 subject to the following conditions: 1. That the Township of Oro-Medonte Building Department approves of the application, in writing. . 2. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary or appropriate registerable description. 3. That three copies of deeds be submitted to the Committee Secretary to be stamped using Form 2 as prescribed in the Planning Act. 4. That all Municipal taxes be paid to the Municipality. 5. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of giving of this notice. ... ..Carried" :'\ , .... , , .... " ~~ ~ , , , . , . c}{.iii9(ll \"-""Y-~-'Qj'-~1 ' hi' : c&\~~~ I ' (~i'~i'~ q~rU \.. , -j,. ,'.' ;. .;... r-\'~ .~1\-. -!.k-. c .-.l,.-- ~_..,.;"."_c,,. ,__,..,: ! ' .. .... " , 1 ! I I L I ! i -[- I- , ! .~L,. 'w. \ : . - . 'V>:" ~:.~" , \4..; ~ ~; _.:..~.._- :..~J , , .~-~ '.-"-'- '~r ~: i i ._-t-...: , <J! : ...J, ! -...- ,I,'Qj" .~ ,.--""_. . ~ . N, .~;' ,i_~+. 'n... ~ ~ , L.~__. ;~ i ,,~; ;~! ...'-0.--.<...-..-.. ..--.-- ; , _.. . --- '--..-., ,. --~. . . . . ,;c~c .. . ' ._.~Cftu-r' , ~..--. .....-...-..- ! .-- -'~-- ...-... ~:-7' 'j1 :~Nri"~r ~.. .~-Ln. ...... .. "~"-'" ~ ';~~ ;... ..m~lj., 'uj .:<1' C 00 ;.....: /:..>. T.."....;. , -- ~.. . ~ - ~; ~ :._~-_. .-..-.-. '<..., ,,: ,,',' r; lJi: -i.l.r ~ C!.J -" ..j' ,,~, : "fJ 'i1'i ,.' .. -. -.. ... _[t~j~E~! ....-.-. 2? q -33 TOWNSHIP OF ORO-MEDONTE REPORT TO COMMITTEE OF ADJUSTMENT REPORT NO.: COF A2002-B14 PREPARED BY: Todd Weatherell DATE: May 7, 2002 APPLICANT: John Strimas and Jane Burgess APPLICATION NO.: B-14/02 ROLL NUMBER: 4346 020 005 08800 LEGAL DESCRIPTION: Concession 8, North Part of Lot 12, (Medonte) I I PROPOSAL The purpose of application B-14/02 is to permit the creation of a new residential lot. The new lot is proposed to have a lot frontage of 64.8 metres (212.60 feet), a lot depth of 50.56 metres (165.87 feet) and a lot area of 0.328 hectares (0.8096 acres). The land proposed to be retained would a lot frontage of 135 metres (443 feet), a lot depth of 144 metres (472.49 feet) and a lot area of 1.46 hectares (3.6 acres). , IAGENCY COMMENTS . Building Department: Structure converted to single family dweJIing without building department approval. Permit #124/00, proposed and issued for garage. Engineer/ Architect review required to assess all construction work not inspected. Verification of Hydro inspection required. Change of use permit required. Order to comply #35 issued August 21/01 to obtain a building permit under Section 8(1) of Ontario Building Code Act, has not been complied with. Roads Department: No Concerns gq '3~ , 'OFFICIAL PLAN The subject property is designated Rural and Environmental Protection Two OverJay in the Township's Official Plan. The general intent of the Rural poJicies is to preserve and promote the rural character of the Township and the maintenance of the open countryside. As the proposed application is to separate two dwe]]jngs (section D3.3.1), the proposed application is deemed to not to conform with the poJicies of the Official Plan as the second dwelling on the property was created after December] 6, ] 998 which was when Official Plan Amendment #3 (Creation of new lot for properties which have two legal single detached dwellings) was adopted. Therefore the severance of a residential lot with the second dwe]]ing wiJ] not conform to the poJicies of the Official Plan. .... , 'ZONING BY-LAW The subject property is zoned Environmental Protection (EP) in Zoning By-law 97-95, as amended. The permitted uses permitted within the Environmental Protection Zone are public parks, conservation uses and agricultural uses. Minor Variance application A-8/00 approved an accessory building to be permitted 9.5 metres (31 feet) away from the front yard setback, but it did not permit the construction of a single family dwe]]jng; therefore the application does not conform to the Township's Zoning By-law. , I RECOMMENDATION It is recommended that Consent Application B-] 4/02 be DENIED, as the application does not meet the requirements for the Townships Official Plan and Zoning By-law. Submitted by, Todd Weatherell, Junior Planner TOWNSHIP PLANNER COMMENTS: ..... Andria Leigh, Planner Date Decision BE IT RESOLVED that: Moved by, Joe Charles seconded by Albert Pross "That the Committee hereby DEFER App1ication B-14/02 to a110w a site inspection to be completed of the property. .....Carried" " f 2?Cf~35 U) z o ..... U) U) r:iI U Z o u~ o Z 0: r:iI 0 ~~ UJ E-< ~ r:iI 0: !):It: r:iI U ~ I (WIT) . I:S= o 0 @\~q~~ ~~ - - ~ PIN 58523-0168(LT) TI 0 #:" ~ t~ \~ -~-I- PART 2 306,62' N59"30'30'E(P1&:M) g N N in '" cD '" RETAINED LANDS AREA 3,608 ACRES AREA 1.460 HECTARES ! PROPOSED SEVERANCE t- AREA 0.8093 ACRES t AREA 0.3275 HECTARES co "0 '" ... N PART 1 51R - 29252 PIN 58523-0166(LT) in q ;::, @.'.w. I 117,70' ~TWOOD ~CLAD SHED 8.T .. N59'30'30'E WOOD ;b-~ PUMP-HOUSE ~ CLAD SHED '" -~l ,," -- --- ~.~" ~; , .'" ~'~ /" ~~~ 2 / GO LOT 12 WOOD CLAD 46,00' 1 1/2 STOREY WOOD CLAD DWELLING No, 4910 ,/ z o IJ) IJ) W U Z o U 118,85' ...- 518(1035) ~WIT) ,~. 18.8'~M) -, '- ~"(P2) XI "'" 1\-<96, ~J~O" I "",1so(,o-2 ~.f() I '-. -2 P AI< 1 i '!!""-" I 51 R - 1 77 1 0 '-f../rj \ ""'<(i~(i PIN 58523-0167(LT) ~(,o<) ~. \ '< \": "'" 11 - I SI8(139~ ~ (WIT) , WOOD CL,[, ;:'vMr:- r1\J\ ~ t IN 58523-07 70(LT) :ETCH FOR SEVERENCE PART OF LOT 12, CONCESSION 8 mAPHIC TOWNSHIP OF MEDONTE NOW IN THE rnSHIP OF ORO-MEDONTE COUNTY OF SIMCOE 0 :IS eo 100 200 FEET I I I I I ~ SCALE 1'.50 ' APRIL 25, 2002 h::' .;::::. ...... FENCE \IJ l,75't>ST ~ <:::::i I ~ ~ II') ~ C( o o cDofI "'. \.a.Iu;)"'*;, !it '" ~ ~ " z :> ~ o ..; '" '" ~ ~ IX! W U Z W '" ~ w ~ L~~T ~ '" iD '!' ;;; z 25q -~ S' 016 FROM S1 WATER' POINT BEAR 1 N49"' 2 N46" 3 N39'{ 4 NJ9'! 5 N43' 6 N51', 7 N58" 8 N63' 9 N7T 10 N7T 11 N8T 12 N75' 13 N79' 14 N78" 15 N80' 16 N84' 17 N8T 18 N83' 19 N83' 20 N8Z 21 N83 22 N85 23 N89 24 N87 ..., ~, ~ o ..., ,,; N o N ..., " "' 0) (::\ ~ IX) -" '" 518(1390) \ "sr'~ ~ I - PART '1 lieS' IS' "' 016 016 51 R-17710 ~~~ r;'. ~ N ---- Cl. 18(1390) ~~ ; {Sq-37 TOWNSHIP OF ORO-MEDONTE I REPORT TO COMMITTEE OF ADJUSTMENT I REPORT NO.: COFA2002-B15 PREPARED BY: Todd Weatherell DATE: May 7, 2002 APPLICANT: Cameron Clarke Wardlaw APPLICATION NO.: B-15/02 ROLL NUMBER: 4346 01000720900 LEGAL DESCRIPTION: Concession 3, Part of Lot 28, (Oro) I PROPOSAL I The applicant is proposing a lot addition to an adjacent parcel of land. The land to be conveyed has a lot area of 570 square metres (6135.6 square feet). The land to be retained has a lot frontage of 65. 16 metres (213.7 feet), a lot depth of448.6 metres (1471. 78 feet) and a lot area of 2.10 hectares (5.19 acres). I AGENCY COMMENTS I Building Department: No Concerns Roads Department: No Concerns I OFFICIAL PLAN t . The subject property is designated ShoreJine, Rural Settlement Area, and Rural in the Township's Official Plan. The intent of the Official Plan policies is to maintain the character of the shoreline residential area. As the proposed application is the consideration of a lot addition from one existing residential lot to another, the proposed application is deemed to generally conform to the poJicies of the Official Plan. tfq -60 I ZONING BY-LAW I The subject property is zoned Shoreline Residential Exception 83 (SR*83) in Zoning By-law 97-95, as amended. The proposed lot addition would not affect either the severed or retained lands with respect to compliance with the Zoning By-law provisions. On this basis the application would be deemed to comply with the provisions of the Township's Zoning By-law I RECOMMENDA nON I It is recommended that Consent Application B-15/02 be granted subject to the foJJowing conditions: #-. ,., 1. That the Township of Oro-Medonte Building Department approves of the application, in writing. 2. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary or appropriate registerable description. 3. That three copies of deeds be submitted to the Committee Secretary to be stamped using Form 3 as prescribed in the Planning Act. 4. That aJJ Municipal taxes be paid to the Municipality. 5. That the conditions of consent imposed by the Committee be fulfiJJed within one year from the date of giving of this notice. Submitted by, Todd Weatherell, Junior Planner TOWNSHIP PLANNER COMMENTS: .. Andria Leigh, Planner Date .. ~Cl -3C; Decision BE IT RESOLVED that: Moved by, Albert Pross seconded by Dave Edwards "That the Committee hereby GRANT Application B-15/02 subject to the following conditions: ]. That the Township of Oro-Medonte Bui1ding Department approves of the app1ication, in writing. 2. That three copies of a Reference P1an of the subject 1ands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary or appropriate registerab1e description. 3. That three copies of deeds be submitted to the Committee Secretary to be stamped using Form 2 as prescribed in the Planning Act. 4. That all Municipa1 taxes be paid to the Municipality. 5. That the conditions of consent imposed by the Committee be fulfil1ed within one year from the date of giving of this notice. .. ...Carried" RtOCC ROAD PiN - COUNTY ROA/) __ H64-::'JcJ-tl 5d551-C<Oi!~ No. 20 ~ Hi4,~- _ __ (11;211) \ ~) I 202 11 (PI) \ \.. :-H."€.-CVR~-cY1 , ~ .21 10.43 11.01.).1. .v. JO.!I :i'... ,. ......,- 1 ....---------... ... ... r.,. I G.ZIo ...... I I I I , ::; f ; :. -,- I I 1 I I I I I 1 I r ~- -=-- _., ,,,T ..vl r~ '" .> ~j :::i!: 1t: ~ ~:O ;~ 27 . ~ ! !. Ii ~ i :: ~ ~ ; ; >; ~i ,f.:~I"';; '-7ii-' - - --- -- UN!: A~.1N.~ ~ A/ZEZ/ ~" I;;f'.oc;l "-;c. AJ>';>"'O"J J.L.;.~; ~iiSsf:'_:~~-<oe.~~ i ; . ~ .. !. i ~ . g. PARr::. PLAN S!R-20!!!:r: P.':'.?, 1, PL.:;';'; S!P.-2()ii90 PiN 5i:!55:;- ::-Q5t: =~. ,:: ~; ~ ~ ! W'[::ST ~ ~ OF PAHT PART 1 AAEA= :t2lozam2 . "n" CJ,:i'''C~::;S'O''\ ; ~ I .....--.....~ '--.~ ~"""''-........ ; .....-.-- ; . ...- ..3(""".11 ~ ~: ~N :f:.. -, ... ".,t;_ ,.- . ~ ~ . :=.: ~ O~t_200(16.' ~ ~ LOT PART 2 AR(A~ 't 20484-rT\t '-;U ::: f 0.'_' . .. II~) . ~ ~ ~ % SIOC.\:t"l ~ -H N~"9'OO.E: 65.16 (~1. w.o..) - N~'''9'OO''t 6..62 (PI'" Set) 0 =-~ 2.~ I :':'-::'2.011 ~... r......., 11. 'tOI7I "",.. """" _'. Uvo~' ,.. 200' ... ';: ~2. . ...... . ,-, IOn I I LAKF: SIMCOE: I REQUIRE THtS PL.,t.N 1'0 BE OEPOSITED UNOtR THE. I.,,4.NO ~ AC1. PLAN 51 R- ~I~ "tCENtO ANt) O(POSITt'D: 0.,.., AilG'~lacol DA.Tt ; ~ .. r-1.4\6ol.1NS" 1 OEPIJ'tY l.ANO RtGl~ FOR THE v.ND m\.ES OM$tON Of S$NCOE ( No. S\ ) ..., '''''''' ... .tU or PIN ~~6~ ! I I I I I J I J PLAN OF SURVEY OF PART OF LOT 27 AND PART OF WEST PART OF LOT 28 , CONCESSION ;3 TOWNSHIP OF ORO-MEDONTE (CEOC....PHIC TOWNSHIP 0, ORO) COUNTY OF SIMCOE SCAl-E ,1 OOC 7!J 1tI.. 10'" a ::::"! L'I -;:- --- EPLETT " WOROBEC SURVEY1NC l TO, 2001 ... .., .' BEARING REf'ERENCE 8EARINGS AR[ ASTRONOMIC AND ARE REFERRED TO PARt OF THE WESTERLY UMrT or PART ,. PVoN 51Ft-2oe90 HAV1HG A D(.ARING or NJZJ~'$O-W AS $MOWN ON SJI,ID PI"AN. i ; .. ~ ~ ~ LEGEND ~oTn roUND MONUMEN'T o DE;NOTE$ pl,,)o.NTECo UONUMENT IS DtNOTE$ IAON BAA SIB DENO'TC'5 S'fAN().UtO IRON a,..R M._. DENOTES ...EASUREO P1 DENOTES PLAN ~'R_20e90 HI~:> UI;..NOtLS H.H. Wt.I.SMAN, V.I..::;. 12~5 ()(NOTES A.C. AAfKtS. 0.1.,5. WTT D~OTE'S WJTNB':- - ".~" . r ~~ l:i ~ ~1 ~, ;t ~ ~ ~\ .. .. ~ ~~ ~ :t ~ i ~ SURVEYOR'S CERTtFlCATE I CtffTIF'Y THA.i~ " 'OOS SURVt"Y MfO ~ AM: CORRECt .&NO IN ACCQR:ONiC( 'ftI'noI THE $UfNt'I'S ,.;r. TME $IJR'/t'YORS ...cT. THt \.ANI) fU\.LS AC1 ANt) lHl RlGtltAtfQHS NAOE IJHOf.R 1HEW, 1. ~ 72:7~~ON1K 3~~ o,a.Tt ,I,lAN J. WOI'!08E:C ""'" ....., """""'" . o ~ ~ ~ .. ~ DIstANCES AND CAN 0.3048 SHOWN ON THIS Pl...'N AAE Bt CONVE"RTCO TO F'EE1' sY IN MCTRES PMtNNC BY.. . t.1) ~...: ~tQttC "': ........,. 00-2152A EPI.ETT " wOROBEC S\IWEYIIG L'TD &- 0ntIrI0 Land S\neyonI 134 ANN( S1'RaT soutH - UNJIC - BARRIE .. \.4N 6A2 BARR!( : (~) 722 - 1222 'AX : (705) 721 - 6~ CaJ)WA'TER: (705) N6 - 7208 [-MAIl ; _..~~,~ "\; 1. 'J' TOWNSHIP OF ORO-MEDONTE FROM THE DIRECTOR OF BUILDING/pLANNING DEVELOPMENT IREPORT TO COUNCIL I REPORT NO.: BD2002-05 Council: PREP ARED BY: Ron Kolbe C. of W. DATE: May 17, 2002 Motion # SUBJECT: Erwin Notter 4 Blue Ridge Cres. B. P. #92-054 (formerly OriIlia Twp. R.M. File #C11-011936 Date I BACKGROUND I . Mr. Notter was advised that as noted on his Provisional Occupancy Permit issued Sept. 19/94 that a Final Occupancy will be issued when the final lot grading was complete. . Since this property is in a registered subdivision R. G. Robinson would do a final inspection at a cost of $150.00/visit plus GST. . Mr. Notter wanted an immediate inspection the same day and was advised as per the fees set that the $150.00 fee would be doubled if an inspection were required quicker than 3 days notice. . Mr. Notter paid the required fee of $150.00 & GST. . Al Lees from R. G. Robinson met with Mrs. Notter on May 8, 2002, completed the forms as required by the Municipality, noted two minor deficiencies and faxed the approval to the Building Department. . The FINAL occupancy was issued on May 17, 2002. Mailed to Mr. Notter. I RECOMMENDATION ~ Mr. Notter's request for a refund of the fee required to complete his Final Occupancy be denied. ~s Ctf~ly, subtpi~j ~~, /i~ nald M. Kolbe, CBCO, AScT, MAATO Director of Building/Planning Development C.A.o. Comments: DATE: c.A.O. Dept.Head t Q t:'7 :( t!~. ~K. ~L. I ..../ Erwin Notter 'W_"___'<~ 4 Slue Ridge Cres. A.R. #1 ___ ~ Orillia, Ontario L3V 6H1 ".// ~'" "\ May 8, 2002 His Worship Mayor Neil Craig ~,. ," 'c ,^p {?~ Oro-Medonte Township ,~ Re: Home Occupancy Certificate ~ 1'" ~~ ~ Uv. .5t-v-' Dear Sir: ~ U , am enclosing one copy each of "Report of Inspection" pertaining to Permit No, 92-054 dated January 27, 1994 and "Provisional Occupancy Perm if' dated Sept. 19",~.~94. Please note that we have built our home on 4 Blue Ridge Cres. on a turnkey basis,- .-~, complete with landscaping, and moved in Sept. 1992. For whatever reason, the building inspection and subsequent report was done in Jan. 94 only, with 8 deficiencies as listed on the enclosed document. A final inspection took place in Sept. 94, resulting in a "Provisional Occupancy Permit" dated Sept. 19, 1994. This certificate confirms (1 st paragraph) that subject premises have been inspected and appear to comply with the occupancy requirements. At the bottom of this Provisional Occupancy Certificate you will find the following statements: "A final occupancy certificate will be issued upon written request when: Final lot 9radin9 has been completed, Other conditions, as required have been completed" Note: As stated above, this property was completely landscaped long before the final inspection took place on Sept. 19, 1994. Why would anyone, under these circumstances, start talking about lot grading 2 years after the fact and make this a condition to receiving a final occupancy certificate?? The Provisional Occupancy Certificate states that other conditions, as required have been completed. Under the conditions outlined above, I fail to understand why we would not have received the final occupancy permit in September 94. Your Mr. Ron Kolby has advised me that he personally has approved a $150.00 charge plus GST to a total of $160.50 and recommended an outside engineer to do these lot grading inspections. Your Worship, we paid a substantial lot levy and also paid for the building permit. Would it not be feasible for a building inspector to determine that a landscaped lot does not need any "further grading" and that Mr. Kolby's appointed outside engineer's inspection is, therefore, not a necessity? t nl\ ~ (; b )- I Oro-Medonte Township - 2- Please consider this my "written request" for a final occupancy permit. We have recently sold our home and require this permit to conclude this transaction. I have delivered to the Township Office my cheque #512 in the amount of $160.50. I would appreciate receiving the Final Occupancy Permit before June 15, 2002 and feel that, under the circumstances outlined above, I should be refunded the amount of my cheque. Thank you, Mr. Mayor, for your consideration and help. Respectfully, Erwin Notter cc: Councillor Ruth Fountain Ends. Copy of Report of Inspection dated Jan. 27/94 Copy of Provisional Occupancy Permit dated Sept. 19/94 -~---~...,-- \:'", ORO · MEDONTE R.R. 1, ORO STATION, ONTARIO LOL 2EO TEL. (705) 487-2171 BUll.DING DEPARTMENT PROVISIONAL OCCUPANCY CERTIFICATE Lot",.. .;2~...... . BlocK .. Co~dDP:/~':.{.... ../1Z.2- This will confirm that the subject premises bave been inspected and appear to comply with the occupancy requirements of the Ontario Building Code and/or Township Building By-Law. Temporary guards may protect excessive grade differences. It is the builder's/homeowner',s responsibility to request inspection of pennanent guards. The Township does not inspect or have jurisdiction over electrical inspection, For your information, the following items have been observed: ,~, ....,....................(3 Pq.;l.~.~lf..... ~~~~PE01-: . . . . . . . . . . . . . . . . . . . . . . . . .. ..... ~ . . ~ . . . . . . . . . . . ~ . . . . . . ~ . . . . . . . . -. -. . . . . . . . . . . . . . . . . ~ . ~ . . ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -. . . . ." " . . . . . ~ " . . . . . . . . . . ~ . . . . . . . ~ . . . . . . . . . . . . . . . . . , . . . . . ~ . . . . . . . . ~ . . . . . . . . ~ ~ . . . . .'. . . '.' . . . . . . . .-'~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . ~ ~ ~ ~ ~ .'.. . . ~ . . . . . . . , . ~ .' . ... ~ ~. ~""" ~.............. ~ ~ ~ ~........, ~. ~. ~. ~........... ~..... ~.... ~ ..... ~-.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . . . ~ . . ..... ~ '. . . . .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ ~ . . . . . . ~ . . . . . . . . . . . . . . . . . . . . . '.' . . .'. .' . . . . . .'~'~ . . '> . . . . . . ~ . . ~ . . . . . . . . ~ . . ~ . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . . . . . . . . . . ~ . . . -. ',' .'. . . . . . ............... ~..... ~... ~"'" ~.....,. ~....,.... ~.... ~-'..... ~.~"'" ...... .~'. - ..... A final occupancy certificate will be issued upon written request when: (jfJ rmal lot grading bas been eompIeted Other conditions, as required have been completed S.C.D.H.U. & Onto Hydro Final Inspection obtiinMifreq~.:'i;';~:~ TJtle Restrlclion may affect transferoftbese lands. " ,," ',,'.', , . c, c.,.;, :c... _< · , .,~ \ ~h I.( . . .by. . . . . . m <i0i",;;,...,....,..'.,...,>,.,;.,'j,.~,..,j,',},!,~~,. e:~\. 1J~".i"'~< - -', ,;-.,~ .. b PERMIT NO: ORO.:MEDONTE Building Inspection Department ( REPORT OF INSPECTION IJr 0;; If DATE: ;5/JrJ ;J~jIfINSPECTlON: ~ b '\ I~?:;'~' ORC STATi>; ~ 8O~;: ONTARIO LOL 2EO TEL: (705) 487-2171 . ~ "II , o ("7(' t111 ru: '1 " J" ~ ',-f" TAKE,iNOTICE: that you are required to comply with the following order(s): C~ ., '"' l .Ii A~(2:"-' .' , Gt?;tlWt-SPB .' <-" - c,; "" ,,_.