The Corporation of the Town of New Tecumseth Order of Proceedings

THE CORPORATION OF THE TOWN OF NEW TECUMSETH

MEETING OF COMMITTEE OF THE WHOLE

MEETING NO. 2010-08 JUNE 21, 2010

Council Chambers 10 Wellington Street East, Alliston, Ontario 7:00 P.M.

CHAIR: MAYOR MACEACHERN

ORDER OF PROCEEDINGS

AWARDS AND RECOGNITIONS

CONFIRMATION OF AGENDA

DISCLOSURES OF INTEREST

DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION

ADOPTION OF ITEMS NOT HELD FOR SEPARATE DISCUSSION

DEPUTATIONS

CONSIDERATION OF ITEMS HELD FOR SEPARATE DISCUSSION

NEW BUSINESS

PUBLIC NOTICES

ADJOURNMENT

This meeting is being audio-recorded for transcription purposes only.

Correspondence intended for Committee and/or Council is generally received as public information, subject to the Municipal Freedom of Information and Protection of Privacy Act. Any person submitting correspondence shall advise the Clerk of any confidential items and the general nature of the confidentiality.

Awards and Recognitions

Confirmation of Agenda

Disclosures of Interest

Determination of Items Requiring Separate Discussion

Adoption of all Items not Held for Discussion

Deputations a) New Tecumseth Firefighters Convention Committee (NTFFCC) Re: Firefighters Association of Ontario – Convention 2011

ITEMS:

Committee of the Whole Report No. CW-2010-08 – Monday June 21, 2010

CW-1 COUNCIL ITEMS

a) FLUORIDATION – MUNICIPAL WATER SYSTEM, TOTTENHAM Verbal Report - Councillor Stone

CW-2 COMMITTEE, BOARD AND TASK FORCE SUMMARIES

a) ENVIRONMENTAL ISSUES TASK FORCE Summary Report, June 2, 2010

CW-3 AMENDMENT TO BY-LAW NO. 93-128 – PARKING AND TRAFFIC BY-LAW Enforcement and Licensing Coordinator, Report #ADMIN-2010-37, June 21, 2010

CW-4 STORAGE CONTAINERS – DEPOT 3, TOTTENHAM Deputy Clerk, Report #ADMIN-2010-38, June 21, 2010

CW-5 ELECTIONS 2010 – BY-LAW FOR REDUCED VOTING HOURS IN INSTITUTIONS AND RETIREMENT HOMES Clerk/Manager of Administration and Economic Development, Report #ADMIN-2010-39, June 21, 2010

CW-6 2010 MUNICIPAL ELECTION – ADVANCE VOTING AMENDMENT Clerk/Manager of Administration and Economic Development, Report #ADMIN-2010-40, June 21, 2010

CW-7 EXTERNAL AUDIT SERVICES – EXTENSION OF CONTRACT Treasurer/Manager of Finance, Report #FIN-2010-11, June 21, 2010

CW-8 NAMING OF A PORTION OF THE 14th LINE, ADDISON ROAD AND COUNTY ROAD 10 Director of Technical Services/Deputy CAO, Report #TS-2010-05, June 7, 2010 (Deferred at the June 7th, 2010 Committee of the Whole meeting)

CW-9 ZONING BY-LAW 96-103 CONSOLIDATION, DECEMBER 2009 FILE: DEV 264.Z.9/08 Senior Planner, Report #PD-2010-20, June 21, 2010

CW-10 DRAFT APPROVAL OF ALBAVALE & RED LINE REVISION TO MATTAMY SUBDIVISION - ZONING BY-LAW AMENDMENT FOR ALBAVALE & MINOR CHANGES TO EXISTING MATTAMY ZONING MATTAMY (ALLISTON) LIMITED FILES: DEV 210, DEV 277, 43T-97009 & 43T-04001 Senior Planner, Report #PD-2010-21, June 21, 2010

CW-11 ZONING BY-LAW AMENDMENT MARY NORDSTROM (WALKER, NOTT, DRAGICEVIC ASSOCIATES LTD.) ON BEHALF OF LYNDA MCMILLAN SOUTH PART LOT 10, CONCESSION 6, 6170 – 6th LINE, TOWN OF NEW TECUMSETH, FILE: DEV 279 Intermediate Planner, Report #PD-2010-22, June 21, 2010

CW-12 STREET NAMING POLICY Engineering Coordinator, Report #ENG-2010-11, June 21, 2010

CW-13 AMENDING SITE PLAN DEVELOPMENT APPLICATION – D11-AL-115 OPTRUST COMMUNITY CENTRES INC. – ALLISTON MARKET VILLAGE 8th AVENUE & YOUNG STREET, ALLISTON Engineering Coordinator, Report #ENG-2010-33, June 21, 2010

CW-14 RELEASE OF EARTHWORKS SECURITIES ALLISTON DEVELOPMENTS INC. – SMARTCENTRES MACKENZIE PIONEER ROAD, ALLISTON Engineering Coordinator, Report #ENG-2010-36, June 21, 2010

CW-15 2088785 ONTARIO INC. – NAUTICAL LANDS GROUP KINGSMERE RETIREMENT SUBDIVISION, ALLISTON EARTHWORKS AGREEMENT Engineering Coordinator, Report #ENG-2010-38, June 21, 2010

CW-16 PEST CONTROL PROGRAM REPORT Road Supervisor, Report #PW-2010-21, June 21, 2010

New Business

Public Notice

Adjournment COMMITTEE OF THE WHOLE JUNE 21 2010

REPORT OF COUNCILLOR JIM STONE

RE FLUORIDE TOTTENHAM

RECOMMENDATION

That the written and verbal report from Councillor Stone be received

OBJECTIVE

The objective of this report is to provide information relating to the effects of water fluoridation

COMMENTS CONSIDERATIONS

The reason I am drafting this report is that 1 cannot stand idly by while I believe people in Tottenham are being poisoned by fluoridated water I am one of those people

Fluoride is a deadly poison and has been used as a rat poison and pesticide for many years Dr Hardy Limeback Head of the Department of Preventive Dentistry at the University of Toronto whose past words were used against me in this Chamber publicly apologized in 1999 for being a proponent of water fluoridation stating Because of the cumulative properties of the toxins the detrimental effects on human health are catastrophic He also pointed out that Toronto that has fluoridation has a higher cavity rate than Vancouver which has no fluoride

Fluoride gravitates and accumulates in the thyroid gland throughout your life and being an antagonist to iodine it blocks the production of T4 and T3 hormones negating major functions of the thyroid This hypothyroidism causes great harm to the human immune system and the functioning of thousands of enzyme activities necessary for good health

Low iodine levels are a major contributor to breast cancer

Fluoride is a carcinogen

Fluoride is a neurotoxin Over thirty Chinese studies show it retards mental development in humans The medical journal Neurotoxicology and Teratology showed that accumulation of fluoride creates motor skills dysfunction and learning disabilities Communities that fluoridate have lower than normal IQs in children

Fluoride causes calcification of the pineal gland and wreaks havoc with the endocrine system

The informational CDs that I passed out at a previous Council meeting will show many more examples of the neurological toxicity Report ADMIN201040 June 21 2010 Page 2 of 2

Drs Ymouyosis and Burke a 20year study stated that fluoride caused over 10000 cancer deaths A congressional committee order the US Public Health Service through the National Toxicity Program to do animal studies to verify these findings After 13 more years they determined that there was strong evidence that fluoride cause at least three kinds of cancer liver bone and thyroid

Dr Elise Bassin of Harvard University wrote a thesis showing that fluoride caused bone cancer in young boys as they went through their growth spurt In 1975 Chief Chemist Emeritus of the National Cancer Institute Dean Burk declared that fluoridated water causes more human cancer and causes it faster than any other chemical

Fluoride is useless when ingested Countries like Germany Sweden Spain as well as many others show no difference in cavity rates than those that use fluoridations Graphs demonstrating this are shown on the informational CD

Both the Canadian Paediatric Society and the American Dental Association warned that infants and babies should not ingest any fluoridated water because it delays the maturation of tooth enamel Over 30 of children under 12 years old show damage to their teeth from fluoride

How did all this happen Back in 1944 scientists from the Aluminium Company of America sold the idea the fluoride was good for teeth through misinformation and lobbying the US Public Health Service even after the American Dental Association warned that water fluoridations prospect for harming far outweigh those for the good The savings for these greedy corporations is a bout 8000 or 9000 for every truckload of poison they dump into our water supply which they sell If they dumped stuff in lakes rivers or streams they would be put in jail

Lastly do doctors and dentists have the right to medicate whole communities against the wishes of many 1 dont think so This blanket medication violates all rules of pharmacology One dentist who previously came to Council Chamber stated that fluoride should be declared an essential nutrient How ridiculous Recently when the volcano erupted in Iceland their scientists warned farmers to bring their cattle in from the fields because of the high levels of fluoride in the ash cloud would make their bones brittle and their teeth crumble

This report reflects in way any errors or omission by our very capable staff but I feel strongly that people should be warned Drs Gardner and Ito have stated they would like to see Beeton Alliston and rest of Simcoe County fluoridated Scary

Respectfully submitted

Jim Stone Ward 5 Councillor Cw I

THE CORPORATION OF THE TOWN OF NEW TECUMSETH

ENVIRONMENTAL ISSUES TASK FORCE

For consideration by the Committee of the Whole of the Town of New Tecumseth on June 21 2010

The Environmental Issues Task Force met at 630 pm on Wednesday June 2 2010 at the Joint Operations Centre Beeton A quorum of the members was achieved

The following items were dealt with

1 TAKEITBACK OR PASSITON DIRECTORY

Katy Austin a representative of Zero Waste Simcoe presented the New Tecumseth Area TakeItBack or PassItOn Directory to the Task Force Zero Waste Simcoe wwwzerowastesimcoeorg is an environmental group working to reduce waste generation and maximize waste diversion from landfills in Simcoe County The Directory is currently being developed by the organization for the New Tecumseth area It will identify businesses in New Tecumseth that will receive household items to be reused recycled or disposed of properly The organization has asked the County of Simcoe to provide a link on their website to the Directory and are approaching municipalities in Simcoe County to also provide links on their websites once the directory is complete

The Task Force recommends that this item be deferred to the Environmental Issues Task Force for the 20102014 Term of Council

2 HYDROFLOW CANADA

Bruce Lancefield of HydroFlow Canada gave a presentation to the Task Force with respect to their device that uses electrical fields to reduce and eliminate limescale build up in plumbing systems This device provides a nonchemical solution to limescale build up

The Task Force recommends that this item be deferred to the Environmental Issues Task Force for the 20102014 Term of Council

3 RAIN BARREL PROGRAMS The Task Force received correspondence from a resident regarding Rain Barrel Programs and recommends that this item be deferred to the Environmental Issues Task Force for the 20102014 Term of Council

4 SOLAR PANEL UPDATE The Task Force received the written update on Solar Panels from Joan Smith of Solar Power Pac and recommends that this item be deferred to the Environmental Issues Task Force for the 20102014 Term of Council I

Environmental Issues Task Force Page 2 of 2 June 2nd 2010

5 20072010 TERM REPORT

The Report to Council for the 20072010 Term was discussed and the members were asked to provide the Chair with a summary of the Task Forces accomplishments These will be compiled into the Final Report to Council

6 ADJOURNMENT AND NEXT MEETING DATE The next meeting of the Task Force will be at the call of the Chair CVI 3 J

COMMITTEE OF THE WHOLE June 21 2010

REPORT ADMIN201037

AMENDMENT TO BYLAW NO 93128 PARKING AND TRAFFIC BYLAW

RECOMMENDATION

That Report ADMIN201037 be received

And that the Town of New Tecumseth Bylaw No 93128 Parking and Traffic Bylaw be amended to provide for stop signs for the Rivers Edge residential subdivision

BACKGROUND

On June 7 2010 the Committee of the Whole approved the implementation of parking restrictions turn prohibitions and stop signs with respect to the Rivers Edge Phase II residential subdivision Engineering staff has requested that the additional stop signs noted in the attached amending bylaw also be implemented as they were not included in the June 7 2010 amendment

COMMENTS AND CONSIDERATIONS

The requested changes were approved as part of the Rivers Edge Phase II formerly known as the McCague Subdivision Traffic Impact Study dated October 2001 as prepared by Cansult Tatham Transportation Consultants for the Rivers Edge residential subdivision

FINANCIAL CONSIDERATIONS

Cost for signage and installation will be paid for by the developer in accordance with the subdivision agreement

Respectfully submitted Review

Vanessa McCreight Mu cipal Law ayla a Tow Jerk Enforcement and Licensing Coordinator Manager of Adminis ration E nonmic Development

Attachments 1 Draft Amending Bylaw 2 Location Map THE CORPORATION OF THE TOWN OF NEW TECUMSETH

BYLAW

Number 2010XX

PARKING AND TRAFFIC BYLAW AMENDMENT NO 42 BYLAW

A bylaw to amend Bylaw 93128 being the Parking and Traffic Bylaw

WHEREAS the Council of the Corporation of the Town of New Tecumseth deems it expedient to amend Bylaw 93 128 being the Parking and Traffic Bylaw of the Town

NOW THEREFORE the Council of The Corporation of the Town of New Tecumseth hereby enacts as follows

1 That Schedule E Stop Signs to Bylaw 93 128 be amended by adding the following

ALLISTON Column 1 Column 2 HIGHWAY FACING TRAFFIC

Gray Avenue and Boyne Street Eastbound on Gray Avenue

Burt Avenue and Church Street North Westbound on Burt Avenue

Irwin Crescent North Intersection Eastbound on Irwin Crescent and James A McCague Avenue

Irwin Crescent South Intersection Eastbound on Irwin Crescent and James A McCague Avenue

Church Street North and Oak Street Eastbound on Oak Street

Burt Avenue and Willis Drive Northbound on Willis Drive

2 That this bylaw shall be cited as the Parking and Traffic Bylaw Amendment No 42 ByIavV

3 That this bylaw shall come into force and take effect on the date of final passing thereof

READ A FIRST SECOND AND THIRD TIME AND FINALLY PASSED THIS 28 DAY OF JUNE 2010

MAYOR

CLERK Attachment No2 Location Plan

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REPORT ADMIN201038

STORAGE CONTAINERS DEPOT 3 TOTTENHAM

RECOMMENDATION

That Report ADMIN201038 be received

And that Council enact the necessary bylaw authorizing the Mayor and Clerk to execute an agreement with the Tottenham and District Chamber of Commerce Blue Grass Festival and the Scouts Canada 1st Tottenham A Troop to provide for storage containers located at Depot 3 in Tottenham substantially in the form as Attachments 1 and 2 subject to final clearance by the Town Solicitor

OBJECTIVE

The objective of this report is to seek Council approval to enter into an agreement with the Tottenham Chamber of Commerce on behalf of the Blue Grass Festival and with Scouts Canada 1s Tottenham A Troop with respect to storage containers located at Public Works Depot 3 42 Mill Street West Tottenham

BACKGROUND

The Tottenham Chamber of Commerce on behalf of the Blue Grass Festival and the Tottenham Scout Troop have had storage containers located in the rear of the Tottenham Community Centre for many years As a result of the current expansion to the Community Centre it was necessary for the containers to be removed from that location Both the Tottenham Chamber of Commerce and the Tottenham Scout Troop enquired as to whether an alternatejpcation could be found to store the containers and space was made available for both these groups to place their containers at the Public Works Depot 3 on Mill Street in Tottenham at no charge as was done in the past

COMMENTS AND CONSIDERATIONS

Prior to the movement of the containers to Depot 3 there had been no formal agreement between the Town and the community groups with respect to the containers Staff suggested that an agreement be drawn between the Town and the two community groups to define a term for the placement of the containers as well as to set out certain conditions with respect to insurance maintenance liability and if necessary a provision for the removal of the containers should the Town require the land for their own use Report ADMIN201038 June 21 2010 Page 2 of 2

Agreements have been prepared and circulated to both the Chamber and the Scouts for their information In summary the agreements are for a five year term commencing on the 15 day of July 2010 and ending on the 301h day of June 2015 with a provision for a further five year renewal or any such term as the Town deems appropriate at the Towns sole discretion

Additionally there is an indemnity clause to ensure that the Town assumes no responsibility for the containers contents or be subject to any claims as a result of the agreements A requirement to provide proof of insurance and to maintain the containers in a reasonable condition free of any graffiti offensive or unsightly markings has also been included in the agreements

FINANCIAL CONSIDERATIONS

There is no financial considerations associated with this report

Respectfully submitted Reviewed by

Jan Heydon U eff01ra1MPc Deputy Clerk ClerkManager of minis ra d Economic Develop

Attachments 1 Draft Agreement Tottenham Chamber of Commerce 2 Draft Agreement Scouts Canada 1 Tottenham A Troop Attachment 1

THIS AGREEMENT made this 1 day of July 2010

BETWEEN

D THE CORPORATION OF THE TOWN OF NEW TECUMSETH Hereinafter called the Town of the First Part

AND

TOTTENHAM DISTRICT CHAMBER OF COMMERCE INC

Hereinafter called the Chamber of the Second Part

WHEREAS the Town is the owner of certain lands and premises in the Town of New Tecumseth County of Simcoe lying in South Part Lot 5 Concession 4 former Tecumseth known municipally as 42 Mill Street West Tottenham hereinafter referred to as the Lands and shown on a sketch plan attached hereto as Schedule A

AND WHEREAS the Chamber are desirous of entering into an Agreement with the Town to permit the Chamber to use a portion of the Lands for storage purposes

AND WHEREAS the Town has granted permission to the Chamber to place a steel storage container on the Lands having the approximate dimensions of 24m x 27m x 24m hereinafter referred to as the Container and shown on photographs attached hereto as Schedules B and C

NOW THEREFORE the parties hereto mutually covenant and agree each with the other as follows

1 That the Town shall permit the Chamber to use the lands for a period of five 5 years commencing on the 1 day of July 2010 and ending on the 30 day of June 2015

2 That at the end of the initial five 5 year agreement the Chamber may provide the Town with notice in writing of their desire to extend the agreement for a further five 5 year term or any other such term as determined by the Town to be appropriate and desirable at that time as determined in the Towns sole discretion

3 That should at anytime during the initial five 5 year term of the Agreement or any period following the initial term the Town require the lands for its own use the Town may Fequire the removal of the Container within five 5 business days In the event the Container is not removed within five 5 business days from the date notice of termination was provided the Town may remove the container and shall not be responsible for the Container or its contents Every effort will be made by the Town to provide sixty 60 days written notice to the Chamber to remove the Container and to vacate the Lands

4 That should it become necessary to exercise the provision in Clause 3 of the Agreement the Chamber hereby agree to vacate the Lands aqd to remove any and all fixtures on the Land owned by the Chamber

5 That the Chamber shall pay the Town the sum of Two Dollars 200 as rental for the Lands for the term of the Agreement Tottenham Chamber of Commerce Storage Agreement Page 2 of 3

6 That the Chamber will indemnify and save harmless the Town from all manner of actions causes of actions suits claims damages and demands howsoever arising from the activities of the Chamber its servants agents contractors and designates In particular the Chamber acknowledge that the Town will be fully indemnified and saved harmless from any claims arising directly or indirectly by reason of this agreement

7 That the Chamber covenant and agree to insure the Container and contents for a sum not less than One Million Dollars 100000000 to name the Town as a coinsured on the policy and to provide proof of such insurance at the time of execution of this Agreement and at any time in the future that a policy renewal or change occurs

8 Failure on the palt of the Chamber to provide satisfactory proof to the Town of continuous and uninterrupted insurance coverage in an amount not less than directed in Clause 7 above will constitute a breach of the Agreement and the Town may at its sole biscretion terminate this agreement upon written notice to the Chamber and direct the Chamber to remove the Container forthwith In the event the container is not removed within five 5 business days from the date notice of termination was provided the Town may remove the Container and shall not be responsible for the Container or its contents

9 That the Town will not be responsible for any maintenance of the Container whatsoever f 10 That the Chamber acknowledge and agree to maintain the Container in reasonably good condition free of graffiti andor any other offensive or unsightly markings and shall upon request of the Town repair or repaint same to the satisfaction of the Town not more that 14 days aftera request by the Town has been made

It That this agreement shall enure to the benefit of and be binding upon each of the parties hereto and their respective heirs executors administrators successors and assigns

12 All notices which may or are required to be given under this agreement shall be in writing and shall be delivered personally or sent by registered mail to the parties at their respective addresses as set out as follows

To the Town Clerk Town of New Tecumseth 10 Wellington Street East PO Box 910 Alliston ON L9R 1A1

Telephone 7054356291 Fax 7054352873 Email omcdonaldatownTewtecumsethonca

To the Chamber Jerry Switzer Director Blue Grass Festival Tottenham District Chamber of Commerce Inc co Feehely Gastaldi PO Box 370 Tottenham ON LOG 1W0

Telephone 9059364262 Fax 9059365102 Email iswitzerDfeehelvoastaldicom

Notices which are delivered or sent in the manner set out shall conclusively be deemed to be received for all purposes hereof and in the case of those personally delivered on the date of such delivery and in the case of those given by registered mail on the fourth 4 day following that upon which notice was mailed Tottenham Chamber of Commerce Storage Agreement Page 3 of 3

IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals duly attested by their proper signing officers in that behalf

DATED at New Tecumseth Ontario this day of 2010

THE CORPORATION OF THE TOWN OF NEW TECUMSETH

By MIKE MACEACHERN Mayor

GAYLA MCDONALD Clerk

We have the authority to bind the corporation

DATED at New Tecumseth Ontario this day of 2010

TOTTENHAM DISTRICT CHAMBER OF COMMERCE INC

By Name Title

Name Title

We have the authority to bind the corporation

I Schedule A 42 Mill Street West Tottenham District Chamber of Commerce Inc

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Schedule B

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Boy Scouts Steel Storage Container 24m x 75m x 24m

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THIS AGREEMENT made this 1 day of July 2010

BETWEEN

THE CORPORATION OF THE TOWN OF NEW TECUMSETH

Hereinafter called the Town of the First Part

AND

SCOUTS CANADA 1ST TOTTENHAM A TROOP

Hereinafter called the Scouts of the Second Part

AND WHEREAS the Scouts are desirous of entering into an Agreement with the Town to permit the Scouts to use a portion of the Lands for storage purposes

AND WHEREAS the Town has granted permission to the Scouts to place a steel storage container on the Lands having the approximate dimensions of 24m x 75m x 24m hereinafter referred to as the Container and shown on photographs attached hereto as Schedules B C and D

NOW THEREFORE the parties hereto mutually covenant and agree each with the other as follows

1 That the Town shall permit the Scouts to use the lands for a period of five 5 years commencing on the to day of July 2010 and ending on the 30 day of June 2015

2 That at the end of the initial five 5 year agreement the Scouts may provide the Town with notice in writing of their desire to extend the agreement for a further five 5 year term or any other such term as determined by the Town to be appropriate and desirable at that time as determined in the Towns sole discretion

3 That should at anytime during the initial five 5 year term of the Agreement or any period following the initial term the Town require the lands for its own use the Town may require the removal of the Container within five 5 business days In the event the Container is not removed within five 5 business days from the date notice of termination was provided the Town may remove the container and shall not be responsible for the Container or its contents Every effort will be made by the Town to provide sixty 60 days written notice to the Scouts to remove the Container and to vacate the Lands

4 That should it become necessary to exercise the provision in Clause 3 of the Agreement the Scouts hereby agree to vacate the Lands and to remove any and all fixtures on the Land owned by the Scouts

5 That the Scouts shall pay the Town the sum of Two Dollars 200 as rental for the Lands for the term of the Agreement Scouts Canada 1Tottenham A TroopStorage Agreement Page 2 of 3

6 That the Scouts will indemnify and save harmless the Town from all manner of actions causes of actions suits claims damages and demands howsoever arising from the activities of the Scouts its servants agents contractors and designates In particular the Scouts acknowledge that the Town will be fully indemnified and saved harmless from any claims arising directly or indirectly by reason of this agreement

7 That the Scouts covenant and agree to insure the Container and contents for a sum not less than One Million Dollars 100000000 to name the Town as a coinsured on the policy and to provide proof of such insurance at the time of execution of this Agreement and at any time in the future that a policy renewal or change occurs

8 Failure on the part of the Scouts to provide satisfactory proof to the Town of continuous and uninterrupted insurance coverage in an amount not less than directed in Clause 7 above will constitute a breach of the Agreement and the Town may at its sole discretion terminate this agreement upon written notice to the Scouts and direct the Scouts to remove the Container forthwith In the event the container is not rerngved within five 5 business days from the date notice of termination was provided the Town may remove the Container and shall not be responsible for the Container or its contents

9 That the Town will not be responsible for any maintenance of the Container whatsoever

10 That the Scouts acknowledge and agree to maintain the Container in reasonably good condition free of graffiti andor any other offensive or unsightly markings and shall upon request of the Town repair or repaint same to the satisfaction of the Town not more that 14 days after a request by the Town has been made

11 That this agreement shall enure to the benefit of and be binding upon each of the parties hereto and their respective heirs executors administrators successors and assijns

To the Town Clerk Town of New Tecumseth I 10 Wellington Street East PO Box 910 Alliston ON L9R 1A1

Telephone 7054356291 Fax 7054352873

To the Scouts George Cave Quartermaster Scouts Canada 1Tottenham A Troop do 57 Eastern Avenue Tottenham ON LOG 1W0

Telephone 9059362963 Email iovGeGave038cDsvmoaticoca

Notices which are delivered or sent in the manner set out shall conclusively be deemed to be received for all purposes hereof and in the case of those personally delivered on the date of such delivery and in the case of those given by registered mail on the fourth 0 day following that upon which notice was mailed corporation

Scouts Canada 15 Tottenham A Troop Storage Agreement Page 3 of 3

IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals duly attested by their proper signing officers in that behalf

DATED at New Tecumseth Ontario this day of 2010

THE CORPORATION OF THE TOWN OF NEW TECUMSETH

By MIKE MACEACHERN Mayor

GAYLA MCDONALD Clerk

We have the authority to bind the corporation

DATED at New Tecumseth Ontario this day of 2010

SCOUTS CANADA t TOTTENHAM A TROOP

i By George Cave

Quartermaster Name

Title We have the authority to bind the WUVrsnm

Schedule A 42 Mill Street West Scouts Canada 1st Tottenham A Troop N

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Schedule B

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Blue Grass E Steel Storage Conatainer All 24m x 27m x 24m

Boy Scouts Steel Storage Container 24m x 75m x 24m

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COMMITTEE OF THE WHOLE JUNE 21 2010

REPORT ADMIN201039

ELECTIONS 2010 BYLAW FOR REDUCED VOTING HOURS IN INSTITUTIONS AND RETIREMENT HOMES

RECOMMENDATION

That Report ADMIN201039 be received

in and And that Council enact a Bylaw to provide for reduced hours of voting institutions retirement homes on October 25 2010 at the following locations and times

LOCATION TIME Good Samaritan Nursing Home 481 Victoria 900 am to 1100 am Street East Alliston Riverwood Retirement Home 9 Evans Road 1200 pm to 200 pm Alliston Simcoe Manor 59888 Line Beeton 300 m 500 m

OBJECTIVE

as we have done in The purpose of this report is to recommend to Council that past elections reduced hours of voting be provided for institutions and retirement homes during the 2010 Municipal Elections and that a bylaw be enacted to this effect

BACKGROUND

The Municipal Elections Act 1996 S 0 9996 c 32 as amended provides that a Municipal hours within an institution in Council shall pass a bylaw to provide for reduced of voting which ill or on nomination day 20 or more beds are occupied by persons who are disabled chronically and infirm or a retirement home in which on nomination day 50 or more beds are occupied that is only for the use of residents of the institution or retirement home

COMMENTS AND CONSIDERATIONS

New Tecumseth has three such residences and as we have done for previous elections we have worked with these institutions to determine suitable hours in which voting will be conducted for the residents in each location The twohour period is more than sufficient to accommodate the residents needs and retirement home staff have confirmed that they are satisfied with the hours assigned A copy of the proposed bylaw is attached as Attachment 1 Report ADMIN201039 June 21 2010Page 2 of 2

FINANCIAL CONSIDERATIONS

Expenses related to providing these polls are included in the 2010 Election budget

Respectfully submitted

Gayla McDonald Town ClerkManager of mis a conomic Development Attachment 1

THE CORPORATION OF THE TOWN OF NEW TECUMSETH

BYLAW

Number 20100xx

2010 ELECTION REDUCED HOURS OF VOTING BYLAW

A bylaw to provide for reduced hours of voting in institutions and retirement homes

WHEREAS Section 46 of the Municipal Elections Act 1996 provides that a Municipal who are Council may pass a bylaw to allow reduced voting hours for residents of institutions disabled chronically ill or infirm or residents of a retirement home

NOW THEREFORE the Council of The Corporation of the Town of New Tecumseth hereby enacts as follows

1 That reduced hours of voting for the 2010 Municipal Election shall be held on October 25 2010 at the following locations and hours

1 Good Samaritan Nursing Home 481 Victoria Street East Alliston from 900 am to 1100 am

2 Riverwood Retirement Home 9 Evans Road Alliston from 1200 pm to 200 pm

3 Simcoe Manor 5988 8 Line Beeton from 300 pm to 500 pm

2 That this bylaw shall be cited as the 2010 Election Reduced Hours of Voting Bylaw

3 That this bylaw shall come into force and take effect on the date of final passing thereof

READ A FIRST SECOND AND THIRD TIME AND FINALLY PASSED THIS 281 DAY OF JUNE 2010

MAYOR

CLERK cuo

COMMITTEE OF THE WHOLE JUNE 21 2010

REPORT ADMIN201040

2010 MUNICIPAL ELECTION ADVANCE VOTING AMENDMENT

RECOMMENDATION

That Council enact a bylaw to amend the advance voting dates hours and locations for the 2010 municipal election as set out in this report

OBJECTIVE

Council approval is required for establishment of the advance voting dates and times

BACKGROUND

It is necessary for Council to approve the Advance Voting schedule for the 2010 Election We are recommending the following dates and locations

DATES LOCATION TIMES

Saturday October 2 2010 Fire Station 2 Beeton 1000 amto600 pm

Monday to Thursday Noon to 700 PM October 4 to 7 2010

Voters will be able to cast their ballots in any of these locations regardless of their municipal address in New Tecumseth C

Report ADMIN201040 June 21 2010 Page 2 of 2

FINANCIAL CONSIDERATIONS

Funds to provide for the cost of the advance voting dates are included in the 2010 Election budget

Respectfully submitted

Gayle McDonald ClerkManager of ministr n Economic Development I COMMITTEE OF THE WHOLE JUNE 21 2010

REPORT FIN201011

EXTERNAL AUDIT SERVICES EXTENSION OF CONTRACT

RECOMMENDATION

That Finance Report FIN 201011 be received

And that in accordance with the Sole Source Procurement section of the Purchasing Bylaw Grant Thornton LLP Chartered Accountants Management Consultants be appointed Auditors for the Town of New Tecumseth and its local Boards for the 2010 fiscal year for the fee as per their proposal dated June 8 2010

And that Council enact the necessary Bylaw to extend the term of the External Audit Services agreement to include the 2010 fiscal period draft Bylaw Attachment 2

OBJECTIVE

the extension The purpose of this report is to provide Council with a recommendation regarding of the Towns current Audit Services contract for an additional oneyear term

BACKGROUND

Grant Thornton LLP were the successful proponents of the External Audit Services RFP that was issued in 2005 and have served as the Towns auditor for the fiscal years from 2005 to 2009 inclusive Section 296 of the Municipal Act states that a Municipality shall appoint an auditor licensed under the Public Accounting Act and that the auditor shall audit not only the municipality but also its local Boards

COMMENTS AND CONSIDERATIONS

The Ministry initiative regarding the capitalization and recording of all Town assets PSAB 3150 is ongoing with the data tabulation of asset related information required to complete the Towns 2009 financial reporting It is anticipated that this process will be completed in the Fall and that the 2009 financials will be brought to Council before yearend The Town auditors have been extensively involved in the review and guidance process of this initiative and while records will be in place to account for the 2009 values it would be beneficial to the Town to maintain the same Audit group for the 2010 fiscal to enable a smooth transition of record keeping and audit verification through the first complete year after implementation Local boards of the Town have been advised of the intention to extend audit services with the current auditors for an additional oneyear term Report FIN201011 July 5 2010 Page 2 of 2

FINANCIAL CONSIDERATIONS

Grant Thornton LLP have submitted their quote to provide audit services to the Town and its local boards attachment 1 Excluding the impact of the fees that have been charged to the Town in 2009 regarding the capitalization of Town assets PSAB 3150 the proposed base fee represents an approximate 5 increase over 2009 The proposed fee for the 2010 fiscal audit can be accommodated within the 2010 Town budget The local boards may experience a slightly different percentage increase over the 2009 fee The audit fee is determined a base by preliminary charge plus it is adjusted depending directly on the amount time of and effort that the audit group will spend to complete the process

Respectfully submitted

I o e

Mark R Sirr TreasurerManager of Finance

Attachment 1 Proposal from Grant Thornton LLP dated June 8 2010 2010 Audit Fees Attachment 2 Auditor Appointment Bylaw Extension of Contract 2010 Fiscal TrCNmENT Adwl j 0 Gr nt 1 1 iQrn n

The Corporation of the Town of New Tecumseth PO Box 910 10 Wellington Street East ON L9R 1Al Alliston GnntThomton uP su t 300 6WeSte tN Attention Mark Sirr Onlfa ON L3V sae

T 705 3267605 F 705320837 June 8 2010 w Granfthwtonca

Dear Mark

our We the As requested we are providing this letter with proposed fees for 2010 appreciate opportunity to present our proposed fees we have enjoyed a long relationship with the Town of New Tecumseth

We have established the proposed fees for the audit for the year ended December 31 2010 that is based on the level of activity required and the anticipated complexity of the financial

statements

We propose our fee to be as follows

Town of New Tecumseth 33000

New Tecumseth Public Library 4500

Alliston Downtown Improvement Area Board 700

Beeton Improvement Area Board 700

New Tecumseth Improvement Society 1000

Gras tax compliance audit 950

Total 40850

tr t llianM UP A Cam M1bmbcd G MThW Hiea LW GrantThomton z

We hope you find the proposed fees acceptable

Yours sincerely

r WeI

Michael Bunn Principal Grant Thornton LLP

MaiTAAhory ew TMmM ur n cmam bita a osx r mama w TTACNmEN7 z

THE CORPORATION OF THE TOWN OF NEW TECUMSETH

BYLAW

Number 2010Oxx

AUDITOR APPONTMENT 20052009 AMENDMENT 1 BYLAW

Being a bylaw to appoint Municipal Auditors for the Years 2005 to 2009 inclusive

WHEREAS the Municipal Act 2009 provides inter alia that the Council of every municipality shall appoint for a term of five years or less an auditor who is licensed under the Public Accounting Act 2004 and every person so appointed shall annually audit the accounts and transactions of the Municipality and its local Boards and express an opinion on the Financial Statements of these books based on the audit

AND WHEREAS the Council of The Corporation of the Town of New Tecumseth deems it expedient to extend the Towns audit services an additional oneyear term for the fiscal year 2010

NOW THEREFORE the Council of The Corporation of the Town of New Tecumseth enacts as follows

1 That the firm of Grant Thornton Chartered Accountants and Management Consultants be and the same are hereby appointed auditors for the Municipal Corporation of the Town of New Tecumseth and its local boards thereof for an additional oneyear term for the fiscal year 2010

2 That the proposal dated June 8 2010 of Grant Thornton Chartered Accountants and Management Consultants setting out the 2010 fiscal fees in accordance with the original terms of engagement be confirmed

3 That the Chief Administrative Officer and the TreasurerManager of Finance be authorized to execute all documentation related to the engagement of Grant Thornton as Municipal Auditors

4 That this bylaw shall be cited as the Auditor Appointment 20052009 Amendment 1 ByLaw

5 This bylaw shall come in to force and take effect on the date of final passage thereof

BYLAW READ A FIRST SECOND AND THIRD TIME AND FINALLY PASSED THIS 2e DAY OF JUNE 2010

MAYOR

CLERK COMMITTEE OF THE WHOLE JUNE 7 2010

REPORT TS201005

NAMING OF A PORTION OF THE 14T LINE ADDISON ROAD AND COUNTY ROAD 10

RECOMMENDATION

That Report TS200905 be received

And that the County of Simcoe be requested to pass the necessary bylaw to provide for County Road 10 to be named Industrial Parkway between Highway 89 and the intersection of Industrial ParkwayTottenham RoadCR 10 intersection

And that Council provide direction to staff with respect to the request from Trillium Ford for payment of cost associated with the change in municipal address as outlined in the letter from Trillium Ford included as Attachment 1 Confidential for Council members only to Report TS201005

OBJECTIVE

The purpose of this report is to update Council respecting the matter of naming the realigned portion of the 14th Line Tottenham Road and Addison Road

BACKGROUND

On June 9th 2008 Council considered the matter of naming the realigned County Road 10 through the OPA 29 Industrial area as Industrial Parkway Council directed that this matter be forwarded to the County of Simcoe for consideration as the roadways are under the Countys jurisdiction Council passed the following resolution

Be it resolved that the deputation by Gary Dorland be received and further that this matter be referred to staff

The request was forwarded to the County of Simcoe on June 16th 2008

In November 2008 County Council referred the issue of renaming the road to County staff for a report Recommendation CS 21508

On March 2 2009 Town staff provided an update report and Council resolved

That Report TS200906 be received

And that staff be directed to seek input respecting the renaming of the realigned portion of the 14 Line Tottenham Road and Addison Road from property owners with a municipal address on these sections of road

And that staff report to a future Committee of the Whole after consultation with County staff and input from the propertyowners is obtained Report TS201005 June 7 2010Page 2 of 4

COMMENTS AND CONSIDERATIONS

Attachment 2 outlines the road network in the area of the realigned County Road 10 Within New Tecumseth prior to the realignment in 2006 County Road 10 extended continuously from Highway 89 to Highway 9 and was named Tottenham Road ByLaw 96114 except within the Community of Tottenham where it was named Queen Street In 2006 County Road 10 Tottenham Road was closed and realigned to the east through OPA 29

The section of the realigned road between Highway 89 and Mackenzie Pioneer Road is named Addison Road ByLaw 8914 This section of road was conveyed to the County in 2006 Although there are no street name signs installed to identify Addison Road there are two properties with municipal addresses on this section namely the Trillium Ford car dealership and OPP headquarters The remainder of the realigned road is not named by the Town The existing street name and directional signage is illustrated in Attachment 2

At the time the County road was realigned Honda Canada inquired if their address would have to change and indicated a preference to maintain their address of 4700 Tottenham Road Honda has a number of entrances to their property including entrances on Industrial Parkway that are mainly used for deliveries The entrance to their main office was originally from Tottenham Road and the driveway has now been extended easterly to the realigned County Road 10 Honda does have a short length of frontage but no driveway access on Tottenham Road at Albert Street and also at the south end of their property at the Industrial ParkwayTottenham RoadCR 10 intersection

10 a 911 There is one farm property on the south side of the realigned County Road that has municipal address that was originally on the 14 Line

The Municipal Act states that a municipality may pass bylaws in respect of a highway only if it has jurisdiction over the highway 2001 c 25 s 27 1 Accordingly the County will have to of this road under its pass a bylaw to coordinate with the Town the naming County jurisdiction The renaming of Addison Road and naming of the realigned County Road may have an impact directed on the municipal addresses for Honda Trillium OPP and the farm property Council that staff consult and coordinate with County staff and seek input from these owners and that staff report back to a future Committee of the Whole

In March 2009 County staff sent letters to the four affected landowners along CR 10 14 Line and Addison Road requesting comments respecting the naming of the realigned CR 10 No on the Line The OPP response was received from the owner of the farm property 14U responded that they have no issues or concerns with a single name being used as suggested Trillium Ford responded that they would recommend that no change take place unless a written agreement is provided to cover the cost to Trillium Ford associated with the change in address Honda advised the Town in November 2009 that they have no concerns because their municipal address would not change

In November 2009 County Corporate Services Committee deferred a county staff report in order to provide the Town opportunity to comment A subsequent meeting with the County and the Town was held to review the existing names of the road and discuss options The following are notes from the meeting CU14

Report TS201005 June 7 2010 Page 4 of 4

the new road as however the police and fire services indicated that their responders considered for the road to be called Industrial a continuation of Industrial Parkway and had a preference and Honda Parkway This option is the least disruptive to the existing residents and businesses could maintain its existing municipal address of 4700 Tottenham Road A subsequent meeting and with Canada Post confirmed that they have no concerns with the street naming options there will no mail delivery impact to Honda

With respect to the response from Trillium Ford wherein they requested an agreement Town Solicitor has advised respecting cost to them associated with the change in address the for or a that there is no obligation on a Municipality to pay compensation naming renaming of a that has roadway The naming of a roadway is inherent in the jurisdiction Municipality control of the particular roadway While the change of name may cause inconvenience to an to that owner It is adjoining owner there is no responsibility for the Municipality compensate a basis If the certainly open Ae the Municipality to make a payment on goodwill gesture in a Municipality chose to do so it would be done on that basis only and certainly only reasonable amount The name change could lead to inconvenience and minor administration cost

The recommendation of this report does not include authorization to pay the costs requested in the letter Attachment 1 from Trillium Ford Should Council wish to enter into an agreement be with Trillium Ford to make a payment on a goodwill basis it is suggested that the following added to the recommended resolution

And that staff be directed to contact Trillium Ford to further discuss their request for payment of cost associated with the change in the municipal address And that staff report back to a future Committee of the Whole

FINANCIAL CONSIDERATIONS

The cost to install the road name signage associated with the naming of the realigned County Road 10 would be funded from the approved 2010 operating budget for road signage

in the 2010 With respect to the cost requested by Trillium Ford there is no funding included of budget If Council entered into an agreement with Trillium Ford the cost and source funding would have to be identified at that time It is likely that the funding source would have to be from the 2010 operating budget for 911 numbering resulting in an unfavorable variance

Respectfully submitted Financial considerations reviewed by sta 17e Brendan Holly Mark Sirr Director of Technical Servi Deputy CAO Treasure Manager of Finance Cc Attachments 1 Letter from Trillium Ford Confidential for Council members only 2 Location Map Street Names and Directional Signage Report TS201005 June 7 2010 Page 3 of 4

1 Review existing names of road

and 14 Line From Hwy 89 southerly the existing names are Addison Road CR 10

2 Review option to name entire road Tottenham Road

Need to rename Addison Road Need to rename 10 Line and 89 Need to rename old Tottenham Road between Albert Street Hwy

Pros Road local o New CR10 replaced former Tottenham familiarity o Straightforward 911 numbering o Hondas main entrance on Tottenham Road

Cons view new road as continuation of Industrial Parkway o Emergency response Fire o Honda has 2 existing entrances on Industrial Parkway Tottenham Road between Albert o Disruption to properties by renaming old Street and Hwy 89

3 Review option to name entire road Industrial Parkway

Need to rename Addison Road Need to rename 14 Line

Pros Road between Albert Street and 89 o Do not need to rename old Tottenham Hwy No disruption to existing properties name best for o Continuous Industrial Parkway road is emergency response it is a new road o Local familiarity is not an issue because o Honda has 2 existing entrances on Industrial Parkway Road and 911 will still work o Hondas address can stay 4700 Tottenham system

Cons be on Road o Hondas main entrance would not Tottenham issues o County staff concerned about emergency response

4 Other considerations

and code for Need to check if road names have impact on mailing address postal Honda

three services A subsequent meeting was held with representatives from the emergency staff It was confirmed that Georgian Central Ambulance Communication Centre and County no concerns with to from an emergency response point of view there are currently responding be to have a Honda and other properties however as the area develops it will necessary single could work continuous name for the road It was concluded that either road naming option Q 6 e xt W co 6 t ca Yi Z ta r fWJ v5

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26 Southbound County Road 10 29 Eastbound Industrial Parkway

TRUCK BITRANCI ONLY ecomon 30 Westbound Industrial Parkway

31 Eastbound Industrial Parkway

i N ty aM COMMITTEE OF THE WHOLE JUNE 21 2010

REPORT PD 201020

ZONING BYLAW 96103 CONSOLIDATION DECEMBER 2009 FILE DEV264Z908

RECOMMENDATION

THAT PD201020 File DEV 264 be received for information

OBJECTIVE

of the 117 To inform Council that staff have completed a consolidation and reorganization approved zoning bylaw amendments approved to December 2009

BACKGROUND

also This is the third consolidation completed since approval of the document in 1996 It is as the amendments were described as a reorganization as it was discovered that approved but then the text within over time many of them amended the correct section placed differently section to which the the Bylaw The new version relocates the amendments within the specific exception relates The last consolidation was completed in 2007

COMMENTS AND CONSIDERATIONS

on the This document and the related maps are intended to be available for sale and posted Towns website Posting the Bylaw substantially reduces telephone inquiries of the Planning entire Department and enables the public to effectively utilize the provisions of the zoning by law when working within their own office or at home

new Note that no zoning changes are occurring to any Town property nor are any zoning standards or clauses being added

Information Staff The maps were completed by the Towns Geographic Systems

FINANCIAL CONSIDERATIONS

There are no financial considerations as a result of this report

Respectfully Submitted Reviewed by

A IQ All Eric C RPP une Litl MCIP P andler MCIP enior anner Manger of Planning

Attachments None COMMITTEE OF THE WHOLE JUNE 21 2010

REPORT PD 201021

DRAFT APPROVAL OF ALBAVALE RED LINE REVISION TO MATTAMY SUBDIVISION ZONING BYLAW AMENDMENT FOR ALBAVALE MINOR CHANGES TO EXISTING MATTAMY ZONING MATTAMY ALLISTON LIMITED FILES DEV 210 DEV 277 43T97009 43T04001

RECOMMENDATION

THAT Report PD201021 be received and

THAT approval be given to proposed draft plan of subdivision NTT04001 by red line revision to plan of subdivision 43T97009R included as Attachment 2 and subject to the conditions included as Attachment 3 to report PD201021

THAT draft approval be for three years subject to the potential for extension in accordance with the Planning Act

THAT the zoning bylaw amendment Files DEV 210 277 be approved substantially in the form attached as Attachment 4 to report PD201021

AND THAT notice of decision for the above approvals be provided in accordance with the requirements of the Planning Act

OBJECTIVE

To provide Council with information to enable a decision on a requested zoning bylaw amendment and plan of subdivision to permit the completion of the Mattamy subdivision north and south of John W Taylor Drive westerly to Boyne Street Alliston

BACKGROUND

Location

The subject lands are located in the community of Alliston north of the Boyne River east of Boyne Street and extend between the existing houses fronting on Boyne Street and the constructed second phase of the Mattamy subdivision They are legally described as Part Lot 1 Concession 2 formerly Essa Town of New Tecumseth Refer to Attachment 1 PD201021 June 21 2010 Page 2

History

The 573 unit Mattamy subdivision formerly Northcroft was draft approved by the Ontario Municipal Board in 2004 Three phases totaling 448 units have been registered to date The current proposal requests minor revisions to the existing draft approval and proposes draft approval for an additional 28 lots and part lots on approximately 325 ha 8 acres to complete the subdivision westerly through to Boyne Street The minor revision the additional lots and the combined part lots propose a total of 157 lots

Current Proposal

The Town has received applications for draft plan approval a revision to a draft approved plan of subdivision and related zoning bylaw amendments The result will be the revised draft plan being Attachment 2 which combines the land to the west Albavale Lands to complete the Mattamy subdivision deepens the lots along the northern edge boundary to allow the required grading transition to occur and also proposes to convert lots from 131 metre frontages to create 14 lots having 104 metre frontages It also incorporates an access to the top of bank for maintenance purposes

The zoning bylaw amendments propose the zoning of the land on the west end of the subdivision Albavale Lands from Agricultural to Urban Residential Exception UR17 and UR210 in keeping with the abutting subdivision to change the zoning on the proposed 104 metre lots from UR17 to UR210 and to change the minimum setback to the Environmental Protection Zone for the lots zoned UR114 and UR115 A reduced rear yard from 75 metres to 65 metres is also requested for the UR115 lot The hold zone is also proposed to be removed from the current zoning to permit development to proceed as sewer water and transportation services are or will be made available for the development The effect of the approval of the applications as proposed would result in the land use pattern shown on Attachment 2

The Albavale portion of the valley lands 91 he or 22 acres along the Boyne are proposed to be added to the open space block to total approximately 291 hectares 72 acres and will be conveyed to the Town as has been done through the rest of the subdivision In accordance with the existing draft plan condition 32 new condition 29 swimming pools have been prohibited on lots abutting the Environmental Protection Zone

COMMENTS AND CONSIDERATIONS

Town of New Tecumseth Official Plan

The lands to be developed are designated LowMedium Density Residential and Hazard Lands by the Alliston Secondary Plan The LowMedium Density Residential designation permits the proposed single detached at a maximum average density of 30 units per hectare The draft plan proposes single detached units at a density of approximately 26 units per site hectare No development is proposed within the Hazard Land designation 103

PD201021 June 21 2010 Page 3

County of Simcoe Official Plan

The subject property is designated Settlement Area in the County of Simcoe Official Plan Section 35 of the County Official Plan states that settlement areas should be planned to accommodate a diversity of land uses including residential commercial industrial and institutional to reinforce their traditional role as central places and service centres The proposed subdivision and zoning is supported by this policy

Growth Plan for the Greater Golden Horseshoe 2006 Growth Plan

Section 227 1 of the Growth Plan states that new development taking place in designated Greenfield areas will be planned designated zoned and designed in a manner that

a contributes to the creation of complete communities b creates street configurations densities and an urban form that support walking cycling and the early integration and sustained viability of transit services c provides a diverse mix of land uses including residential and employment uses to support vibrant neighbourhoods d creates high quality public open spaces with site design and urban design standards that support opportunities for transit walking and cycling

The proposed draft plan of subdivision and zoning support the above principles

Draft Plan of Subdivision

Adding the two subdivisions together is the most administratively effective way to develop the subject lands It eliminates the need for two sets of draft plan conditions and further planning approvals to add several blocks together to create residential lots where the two plans join

In considering a draft plan of subdivision Section 5124 of the Planning Act requires that regard shall be had to various matters including among other matters to the health safety convenience accessibility for persons with disabilities and welfare of the present and future inhabitants of the municipality and to the matters outlined below Each Section of 5124 is identified below and followed by a brief statement summarizing how it has been addressed a the effect of development of the proposed subdivision on matters of provincial interest as referred to in section 2 The proposed plan has regard for relevant matters of Provincial interest and is consistent with the Provincial Policy Statement and conforms with the Growth Plan for the Greater Golden Horseshoe in terms of location and layout

The subdivision is located within a designated settlement area in accordance with the policies of the Simcoe County Official Plan b whether the proposed subdivision is premature or in the public interest The draft approval is timely in providing infill and completing the development pattern o A

PD201021 June 21 2010 Page 4

c whether the plan conforms to the official plan and adjacent plans of subdivision if any The plan conforms with the Official Plan and the development pattern and style is compatible with the abutting registered portions of the subdivision and existing development d the suitability of the land for the purposes for which it is to be subdivided The land is suitable for residential development e the number width location and proposed grades and elevations of highways and the adequacy of them and the highways linking the highways in the proposed subdivision with the established highway system in the vicinity and the adequacy of them Traffic impact studies and the completion of road improvements are conditions of draft approval f the dimensions and shapes of the proposed lots The lots are adequate to accommodate single detached dwellings especially when added to the subdivision to the east

g the restrictions or proposed restrictions if any on the land proposed to be subdivided or the buildings and structures proposed to be erected on it and the restrictions if any on adjoining land Grading is not required onto adjacent lands as was undertaken for a portion of phase three of this subdivision This has been reviewed through the detailed engineering process

h conservation of natural resources and flood control Those portions of the property that are sensitive and may be subject to flooding are within the hazard land area and are to be conveyed to the Town Setbacks from the top of bank and the prohibition of swimming pools are further considerations included within the planning approvals to ensure protection i the adequacy of utilities and municipal services All utilities and services including adequate sewer and water supply are presently available for the subdivision A condition of draft approval does require allocation of such services by Council in the event that over time the sewer and water circumstanceschange A further condition requires specific offsite road and bridge improvements to the satisfaction of the Town

Q the adequacy of school sites

One new public school site is included within an already registered portion of the subdivision to the east The Simcoe County District School Board has maintained their request for the site and the continuance of the related conditions within this draft approval Timing for the development of the school site is not available

k the area of land if any within the proposed subdivision that exclusive of highways is to be conveyed or dedicated for public purposes Cashinlieu of park land has been included within the conditions of draft approval for the Albavale portion of the subdivision Qj 1os

PD201021 June 21 2010 Page 5

1 the extent to which the plans design optimizes the available supply means of supplying efficient use and conservation of energy

Subject subdivision completes the development pattern and infill fabric of this area of the community thereby facilitating energy efficiencies in many respects m the interrelationship between the design of the proposed plan of subdivision and site plan control matters relating to any development on the land if the land is also located within a site plan control area designated under subsection 41 2 of this Act or subsection 114 2 of the City of Toronto Act 2006 1994 c 23 s 30 2001 c 32 s 31 2 2006 c 23 s 22 3 4

An urban design report was completed prior to the registration of the first phase A condition requiring an urban design report has been included within the conditions of draft plan approval

Agency Comments

The subdivision plan was last circulated in May 23 2008 and all matters of concern have been addressed within the conditions of draft plan approval Additional site specific information relating to the top of bank and slope stability was requested by the Nottawasaga Valley Conservation Authority These matters were reviewed with the Conservation Authority and the Towns Engineering Department and it was concluded that the draft plan as submitted can be constructed with the use of retaining walls which will be owned by the Town where abutting the road

All agencies requested that the conditions within the existing draft approval for the Northcroft portion also apply to the Albavale section This also applies to the Simcoe County District School Board that has requested the continuation of conditions relating to the previously registered school site as the Board intends to purchase the site

Public Comments

A public meeting was held May 26 2004 as required by the Planning Act In response to public comments conditions of draft approval were included relating to stormwater management well monitoring replacement of water supply These conditions are included within the proposed conditions

A public meeting was held April 7 2010 in accordance with the Planning Act In response to public comments the following has been completed the proposed reduced size lots were relocated so that they do not abut the existing built portion of the subdivision privacy fencing is required within the conditions of draft approval where existing residential properties abut the subdivision the reconstruction of the road and bridge along Sir Frederick Banting Road is anticipated to be substantially completed by December 2010 the trees in proximity to the edge of the Mattamy property have been addressed within the applicants Tree Preservation Plan C

PD201021 June 21 2010 Page 6

Issues related to the posting of speed signs and dumping were reviewed with the appropriate department Bylaw visited the subject site and signs have been posted by the land owner in an effort to prevent illegal dumping Engineering advised that 40 kmhr speed signs are presently posted on John W Taylor in the Community Safety Zone in front of the park area in accordance with Town policy

Proposed Conditions of Draft Plan Approval

The majority of the proposed conditions include those presently within the draft approval for the Northcroft portion of the development and also the updated standard conditions applied by the Town to all subdivisions relating to the provision of roads street lights services urban design fencing zoning etc A specific condition has been added requiring that sight triangles be provided by the applicant with the assistance of the Town if necessary at the intersection of Boyne Street and John W Taylor Avenue These will have to be created on land north and south of the terminus of John W Taylor at Boyne

Proposed Zoning Bylaw Amendment

The Bylaw presently requires a setback of 15 metres from an environmental protection zone of all buildings and structures unless approved by NVCA Given that the implementation of a provision of this nature would provide uncertainty within an urban setting such as the subdivision proposed the area was reviewed with the NVCA to determine that the following setback would be acceptable

Urban Residential Exception Zone on Minimum setback to Environmental Schedule A Protection Zone URI 7 0 m URl 14 12 m URl15 65m UR2 10 0 m

Swimming pools remain prohibited as per the conditions of draft approval abutting the environmental protection zone

In spite of the large size due to its irregular shape Lot 61 is subject to a one metre reduction in rear yard setback

The table on the following page outlines the bylaw provisions exceptions to which these properties are subject including the existing provisions and those presently proposed They are very specifically zoned for the style of home Mattamy develops in this community bw

PD201021 June 21 2010 Page 7

SETBACK UR17 UR114 UR115 UR210 05126 Byaw 05126 05126 05126 Lot Area 330m 330m 330m 270m Interior Exterior Lot Frontage Interior 122m 122m 122m 10m Exterior 14Om 14Om 14Om 116m for single detached Front Yard Dwelling 275m 275m 275m 275m Garage 58m 58m 58m 58m Exterior 24m 24m 24m 24m Side Yard Interior 12m 12m 12m 12 m Side Yard Rear Yard 75m 75m 65m 75m Height 11m 11m 11m 11m Lot 50x 50 50x 48 Coverage Additional 41441a 41441a 41441a 41441a Exception 4211a 4211a 4211a 4211a Provisions 6172eig6172e10 6172ei g 6172e g 619b gi619b 619b631e 619b631e 11111 13 Lot 1111a 13 Lot 1111a 1111a coverage Def n Coverage Def n 13 Lot Coverage 13 Lot Coverage Defn Defn 12m on one side and 06m on the other side provided it abuts an interior side yard of at least 12m Lot coverage excludes unenclosed roofed and unroofed porches and access steps One interior side yard setback for a single detached dwelling may be reduced to 06m provided it abuts an interior side yard of at least 12m One interior side yard may be reduced to 06m

FINANCIAL CONSIDERATIONS

There appears to be no adverse financial implications for the Town directly related to the recommendations of this report

CONCLUSION

The proposed zoning bylaw amendment draft plan and related conditions represent good planning for the Town of New Tecumseth the zoning bylaw amendment is consistent with the existing Mattamy development are consistent with the Towns Official Plan policies respecting residential development conform to the policies of the County Official Plan conform to the policies of the Growth Plan for the Greater Golden Horseshoe are consistent with the Provincial Policy Statement and have adequate regard for the criteria outlined in Section 5124 of the Planning Act IIIi O

PD201021 June 21 2010 Page 8

Respectfully submitted Reviewed by

e CIP RPP Eric andler MCIP RPP or nner Man ger of Planning jeniLitAttachments 1 Location Map 2 Proposed Plan of Subdivision 3 Proposed Conditions of Draft Plan Approval 4 Proposed Zoning bylaw Amendment PD201021 9 June 21 2010 Page

Attachment 1

Location Map

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PD201021 June 21 2010 Page 10

Attachment 2

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PD201021 Page 11 June 21 2010

Attachment 3

CONDITIONS OF APPROVAL FOR SUBDIVISION PROPOSAL 43T97009 NTT04001 MATTAMY ALLISTON LIMITED TOWN OF NEW TECUMSETH

Korsiak 1 This approval applies to the Draft Plan of Subdivision drawing prepared by for Company dated April 30 2010 which shows a total of 157 Lots detached dwellings Block175 for valley landopen space and Blocks 158 174 for 03 metre reserves

to ensure the 2 The driveway locations will be shown in locations where the road curves of proposed lot pattern can accommodate access in accordance with the requirements the Town Inability to meet such requirements may result in reconfiguration andor changes in the number of lots

the first 3 The street names shall be determined by the Town and shall be included on engineering drawings

this Plan shall be 4 Any dead ends and open sides of road allowances created by terminated in 03 metre reserves to be conveyed to the Town without monetary consideration and free of all encumbrances to be held by the Town until required for future road allowances or development of adjacent lands

5 The Plan to be registered shall show a 03 metre reserve along the exterior side yard lot to lines of all corner lots and corner blocks which reserves are to be conveyed the Town without monetary consideration and free of all encumbrances

6 The Plan to be registered shall show daylighting triangles on each corner lot in accordance with the Towns Engineering Design and Standard Specifications and to the without Drawings or as determined by the Town which are to be conveyed Town monetary consideration and free of all encumbrances

7 Prior to final approval the applicant shall endeavour to provide appropriately sized daylighting triangles to the Town free of cost and encumbrance at both the northeast and southeast corners of Boyne Street and John W Taylor Avenue An alternative arrangement satisfactory to the Town may be considered

additional 28 8 The Owner shall agree in the subdivision agreement to convey for the Draft or 1 hectare units on 326 ha 8055 acres up to 5 of the land included the Plan for per 300 residential units whichever is greater to the Town park purposes Alternatively the Town can request cashinlieu of all or a portion of the conveyance c

PD201021 June 21 2010 Page 12

9 Prior to final approval the Owner shall submit a streetscape and urban design report to the satisfaction of the Town This report shall address the Urban Design Guidelines approved by the Town on October 20 2003 and shall address at minimum the following

internal landscaping on boulevards as it relates to the road rightsofway and the location of underground services ie typical road sections incorporating boulevard trees coordination of the urban designstreetscape elements including entrance treatments and medians landscaping along walkways and singleloaded roads residential built form including illustrations for typical dwelling types with a variety of garage placements typical house placement illustrating street elevations on corner lots illustrate interfaces between residential block and open space and collector road systems privatepublic interface particularly with respect to the open space system entrance treatments and integration with or buffering for adjacent existing neighbourhoods a plan prepared by a qualified landscape architect of the walkwaytrail adjacent to John W Taylor Avenue and on the valleylandopen space Block 175 showing the location description and caliper of trees being proposed for planting design and location of walkwayspaths which shall be accessible to physically disabled persons fencing lighting structures signage and street furniture etc

10 The Owner shall agree in the Subdivision Agreement to include in all agreements of purchase and sale for lots abutting any open space woodlot or stormwater facility

Purchasers andor tenants are advised that the adjacent open space woodlot or stormwater management facility may be left in a naturally vegetated condition and receive minimal maintenance

11 Prior to final approval the Town shall be satisfied that the appropriate zoning is in effect for the proposed plan of subdivision

12 Prior to final approval the Owner shall submit a report to the satisfaction of the Town and the Nottawasaga Valley Conservation Authority NVCA demonstrating that a dwelling can be constructed on Lot 68 in accordance with the zoning setback provisions or in the alternative that Lot 68 shall be combined with adjacent lots to the west and necessary lot adjustments made to the satisfaction of the Town

13 The Owner shall agree in the Subdivision Agreement that construction access to the Plan shall be provided in a location approved by the Town

14 Final engineering designs may result in minor variations to the Plan eg in the configuration of road allowances and lotting number of lots etc which may be reflected in the final plan to the satisfaction of the Town I 3

PD201021 13 June 21 2010 Page

and construction or other 15 Prior to final approval easements required for utility drainage to the free of all charge purposes shall be created and granted appropriate authorityies and encumbrances

to final of the 16 The Owner shall agree in the subdivision agreement that prior approval shall have directed or Plan or any part thereof Council for the Town by Bylaw for such resolution that sewer and water servicing allocation has been provided portion of the Plan if any as Council deems appropriate

is 17 The Owner shall agree in the subdivision agreement that the developerOwner advised that draft approval does not in itself constitute a commitment by the Town to or treatment provide servicing access to the Towns water treatment sewage plants and Plans may proceed to registration provided there is sufficient plant capacity for new capability to serve the development Plant capacity may be allocated in development on a priority basis at the time of payment of Development Charges accordance with the Act

At all times the granting of service allocation and the acceptance of a Development and the Charge payment is conditional on the continued availability of service allocation be available to ability of the Town to provide same Should service allocations no longer the Town to commit to this development in whole or in part through whatever allocation to this circumstances the Town may remove or adjust the quantity of service the development up to the time of registration of the Plan by advising developerOwner and refunding the applicable Development Charges

the of an 18 The Owner shall agree in the Subdivision Agreement to coordinate preparation overall utility distribution plan to the satisfaction of all affected authorities

to final the 19 The Owner shall agree in the Subdivision Agreement that prior approval Owner shall enter into an agreement with Power Stream Inc or its successors for the provision of electrical services

to 20 The Owner shall agree in the subdivision agreement to retain a hydrogeologist monitor the private wells and ground water conditions for each phase of the draft Plan to the draft where assess any impact on the existing wells in the area surrounding Plan and ground water conditions may be impacted by the development of the subdivision submit reports to the satisfaction of the Town documenting the results of the monitoring supplied by the hydrogeologist

The Owner shall provide potable water to any land owner whose private well or water system is adversely impacted and to permanently rectify the problem to the satisfaction of the Town The potable water to be provided and any works to rectify the problem with the private well or water system will be at the sole cost of the owner

21 The Owner shall agree in the Subdivision Agreement

a to satisfy all requirements financial or otherwise of the Town including but not limited to the provision of roads and the installation of services and drainage CP

PD201021 June 21 2010 Page 14

b to acknowledge that the Town may require that the Owner design construct and install municipal services within the plan to a size which will accommodate the future of development lands not within the plan The parties will enter into an appropriate cost recovery agreement

c to acknowledge the intent of the Functional Servicing Study Volume 3 Master Servicing Report prepared by Stantec dated November 1999 and amendments thereto wherein consideration is to be given to the provision of services within the Owners lands to permit the development of other parcels north of the Boyne River such implementation to occur subject to the frontend agreement provisions of the Development Charges Act 1997

d to prepare a report outlining the provision of services for water sanitary stormwater traffic and utilities as outlined in b and c above including offsite impacts and financial impacts in a manner satisfactory to the Town

e to prepare an appropriate phasing plan for the development of the plan lands to the satisfaction of the Town and

f to demonstrate prior to final approval how the portion of the plan proposed to be registered is consistent with the phasing plan as approved by the Town and how financial impacts will be addressed to the satisfaction of the Town

g no building permits save and except for model homes as outlined in the Subdivision Agreement will be applied for nor issued until there is adequate road access municipal water supply sanitary sewers and storm drainage facilities are available to service the proposed development

h it will implement or cause to be implemented the recommendations contained in a report entitled Slope Stability Assessment Proposed Residential Development Northcroft Development prepared by Terraprobe Limited dated July 1998 together with a Slope Stability Assessment by AME dated September 2008 and including the establishment of the topofbank building setback and measures to mitigate surface erosion and provide for siltation control during construction

i it will implement or cause to be implemented the recommendations contained in a report entitled Hydrogeologic Evaluation Proposed Residential Development prepared by Terraprobe Limited dated July 1998 together with any required update and such further revisions including the implementation of measures at the building lot to encourage infiltration of runoff and

j it will implement or cause to be implemented the recommendations contained in a report entitled Environmental Impact Study prepared by Ecoplans Limited dated August 1998 together with any required update and such further revisions including mitigative measures for groundwater storrnwater management slope and river erosion site remediation archaeology and construction activities including slope protection W1015

PD201021 15 June 21 2010 Page

the Town to all 22 The Owner shall enter into a subdivision agreement with satisfy to such matters as the Town conditions financial or otherwise of the Town with regard of the of may consider necessary including payment development charges provision shall be roads and municipal services landscaping and fencing The said agreement registered against the lands to which it applies

and install a street 23 The Owner shall agree to design purchase materials lighting system all in compatible with the existing andor proposed systems in surrounding plans accordance with Town standards and specifications

shall be 24 The Owner shall agree that all lots or blocks to be left vacant graded topsoiled seeded maintained and signed to prohibit dumping and trespassing

25 The Owner shall agree in the subdivision agreement to construct 66 a15 metre high black chain link fence along the lot lines of Lots 33 54 62 68 and 86 91 where they abut agricultural land and valley land on 4 and 29 33 where abut b a 18 metre high privacy tight board fence lots 1 they existing residential uses and on 5 12 and 79 85 where abut c a 18 metre high privacy tight board fence lots they Town existing residential uses or an alternative to the satisfaction of the

to 26 That prior to final approval the owner complete and implement a Traffic Impact Study on Sir address the timing and impact of the reconstruction and bridge replacement Frederick Banting Road and to identify any traffic impacts that need to be addressed as part of the internal roadways and entrances to the development

27 Prior to final approval by the Town the Owner shall prepare or cause to be prepared documentation addressing the potential impacts related to noise odour dust and particulates and visual impacts related to the Alliston Wastewater Treatment Plant and include recommendations as to the sewage pumping station Such documentation shall The documentation shall be necessary mitigation measures related to these impacts submittedto the Town for approval The Owner shall agree in the Subdivision measures identified Agreement to carry out or cause to be carried out the mitigation by this documentation That the Owner shall further agree in the Subdivision Agreement to include in all agreements of purchase and sale or lease a warning clause which gives notice of the existence of a municipal Wastewater Treatment Plant and sewage pumping station that may generate impacts on the use and enjoyment of the residential lot

to cost 28 The Owner shall agree in the Subdivision Agreement that subject recovery shall be to provisions if any the following blocks on the Plan to be registered conveyed the Town of New Tecumseth a Block 175 for valley landopen space b Blocks 158 174 for 03 metre reserves

of 29 The Owner shall agree in the Subdivision Agreement to include in all agreements 68 the purchase and sale or lease a notice in respect of Lots 54 62 and 66 abutting Environmental Protection Zone that construction of an above or below grade swimming pool is prohibited c

PD201021 June 21 2010 Page 16

30 The Owner shall cause to be displayed on the interior wall of the sales office as approved by the Town prior to offering any units for sale the following

the Official Plan or Secondary Plan for the broader area showing surrounding land uses arterialshighways railways and hydro lines etc

the location of street utilities community mailboxes entrance features fencing and noise attenuation features together with the sidewalk plan approved in conjunction with draft plan approval

the location of parks open space stormwater management facilities and trails

the location of institutional uses including schools places of worship community facilities

the location and type of commercial sites

colourcoded residential for singles semis multiples and apartment units

the following notes in BOLD CAPITAL TYPE on the map

For further information on proposed and existing land uses please call or visit the Town of New Tecumseth Planning Department at 10 Wellington St East Alliston 705 4356219

For detailed grading and berming information please call the developers engineering consultant name at 11

This is on map based information available as of date of map and may be revised or updated without notification to purchasers

31 Prior to final approval the Owner shall not remove any vegetation or topsoil or start any grading of the lands without an earthworks agreement with1he Town having been executed

32 That the Owner shall prior to any site alteration and further approvals including earthworks preservicing andor subdivision agreements submit and implement to the satisfaction of the Town of New Tecumseth a Tree Preservation Study that demonstrates how the no net loss provisions of the Towns Tree Preservation and Compensation Bylaw 2008123 are being addressed including a tree inventory report identifying the location type size and quality of any trees within the Draft Plan and indicate on a lot grading plan those trees which can be preserved and the methods for protecting the same Compensation shall be provided to the Town for the loss of any trees which cannot be preserved

33 The final limits of the valleylandopen space blocks to be dedicated to the Town shall be to the satisfaction of the Town in consultation with the NVCA PD201021 17 June 21 2010 Page

be the 34 a The Owner shall agree to implement or cause to implemented entitled recommendations contained in an archaeological assessment report Archaeological Assessment Stages 1 2 and 3 prepared by Detritus Archaeological on the dated December 1998 No grading or other soil disturbances shall take place subject property prior to the Ministry of Citizenship Culture and Recreation confirming resource conservation that all archaeological resource concerns have met licensing and requirements

out an b That the Owner shall prior to site alteration carry archaeological assessment of the subject property and mitigate through preservation or resource removal and documentation adverse impacts to any significant archaeological resources found No grading or other soil disturbances shall take place on the subject property prior to the Ministry of Culture confirming that all archaeological resource concerns have met licensing and resource conservation requirements

NVCA 35 Prior to the clearance of this condition and prior to any grading or construction on the site the following be prepared and submitted to the satisfaction of the Nottawasaga Valley Conservation Authority NVCA and Town

of a A detailed Stormwater Management PlanReport including confirmation pond capacity

b Erosion Control Plan

C A detailed grading plan

d A Design Report addressing infrastructure within the valley land addressing mitigativerehabilitation measures

e A geotechnical slope stability analysis

in 36 All required Stormwater Management facilities necessary for the Plan must be place for structures prior to any site grading on any lands within the Plan any

to the 37 The Owner shall agree in the Subdivision Agreement in wording acceptable and measures NVCA to carry out or cause to be carried out the recommendations contained within the plans approved under Condition 35 above

38 A clause be included in the Subdivision Agreement which requires a qualified professional acceptable to the NVCA to certify in writing that the works were constructed in accordance with the plans reports and specifications as approved by the NVCA W

PD201021 June 21 2010 Page 18

39 Prior to any works within the valley lands a permit shall be obtained from the NVCA under the Conservation Authorities Act

40 Prior to any removal movement or placement of fill or construction on the lands the appropriate sediment and erosion control measures shall be installed as approved by the NVCA and financially secured to the satisfaction of the Town

Canada Post 41 The Owner shall agree in the Subdivision Agreement to consult with Canada Post Corporation and the Town to determine suitable locations for the placement of community mailboxes and to indicate these locations on appropriate servicing plans

42 The Owner shall agree in the Subdivision Agreement to provide the following for each community mailbox site and include these requirements on appropriate servicing plans

a an appropriately sized sidewalk section concrete pad as per municipal and Canada Post standards on which to place the community mailboxes The developer further agrees to provide these cement pads during sidewalk pouring and will notify Canada Post of the locations as they are completed

b any required walkway across the boulevard as per municipal standards and

c any required curb depressions for wheelchair access

43 The Owner shall agree in the Subdivision Agreement

a in consultation with Canada Post and the Town to determine suitable locations for the placement of community mail boxes and to indicate these locations on appropriate servicing plans

b to circulate Canada Post Corporation as to the municipal civic addressing once the Plan is registered for the purpose of postal coding of new addressing

C to agree to include on all offers of purchase and sale a statement which advises the prospective purchaser that mail delivery will be from a designated community mailbox and

d to be responsible for officially notifying the purchasers of the exact location of the community mailboxes prior to closing of any home sales with specific clauses in the purchase offer on which the home owner does sign off

Simcoe County District School Board 44 The Owner shall agree prior Final Approval of the Plan to enter into an Agreement satisfactory to the Simcoe County District School Board for the acquisition of a Public Elementary School Site with respect to Block 152 of Registered Plan 51M895 ow so q

PD201021 19 June 21 2010 Page

in to the 45 The Owner shall agree prior to registration of the Plan wording satisfactory Simcoe County District School Board

to conform to the overall a to grade the Public Elementary School site Block 152 disturbed in grading plan of the Subdivision and in doing so replace any topsoil same time seed the disturbed lands in a manner the grading process and at the acceptable to the Board

and removal of b to provide a letter of credit to the Board pertaining to stockpiling topsoil on Block 152 to the satisfaction of the Board

of written notice the c to remove stockpiled topsoil on Block 152 within 30 days by Board and in doing so compact fill with clean material replace any topsoil disturbed in the grading process and at the same time seed the same lands

as be d to construct a chain link fence along all boundaries of the school block may required including road frontages to the satisfaction of the Board

e to erect and maintain a sign on the Public Elementary School site at such time as the relevant access roads are constructed indicating the date has not yet been set for the construction of the school and that the school site is not guaranteed and that pupils may be directed to schools outside of the area and

f to provide the foregoing at no cost to the Board

46 The Owner shall submit to the Simcoe County District School Board at no cost to the Board a report from a qualified consultant concerning

a the suitability of Block 152 for construction purposes relating to soil bearing surface factors as represented in the site geotechnical investigation report drainage and topography as described in the approved engineering drawings and environmental contaminants to the extent that past land usage visual inspection of the ground surface any observations recorded in borehole logs and such other investigations and reports undertaken by the Owner for the general development of the site would be able to determine environmental contamination and

b the availability of natural gas electrical storm sewer services a satisfactory water supply and an acceptable method of sewage disposal

the 47 The Owner shall agree prior to registration of the Plan in wording acceptable to Simcoe County District School Board that the services referred to in Condition 46 have been installed to the midpoint and to the property line of the school site frontage and positioned as designated by the Board and Town of New Tecumseth at no cost to the Board

48 The Owner shall agree prior to registration of the Plan that in respect of Block 152 to submit to the Simcoe County District School Board for review and approval a copy of APTb PD201021 June 21 2010 Page 20

the engineering plans which indicate the storm drainage system and the overall grading plans for the lands within the Plan

49 The Owner shall agree in the Subdivision Agreement to include in all offers of purchase and sale a statement that advises the prospective purchaser that the public schools on designated sites in the community are not guaranteed Attendance at schools yet to be constructed in the area is also not guaranteed Pupils may be accommodated in temporary facilities andor be directed to schools outside of the area

50 The Owner shall agree in the Subdivision Agreement to include in all offers of purchase and sale a statement which advises the prospective purchaser that school busses will not enter cul de sacs and that pick up points will generally be located on through streets suitable to the Board Additional pick up points will not be located within the Subdivision until major construction activity has been completed

Simcoe Muskoka Catholic District School Board 51 The Owner shall agree in the Subdivision Agreement to include in all offers of purchase and sale a clause advising prospective purchasers that pupils from this development attending educational facilities operated by the Simcoe Muskoka Catholic District School Board may be transported toaccommodated in temporary facilities out of the neighbourhood schools area

52 Prior to final approval the Town is to be satisfied that Conditions 2 18 20 33 35 41 and 43 have been satisfied

53 Prior to final approval the Town is to be advised in writing by the Power Stream Inc or its successors how Conditions 18 19 have been satisfied

54 Prior to final approval the Town is to be advised in writing by the Ministry of Culture how Condition 34 has been satisfied

55 Prior to final approval the Town is to be advised in writing by the Nottawasaga Valley Conservation Authority how Conditions 12 33 and 35 40 have been satisfied

56 Prior to final approval the Town is to be advised in writing by Canada Post Corporation how Conditions 41 43 have been satisfied

57 Prior to final approval the Town is to be advised in writing by the Simcoe County District School Board how Conditions 44 50 have been satisfied

58 Prior to final approval the Town is to be advised in writing by the Simcoe Muskoka Catholic District School Board how Condition 51 has been satisfied

59 Prior to final approval the Town is to be advised in writing by the utility providers how condition 18 has been satisfied CW10 a l

PD201021 21 June 21 2010 Page

NOTES TO DRAFT APPROVAL

Draft and to ensure that 1 It is the Owners responsibility to fulfil the conditions of Approval the the required clearance letters are forwarded to the Town of New Tecumseth quoting file number

144 of the Land Titles Act and 2 We suggest you make yourself aware of section subsection 7810 of the Registry Act

of land Subsection 1441 of the Land Titles Act requiresthat the Plan of Subdivision Titles Act that is located in a land titles division be registered under the Land Exceptions to this provision are set out in subsection 1442

Subsection 7810 of the Registry Act requires that a Plan of Subdivision of land that is Act unless that located only in a registry division cannot be registered under the Registry title of the Owner of the land has been certified under the Certification of Titles Act Exceptions to this provision are set out in clauses b and c of subsection 7810

3 It is suggested that the Municipality register the Subdivision Agreement as provided by subsection 516 of The Planning Act RSO 1990 against the land to which it applies as notice to prospective purchasers

4 The Owner should appreciate that this Application has not been reviewed by the Ministry of Environment with respect to the testing of soil contamination soil gases or any other subsurface conditions that might affect the viability or suitability of the site for the or all of the intended use If the Owner requires assurance with respect to any foregoing it should engage qualified professionals to conduct the site inspection

the 5 If during the course of developing this property waste material is discovered Ministry of Environment should be notified immediately since further approval pursuant to the Environmental Protection Act RSO 1990 may be required from the Ministry of Environment

6 If Final Approval is not given within three years of Draft Approval and no extensions have been granted Draft Approval shall lapse under Section 5132 of the Planning Act an Draft RSO 1990 as amended If the Owner wishes to request extension for Approval of the Council of a written explanation must be submitted and approved by Resolution the Town of New Tecumseth prior to the lapsing date

7 The Nottawasaga Valley Conservation Authority will require a fully executed Subdivision Agreement prior to providing a clearance letter to the Town

8 The Simcoe County District School Board will require a fully executed Subdivision Agreement prior to providing a clearance letter to the Town

9 The Simcoe Muskoka Catholic District School Board will require a fully executed Subdivision Agreement prior to providing a clearance letter to the Town V

PD201021 June 21 2010 Page 22

Attachment 4

THE CORPORATION OF THE TOWN OF NEW TECUMSETH

BYLAW

Number 2010XX

AMENDMENT NO XXX TO RESTRICTED AREA BYLAW NO 96103

A Bylaw to amend Bylaw No 96103 of the Town of New Tecumseth to Rezone Part of Lot 1 Concession2 former Township of Essa

WHEREAS Bylaw No 96103 is the Comprehensive Zoning Bylaw of the Corporation of the Town of New Tecumseth

AND WHEREAS Part of Lot 1 Concession 2 former Township of Essa is zoned by Bylaw 96103 Agricultural Al Urban Residential 1 Exception URl7H Urban Residential 1 Exception URI 14H Urban Residential 1 Exception URI 15H and Urban Residential 2 Exception UR2 10H

AND WHEREAS the Council of the Corporation of the Town of New Tecumseth received a request to amend Zoning Bylaw 96103 by rezoning Part of Lot 1 Concession 2 former Township of Essa to permit the development of the lands for singledetached dwellings and conservation related uses

AND WHEREAS the amendment is in accordance with the Official Plan of the Town of New Tecumseth

AND WHEREAS the Town is satisfied that adequate sanitary water stormwater management and transportation services and facilities are or can be made available to service those lots

NOW THEREFORE the Council of the Corporation of the Town of New Tecumseth hereby enacts as follows W Ja a3

PD201021 23 June 21 2010 Page

1 That the following new section be added following Section 619a

b Outdoor swimming pools are prohibited within the Urban Residential Exception URl7 Zone Urban Residential Exception URl14 Urban Residential Exception URl15 and Urban Residential Exception UR210 Zones where such Zones abut an Environmental Protection EP Zone

to the 2 Notwithstanding the provisions of Subsection 69 Zone Provisions hereto on Schedule A to this contrary the lands zoned Urban Residential 1 Exception URI 15 Bylaw shall be subject to a 65 metres rear yard setback

3 That the following new section be added following Section 11

11111 Exceptions

Notwithstanding the provisions of Section 11 Setback from the Environmental Protection Zone EP to the contrary the following special provisions shall apply with respect to any building or structure

Urban Residential Exception Zone on Minimum setback to Schedule A Environmental Protection Zone UR17 0 m URl14 12m URl15 65m UR2 10 0 m

4 That Schedule A to ByLaw 96103 be and is hereby amended in accordance with the zones shown on Schedule I to this bylaw

5 That Schedule 1 attached hereto is hereby declared to form part of this bylaw

6 That this bylaw shall be cited as Amendment No XXX to Restricted Area Bylaw 96103

7 That this ByLaw shall come into force and take effect pursuant to the provisions of and Regulations made under the Planning Act

READ A FIRST SECOND AND THIRD TIME AND FINALLY PASSED THIS XXth DAY OF XXXXXX 2010

MAYOR

CLERK Cv

PD201021 June 21 2010 Page 24

Schedule 1 to Bylaw 2010 XX

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REPORT PD201022

ZONING BYLAW AMENDMENT MARY NORDSTROM WALKER NOTT DRAGICEVIC ASSOCIATES LTD ON BEHALF OF LYNDA MCMILLAN SOUTH PART LOT 10 CONCESSION 6 TH 61706 LINE TOWN OF NEW TECUMSETH DEV 279

RECOMMENDATION

THAT Planning Department Report PD201022 be received

THAT Zoning Bylaw Amendment application file DEV 279 submitted by Mary Nordstrom of Walker Nott Dragicevic Associates Ltd on behalf of Lynda McMillan to rezone the subject property from Agricultural Al to AgriculturalException A113 be approved and

as Attachment No 3 be THAT a Zoning Bylaw Amendment substantially in the form included brought forward for Councils consideration at the Council meeting on June 28 2010

OBJECTIVE

with The purpose of this report is to provide Committee of the Whole and Council background DEV information and a recommendation concerning Zoning Bylaw Amendment File 279 Mary Nordstrom of Walker Nott Dragicevic Associates Ltd on behalf of Lynda McMillan hereinafter referred to as the applicant

BACKGROUND

LOCATION

The 34 hectare 84 acre property is located on the north side of the 6h Line west of the 10h Sideroad with frontage on both roads as illustrated on Attachment 1 Existing structures on the as well as property include a barn with the attached help house a hay barn and a storage barn a site visit numerous horse paddocks as indicated by the applicants and observed during

The applicants at the February 25 2010 Committee of Adjustment meeting sought an increase to the help house through an application for a minor variance Planning Staff did not support the denied application as it did not meet the tests of a minor variance The Committee the application and the applicants have now submitted the current Zoning Bylaw amendment application

SURROUNDING LAND USES

North Agricultural and Residential Land Uses zoned Agricultural Al South Agricultural and Residential Land Uses zoned Agricultural Al East Agricultural and Residential Land Uses zoned Agricultural Al West Agricultural and Residential Land Uses zoned Agricultural Al Report PD201022 v C June 21 2010 Page 2 of 4

COMMENTS AND CONSIDERATIONS

PROPOSAL

An agricultural operation consisting of horse farming and some crop farming has been operating on the subject property by the applicant since 2004 This operation required full time farm help and the construction of a farm help house which currently exists attached to the existing barn on the property

The applicant is requesting approval of a Zoning Bylaw Amendment which if approved would a addition permit 139m2 to the existing farm help house in advance of the construction of a single detached dwelling on the subject property The current help house as attached to the barn is approximately 111m2 and the proposal would provide for a total area of 250m2 The original application sough an increase to 241 m2 however during a review of the building plans submitted with the application it was determined that the addition actually amounted to 139m2 Additionally the applicants informed Planning Staff that that the existing help house was larger than included with the application to the sum of 116m2 rather than 111M2 for a total of 255mq

TOWN OF NEW TECUMSETH OFFICIAL PLAN

The subject property is designated Rural and Environmental Protection 1 The Rural designation permits single detached residential dwellings and accessory residential uses on farm properties subject to Section 6244 Accessory Residential Uses on Farm Properties This Section permits the establishment of additional dwelling units on a commercial farm for bona fide farm help provided the lands are appropriately zoned the Agricultural Al zone permits farm help houses as accessory uses subject to various criteria Section 6244 also outlines various requirements for the establishment of a farm help house

Section 631 of the Official Plan states that the objective of lands designated Rural are to among others provide for a diverse range of economic and social activities associated with rural communities agricultural tourism and recreation and resource uses No development is proposed within the portion of the property designated Environmental Protection 1

The subject application conforms to the Official Plan

COMPREHENSIVE ZONING BYLAW NO 96103

The subject property is currently zoned Agricultural Al The Al zone permits help houses as single detached dwellings to a maximum size of 116m2 There is an existing help house on the property attached to the farm buildings that was permitted by way of minor variance application A1503 at a time when a single detached dwelling was not present

The applicant wishes to increase the maximum gross floor area of the existing farm help house and is seeking to permit a 139m2 addition to an existing farm help house for a total size of 255m2 in advance of the construction of a single detached dwelling through the proposed Zoning Bylaw amendment application

COUNTY OF SIMCOE OFFICIAL PLAN

The subject property is designated Rural Agricultural in the County of Simcoe Official Plan Section 332 of the County Official Plan states that in the Rural Agricultural and Greenlands Designations only one detached dwelling may be located on an existing lot subject to appropriate zoning It further states that local municipal bylaws and official plans may make provision for semi detached dwelling units accessory apartments structures providing NJ

Report PD201022 June 21 2010 Page 3 of 4 accommodation for temporary or seasonal farm help garden suites or other temporary accommodations subject to the availability of access and servicing

The subject application conforms to the County of Simcoe Official Plan

PROVINCIAL POLICY STATEMENT PPS

Section 1141 of the PPS states that in rural areas located in municipalities development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted

The subject application conforms to the Provincial Policy Statement

AGENCY COMMENTS

to On April 23 2010 a memo outlining the proposed Zoning Bylaw Amendment was circulated all Town departments and required agencies In addition Notice of a Public Meeting was circulated to all required agencies We have received comments from the following departments and agencies who have no issues with the proposed Zoning Bylaw Amendment

The Town of New Tecumseth Fire Department The Town of New Tecumseth Administration Department The Town of New Tecumseth Technical Services Department The Town of New Tecumseth Finance Department The Town of New Tecumseth Building Standards Department The Town of New Tecumseth Public Works Department The Nottawasaga Valley Conservation Authority The Simcoe County District School Board Enbridge Gas Distribution Inc and Rogers Communications Inc

The Town of New Tecumseth Engineering Department in their memo dated May 13 2010 offer the following comment

The property is not subject to site plan control as the property is and will be zoned Agricultural and It is recommended that the future single detached dwelling be serviced with separate private water septic systems there are no municipal servicing concerns

the The concerns raised by the Engineering Department are matters which will be addressed by applicants during the building permit process for the principle dwelling

PUBLIC MEETING

A public meeting was held June 9 2010 There were no members of the public that had any comments or questions about the proposed application

ANALYSIS

The addition to the existing farm help house will enable an existing horse farm operation to continue The proposed addition will provide for an additional 139m2 to be added to the existing farm help house or an increase of 1198 Report PD201022 June 21 2010 Page 4 of 4

The applicants have indicated that the addition to the help house is required to enable them to continue to provide 24 hour supervision of the horse farm operations Given the large size of the property and the fact that the help house is attached to the existing horse barn Planning staff do not anticipate a negative land use impact as a result of the addition Additionally given the owners intentions to build a farm operator principle dwelling home concurrently with the addition which will allow for the maintenance of the existing agricultural operation Planning staff are of the opinion that the additional size of the help house is appropriate

The proposed addition satisfies the criteria for the establishment of a help house as set out in Section 6244 of the Towns Official Plan Additionally aside from the provisions sought to be amended the application satisfies the criteria for the establishment of a help house as set out in Section 512 of the Zoning Bylaw

On this basis Attachment No 3 addresses the following matters

Permitting an increase in the maximum allowable gross floor area of a farm help house from 116m2 to 255mz and Permitting the construction of a farm help house in advance of the construction of a single detached dwelling

CONCLUSION

The application for a Zoning Bylaw Amendment is consistent with the Provincial Policy Statement and is in conformity with the County of Simcoe Official Plan and the Town of New Tecumseth Official Plan Planning Staff are satisfied that approval of the application would not have any adverse impacts on the surrounding area and represents good planning

FINANCIAL CONSIDERATIONS

There are no financial considerations as a result of this report

Respectfully submitted Reviewed by jk Tim Schilling MCIP RP Eric andler MCIP RPP Intermediate Planner Ma ger of Planning

ATTACHMENTS

1 Location Map 2 Sketch of Subject Property 3 Draft Zoning Bylaw Amendment Attachment No 1 Location Plan

W S

KEY 000 4

Legend

Subject Property

6170 6th Line Created and produeed by Me Planning Depaoaent February 3 2010

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THE CORPORATION OF THE TOWN OF NEW TECUMSETH

BYLAW

Number 2010XXX

AMENDMENT NO 120 TO RESTRICTED AREA BYLAW NO 96103

A Bylaw to amend Bylaw No 96103 of the Town of New Tecumseth 6170 6 Line to permit a 255 m2 help house on the South Part Lot 10 Concession 6

WHEREAS Bylaw No 96103 is the Zoning Bylaw of the Corporation of the Town of New Tecumseth

AND WHEREAS the Council of the Corporation of the Town of New Tecumseth has No 96103 the received a request to amend the provisions of Zoning Bylaw by rezoawg of the subject property to permit an addition to an existing farm help house in advance with this construction of a farm operator single detached dwelling and is in agreement request

AND WHEREAS the amendment is in accordance with the Official Plan of the Town of New Tecumseth

NOW THEREFORE the Council of The Corporation of the Town of New Tecumseth hereby enacts as follows

1 That Section 512 of Bylaw No 96103 is amended by adding the following subsection

5121 Exceptions

a Notwithstanding the provisions of subsections 512 Help Houses the lands zoned AgriculturalException A113 on Schedule E to this By law may be permitted to be used for a help house with a maximum floor area of 255 m constructed in advance of a single detached dwelling occupied by a farm operator All other provisions of subsection 512 shall continue to apply

2 That Schedule E to Bylaw 96103 is hereby amended by rezoning the area as shown on Schedule 1 attached here from Agricultural All to AgriculturalException AV13

3 That Schedule I attached hereto hereby forms part of this Bylaw

4 That this Bylaw shall be cited as AmendmentM 120 to Restricted Area Bylaw 96103

of the 5 That this Bylaw shall come into force and effect pursuant to the provisions Regulations made under the Planning Act

READ A FIRST SECOND AND THIRD TIME AND FINALLY PASSED THIS 28TH DAY OF JUNE 2010

MAYOR

CLERK Town of New Tecumseth

SCHEDULE1

To Bylaw 2010XX

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BEETON

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Lands Subject to Amendment No 120 6170 6h Line COMMITTEE OF THE WHOLE June 21 2010

REPORT ENG201011

STREET NAMING POLICY

RECOMMENDATION

That the Council of the Town of New Tecumseth receive Engineering Report 201011 and That the Council of the Town of New Tecumseth adopt the Street Naming Policy for the naming of future roadways within the Town as attached to report ENG201011

OBJECTIVE

This report has been prepared further to Councils direction for Staff to create a policy regarding the placement of the poppy symbol on municipal street name signs Staff have also created a formal Street Naming Policy for Councils consideration that would replace the former Council Resolutions 92948 and 2001621 presently followed for street naming It includes the recommended use of veterans names as street names and the use of the poppy symbol on street signs utilizing veterans names

BACKGROUND

As per Council Resolution 2010013 wherein the Council of the Town of New Tecumseth adopted the minutes from the February 1s 2010 Committee of the Whole meeting directing Staff to seek input from the local Legions with respect to the Poppy symbol on Street Signs Specifically

that Staff be directed to work with the area Legions to develop a policy regarding the placement ofpoppies on street signs and report back to a future meeting

COMMENTS AND CONSIDERATIONS

The purpose of a Municipal Street Naming Policy is to provide direction to Staff to ensure uniformity and consistency with regard to requests for street names as well as the selection of names for use in proposed developments It would also address Councils concern of how the poppy symbol is to be used for street naming applications In addition to the direction by Council Staff are proposing that a comprehensive street naming policy replace the former Council Resolutions Resolution 92948 and resolution 2001621 that the Town Staff currently follows It is important to ensure that all requested names and names provided by local agencies such as the Royal Canadian Legion are given the appropriate consideration and order for use Additionally this Policy sets out the procedure for name submissions to ensure the Towns heritage is maintained The Policy includes the procedure for how Staff would present those names to Council for evaluation of their appropriateness and suitability Summary of Information Provided bV the Local Branches of the Royal Canadian Legion Staff hand delivered letters to the Alliston and Tottenham Branches of the Royal Canadian Legion requesting their input and recommendations further to the current Street Naming procedure Due to the operating hours of the Four Freedoms Beeton branch of the Legion Staff sent correspondence via letter mail A representative from each of the Legions was able to confirm receipt of the letter by the appropriate person June 21 2010 ENG 201011 Page 2 of 3 The correspondence from the Legions regarding the use of veterans names and the poppy symbol has been summarized below

Alliston Le ion Tottenham Legion Beaton Legion

The Alliston Legion agrees The Tottenham Legion did not It is the position of the Beaton with the Towns current provide any information Legion that any war veteran procedures in that the Poppy further to their agreement with whether lost in battle or symbol be used to denote the Towns current Street returned home with their only those veterans that gave Naming Policy permission if living is the ultimate sacrifice or deserving of having their peacekeepers killed in a name used for street naming mission applications The Alliston Legion has The Beeton Legion has recommended that the Poppy recommended that the Poppy on all street Symbol appear to the left of Symbol appear named after the name on street signs It signs any war was also specified that street veterans names could be selected based on any veteran whether living or passed on

Summary of Information from Ontario Municipalities Staff located the Street Naming Policies of nine 9 Municipalities City of London Town of Orangeville City of Windsor City of Guelph Town of Richmond Hill Town of the Blue Mountains City of Hamilton City of Mississauga and the Town of Halton Hills Staff have used this information to assist in the preparation of a formal Town of New Tecumseth Street Naming Policy for Councils consideration Out of nine 9 municipalities for which Street Naming Policies were found in service Three 3 specifically use the names of only those veterans that lost their lives for street naming applications The poppy symbol is included on these street signs Three 3 use the names of all veterans for street naming Of these three 3 municipalities two 2 use the poppy symbol for all streets named after veterans in as The City of Windsor names streets after warsbattles that Canadians fought such Ypres Umy Lane Dieppe etc but not necessarily after specific veterans The poppy symbol is included on those street names attached hereto as A detailed summary of the information from other municipalities has been Attachment No I The proposed Street Naming Policy appended as Attachment No 2 includes a detailed in explanation of the submission process for names as well as the use of the poppy symbol from street signing applications Occasionally the Town will receive street name requests members of the public Generally it is the Towns current practice to have public requests submitted to the Clerks Department and presented to Council for consideration Depending on to the the outcome of Councils decision the Engineering Department may be advised add lists of names have been included as name to the list of approved street names The current Attachment No3 As part of the proposed Street Naming Policy Staff recommends that public OW

June 21 2010 ENG 201011 Page 3 of 3 requests will continue to be submitted in writing to the Clerks Department for consideration by Town Council

CONCLUSION

This report has been prepared to provide Council with Staffs recommendation for the use of the Poppy Symbol in street naming applications Each local branch of the Royal Canadian Legion has a different view on which veteran names can be used for street naming and when it is appropriate to use the Poppy Symbol The Alliston and Beeton branches of the Royal Canadian Legion stated that any veteran whether living or passed on should be eligible for street naming applications However the branches did not respond the same with respect to the use of the Staff recommends that the poppy symbol in street naming applications As such poppy symbol that were lost in service accompany all street name signs that honor veterans or peacekeepers both the Town or returned home This is in keeping with the current Street Naming Policies for of Richmond Hill and the Town of the Blue Mountains If a request is received for the poppy symbol to be added to the sign of an existing roadway named after a veteran Staff will accommodate the request if there is sufficient space on the existing sign for the placement of the poppy If not Staff will wait until the sign is due for replacement under normal maintenance at which time the poppy symbol can be added to the new sign unless otherwise directed by Council

Staff have prepared a formal Street Naming Policy for Councils consideration to ensure all requests and additions to the street naming lists are examined using the same criteria and that there is an established process by which names are selected The proposed Policy also recommends that submitted names will be listed in alphabetical order and chronologically dependant on which war or peacekeeping mission was served in and the surname of the individual It includes the original contents of the former Council Resolutions Resolution 92 948 as amended by Resolution 2001621 used for street naming as well as further information that will assist Staff with street naming applications

FINANCIAL CONSIDERATIONS

There are no financial implications associated with this report

Respectfully submitted

lrVjjrrpp Louis Wickline Rick Vatri Engineering Coordinator Manager of Engineering

Attachment No 1 Summary of Information Provided from Other Municipalities Attachment No 2 Recommended Street Naming Policy Attachment No 3 Current Street Naming Lists for Alliston Tottenham and Beeton ttachment No 1

Municipalities Street Naming

Use Veterans for naming of Use Guidelines Poppy SymbollSpecial involvement of private i How Streets Sign Sources Requests are generated

Can Street Name denificabon signs ceived from the Yea Cry Residents who bat Armed Royal City of London i are a depicted win poppy ntlian L Armed 1their fives m action errDrmtl of epion ces etc who haserved

Yea Namesof Grangewle Names Town of iroaidentlwhodied in action A PoPPy WW arFa s ProviEed the R Canadian Canadian Legion will be by oyal Orangeville Idurig ww I a IL ame the the dame on me areal 1 sign Legion Kama Wer consideredCeaadi40wRal

INo Some Streets are named battles CandWns Poppy symbols were added to of fought City Ngndsorafter SIMM name named after No m Ie Ypres Vary Lane sips iformation No inbrtnalion battles Canadians in Dieppe etc tough

Sraelseanbenemed at POPPY Symbols appear next to City Guelph No IMnnag lyyes Guelphs war easSeNes theti name No infmmation

Yea After tmo reaiderb Mo have tort disk fives Town wNle serving of The POPPY symbol is b be used the CMWM Armed Foroes a No Information No Richmond HM for all veteran steal names information most who have Served in are Sane armed lucae

Streelsoanbenrod Yes FOmal wman Submission to the laderresidenbwanloat Seer a imd me plerWng Building Services Town of the ua QV9S Mde win tla SPW algnage saving Names are symbol is to be used for Department Reonwed from any pWtic MM Amid Forces l Poppy dICaadian or epmhmed than submitted b as Velemn Street nertaa agency served in the same arose Caaa coneadam wqh drag haveforce plan dAwbliniFOn

Developers submits g steal name PODuse s as panof dIe daft afrmdd abrrll8llola edddn8 in as Part Of the malnlairc a of plan pm ldt City list in city HOMMOR Nokaomafgn the axtedddiSemranyraanme draft plan Man adtldgn to suhnissana from has lirtorfgparsanal dtvabPm aft am Proposed developers SigdnAarrte

1yes same streets be named fter VabshW S long as Names ban be SLM WAed as pad city of of a Subdivision No rdornalbn subnisw n Received from any Public Mississauga provided with the mquWL City also has a name bank of icy mnttardb use of unused names IFaMmatM none for a street

Street nwV mat WomOtes henlegekci ales pmaora that Town of Submitted vim Hatton made o W sft Mr inbutim b pan of No information Srbdi Received from any pudic Hies ilocaWroader canmurvly OnS o by dibens for Courail Consideration any iConsent of living person or a ideceased persons bandy Attachment 2

THE CORPORATION OF THE TOWN OF NEW TECUMSETH

Subject Title Street Naming Policy Procedures and Practices

Corporate Policy Approved by Council X Date Approved Motion No Administrative Policy Approved by CAO ByLaw No

Department Procedure Approved by Mgr Name of Dept Engineering Department

Town of New Tecumseth Policy Procedure and Practices

This Policy has been created to aid the Staff of the Town of New Tecumseth with street naming applications specifically to ensure that the Towns heritage and history is reflected where possible through the naming of Municipal streets This policy will outline the procedure for names to be added to the street naming lists how Staff would present the names to Council for their consideration and how the poppy symbol is to be incorporated into those streets named after veterans

The process for adding a name to one of the street naming lists shall be as follows

1 That any member of the public or public agency can by way of written request to the Clerks Department make a recommendation for the addition of a name to one of the Towns Street Naming Lists 2 That only those names of persons who have resided within the communities of Alliston Tottenham Beeton or the former Township of Tecumseth be considered for addition to the streetnaming list for the appropriate community 3 That the name is accompanied by supporting documentation explaining the historical significance and then presented to Council for consideration Pending Councils decision the name will be added to the appropriate existing street name list ie Alliston List Beeton List or Tottenham List 4 That Council consideration of when a name is to be used should be provided to Staff at the time of its addition to the appropriate street naming list ie use now use for next new roadway development or add to the bottom of the list 5 That over time the names of veterans would be added by Staff with the assistance of the local branches of the Royal Canadian Legion These additional names would be added to the appropriate street naming list and used in the order outlined in this Policy 6 That Staff maintain an up to date listing of the available names for street naming purposes for each of the communities Alliston Beeton Tottenham and former Township of Tecumseth

PolicyProcedure Page 1 of 3 The criteria for the selection of street names by Staff for presentation to Council shall be as follows

1 That the Council approved street name list be used as the source of street names 2 That generally only last names surnames will be considered for street naming applications unless otherwise directed by Council 3 That duplicate names will not be considered to prevent confusion to emergency services ie Smith Street Smith Avenue etc 4 That similarly spelled or pronounced names will not be considered to prevent confusion to emergency services ie Smith Avenue Smyth Avenue etc 5 That all war veterans both living or deceased be considered for street naming purposes and that a poppy symbol accompanies all of those names on the street sign to the left of the name Veterans still living must give permission for their name to be used for street naming applications 6 That proposed street names must not contain any symbols such as 1 etc 7 That names will be selected in chronological order ie WWI followed by WWII followed by peacekeepers killed in a mission etc or as previously directed by Council

Staff will provide the street names for a development at or prior to the time of the first submission of the detailed Engineering Drawings

Street Name Suffixes

The Town of New Tecumseth proposes the following street name suffixes and appropriate uses

Avenue Grove South Boulevard Heights Square Circle Highlands Street Court Lane Terrace Crescent North Trail Drive Parkway View East Place West Gardens Ridge Way Gate Road

Note North South East and West are reserved to indicate the direction of the roadway where applicable

PolicyProcedure Page 2 of 3 The following table outlines the appropriate street name suffix by the type or style of roadway

Street Name Suffix Criterion Avenue Boulevard Drive Parkway Road Major thoroughfares and roadways that are Street Way several blocks in length Lane Trail Grove Heights Highlands Local roadways or those that are short in Ridge Terrace View length Crescent Applicable to roadways that have entry at two access points from another roadway Circle Court Place Square Gardens Applicable to Culdesac or nothru roadways Gate Applicable to short roadways that serve as the entrance point to a subdivision area or community Lane Minor access roads laneways and streets enerall used for service

PolicyProcedure Page 3 of 3 NAMES OF VETERANS NAMING OF STREETS

VETERAN NAME SUBDIVISION NAME STREET NAME DATE

TOTTENHAM

WWI 19141918 Carter Robert Arvida Carter Court Casserle Cyril LRG Casserley Crescent April 2008 Donnan Thomas W LRG Donnan Drive April 2008 Douglas Edward Used in Alliston Douglas Drive Ellison Aubrey D Used in Beaton Ellison Avenue Gunning Ambrose Arvida Gunning Crescent Jenkins James LRG Jenkins Avenue April 2008 Martin David G LRG Martin Trail April 2008 McCabe Charles Nordstar McCabe Boulevard April 2008 McCurdy Lome H Arvida McCurdy Drive McKay Robert Ballymore McKay Avenue April 2008 Nelson Mark B Used in Alliston Nelson Street Pettit William C Used in Tottenham Pettit Court Pridham Richard LRG Pridham Place April 2008 Proctor John Nordstar Proctor Place April 2008 Sharpe Joseph J Nordstar Sharpe Street April 2008 S ch Wilfred LRG Stych Street April 2008 S die John Ballymore Sydie Lane April 2008 In New Tec off of the Train Street Train Verner E 13 Line Turner James Nordstar Turner Trail April 2008 Walls Wilfred C Nordstar Walls Lane April 2008 Weaver Ralph L Nordstar Weaver Avenue April 2008 Webb Oscar Ballymore Webb Trail April 2008 Wilson Norman D Used in Tottenham Wilson Street

WWII 193944 Hawke Charles Ballymore Hawke Crescent April 2008 Jackson Grant Ballymore Jackson Drive April 2008 Jackson Ross Keogh William Used in Tottenham Keogh Street McGovern Joseph Pierce Thomas Ballymore Pierce Place April 2008 Frady Nicholas Roy Wallace Ballymore Roy Road April 2008 Schwalm George Watson William Ballymore Watson Drive April 2008 Williamson Ward NAMING OF STREETS

NAME SUBDIVISION NAME STREET NAME DATE

BEETON

Pitel Dr David W and Sandra F As per Resoln2008060

WW i Veterans 19144918 Names Listed on Boston Cenotaph WW 8 Veterans 19591946 Private Request Legion Request NAMES OF VETERANS NAMING OF STREETS VETERAN NAME SUBDIVISION NAME STREET NAME DATE

Kenned D Keogh former Principal Used in Tottenham Kidd Wallace Mattam Subdivision Kidd Crescent March 2005 Kierman H Rizzardo West Phase 3 Kierrnan Cres Nth Sth February 2007 Kin James Name in existence Lemon Hugh Rizzardo West Phase 3 Lemon Lane February 2007 Lemon Jack Rizzardo West Phase 3 Lemon Lane February 2007 Mason T Steward Michaelis Albert Milne Geo e Name in existence Milne Wilfred Name in existence Mooney Wesley Mattam Subdivision Mooney Trail March 2005 Moorby Donald Morrison John Rizzardo West Phase 3 Morrison Avenue February 2007 Mowder Robert Nelson Mark Name in existence NunnHany Mattam Subdivision Nunn Crescent March 2005 Nunn W Mattam Subdivision Nunn Crescent March 2005 Owens pormerPrincipal Paddison Nelson Mattam Subdivision Paddison Place March 2005 Parker H Peacock W Harry Phillips Alex Rizzardo West Phase 3 Phillips Court February 2007 Preston William Used in West Alliston Preston Avenue Rile N Mattam Subdivision Rile Road March 2005 Ruthven AM Used in Schickedanz Ruthven Crescent June 2003 Ruthven J Llo d Schictedanz Ruthven Crescent June 2003 Ryan T Rizzardo West Phase 3 Ran Road February 2007 Scott AHC Rizzardo Phase 11 Scott Drive Jan 2002 She hard JRoss B mar She hard Avenue Jul 2001 Smalley Donald Name in existence Smith Alfred Rizzardo West Alliston Smith Street Smith B Donald Used in West Alliston Smith Street Steele Fred Mattam Subdivision Steele Street March2005 Stoneham J Alfred B mar Stoneham Street Jul 2001 Sutcliffe Alice Swenson Ben Royal ParklCopper Glen Swenson Street March 2009 Taylor John W Mattam Subdivision John W Taylor Avenue March 2005 Thomas Lome Used in Beaton Walker Dr FM Rizzardo Phase II Walker Boulevard Jan 2002 Wallace J Ro son Brymar Wallace Street Jul 2001 Warman A Schickedanz Warman Street June 2003 Willoughby JA Wilson Cecil Used in Tottenham Wright former Pdncpai Used in Beeton

WW I Veterans 191419113 Names Listed on Alliston Cenotaph WW II Veterans 19391945 Private Request Legion Request Last Update May 28 2009 Page 2 of 2 Attachment 3

NAMES OF VETERANS NAMING OF STREETS

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Adams Arthur Alderson John G SuthedandBrouwer Alderson Court Anderson BA Used in Schickedanz Anderson Road June 2003 Anderson William Schic kedanz Anderson Road June 2003 Arnold Arthur Clarence River Edge Phase 1 Arthur Street Janua 2004 Atkinson Arthur Bell Clnrke Brooks Stanley Rizzardo West Alliston Brooks Court Brown Bemal Used in Tottenham Buchanan Roy River Edge Phase 1 Buchanan Street January 2004 Burka John Burt Charles F McC ue Burt Avenue Jul 2001 Callender Albert Mattam Subdivision Callander Crescent March 2005 Cameron PeW Cauthsrs Auetln Chantler L man B ar Chantler Road Jul 2001 Cherry Earl Cobum GR Used in Beaton Dale Gordon Used in Beeton Davidson Charles Madam Subdivision Davidson Drive March 2005 Dolman H Rizzardo West Phase 3 Dolman Drive February 2007 DovAing Delmar M McC ue Dovrli Road Jut 2001 Dunaev Albert Alliston Heights Du a Crescent 1993 Dunning Alfred Mattam Subdivision Dunning Drive March 2005 Dunham W Smart Centres Dunham Drive March 2009 Ellis Judson Used in Alliston Ellis Street Ellison Audre Used in Beaton Falkner Ha Rizzardo Phase II Falkner Road Jan 2002 Ferris Dafton Mattam Subdivision Ferris Lane March 2005 Foster Stewart Rizzardo West Phase 3 Foster Trail February 2007 Gallagher Ral h Gordon A Mattam Subdivision Gordon Drive March 2005 Gilroy Ivan William 2 nwd name to be used As per Rmdn 2008M numerous f6mily i uries Hackett David M ue Hackett Street Jut 2001 Hadkett J Jack R Used in McCa ue Hackett Street July 2001 Hanna pmw PAndpd Henderson William Rizzardo West Alliston Henderson Crescent Heydon Ambrosea Renamed section Orange Ambrose Heydon Street January 2008 St Nelson to Wellington Hoard e Hoff Frank NEXT NAME TO BE USED Hughson George Ricardo West Phase 3 Hughson Place February 2007 vem Irwin Jose P McC ue Irwin Crescent Jut 2001 James A McCague McCague James A McCague July 2001 Avenue Jenkins Ste hen Jones Harry Beckett Schickedanz Jones Street June 2003 Last Update May 28 2009 Page t of 2 COMMITTEE OF THE WHOLE lW JUNE 21 2010

REPORT ENG201033

AMENDING SITE PLAN DEVELOPMENT APPLICATION D11AL115 OPTRUST COMMUNITY CENTRES INC ALLISTON MARKET VILLAGE 8r AVENUE YOUNG STREET ALLISTON

RECOMMENDATION That Council receive Engineering Report 201033 and

That the Council of the Town of New Tecumseth pass the necessary Bylaw authorizing the Mayor of and Clerk to execute an Amending Site Plan Control Agreement substantially in the form Attachment 4 to report ENG201033 with Optrust Community Centres Inc upon execution of the Towns Amending Agreement by the applicant final review by Town Staff and all subject to the Solicitors clearance

OBJECTIVE Plan Control This report is submitted to seek Councils approval to execute an Amending Site Agreement between the Town of New Tecumseth and Optrust Community Centres Inc for the construction of an oil change facility and to amend the location of the qas station at the existing commercial development at the southwest corner of Young Street and 8t Avenue in Alliston

BACKGROUND

The Optrust Community Centres Inc original Site Plan Agreement was registered on September 19h 2008 The original Agreement allowed for the construction of Phase 1 of the commercial in the Fall of development which included the gas station Construction of buildings A B C began 2008 Building C TD Bank was opened in July 2009 and the remainder of the buildings were completed in November of 2009 On March 27 2009 Optrust Community Centres Inc submitted an Application to amend the original Site Plan Agreement Phase 2 D11AL115 for the construction of a rightin entrance off of Young corner of Street an oil change facility and to amend the locatiortof the gas station at the southwest Young Street and 8h Avenue in Alliston as illustrated on Attachment 1 Optrust Community Centres Inc required a minor variance for the proposed phase 2 works to allow for reduced front and exterior side yard setbacks an increase of permitted gross floor area and a reduction of total parking spaces The Committee of Adjustment refused the variances on September 24 2009 and Optrust Community Centres Inc appealed the decision to the Ontario Municipal Board OMB An OMB hearing was held on January 25 2010 with the decision to allow the all variances being issued on March 30 2010 The Owner has submitted the fourth submission of the engineering drawings and the Towns Departments have made comments to the Owners Consultant all comments are expected to be addressed in the final submission drawings

COMMENTSICONSIDERATIONS

Site Description

The proposed additional commercial development will be located at the existing development at the is southwest corner of Young Street and 8th Avenue in Alliston The subject property legally described of New of as Part of Lot 32 Concession 7 Geographic Township of Adjala Town Tecumseth County V Report ENG201033 June 21 2010 Page 2 of 5

Simcoe being all of PINS 581850098 581850099010001010102 0103 581 8501 04 581850105 The property is irregular in shape and is approximately 19 hectares in area site is The surrounded by residential properties to the south Young Street to the north a restaurant to the west and 8th Avenue to the east as shown on the Site Plan Attachment 1 Zoning

The Planning Department through memorandums to the Engineering Department on May 12th 2009 September 2d 2009 and May 26th 2010 has confirmed that the property has been designated Urban Highway Commercial Exception UHC14 through Zoning Bylaw Amendment 100 and that the proposed setbacks for the building are

Location Proposed Required Lot Frontage 201089m 35m Front Yard Setback Building E 4558m 6 metres Canopy 6629m 9 metres Minor Variance appr B OMB Rear Yard Setback 5m 5m Interior side and Setback 8m 3m Exterior side yard Setback ding E 4009m 9m r Variance appr TBy MB Item Proposed Permitted Coverage 247 40 Height 63m 11M Landscaped Area 170 100 Minimum

The proposed setbacks coverage and height meet the requirements of the Zoning ByLaw Amendment

Urban Design Guidelines

On October 20 2003 Council approved Urban Design Guidelines by Brook Mcilroy Planning Urban Design Objectives and Guidelines from Urban Design Guidelines for Commercial Core Areas have been reviewed with respect to this proposed development

The relevant urban design guidelines are those related to Other Commercial Areas which include convenience and highway commercial areas located outside of the historical Commercial Core Areas Decorative metal fencing and additional landscaping has been proposed to the property along the north and east property lines to screen the parking area Colour renderings of the oil change facility and the gas bar kiosk have been shown as Attachments 2 3Several Urban Design Guidelines have not been met

o The proposed buildings do not face Young Street o Some of the parking spaces are located along the Young Street lot line although landscape buffering will be provided Although the Urban Design Guidelines have not been met the Planning Department is satisfied that the developer has incorporated details into the design that will enhance the development and is in keeping with the characteristic of other Commercial Areas and has no concerns with the project proceeding CvJ13 3

Report ENG201033 June 21 2010 Page 3 of 5

Site Servicing 250mm watermain on The proposed Commercial Development will be serviced from the existing a fire located on site and Young Street The site will be serviced with a 200mm fire main with hydrant be the 200mm a 150mm domestic water service The site will also serviced from existing sanitary and installation sewer main on 8h Avenue with a 200mm sanitary sewer service The servicing design are for the was completed as part of the Phase 1 works no changes or upgrades required proposed Phase 2 buildings

Storm Water Management Glos Associates Inc A detailed stormwater management report has been prepared and submitted by details how the runoff March 2008 in support of the proposed Commercial Development The report and released at from the 2 5 10 25 50 and400 year return period storm events will be retained of the rates less than predevelopment In addition onsite storage must not use the surface parking of 020 lot for return event storms up to and including the 5year storm Maximum ponding depth metres is proposed for all other return storms storm Post development drainage is to be controlled runoff collected by catchbasins and conveyed by 525 mm diameter sewers to the existing 450mm storm sewer on 8m Avenue and also to two existing Subdivision to drain rear lot catchbasins that were originally designed in the Alliston West seventyfive solids percent of the site To achieve an enhanced level of treatment of the annual total suspended a Env21 oil removal of 80 or greater and treat 90 of the total annual runoff volume Endofpipe installed before it outlets into the grit separator and goss gully traps at each catchbasins will be of the municipal storm system Maintenance of the oilgrit separator device will be the responsibility the DeveloperOwner the Site Plan Agreement reflects this The stormwater management design and installation of the storm sewers was completed as part of the Phase 1 works no changes or upgrades are required for the proposed Phase 2 buildings Access Traffic and Parking

one full entrance off of There are two existing site accesses and egresses for this site movement entrance off of Young Street and a full movement entrance off of 8m Avenue A rightin only Young Street between the existing entrance and 8h Avenue is proposed for this phase of the development dated 2007 A Traffic Impact Study was prepared and submitted by Marshall Macklin Monaghan May and revised March 2008 in support of the proposed commercial development A further update was entrance provided by Marshall Macklin Monaghan in September 2008 in support of the rightin only the traffic flow on The rep tt details how the entrance is required so that vehicles will not impede distribution Young Street the existing future peak and nonpeak traffic volumes trip generation also the queuing of vehicles at the site accesses and surrounding intersections lane to maintain the The Town will require a 5 metre widening along the length of the right turn municipal boulevard The required lands are to be conveyed as part of the site plan agreement the required daylight triangle at the southwest corner of Young Street and 8t Avenue was conveyed under the original site plan agreement

are free The Original 2008 Site Plan provides for 220 parking spaces of which eight 8 barrier a of Optrust Community Centres Inc applied to the Committee of Adjustment to allow for reduction the minor parking spaces from the required 220 to 214 spaces the Ontario Municipal Board approved all variance application on March 30 2010 to allow for the reduction of parking spaces parking requirements have been met and are shown on the site plan Report ENG201033 June 21 2010Page 4 of 5

Departmental Circulation

The fourth submission of the Site Plan has been circulated to all of the Town Departments and all comments received have been addressed through the revisions of the drawings minor revisions of the drawings and provisions will be addressed in the Site Plan Agreement Site Plan Agreement

A Site Plan Agreement between the Town and Optrust Community Centres Inc has been prepared and is currently in circulation with the Owner and with the Towns Solicitor all comments will be into the the incorporated draft of Agreement Additional minor revisions may be required based on comments from the Owner which will be incorporated into the Agreement subject to the Towns Solicitor clearance

The substantially completed Site Plan Agreement attached hereto as Attachment 4 is submitted to Council for their consideration

Conclusion

Staff is satisfied with the locations of the proposed buildings The Storm Water Management Report Property Illumination Plan Traffic Impact Study Servicing and Landscape Plan have also been determined to be acceptable Based on the above it is the recommendation of the Engineering Department that the Mayor and Clerk be authorized to execute the Site Plan Agreement substantially in the form of Attachment 4 to Report ENG201033 with the understanding that minor revision may be required

FINANCIAL CONSIDERATIONS

The building construction and site works are to be carried out at the Owners expense Schedule C 1 of the attached Site Plan Agreement provide a breakdown of the actual gross floor areas for the proposed buildings A payment of 10301627 is required to complete the Applicants obligations with respect to the Towns Municipal Development Charges

Educational Development Charges are applicable and have been calculated at 116952 County of Simcoe Development Charges are also applicable and have been calculated at 877719

A contribution by the Applicant for the cashinlieu of parkland for the entire lands was paid at the time the original Site Plan Agreement was executed no further contribution is required

The Applicant has provided cash security in the amount of 250000 as a security to ensure payment of the Towns legal and consulting fees In addition they have provided a Site Plan Application Fee of 250000 for the addition of the oil change facility In addition to the above the Original Site Plan Agreement required the Owner to provide the Town with construction securities in the amount of 9736000 as construction securities with the Town for the site plan works The construction securities will remain in place for the Phase 2 development The Construction Security is refunded upon completion of all obligations under the Original Site Plan Agreement and the Amending Site Plan Agreement and following eresolution of Council Respectful bmitted Review by

Dan Perreault Ric tri Engineering Coordinator Manager of Engineering

f 47 Report ENG201033 June 21 2010 Page 5 of 5

Financial Considerations Reviewed by

Fp 4 Mark Sirr Treasurer Manager of Finance

Attachments

1 Site Plan 2 Colour Rendering Oil Change Facility 3 Colour Rendering Gas Bar Kiosk 4 Site Plan Agreement Attachment 1

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THE CORPORATION OF THE TOWN OF

NEW TECUMSETH

SITE PLAN AGREEMENT AMENDMENT 1

THIS AGREEMENT made this 281 day of June 2010

BETWEEN

THE CORPORATION OF THE TOWN OF NEW TECUMSETH

hereinafter called the MUNICIPALITY OF THE FIRST PART

and

OPTRUST COMMUNITY CENTRES INC hereinafter called the OWNER

OF THE SECOND PART

WHEREAS the Owner represents and warrants that it is the registered Owner of the lands and premises described in Schedule A to this Agreement the Lands and amend the location proposes to construct a rightin entrance an oil change facility and

of the previously approved gas station at the existing commercial facility in accordance with the Site Plan attached as Schedule 132 to this Agreement

AND WHEREAS the parties entered into a Site Plan Agreement dated August

26 2008 registered as Instrument No SC683524 on September 19 2008 which Agreement shall continue to be binding upon the parties the Original Agreement

AND WHEREAS the Municipality requires the Owner and the said Owner hereby the agrees to enter into an Agreement to construct and install certain works on Lands and to regulate the proposed construction on the Lands

NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of

the mutual promises and covenants contained herein and the sum of Two Dollars

200 of lawful money of Canada now paid by each of the parties hereto to each of the other parties hereto the receipt of which is hereby acknowledged the parties hereto

covenant agree as follows TownOP Trust Community Centres Inc Page 2 of 11 Site Plan Agreement Amendment 1

1 RECITALS

The parties hereto confirm the foregoing recitals and incorporate same as terms of this Agreement The parties hereto further confirm that the Original Agreement shall continue to be firm and binding as between the parties except to the extent that it is specifically amended by this Agreement and the Schedules attached hereto

2 SCHEDULES

The parties acknowledge that the Schedules in the Original Agreement will continue to apply to the Lands except as they are hereinafter specifically amended The letter numbering and title of each Schedule to the Original Agreement will correspond with the amending Schedule attached to this Agreement The said Schedules attached and forming part of this Amending Agreement are as follows

21 Schedule A Description of the Lands 22 Schedule B2 Site Control Plans

23 Schedule B3 Drawing SP1 Sketch of Development 24 Schedule C1 Financial Considerations

25 Schedule D1 Easements and Lands to be Conveyed

26 Schedule E1 Further Terms 27 Schedule F1 Requirements for Occupancy

3 REGISTRATION

The parties hereto agree that this Agreement shall be registered upon the title of

the lands at the option of the Municipality and at the Owners expense Upon registration the Agreement shall be deemed to run with and bind the lands

5 AGREEMENT BINDING

This Agreement shall be governed by the laws of the Province of Ontario and be

binding upon and endure to the benefit of the parties hereto and their respective heirs executors administrators successors and assigns

IN WITNESS WHEREOF the individuals have hereunto set their hands and seals and the Municipality has hereunto affixed its Corporate Seals as attested by their proper signing officers in that behalf TownOP Trust Community Centres Inc Page 3 of 11 Site Plan Agreement Amendment 1

THE CORPORATION OF THE TOWN OF NEW TECUMSETH

Per MIKE MACEACHERN MAYOR

Per GAYLA MC DONALD CLERK

OPTRUST COMMUNITY CENTRES INC

Per

Print Name and Title I HAVE AUTHORITY TO BIND THE CORPORATION

Per

Print Name and Title I HAVE AUTHORITY TO BIND THE CORPORATION TownOP Trust Community Centres Inc Page 4 of 11 Site Plan Agreement Amendment 1

SCHEDULEA

NOTE It is understood and agreed that this Schedule forms part of the Town of New Tecumseth Site Plan Agreement

DESCRIPTION OF LANDS

All and singular that certain parcel or tract of land situate lying and being in the Town of New Tecumseth in the County of Simcoe and being composed of

FIRSTLY

Part Lot 32 Concession 7 Adjala as in RO1249942 New Tecumseth PIN 58185 0098 municipally known as 125 Yonge Street Alliston Ontario

SECONDLY

Part Lot 32 Concession 7 Adjala as in R01005942 New Tecumseth PIN 58185 0099 municipally known as 119 Young Street Alliston Ontario

THIRDLY

Part Lot 32 Concession 7 Adjala as in R0197660 except R01005942 R01291964 R0238204 R0839564 R0653958 R0671443 New Tecumseth PIN 581850100 municipally known as 113 Young Street Allston Ontario

FOURTHLY

Part Lot 32 Concession 7 Adjala as in RO1291964 New Tecumseth PIN 58185 0101 municipally known as 107 Highway 89 Alliston Ontario

FIFTHLY

Part Lot 32 Concession 7 Adjala as in R0238204 New Tecumseth PIN 581850102 municipally known as 101 Young Street Alliston Ontario

SIXTHLY

Part Lot 32 Concession 7 Adjala as in RO839564 New Tecumseth PIN 581850103 municipally known as 95 Young Street Alliston Ontario

SEVENTHLY

Part Lot 32 Concession 7 Adjala as in R0653958 New Tecumseth PIN 581850104 municipally known as 8 8 Avenue Alliston Ontario

AND EIGHTHLY

Part Lot 32 Concession 7 Adjala as in R0671443 New Tecumseth PIN 581850105 municipally known as 12 81h Avenue Alliston Ontario 5 of 11 TownOP Trust Community Centres Inc Page Site Plan Agreement Amendment 1

SCHEDULE B2

NOTE it is understood and agreed that this Schedule forms part of the Town of New Tecumseth Site Plan Agreement Amendment 1

PLANS AND REPORTS

Schedule B to this Agreement is a copy of the accepted Development Plans identified as follows

SITE CONTROL PLANS

DRAWING No DRAWING TITLE

Drawings prepared by PAA Peter Archer Architecture Planning A11 Site Plan rev 8 dated May 3 2010 A32 Elevations Building E rev 1 dated May 3 2010 A31 Elevations Building D rev 1 dated Mayes 2010

Drawings prepared by Glos Associates Inc SP100 General Notes rev9 dated May 3 2010 SP101 Site Servicing Plan rev10 dated May 3 2010 SP102 Site Grading Plan rev10 dated May 3 2010 SP103 Sediment Control Plan rev8 dated May 3 2010 SP105 Site Details rev8 dated May 3 2010

Drawings prepared by Terraplan Landscape Architects L1 Landscaping Plan rev 10 dated April 3010 L2 Landscape Details rev 10 dated April 3010

The Owner acknowledges covenants and agrees that the development of the site will conform to the standards and recommendations set out in the said Site Control Plans and Reports Copies of these Site Control Plans and Reports are lodged with the Engineering Department of the Municipality and are available for inspection upon request at the Municipal office 10 Wellington Street East 2ntl Floor Alliston Ontario during regular business hours

If revised Drawings or Reports are prepared or submitted by the listed consultants which are approved by the Municipality they shall be deemed to form part of the approved Site Control Plans and Reports and to be incorporated into and form part of Schedule B2 to this Agreement TownOP Trust Community Centres Inc Page 6 of 11 Site Plan Agreement Amendment 1

SCHEDULE B3

NOTE It is understood and agreed that this Schedule forms part of the Town of New Tecumseth Site Plan Agreement Amendment 1

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SCHEDULE C1

NOTE It is understood and agreed that this Schedule forms part of the Town of New Tecumseth Site Plan Agreement

LIST OF DEVELOPMENT LEVIES AND OTHER CHARGES TO BE COMMUTED BY THE OWNER

Payment of Development Levies and Charges as follows

Town of New Tecumseth

Phase 1 Buildings A B C

Development Charges 102393896 Less Applicable Credits 23440900 Phase 1 Payable 78952996 Town related development charges were paid in November 2008 and in March 2009

Phase 2 Buildings D E

Based on the Towns current development charge rates and the approximate size of the proposed building the calculated amount for this phase of the development totals 10301627 These fees have been calculated as follows Development Charge Rate Non Residential other than Industrial 21807m Amended Additional Gross Floor Area 4724m Buildings D E plus canopy as per Drawing Al 1 Prepared by Peter Archer Architecture May110

21807m x 4724m2 10301627 Total 10301627

The applicable development charge rates would be those in effect on the date of building permit issuance

Education

Phase 1 Buildings A B C Development Charges 1111375 Less Applicable Credits 568400 Phase 1 Payable 542975 Education related development charges were paid in November 2008 and in March 2009

Phase 2 Buildings D E The Education Development charges for this phase of the development total 116952 The fees have been calculated as follows Education Charge Rate 023ftZ Amended Additional Gross Floor Area 508487 ftz Buildings D E plus canopy as per Drawing Al 1 Prepared by Peter Archer Architecture May110 508487ft2 x 023ftZ 116952 Total 116952

The applicable development charge rates would be those in effect on the date of building permit issuance TownOP Trust Community Centres Inc Page 8 of 11 Site Plan Agreement Amendment 1

SCHEDULE C1 cont

County of Simcoe Development Charges

Phase 1 Buildings A B C Development Charges 8952044 Less Applicable Credits 2551500 Phase 1 Payable 6400544 County related development charges were paid in November 2008 and in March 2009

Phase 2 Buildings D E

The County of Simcoe development charges for this phase of the development total 877719 The fees have been calculated as follows Development Charge Rate 1858m2 Amended Additional Gross Floor Area 4724m2 Buildings D E plus canopy as per Drawing A11 Prepared by Peter Archer Architecture Mayllo 472AM2 x 1858m2 877719 Total 877719

The applicable development charge rates would be those in effect on the date of building permit issuance

Security Deposit

Pursuant to Subsection 4 c of the original site plan agreement the required Letter of Credit to cover the faithful performance of the Owners obligations is 9736000 The Security Deposit was posted as part of the original site plan agreement and will remain with the Town unfit the completion of the obligations under this amending agreement TownOP Trust Community Centres Inc Page 9 of 11 Site Plan Agreement Amendment 1

SCHEDULE D1

NOTE It is understood and agreed that this Schedule forms part of the Town of New Tecumseth Site Plan Agreement

LIST OF EASEMENTS AND LANDS TO BE CONVEYED TO THE MUNICIPALITY

Street The Owner will convey to the Municipality lands along the north side of Young east of the existing Young Street entrance to accommodate the necessary rightin only lane improvements on Young Street as shown on Site Plan Drawing A11 attached herein as Schedule B2 The Owner agrees the conveyance to the Municipality will be free and clear of encumbrances and at the expense of the Owner including the cost of the preparation and registration of a reference plan of survey The Owner will be responsible for completing the necessary Reference Plan for the conveyance for road improvements to the satisfaction of the Town

The Owner will convey a 15 x 15 metre Daylight Triangle at the northeast corner of the intersection of Young Street and 8 Avenue The Owner further agrees the conveyance to the Municipality will be free and clear of encumbrances and at the expense of the Owner including the cost of the preparation and registration of a reference plan of Plan survey The Owner will be responsible for completing the necessary Reference for the conveyance of the 15 x 15 metre Daylight Triangle to the satisfaction of the Town TownOP Trust Community Centres Inc Page 10 of 11 Site Plan Agreement Amendment 1

SCHEDULE E1

NOTE It is understood and agreed that this Schedule forms part of the Town of New Tecumseth Site Plan Agreement

FURTHER TERMS FORMING PART OF THIS AGREEMENT

1 The Owner agrees to provide AsConstructed Site Plans and other drawings as listed in schedule B within 30 days of issuance of the Certificate of Occupancy

2 Certification letters from the applicable Engineering Consultants will be required prior to the release of any securities These certification letters will confirm that the works have been completed as shown on the plans and meet the necessary standards Certification Letters will be required for but not be limited to Civil Works Exterior Lighting Acoustical Mitigation Landscaping and Building Elevations

3 The Owner agrees to maintain the Stormwater Management facilities including the Env21 Endofpipe oilgrit separator and goss gully traps at each catchbasins in accordance with the Stormwater Management Report Alliston Markel Village prepared for Forecast Inc prepared by Glos Associates Inc dated March 2008 revised May 2008 and in accordance with the applicable guidelines or policies of the Town of New Tecumseth Nottawasaga Valley Conservation Authority Ministry of the Environment or any other Authority having jurisdiction

4 The Owner must obtain written approval from the Nottawasaga Valley Conservation Authority the Town of New Tecumseth or any other jurisdiction having authority prior to permitting removal of any facilities or modification to the approved design

5 The Owner agrees to assume all responsibility and liability related to the internal site stormwater ponding storage including any and all damages resulting from the designed operating conditions and any and all downstream damages resulting from their removal modification or lack of maintenance to onsite controls

6 The Owner agrees to be solely responsible to maintain all private fire hydrants on their property in accordance with the most recent version of the Ontario Fire Code This maintenance at minimum will include yearly operation flushing and any necessary repair of each hydrant by a qualified professional The Owner further agrees to test all hydrants on its property annually to confirm the water flow rate in litres per second and paint the top bonnet of the hydrant with the applicable water flow colour code in accordance with National Fire Protection Association Regulation NFPA291 Recommended Practice for Fire Flow Testing and Marking of Hydrants

7 The Owner agrees that the waste recycling pickup for this site will take place only between the hours of 8o0AM to 10OOPM Monday to Saturday

8 The Owner agrees that all deliveries for this site will take place only between the hours of 8OOAM to 10OOPM Monday to Saturday TownOP Trust Community Centres Inc Pagel 1 of 11 Site Plan Agreement Amendment 1

SCHEDULE F1

NOTE It is understood and agreed that this Schedule forms part of the Town of New Tecumseth Site Plan Agreement

REQUIREMENTS FOR OCCUPANCY

Prior to the issuance of the Occupancy Permit by the Chief Building Official the Owner shall comply with the following terms and conditions to the satisfaction of the Municipality

1 All hardsurfaced materials such as basecoarse asphalt surface minimum concrete curb and sidewalks are fully constructed as approved on drawings listed in Schedule B2

2 The stormwater management system including all catchbasins and storm sewers be substantially complete and functioning as detailed in the Stormwater Management Report listed in Schedule B of the original agreement

3 Municipal water and sewage services have been installed and tested to the satisfaction of the Municipality required fees and charges invoiced by the Municipality have been paid and a metric water metre with remote readout has been installed inspected and sealed to the satisfaction of the Municipality

4 Final grading of the property is in conformity with the approved Site Grading Plan or such variance there from as has been approved by the Municipality

5 All works upon the Young Street and 8t Avenue rightofway boulevards including but not limited to underground utility services curbs sidewalks and landscaping be completed and the boulevard area fully restored to the satisfaction of the Municipality

6 All external lighting fixtures on the building and in the parking lots are installed and functioning to the satisfaction of the Municipality

7 All external parking signage be erected and line painting be completed to the satisfaction of the Municipality

8 All nonacoustic fencing be fully erected and constructed to the satisfaction of the Municipality

9 All associated easement and land transfers agreements have been fully executed and registered on title by the Owner

10AII external impacts and or damages to surrounding lands and or buildings as attributed to this development have been fully resolved and rectified to the satisfaction of the Municipality

The Applicant is required to provide a copy of this Schedule to each and every builder obtaining a building permit CUQ41

COMMITTEE OF THE WHOLE JUNE 21 2010

REPORT ENG201036

RELEASE OF EARTHWORKS SECURITIES ALLISTON DEVELOPMENTS INC SMARTCENTRES MACKENZIE PIONEER ROAD ALLISTON

RECOMMENDATION

That Council receive Engineering Report ENG201036 and

That the Council of the Town of New Tecumseth authorizes the TreasurerManager of Finance to release the securities posted for the Amending Earthworks Agreement at the Alliston Developments Inc Smartcentres Development located Highway 89 and County Road 10 Alliston subject to the payment of any outstanding accounts in accordance with Town policy

OBJECTIVE

The purpose of this report is to inform Council that the Amending Earthworks Agreement for Alliston Developments Inc has been fulfilled and recommend that the securities held by the Town be released

BACKGROUND

On November 5h 2007 Alliston Developments Limited submitted an Application for a Site Plan Agreement D11AL091 for the construction of a new commercial development in the vicinity of Highway 89 and County Road 10 in Alliston On September 18 2008 Council passed Bylaw 2008145 authorizing the Mayor and Clerk to execute an Earthworks Agreement with Alliston Development Ltd for the movement of fill from the east side of their property to the west side of their property in order to pregrade the location of Building A only Alliston Developments Ltd did not execute the Earthworks Agreement due to proposed changes to the overall development proposal On March 30 2009 Council passed Bylaw 2009037 authorizing the Mayor and Clerk to execute an Amending Earthworks Agreement with Alliston Development to allow for the movement of fill from the proposed stormwater management pond located on the south side of Mackenzie Pioneer Road and the east side of CW Leach Road to their development site

The earthworks have been completed in accordance with the requirements of the Amending Earthworks Agreement and as such the securities that are held by the Town of New Tecumseth may now be released

On June 4h 2009 a Site Plan Development Agreement was executed with Alliston Developments Inc to allow for the construction of the Phase 1A Walmart of the commercialretail development This Agreement also included the necessary external works to support the phase on MacKenzie Pioneer Road CW Leach Road Dunham Drive and the Stormwater Management Pond The total securities posted for the Phase 1A works were 302897644 Alliston Development made a written request to reduce a portion of these securities in accordance with the terms of the Site Plan Development Agreement In keeping Report ENG201036 June 21 2010Page 2 of 2 with the Agreement the securities were reduced to 87555011 and will be held until the completion of the required maintenance period and final acceptance of all the works

COMMENTS AND CONSIDERATIONS

Alliston Developments Inc has made a written request for the release of the securities relating to the Amending Earthworks Agreement totalling 37600000 the Town is holding for the completion of the works The Applicants consultant engineers have submitted certification letters confirming that all works have been completed as per the accepted drawings and reports

As the earthworks under the separate agreement are now complete Engineering Staff recommend that only the earthwork securities held by the Town of New Tecumseth be released subject to the payment of any outstanding accounts In accordance with the Towns policy a motion of Council is required for a full release of the securities

FINANCIAL CONSIDERATIONS

Staff has confirmed with the Finance Department that the Town of New Tecumseth is currently holding 37600000 Letter of Credit for the Earthworks All other securities held by the Town for this project will continue to be held in keeping with the associated agreements

Respectfully submitted Reviewed by

Dan Perreault Rick Vatri Engineering Coordinator Manager of Engineering

Financial considerations reviewed by

4LAP Mark Sirr Treasurer Manager of Finance COMMITTEE OF THE WHOLE JUNE 21 2010

REPORT ENG201038

2088785 ONTARIO INC NAUTICAL LANDS GROUP KINGSMERE RETIREMENT SUBDIVISION ALLISTON EARTHWORKS AGREEMENT

RECOMMENDATION

That Council receive Engineering Report 201038 and

That the Council of the Town of New Tecumseth pass the necessary Bylaw authorizing the Mayor and Clerk to execute the Earthworks Agreement between 2088785 Ontario Inc and the Town of New Tecumseth substantially in the form of Attachment 3 to report ENG201038 to facilitate the overall pregrading of the private residential Plan of Subdivision NTT00004 in Alliston subject to final review by Town Staff and all subject to the Towns Solicitors clearance OBJECTIVE with The purpose of this report is to seek Councils approval to execute an agreement 2088785 Ontario Inc to facilitate the earthworks associated with the Kingsmere Retirement private residential development in the community of Alliston

BACKGROUND

Nautical Lands Group Alliston Inc purchased 917 hectares of land at the southeast corner of King Street and Industrial Parkway from the Town on June 20 2006 Nautical Lands Group Alliston Inc has proposed to develop these lands into a retirement community Phase 1 of the development was completed in August 2009 and consisted of the development of Block 27 being will include the a 6 storey retirement building and a clubhouse The new draft plan for Phase 2 construction of approximately 118 condominium style homes all subject to the Conditions of Draft Plan Approval which are still subject to Council Approval The Kingsmere Retirement Plan of Subdivision NTT00004 is located in the community of Alliston The phase 2 lands consist of 595 ha The lands are located at the south east corner of Industrial Parkway and King Street and are legally described as Part Lot 1 Con 14 Tecumseth Parts 1 and 2 Plan 51R2340 lying SW of Part 1 RO1370594 New Tecumseth PIN 581310185 as shown on Attachment No1

COMMENTS AND CONSIDERATIONS

The Developer has advised Town Staff that they wish to proceed with the necessary earthworks associated with this development over the course of this summer and in an effort to facilitate these works Staff is bringing forward an earthworks agreement at this time The Developers consultants have prepared construction drawings for the earthworks that detail information such as site pregrading proposed lot grading erosion and sediment control a storm water measures The developer to the north Schickedanz Bros has constructed management pond which will service this development The pond has been oversized to accommodate the Kingsmere Retirement Subdivision On May 7 2010 the Town received the first submission of the engineering drawings for review reviewed the In an effort to facilitate moving forward with the earthworks for the site Staff has engineering drawings relating to the earthworks and have provided comments back to the Developers engineering consultant Staff and the NVCA are currently working with the J Report ENG201038 June 21 2010 Page 2 of 3

Developer to finalize the design drawings and associated reports for the earthworks Once Staff and the NVCA are satisfied with the design earthmoving operations could commence Stripped topsoil from the earthworks is to be stored on site south of the existing stormwater pond and is approximately 4600 sq metres in area and 45 metres high with a volume of approximately 17100 cu metres as shown on Attachment No 2 and in accordance with the earthworks agreement the Developer will be required to properly stabilize the topsoil stockpile The Developer has obtained clearance from the Ontario Ministry of Culture that the site is not of archaeological significance In keeping with the Towns Development Application Tree Preservation and Compensation By Law 2008123 the Developer completed a review of the existing trees on the site with respect to tree preservation and has indicated that there are no trees on the site Staff is in agreement with this observation therefore there is no compensation requirement for this site There are a number of trees along the south property limits that are shown to be entirely on the existing residential properties these trees will be properly protected from the development of these lands Notice to Abutting Homeowners

Prior to the start of the earth moving operations on the site the Developer will be required to provide written notification to the abutting landowners adjacent to the development describing the works and the proposed work timetable The Developer will be installing a heavyduty sediment control fence along the entire boundary of the residential lands and the open space lands where earthworks will be undertaken This sediment control fence will be installed a minimum of 05 metres inside the subdivision lands and will be 11 metre high In addition to sediment control this fence helps delineate the boundaries of the subdivision provides additional buffering and assists in controlling access between the development and the existing residents Earthworks Agreement

To facilitate the earthworks the Developer is required to enter into an agreement with the Town to satisfy all conditions financial or otherwise The agreement contains standard requirements for the undertaking of earthworks within a development area The agreement also states that there are a number of outstanding issues that remain unresolved and states that the Developer is proceeding at this time at their own risk The Town reserves the right to further revise the design as the overall detail design engineering drawings have not been accepted by the Town The following points highlight several of the issues that are addressed within the agreement The Developer shall grade the site in accordance with the construction drawings and to the satisfaction of the Town The Developer is required to install and maintain erosion and sediment control measures The Developer shall not undertake works that would interfere with the existing drainage of the abutting lands The Developer is required to put in place measures to control ponding dust erosion siltation or slippage conditions The Developer shall keep all roads and sidewalks used for access to the Lands in good mud and dust free condition during construction The Developer is required to provide protection for existing trees which have been identified for preservation The Developer is required to obtain all the necessary permits from the NVCA and any other authority having jurisdiction before grading work commences on the lands The Developer is required to provide the Town with a Letter of Credit in the amount of 5000000 to guarantee the satisfactory completion of the works within the site and to CW153

Report ENG201038 June 21 2010 Page 3 of 3

that the Owner defaults recover the cost of the Town performing any work in the event and minor grading and stabilization of the disturbed areas No 3 The draft Earthworks Agreement is attached hereto substantially in the form as Attachment will be The agreement has been circulated to the various Town Departments and their comments incorporated into the final document The Towns Solicitor has prepared the Earthworks executed the Agreement and will provide final clearance prior to the document being by Developer and the Town

FINANCIAL CONSIDERATIONS

to the As noted above the provisions of the Earthworks Agreement require the Developer provide Town with a Letter of Credit in the amount of 5000000 to guarantee the satisfactory completion of the works within the site and to recover the cost of the Town performing any work in the event areas this that the Owner defaults and minor grading and stabilization of the disturbed covered by Agreement is required Letter of Credit values are usually calculated at a rate of 3000 per of hectare This site is approximately 595 ha and therefore resulting with a Letter of Credit 1785000 Staff concluded in this instance that the standard Letter of Credit rate may not be to restore lands sufficient to recover potential site grading costs in the event the Town had the Therefore Staff recommends that the Developer post a minimum Letter of Credit of 5000000 its The agreement provides for the release of this Letter of Credit once the Owner has fulfilled obligations under the agreement to the satisfaction of the Town Additionally the Developer is required to pay the Town 300000 as the fee for staffs preparation the of the report and agreement as well as to pay the Town the reasonable costs of Municipalitys legal planning and engineering services for processing of the agreement

Respectfully sub tted Reviewed by

Dan Perreault Rick Vatri Engineering Coordinator Manager of Engineering

Reviewed by

ELt4 AC

Mark Sirr Treasurer Manager of Finance Attachment No 1 Location Map Attachment No 2 Erosion Sediment Control Drawing Attachment No 3 Draft Agreement r 9 tg 3 tin k L 6

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1 PRELIMINARY SUBDIVISION AGREEMENT GRADING AND EARTHWORKS

THIS AGREEMENT made in duplicate this 28 day of June 2010

BETWEEN

THE CORPORATION OF THE TOWN OF NEW TECUMSETH

hereinafter called Municipality

OF THE FIRST PART

and

2088785 ONTARIO INC

hereinafter called Developer

OF THE SECOND PART

WHEREAS the lands affected by this Agreement are situated in the Town of New Tecumseth in the County of Simcoe and being composed of Part Lot 1 Con 14 Tecumseth Parts 1 and 2 Plan 51R2340 lying SW of Part 1 R01370594 New Tecumseth PIN 581310185 more particularly described in Schedule A hereto hereinafter called the Lands

AND WHEREAS the Developer warrants that it is the owner of the Lands and has obtained draft approval for a plan of subdivision pursuant to Town File NT T00004 the Plan to permit subdivision of the Lands

AND WHEREAS the Developer wishes to alter the existing grade on the Lands in accordance with the construction drawings listed in Schedule B attached hereto at its own risk to facilitate the development of the Lands

AND WHEREAS the Municipality requires the Developer to enter into an Agreement with the Municipality to satisfy all conditions financial or otherwise with respect to the proposed grading earth moving and drainage works the Works on the Lands

NOW THEREFORE this Agreement witnesseth that in consideration of other good and valuable consideration and the sum of One Dollar 100 of lawful money of Canada now paid by each of the parties to the other the receipt whereof is hereby acknowledged the Developer and the Municipality hereby covenant and agree as follows

1 RECITALS

The parties acknowledge the accuracy of the foregoing recitals and incorporate same as terms of this Agreement

2 SCHEDULES

The following Schedules are attached to and form part of this Agreement

Schedule A Description of the Lands

Schedule B Construction Drawings and Reports

Schedule C Further Terms Forming Part of this Agreement

Town2088785 Ontario Inc t Grading Agreement 3 DEVELOPERS DESIGN OBLIGATIONS

The Developer hereby covenants undertakes and agrees with the Municipality as follows

a To retain a qualified engineer to design the Works in accordance with the Municipalitys criteria b To have the engineer certify that the construction drawings and reports as listed in Schedule B meet the Municipalitys criteria c To correct as may be required from time to time any errors in the construction drawings and reports set out in Schedule B including any corrective or remedial work required to bring the constructed Works into conformity and d To ensure that the design and implementation of the Works will meet all of the servicing requirements of the Municipality in order to permit the development of the Lands in accordance with the draft conditions for the Plan

4 DEVELOPERS FINANCIAL OBLIGATIONS

The Developer covenants undertakes and agrees with the Municipality as follows

a Prior to or upon execution of this Agreement to pay the sum of Three Thousand Dollars 300000 for the municipal staffs effort in the preparation of this Agreement pursuant to ByLaw 2004073 the Municipalitys Fee ByLaw b To pay to the Municipality the reasonable costs of the Municipalitys legal planning and engineering services for processing all aspects of this Agreement with all accounts to be paid within thirty 30 days of being submitted to the Developer by the Municipality and c To provide the security and insurance coverage required by the Municipality as hereinafter set out

5 SECURITY REQUIRED

Prior to commencement of the Works on the Lands and prior to the execution of this Agreement by the Municipality the Developer shall file with the Municipality a letter of credit in a form satisfactory to the Municipality in the amount of 5000000 to guarantee the satisfactory completion of the Works and to recover any costs of the Municipality including the need to perform any required work that the Developer has failed to perform with respect to the Works cdCered by this Agreement The Developer shall reimburse the Municipality within thirty 30 days of demand and if payment is not made the Municipality may recover the costs from the letter of credit or in accordance with any other rights provided for in this Agreement The rights of collection herein are cumulative and in addition to any other rights that the Municipality may have at law

6 AGENCY REQUIREMENTS

Prior to the initiation of the construcfion of the Works the Developer covenants undertakes and agrees with the Municipality in relation to third party agencies as follows

a To obtain all necessary permits and approvals from the Nottawasaga Valley Conservation Authority NVCA and any other authority having jurisdiction

b To carry out a preliminary archaeological evaluation of the entire area within the Lands at the Developers expense

Town2088785 Ontario Inc 2 Grading Agreement c To complete a report which identifies any significant archaeological sites at the Owners expense and to submit same to the Municipality and the Ministry of Citizenship Culture and Recreation the Ministry for its review and approval said report to be carried out by a licensed archaeologist and prepared according to the Ministrys approved Archaeological Assessment Guidelines dated 1993 and

d Not to commence grading on any site identified within the Lands as being archaeologically significant by the evaluation referred to in the foregoing paragraph until archaeological excavations of all significant sites within the lands have been completed to the satisfaction of the Ministry and the Municipality with the Developer taking all appropriate measures required to protect any archaeologically significant sites

7 DEVELOPERS CONSTRUCTION OBLIGATIONS

In relation to the construction of the Works the Developer hereby covenants undertakes and agrees as follows

a To provide the Municipality with seven 7 days notice prior to the commencement of the construction of the Works such notice not to be effective until after a site meeting with the Municipality has been arranged and completed b To obtain approval for a construction access prior to the initiation of construction which is satisfactory to the Municipality and if necessary the County of Simcoe which approved access will be the only access to the Lands during construction with the said access to be removed when directed by the Municipality to do so c To have its engineer supervise the construction of all Works to the satisfaction of the Municipality and in accordance with the requirements of Schedule B d To construct the Works so as not to interfere with the existing drainage of any adjoining lands e To provide and maintain the Site Erosion Control Measures in accordance with the construction drawings listed in Schedule B to the satisfaction of the NVCA and the Municipality f To carry out any temporary or permanent works that may be necessary to control ponding dust erosion siltation or slippage conditions in accordance with the requirements of the Municipality g To maintain all stormwater management erosion and sedimentation control structures in good operating condition and in good repair during the construction period in a manner satisfactory to the NVCA and the Municipality h To provide protection for existing trees and vegetation as may be required from time to time by the NVCA and the Municipality i To keep all roads and sidewalks used for access to the Lands in good condition free of dust mud and debris j To keep the construction area clear of all unused construction materials and debris k To clean up any debris that may be deposited to or blown onto any surrounding lands 1 To maintain all parking spaces and driveways as shown on the construction drawings with a stable surface so as to prevent the raising of dust m To protect the finished grade surface by sod turf grass seeding or other approved means either singly or in combination n To stabilize all disturbed areas outside of the limits of the subdivision Lands within seven 7 days of the completion of the grading process in that area o Not to allow any exposed area for more than thirty 30 days without proper stabilization and within seven 7 days of written notice by the Municipality to undertake stabilization of all disturbed areas as required by the Municipality and

Town2088785 Ontario Inc 3 Grading Agreement p To comply with all relevant ByLaws of the Municipality and with the requirements set out in Schedule C to this Agreement

All construction obligations as set out in Schedule B or as identified herein will be completed to the satisfaction of the Municipality

8 IMPORTED FILL

The purpose of this Agreement is to allow the Developer to commence grading on the Lands as a preliminary step in the development of the Plan To the extent that the Lands require imported fill the Developer will be required to obtain the approval of the Municipality for the source site the quality of the material and the haul route Further to the extent materials are used from the development Lands the Developer will provide in the Grading Plans details sufficient to satisfy the Municipality that the Lands will be left in a safe tidy and free draining condition

9 CESSATION OF WORKS

The Developer covenants and agrees that during the course of the construction of the Works the Developer shall cease construction immediately upon receipt of written direction from the Municipality which direction to cease construction shall be issued at the sole discretion of the Municipality and thereafter to take such steps as the Municipality requires to return the Lands to a safe and tidy condition with free drainage prior to demobilizing

10 ENFORCEMENT

If the Developer fails to complete the Works as required by this Agreement or fails to carry out any remedial and maintenance work as and when required by this Agreement or by any notice given to the Developer by the Municipality then the Municipality may after twentyfour 24 hours written notice enter upon the Lands and complete same at the expense of the Developer If the Municipality in its absolute discretion deems it an emergency the Municipality may complete the work without prior notice to theDeveloper and at the Developers expense The Municipality will advise the Developer within seven 7 days from the completion of any work performed by the Municipality including the nature and extent of the work The Municipality shall be entitled to draw upon the letter of credit or any other security it holds in order to pay for the costs of the work performed The costs or expense incurred by the Municipality not covered by the security held by the Municipality will constitute a lien against the Lands

In addition to any other remedies the Municipality may have the Municipality shall be entitled to charge the total amount of any costs and expenses including any costs to enforce this Agreement to the Developer who shall pay same forthwith upon demand failing which the Municipality may collect the costs from any security as set out above or add the cost to the tax roll of the Lands whereupon such amount shall be conclusively deemed to be tax arrears and maybe collected in the same manner as tax arrears

Should the Municipality be involved in completing any of the Works on behalf of the Developer the following charge back rates shall apply and shall include labour equipment and materials as required

a where Town forces are used the Town cost times 30

b where the Town retains independent contractors total invoice cost times 20

Note Where the actual cost exceeds 3000000 the upset limit to be charged shall be the actual cost plus the greater of 15 or 1500000

Town2088785 Ontario Inc 4 Grading Agreement 11 DEVELOPERS RISK

The commencement and installation of the Works and all activity related thereto shall be entirely at the risk expense and cost of the Developer without any claim or recourse whatsoever against the Municipality by virtue of the Developer undertaking the Works prior to the final approval and registration of any Plan or Plans of Subdivision for the Lands The Developer further acknowledges that prior to subdivision approval there are a number of servicing requirements and approvals that have not yet been put in place and all of which are necessary before a Plan of Subdivision can be registered Notwithstanding that these approvals have not yet been put in place or may not be achieved the Developer acknowledges that it is prepared to proceed with the Works entirely at its own risk and without any liability or responsibility of any kind whatsoever to the Municipality in the event that the Developer is unable to achieve registration of the Plan of Subdivision either in a timely fashion or at all All obligations under this Agreement are deemed to be at the expense of the Developer

12 INSURANCE

Prior to the commencement of any construction the Developer shall file a Certificate of its public liability insurance with the Municipality in a form and on terms which are satisfactory to the Municipality in an amount of not less than Five Million Dollars 500000000 showing the Municipality as a named insured The Developer shall keep the policy in force until the Municipality provides written notice that the insurance coverage is no longer required

13 INDEMNITY

The Developer shall indemnify and save harmless the Municipality including its officers directors and employees from all actions causes of action suits claims costs and demands whatsoever which may arise either directly or indirectly by reason of the Developer undertaking the Works and other requirements of this Agreement including any and all legal costs incurred by the Municipality

The Developer further agrees that it shall indemnify and save harmless the Municipality from all actions causes of action suits claims costs and demands whatsoever which may arise either directly or indirectly by reason of any damage to the lands abutting the Lands of the Developer or to any building erected thereon arising from or in consequence of any alteration of grade or level or by reason of any other work undertaken by the Developer in this Development except for work ordered by the Municipality and not approved by the Developers consulting engineer provided that it is completed to the satisfaction of the Municipality

14 RELEASE OF SECURITY

Prior to the release of the letter of credit or any other securities held under this Agreement the Developer shall fulfil its obligations as set out in this Agreement to the satisfaction of the Municipality The Developer shall submit a Completion Certificate from its engineer as to the satisfactory completion of the Works and arrange for an inspection of the Lands through the Municipalitys engineering department Upon completion of the Works required by this Agreement to the satisfaction of the Municipality the letter of credit or such other security as is held by the Municipality may be released by Resolution of the Council for the Municipality

Town2088785 Ontario Inc 5 Grading Agreement 15 REGISTRATION

This Agreement may at the option of the Municipality be registered against the title to the Lands and the Developer shall be responsible for the costs associated with the preparation and registration of this Agreement

16 NOTICE

Any notice required to be given to the Developer pursuant to this Agreement may be given by delivering same directly to the Developer its engineer or solicitor with such notice being deemed to have been received on the date of delivery by registered mail addressed to the Developer its engineer or solicitor at the principle place of business for the Developer its engineer or solicitor as the case may be which mailing will be deemed to have been received on the fifth 5th day after the date of the deposit thereof in the post office or by fax transmission to the number listed below which will be deemed to be delivered on the same day if before 400 pm on a business day otherwise on the next following business day Unless otherwise advised in writing the address for the Developer shall be deemed to be Mr Peter Gregor 2088785 Ontario Inc 180 Huntmar Drive Ottawa Ontario K2S 1B9 Fax Number 6138310275 Any notice required to be given to the Municipality will be given in similar manner co The Clerk Box 910 10 Wellington Street East Alliston Ontario L9R 1A1 Fax Number 705435 2873

17 INTERPRETATION OF AGREEMENT

The following rules of interpretation apply to this Agreement and the Schedules attached

a the part numbers and headings subheadings and section sub section clause and paragraph numbers are inserted for convenience of reference only and shall not affect the construction or interpretation of this Agreement

b this Agreement shall be construed with all changes in number and gender as may be required by the context

c references herein to any statute or any provision thereof includes such statute or provision thereof as amended revised reenacted andor consolidated from time to time and any successor statute thereto

d all obligations herein contained although not expressed to be covenants shall be deemed to be covenants

e whenever a statement or provision in this Agreement is followed by words denoting inclusion or example and then a list of or reference to specific items such list or reference shall not be read so as to limit the generality of that statement or provision even if words such as without limiting the generality of the foregoing do not precede such list or reference

f Nothing in this Agreement shall relieve the Developer from compliance with all applicable Municipal ByLaws and Regulations or the laws and regulations established by any other govemmental body or authority which may have jurisdiction over the Lands and the development of same and

g The parties agree that all covenants and conditions contained in this Agreement shall be severable and if any provisions of this Agreement or the application thereof to any circumstances shall be held to be invalid or unenforceable then the remaining provisions of this

Town2088785 Ontario Inc 6 Grading Agreement Agreement or the application thereof to other circumstances shall not be effected thereby and shall be valid and enforceable to the fullest extent permitted by law

18 WAIVER AND TIME

The failure of the Municipality at any time to require performance by the Developer of any obligation under this Agreement shall in no way affect the Municipalitys right thereafter to enforce such obligation nor shall the waiver by the Municipality of the performance of any obligation hereunder be taken or be held to be a waiver of the performance of the same or any other obligation hereunder at any later time The Municipality shall at all times specifically retain its rights at law to enforce this Agreement

Time shall be of the essence of this Agreement Any time limit specified in this Agreement may be extended on the consent of the parties but no such extension of time will operate or be deemed to operate as an extension of any other time limit and time shall be deemed to remain of the essence of this Agreement notwithstanding any extension of any time limit

19 AGREEMENT BINDING

This Agreement shall be governed by the laws of the Province of Ontario and be binding upon and enure to the benefit of the parties hereto and their respective heirs administrators successors and assigns as the case may be

IN WITNESS WHEREOF the said Corporate Parties have hereunto affixed their Corporate Seals or asserted binding authority as attested by their proper signing officers in that behalf

THE CORPORATION OF THE TOWN OF NEW TECUMSETH

Per MIKE MACEACHERN MAYOR DATE

Per GAYLA MCDONALD CLERK DATE

2088785 ONTARIO INC

Per KIRK HOPPNER DATE

Print Name and Title

I have authority to bind the corporation

Town2088785 Ontario Inc 7 Grading Agreement TOWN OF NEW TECUMSETH

SCHEDULEA

DESCRIPTION OF THE LANDS

All and singular that certain parcel or tract of land situate lying and being in the Town of New Tecumseth in the County of Simcoe and being composed of Pt Lt 1 Con 14 Tecumseth Pis 1 and 2 Plan 51R2340 lying SW of Pt 1 R01370594 New Tecumseth PIN 581310185

Town2088785 Ontario Inc e Grading Agreement TOWN OF NEW TECUMSETH

SCHEDULEB

CONSTRUCTION DRAWINGS AND REPORTS

The following construction drawings and reports as prepared andor authorized by Richardson Foster Consulting Engineers A Trow Global Company once accepted by the Municipality shall form the Construction Drawings and Reports referred to in this Agreement and will be available for review at the Office of Richardson Foster Consulting Engineers 4 Cedar Pointe Drive Unit L Barrie Ontario L4N 5R7 or at the engineering department at the Municipalitys office If Richardson Foster Consulting Engineers or such other consultant as duly authorized by 2088785 ONTARIO INC prepares revised drawings which are acceptable to the Municipality then they shall be deemed to form part of this Schedule

CONSTRUCTION DRAWINGS

ST1 Staging Plan LG1 Overall Lot Grading Plan LG2 Lot Grading Northwest LG3 Lot Grading Northeast LG4 Lot Grading Southeast LG5 Lot Grading Southwest

ESC1 Erosion Sediment Control Plan Phase 2

D1 Standard Details

D2 Standard Details

D3 Standard Details

D4 Section and Details

CF1 CutFill Contour Plan

Reports

Detailed Stormwater Management Report dated February 2007 revised April 2010 Application to process plan of subdivision letter from Nautical Lands Group dated May 7 2010 regarding tree inventory

Town2088785 Ontario Inc 9 Grading Agreement TOWN OF NEW TECUMSETH

SCHEDULEC

FURTHER TERMS FORMING PART OF THIS AGREEMENT

The following requirements and conditions shall apply

1 The Developer acknowledges that it is required to make application and secure an entrance permit from the appropriate authority having jurisdiction in order to be able to access the site for the purpose of constructing the Works

2 Pursuant to Draft Plan Condition 31 the Developer acknowledges that it is required to pay the proportionate share of the cost of any external municipal services temporary andor permanent built or proposed that have been designed and oversized by 96 Acres Residential Subdivision to accommodate the Plan Lands The required payments will be finalized and determined before the Developer enters either a PreServicing Agreement or Subdivision Agreement for the Lands as the Municipality deems appropriate

3 Pursuant to Draft Plan Condition 32 the Developer acknowledges that it is required to pay the proportionate share to the Town of New Tecumseth for the cost of any external municipal services temporary andor permanent built or proposed that have been designed and oversized by the Schickedanz Subdivision to accommodate the Plan Lands The required payments will be finalized and determined before the Developer enters either a PreServicing Agreement or Subdivision Agreement for the Lands as the Municipality deems appropriate

4 The Developer acknowledges that there are a number of outstanding issues that remain unresolved and is proceeding at his own risk The Town reserves the right to further revise the design as the overall detail design engineering drawings have not been accepted by the Town

5 The Developer acknowledges that the grading design is currently incomplete and requires revisions Accordingly no work associated with this agreement will commence until written approval is provided by Town Staff

Town12088785 Ontario Inc 10 Grading Agreement COMMITTEE OF THE WHOLE JUNE 21 2010

REPORT PW201021

PEST CONTROL PROGRAM REPORT

RECOMMENDATION

the That the Council of the Town of New Tecumseth receive Report PW201021 including action taken attached confidential summary of the 2009 Pest Control Report and the

OBJECTIVE

in To provide Council with information on the 2009 and 2010 Pest Control Program as outlined No the Town of New Tecumseths Pest Control Policy and Procedures Manual and Bylaw 2008047 Cleaning and Clearing

BACKGROUND

of New In 2005 Council established a committee to address pest control issues in the Town Tecumseth A policy and procedure manual was drafted by this committee and was adopted by and to Council in 2006 as Report TS200608 This document outlines practices procedures and be followed by Town forces to eradicate pests which include weeds insects animals fungi Other issues to be addressed include erosion control

This On April 28 2008 Council passed Bylaw No 2008047 Cleaning and Clearing Bylaw to that all bylaw includes a provision to allow the Towns Bylaw Department enforce property cut and trimmed in a owners in urban areas keep all grass and weeds sufficiently preventative manner This would help to prevent the ripening and disposal of weeds and other noxious from to an plants to present a neat appearance SP the public and to prevent grass growing extent of more than 30cm in height

in Staff agreed that the Bylaw Department would enforce the Cleaning and Clearing Bylaw Beeton and the of the urban areas of the Town being the Town of Alliston Village of Village Tottenham The Public Works Roads Department would be responsible for enforcing the Pest Control Policy for all rural areas within the Town of New Tecumseth

In 2009 all complaints received were tracked until complete Roadside mowing included a brush materials minimum of two passes and brush control methods were used to control woody to the that encroached upon roadside ditches All records were kept and mapped according policy guidelines Road improvements and ditching projects included sodding and seeding Report PW201021 2 of 2 June 21 2010 Page

were received as with a total In 2009 a total of 45 complaints regarding 42 properties compared of received of 57 complaints regarding 46 properties received in 2008 The majority complaints the areas of Town of New Tecumseth Each complaint were in regards to properties in urban and was All were in to grass was investigated and action taken complaints regards long cut Town forces and weeds Long grass and weeds on Town property were by Long grass a discussion with the owner and a follow weeds on private property included a site visit property was able to with our to cut the up visit to see whether or not the property owner comply request received in to weeds on Town property grass and remove the weeds One complaint regards All of the in 2009 were did require spraying to eradicate the presence of poison ivy complaints resolved

in 2009 It is Attachment 1 is a confidential summary of complaints received provided it information that could identify confidentially to Council members only because includes specific persons

COMMENTS AND CONSIDERATIONS

will continue to be dealt with according to In 2010 it is anticipated that pest control complaints There will be a minimum the Towns Pest Control Policy and the Cleaning and Clearing Bylaw the brush control will be used in rural areas of two passes of roadside mowing and program

to the Towns Pest Control Policy All information gathered and action taken in 2010 in relation in a end and made and the Cleaning and Clearing Bylaw will be comprised year report available to Council in 2011

FINANCIAL CONSIDERATIONS

There are no financial considerations

Respectfully submitted Reviewed by

Chad Horan of Public Works 4Su or Manager

Attachments 1 Pest Control Report 2009 Council Members Only