09 01 2004 Council AgendaIf
A
TOWNSHIP OF ORO-MEDONTE
COUNCIL MEETING AGENDA
COUNCIL CHAMBERS
DATE: WEDNESDAY, SEPTEMBER 1, 2004 TIME: 7:00 P.M.
1. OPENING OF MEETING BY THE MAYOR
2. PRAYER/CONTEMPLATION/REFLECTION
3. NOTICE OF ADDITIONS
4. ADOPTION OF AGENDA
5. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF — IN ACCORDANCE WITH THE ACT"
6. MINUTES OF PREVIOUS MEETINGS:
a) Minutes of Special Council Meeting of August 11, 2004 (to ratify Committee of Whole
recommendations).
b) Minutes of Special Council Meeting of August 11, 2004 (re: Development Charges
By-Law).
7. RECOGNITION OF ACHIEVEMENTS:
a) Councillors Dan Buttineau, John Crawford, Ruth Fountain, Association of
Municipalities of Ontario — Effective Municipal Councillor Program.
b) Debby Micks, Records Management Fundamentals
8. PUBLIC MEETINGS:
None.
9. DEPUTATIONS:
None.
10. CONSENT AGENDA CORRESPONDENCE:
a) Minutes of the Lake Simcoe Regional Airport, May 20, 2004.
b) Minutes of the Lake Simcoe Regional Airport, June 17, 2004.
c) Dwight Duncan, Minister of Energy, correspondence dated August 5, 2004, re: New
Electricity Pricing Plan.
11. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN:
17, re M12
12. REPORTS OF MUNICIPAL OFFICERS:
a) Report No. PR2004-07, Chris Carter, Coordinator Parks and Recreation, re:
Renewal re: Concession Booth Contract
b) Report No. PR2004-09, Chris Carter, Coordinator Parks and Recreation, Quotes re:
for installation of Wooden Posts and Bollards along Plan 626 (Promenade).
N
13. REPORTS OF COMMITTEES:
a) Minutes of the Planning Advisory Committee Meeting, August 9, 2004
b) Minutes of the Committee of the Whole Meeting, August 11, 2004.
c) Minutes of the Committee of Adjustment, August 12, 2004.
14. COMMUNICATIONS:
a) Bruce Hall, Associate, The Planning Partnership Limited, correspondence dated
August 23, 2004 re: Application for Zoning By-law Amendment — Selri Investments.
15. IN-CAMERA:
None.
16. BY-LAWS:
a) By-Law No. 2004-086 To Provide for the erection of stop signs and yield signs at
intersections within the Township of Oro-Medonte and to
Repeal By-laws No. 95-12, 95-61, 96-89,96-111 and 98-
33. (For third reading only)
b) By-Law No. 2004-097 Being a By-law to authorize the execution of a Tax arrears
extension agreement. I
c) By-Law No. 2004-098 Being a By-law to Repeal By-law No. 2004-087, a By-law
to Deem certain Plans of Subdivision or Parts thereof not to
be Registered Plans of Subdivision within the Meaning of
the Planning Act R.S.O. 1990 C.P. 13, as amended.
17. CONFIRMATION BY-LAW NO. 2004-096
18. QUESTIONS AND ANNOUNCEMENTS
IL
I kq 111
COUNCIL MEETING
Wednesday, September 1, 2004
14. COMMUNICATIONS:
b) Judy Catania, correspondence dated August 30, 2004 re: Plan 626 Lakeshore
Promenade.
c) John Inglis, McCarthy T6trault, correspondence dated August 31, 2004 re: Plan 626
Lakeshore Promenade, Installation of Wooden Posts and Bollards.
15. IN-CAMERA:
a) Jennifer Zieleniewski, CAO, re: Legal Matter.
IMF
This. s to certify, that,,
�ro
r
(De ora zc s
has successfully completed the requirements for the
P
Professional Learning Certificate in
wcords Management Fundamentals
b.
With Distinction
June 15, 2004
Professional Learning Centre
AsKociation pf Records Ma�r� and � Faculty of Information Studies
Administrators -'Toronto
C}iapt r .G
University of Toronto
Teroelo
Chapter
u
rARNA NNW
1AFTFB#Ar1axa1,
h BUR,
rr=7
MINUTES OF A MEETING
of
THE LAKE SIMCOE REGIONAL AIRPORT COMMISSION
HELD ON THURSDAY MAY 20, 2004
AT THE LAKE SIMCOE REGIONAL AIRPORT
TERMINAL BUILDING
In Attendance:
Commissioners: M. Beauchesne
J. Crawford
R. Hough
L. Leach
F. Smith
P. Spears
S. Trotter
Regrets: G. Fernandes
A. Smith
CALL TO ORDER
'ao 1 C4---A- -4
AliG 1 ?
Staff: W. McArthur, City of Barrie
M. Drumm, APM
The meeting came to order at 7:05 p.m. and was chaired by S. Trotter.
1.0 MINUTES OF THE APRIL 15, 2004 COMMISSION MEETING
MOTION: Moved by F. Smith, seconded by R. Hough
2004 -AC -20 "THAT, the public minutes as well as the confidential minutes of the
April 15, 2004 Commission meeting, be approved."
Carried.
2.0 BUSINESS ARISING FROM THE MINUTES
i) R. Hough and J. Crawford reviewed that various conversations with Township of
Oro - Medonte staff suggests that various buildings within the Township have
different firewater suppression requirements, based on numerous factors
including building size and building uses. J. Crawford submitted that the Ontario
Building Code was revised in 1997, whereas some of the buildings in question
were built prior to the revision. J. Crawford further noted that the use of the
Weatherwise Aviation hangar is classed as hazardous under the Ontario Building
Code, thus adding to the firewater suppression requirements.
M. Drumm distributed a fire suppression comparison study, which included a
brief review of 14 airports located in Ontario.
iii) M. Beauchesne expressed continued concern regarding the ongoing ambiguity
of the fire suppression requirements. It was noted that the Muskoka
(Gravenhurst) Airport had recently developed a land sale policy similar to that of
the Lake Simcoe Regional Airport's and had sold land to a third party that
constructed a 40,000 square foot hangar; however the purchaser of the land/ was
not required to install any water storage for fire suppression. M. Beauchesne
inquired as to whether the Township appointed representatives had contacted
Township staff and obtained a response to P. Water's inquiry of apparent tiered
fire suppression requirements (per the April 15, 2004 Commission meeting
minutes). R. Hough indicated that an inquiry was placed however an official
response had not yet been received. Based on further, general discussion, the
following motion was passed.
MOTION: Moved by M. Beauchesne, seconded by P. Spears
2004 -AC -21 "THAT, Councillor R. Hough follow -up with the Township of
Oro - Medonte staff and obtain an accurate, thoughtful and
complete response, in writing, to Councillor Hough's a /mail
of April 18, 2004 and that the response be sent to the Lake
Simcoe Regional Airport Commission and to Weatherwise
Aviation prior to May 28, 2004."
3.0 PROPERTIES & COMMERCIAL DEVELOPMENT Carried.
i) W. McArthur distributed the results of request- for - quotations for the supply and
installation of a 20,000 gallon in- ground water storage system as required for the
first Weatherwise Aviation hangar. A recommendation from CC Tatham &
Associates, whom were contracted to design and administer the request for
quotation process, was also presented. W. McArthur noted that the quotation
results were substantially higher than the engineer's estimate as prepared by CC
Tatham & Associates.
MOTION: Moved by F. Smith, seconded by J. Crawford
2004 -AC -22 "THAT, the Lake Simcoe Regional Airport Commission
endorse the May 20, 2004 recommendation of CC Tatham &
Associates and that the request for quotations be re-
advertised."
Carried.
iii) Pete Waters of Weatherwise Aviation was invited to the meeting to provide the
Commission members with an update to his firm's commercial development
activities. Following the resolution of a sheet metal supply issue, P. Waters
indicated that the completion date of the first Weatherwise Aviation hangar is
scheduled for June 29, 2004. P. Waters further indicated that the fire
suppression requirements, both short and long -term remain outstanding. It was
reported that although it appears a solution for the first hangar has been agreed
upon (20,000 gallon in- ground tank), Weatherwise Aviation is concerned to
commence construction on the second hangar without knowing the fire
suppression requirements and whom will be financially responsible for such
upgrades. P. Waters expressed continued concerns regarding the overall fire
suppression issue and once again noted that The Weatherwise Group
purchased serviced, developed lots from the municipalities and as such should
be provided with normal municipal services, including fire suppression, in
accordance with the taxes to be collected from the Weatherwise properties. P.
Waters cautioned the Commission members that if his firm is mandated to
proceed with the potential 120,000 gallon fire water system for the second
2
Weatherwise Aviation hangar, the project may no longer be economically
feasible and that his firm may have to reconsider their investment at the Lake
Simcoe Regional Airport. P. Waters further noted that unconfirmed discussions
with the Township staff have determined that the unconfirmed requirement of a
120,000 - gallon water storage system would not only be sufficient for the second
Weatherwise Aviation hangar, but will also supply the entire Southwest
Commercial Development area build -out. P. Waters noted that his firm should
not be required to provide the up -front costs to a system that Weatherwise
Aviation new nothing about, particularly given that future airport investors will
benefit from the Weatherwise Aviation investment. P. Waters concluded by
suggesting that perhaps the Township should front -end the costs of the system,
which they have mandated as a requirement.
M. Beauchesne advised P. Waters that a motion (2004- AC -21) had been passed
and that the Commission was concurrently seeking final direction from the
Township as to the fire suppression requirements.
P. Waters reviewed various marketing strategies and expenditures to date,
including a presence at the upcoming Canadian Business Aircraft Association
exposition in Toronto at the end of June. P. Waters noted that the Lake Simcoe
Regional Airport was being marketed at the show as part of the Weatherwise
Aviation booth. P. Waters further distributed a request for the integration of
airport and Weatherwise Aviation marketing for the Commission's consideration
and ultimate approval. M. Beauchesne reported that this would be reviewed
during the later portion of the Property and Commercial Development section.
P. Waters was then excused from the meeting
iii) R. Hough reviewed that although Weatherwise Aviation continues to note the
Township for various unresolved issues, primarily fire suppression; P. Waters'
actions to date are not without fault. R. Hough reported that the Township has
made various concessions to accommodate Weatherwise Aviation such as
waiving the Commercial Development Charge (Township portion only) as well as
amending the zoning by -law to accommodate car - parking requirements. R.
Hough further noted that the Township building /planning department has
requested various items from Weatherwise Aviation forming part of the site plan
control and building permit process without receiving adequate cooperation from
Weatherwise Aviation. J. Crawford concluded by noting that the Weatherwise
Aviation developments are on private lands under Site Plan Control through the
Township of Oro- Medonte and accordingly, the Township staff should work
directly with Weatherwise. Aviation to resolve any issues, involving the
Commission only to a point of notification, not decision.
S. Trotter noted that it is imperative for the Commission to maintain open lines of
communication with all parties; however it is the responsibility of the Township to
work with Weatherwise Aviation and concurrently should advise the Commission
of any developments to ensure that all parties are equally apprised and to avoid
false interpretations or miscommunications.
iv) An update was provided that a meeting with Printbridge, the Airport Manager and
M. Beauchesne had occurred and that options and pricing for the development
of a communications and marketing program are forthcoming and will be
presented at a future Commission meeting. M. Beauchesne further reviewed the
Weatherwise Aviation package as prepared by Newhall Klein, Inc. and noted that
many of the items suggested by the Weatherwise Aviation contracted firm are
un- measurable (i.e. Logo redesign, brochure redesign and Website redesign).
V) Mr. Bernard Schropp of Pryde, Schropp McComb Inc., Consulting Engineers was
invited to the meeting at 8:50 p.m. to present the Commission with the
Preliminary Design Presentation (Draft Findings) for the Southwest Commercial
Development Area expansion. Following various discussions and direction, Mr.
Schropp was excused from the meeting at 9:35 p.m. Further information and
future draft presentations will be presented, as information becomes available.
vi) W. McArthur presented the construction update of May 12, 2004. L. Leach
requested that the Commission approve the South Apron expansion. W.
McArthur reported that further to the April 15, 2004 Commission meeting, the
lowest submitted tender price was approximately $44,000.00 higher then
budgeted. An amended staff report was further distributed providing the
Commission with various options. Staff was directed to inquire as to additional
options for financing the balance of the project and make final
recommendation(s) at the June Commission meeting.
L. Leach made general concern of the airport's extremely under - funded Capital
works budget and suggested that the member municipalities have a
responsibility to provide funding to the airport, which they own, in a manner to
reflect the type of businesses that use the facility. General discussion.
4.0 FINANCIAL REPORT
i) The January, February, March, April and May & YTD Financial Reports will be
presented at the June Commission meeting.
5.0 NEW BUSINESS /CORRESPONDENCE
i) The airport manager's report was received as information.
All additional correspondence as presented was reviewed.
6.0 MEETING(S)
The next Commission meeting is to be held on Thursday June 17, 2004 at 7:00 p.m.
7.0 ADJOURNMENT
MOTION: Moved by M. Beauchesne, seconded by F. Smith
2004 -AC -23 "THAT, the Lake Simcoe Regional Airport Commission meeting
adjourn at 10:20 p.m."
Carried.
4
I -M
Recording Secretary, LSRA Commission
Distribution:
Commission Members
w. McArthur
K. Short
J. TaScona M p p
Clerk's Office, * City * Of Barrie
Mayor & Council, c/o City Clerk, City Of Orillia
otter
President, LSRA Commission
Clerk's Office, Township Of Oro -Medonte
R DeVillers, M.P.
A. G. Dunlop, M. P.
Gunlo'
I. Brown, City Manager, City of Orillia
L•S•R.A. Tenants
MINUTES OF A MEETING
of
THE LAKE SIMCOE REGIONAL AIRPORT COMMISSION
HELD ON THURSDAY JUNE 17, 2004
AT THE LAKE SIMCOE REGIONAL AIRPORT
TERMINAL BUILDING
In Attendance:
Commissioners: M. Beauchesne
J. Crawford
G. Fernandes
R. Hough
L. Leach
A. Smith
S. Trotter
Regrets: F. Smith
P. Spears
CALL TO ORDER
Staff: W. McArthur, City of Barrie
M. Drumm, APM
The meeting came to order at 7:10 p.m. and was chaired by S. Trotter.
1.0 PROPERTY & COMMERCIAL DEVELOPMENT
As a result of a confidential property matter, the May 20, 2004 Commission Meeting
Minutes were reviewed later in the meeting and the following motion was passed.
MOTION: Moved by A. Smith, seconded by G. Fernandes
2004 -AC -24 "THAT, the Lake Simcoe Regional Airport Commission meeting
move into camera at 7:20 p.m. to discuss a confidential property
matter."
Carried.
MOTION: Moved by R. Hough, seconded by G. Fernandes
2004 -AC -25 "THAT, the Lake Simcoe Regional Airport Commission meeting
move out of camera at 8:50 p.m."
Carried.
P. Waters of Weatherwise Aviation was invited to the meeting at 9:00 p.m. to discuss
fire suppression. S. Trotter encouraged P. Waters to submit to the Township of Oro -
Medonte a Fire Protection Plan stamped by an engineer, in accordance with the Ontario
Building Code, to enable occupancy. P. Waters noted that his firm is unable to submit
an interim fire protection plan without knowing the requirements for a final, long -term
solution. W. McArthur noted that Weatherwise Aviation can submit an interim fire
protection plan based on hangar 1 only, without having an impact on the long -term
solution. It was however noted that the interim solution could possibly be used as part
1
u, Tne ultimate build -out. P. Waters commented that a review of the Townshi 's i
solution of an in- ground 20,000 gallon tank for han ar 1 is � �
a per hangar basis, and that a move towards the ultimate p n�ral
make more financial sense. S. Trotter reiterated not. economically feasible, on
Aviation's responsibility to prepare and submit a ' long term solution rwi
rated to P. Waters that it is Weaton PI se
and that without this requirement, his firm will not be granted a final
S. Trotter further noted that while the Lake engineer stamped Fire Protection Pia n
committed to realize the full potential of the Weatherwise Aviation Perm
ake Simcoe Regional Airport Commission �s
airport Commission's final position on the fire su
regarding roject, this is the
g cost sharing for the long -term system were also reviewed. Various scenarios
W McArthur and M. Drumm noted that staffs are willing to meet with
requested and as available, to assist in expediting the development of W
Aviation's Fire Protection Plan. P. Waters, as
submit his required plan as soon asPossible.
concluded by encouraging P eatherwisE,
9 9 Waters to
P. Waters was excused from the meeting at 9:40 p.m.
2.0 MINUTES OF THE MAY 20 2004 COMMISSION MEETING
MOTION: Moved by M. Beauchesne, seconded by L. Leach
2004 -AC_26 "THAT, the minutes of the Ma
approved, as amended." y 20, 2004 Commission meeting be
3.0 BUSINESS ARISING FROM THE MINUTES
Carried.
No new business was discussed.
4.0 FINANCIAL REPORT
The January, February, March, April and May & YTD Financial Repo
MOTION: rts were reviewed.
Moved b y G. Fernandes, seconded by L. Leach
2004 -AC -27 "THAT, the Janua
Reports be a ry' February , March, April and May & YTp Financial
pproved, as presented."
5.0 NEW BUSINESS/CORRESPONDENCE Carried.
i) The airport manager's report was received as information.
ii) All additional correspondence as presented was reviewed.
W McArthur presented the construction update of June 14
that pursuant to the May 20, 2004 Commission meeting minutes quotations
the 20,000- gallon in- ground water storage for fir 2004 It was noted
the Township of Oro- Medonte offices on June 7, 2004 and � q tat�ons for at
the Township
Construction. Although the 9Ju a suppression were received s
award the tender (Commission Motion 2 the lowest bidder was
Executive of the Commission agreed to
pending any decision(s) on the ultimate systern04- AC -08), the award is on hold
iv) Pursuant to the May 20, 2004 Commission meeting minutes,
distributed a staff report dated q g es, W. McArthur re-
expansion project. Various Options to complete regarding the project, the South Apron Aron
Y $44,000.00 higher then budgeted were reviewed, inhcludins
9
borrowing the balance or deferring other capital projects until 2005. The option to
reduce the scope of the apron expansion to a size that coincides with the initial
2004 - budgeted amount of $331,000.00 was also discussed. L. Leach noted that
the apron expansion project is a safety issue and that the Commission should
not consider any option other than the full expansion. L. Leach further noted that
this project is a prime example of how under funded the airport is from a capital
perspective and that the Commission should approach the municipalities for
assistance in consideration of the planned $20 million Weatherwise Aviation
investment into the airport and our municipalities. L. Leach concluded by noting
that the airport is not a third party organization that is borrowing monies from the
municipalities, but rather a municipally owned and operated infrastructure similar
to other municipal infrastructures and should be treated accordingly.
MOTION: Moved by R. Hough, seconded by L. Leach.
2004 -AC -28 "THAT, Contract LSRA 01 -2004, for the Airport Terminal Building
Apron Expansion East, be awarded to Lisbon Paving Co. Limited, in
accordance with their tender dated March 30, 2004 in the amount of
$366,709.50 excluding GST."
Carried.
vj As a result of a confidential property matter, the following motion was passed.
MOTION: Moved by A. Smith, seconded by L. Leach
2004 -AC -29 "THAT, the Lake Simcoe Regional Airport Commission meeting
move into camera at 10:05 p.m. to discuss a confidential property
matter."
Carried.
MOTION: Moved by G. Fernandes, seconded by A. Smith
2004 -AC -30 "THAT, the Lake Simcoe Regional Airport Commission meeting
move out of camera at 10:15 p.m."
Carried.
6.0 MEETING(S)
The next Commission meeting is to be held on Thursday July 15, 2004 at 7:00 p.m.
7.0 ADJOURNMENT
MOTION: Moved by M. Beauchesne, seconded by J. Crawford
2004 -AC -31 "THAT, the Lake Simcoe Regional Airport Commission meeting
adjourn at 10:25 p.m."
Carried.
3
M.Wrurnrn
Recording Secretary, LSRA Commission
Distribution:
Commission Members
W. McArthur
K. Short
J. Tascona, M.P.P.
Clerk's Office, City of Barrie
Mayor & Council, c/o City Clerk, City of Orillia
r�—k
ofter7
President, LSRA Commission
,Clerk's Office, Township of Oro-Medonte
P. DeVillers, M.P.
A. Caroll, M.P.
G. Dunlop, M.P.P.
I. Brown, City Manager, City of Orillia
L.S.R.A. Tenants
Minister of Energy
Hearst Block, 4th Floor
900 Bay Street
Toronto ON WA 2E1
Tel.: 416 327 6715
Fax: 416 327 6754
AUG - 5 2004
Ministre de Itnergie
Edifice Hearst, 4e 6tage
900, rue Bay
Toronto ON IV17A 2E1
TO.: 416 327 6715
T616c.: 416 327 6754
His Worship J. Neil Craig
Mayor
The Corporation of the Township of Oro-Medonte
148 Line 7 South
Box 100
Oro, Ontario
LOL 2XO
Dear Mayor Craig:
The Honourable Steve Peters, Minister of Agriculture and Food, has forwarded a copy
of your letter to-Premier McGuinty regarding the government's new electricity pricing
plan. I am pleased to respond.
Like my colleague, the Minister of Agriculture and Food, I appreciate that the removal of
the electricity rate cap will have an impact on the province's agri-food sector. This
impact will vary by commodity sector, and depend on what percentage of total operating
costs is represented by electricity.
After carefully considering many suggestions on electricity pricing from a wide range of
Ontario consumers and industry associations, the government introduced the
Ontario Energy Board Amendment Act (Electricity Pricing), 2003, which received
Royal Assent on December 18, 2003. We believe that it is a responsible approach to
electricity pricing that better reflects the true cost of electricity, and sends a clear and
powerful conservation message to Ontarians.
Under the new pricing plan that went into effect on April 1, 2004, the first 750 kilowatt-
hours (kWh) consumed by low-volume and designated consumers in any month is
priced at 4.7 cents per kWh. Consumption above that level is priced at a higher rate of
5.5 cents per kWh. Consumers using more than 750 kWh can save substantially by
reducing the number of kWh consumed each month at the higher price through
conservation measures.
../cont'd
M
This is an interim plan that will stay in place until the independent regulator, the Ontario
Energy Board (OEB), develops fair and transparent mechanisms for setting prices,
which will take effect no later than May 1, 2005. If the interim price plan exceeds the
true cost of the plan, all eligible consumers will receive a credit for the difference after
the OEB implements its pricing mechanism.
Allow me to explain why our new pricing plan is necessary. The 4.3 cent electricity
price freeze imposed by the previous government did not reflect the true cost of
electricity, and has cost Ontarians close to $1 billion. It effectively returned prices to the
unrealistic levels of 1993, and ultimately Ontario taxpayers have paid the price. It would
be irresponsible for the province and taxpayers to continue to subsidize electricity
consumption because it will compromise our ability to invest in health care and
education, and it provides little incentive for Ontarians to conserve energy. Since
Ontarians have been shielded from the true cost of electricity, these prices have
encouraged consumption instead of encouraging conservation.
It is my understanding that there are many opportunities for demand reduction and load
shifting — as well as opportunities for demand response control systems — in the
agricultural sector. In addition, there may also be opportunities for fuel switching, and
for larger facilities or cooperatives to aggregate and offer load reduction into the
wholesale market.
My officials have been working with the Ministry of Finance to facilitate the on-farm
production of electricity through tax incentives for new renewable generation. We are
also working with the OEB to develop standardized connection rules, a net metering
regulation favourable to farm scale production, and a regulation for a renewable
portfolio standard. I am also pleased to note that Ms. Carol Mitchell, the Parliamentary
Assistant to the Minister of Agriculture and Food, is leading a Green Fuels Project, to
explore the feasibility of generating alternative fuels on the farm.
I trust you will find this information helpful, and I appreciate you taking the time to write
to the Premier.
Sincerely,
Dwight Duncan
Minister
c: The Honourable Dalton McGuinty, Premier
The Honourable Steve Peters, Minister of Agriculture and Food
January 27, 2004
THE CORPORATION OF THE
148 Line 7 S., Box. 100
Oro, Ontario LOL 2X0
Phone (705) 487-2171
T 0 W N Fax (705) 487-0133
6A —1 :7 www.oro-medonte.ca
The Honourable Dalton McGuinty
Premier of Ontario
Queen's Park, Room 281
Main Legislative Building
Toronto, ON IV17A I Al
Dear Premier McGuinty:
The Township of Oro-Medonte includes diverse communities with beautiful rural and
farming land. A community of 18,315 full-time residents, Oro-Medonte covers a land
area of 61,000 hectares.
Accordingly, Council has ratified the following to lend support to the agricultural
community in facing increasing energy costs:
Whereas the provincial government's new energy pricing policy is scheduled
to come into effect on April 1, 2004;
And Whereas Ontario farmers are currently experiencing net income
decrease and will be adversely affected by higher energy costs;
And Whereas the Ontario Federation of Agriculture has made submission to
the Ontario Justice and Social Policy Committee Hearings with respect
amendments to Bill 4, An Act to amend the Ontario Energy Board Act, 1998;
and has further submitted comments to the Province with respect to alternate
means of power generation, conservation, elimination of barriers to farmers
becoming generators of power and the use of new technology to produce
power;
Now therefore, be it resolved that the Township of Oro-Medonte support the
Ontario Federation of Agriculture's request to the Government of Ontario for
consideration of the proposed amendments to Bill 4 that hydro be priced to
reflect farmers' real costs and that the government's proposed short-term rate
adjustments do not unfairly penalize the agricultural sector;
And further, that the Ontario Federation of Agriculture be advised of Council's
support.
-2-
On behalf of Council of the Township, I would therefore respectfully request that you
give f6vourable consideration to these recommendations.
Yours truly,
J. Neil Craig
Mayor
cc: Garfield Dunlop, MPP
Ontario Federation of Agriculture
Ontario Justice and Social Policy Committee
The Corporation of the County of Simcoe
Members of Council
Jennifer Zieleniewski, CAO
V
a
Dept. Report No.
To:
Prepared By:
-PR2004 -07
Council
Chris Carter
Council
Subject:
Renewal re: Concession
Department:
Parks and Recreation
Booth Contract.
Date:
September 1, 2004
C. of W.
R.M. File #:
Motion #
Date:
Roll #:
Over the past four years Eric McKinnon has been awarded the Contract to operate the Concession
Booth at the Oro - Medonte Community Arena. Contracts have been awarded by means of tendering
in the Barrie and Orillia newspapers. The present Contract PR2004 expired on April 16, 2004.
The cost associated with advertising in the Barrie and Orillia newspaper is approximately $400.00.
Only one submission, from Eric McKinnon, was received in response to the advertisement in 2002
and a two year contract was awarded. The proposed contract is for one year only pending staff's
investigation of the future use of the Concession Booth.
ANALYSIS:
Given that the McKinnons have suitably operated the Concession Booth for four years and have an
excellent working relationship with staff, they were approached to solicit their comments with respect
to renewing the Concession Booth contract from September 10th, 2004 to April 15th, 2005.
The McKinnons were in complete agreement with renewal of the contract from September 10th, 2004
to April 15th, 2005 (see attachment #1) and also agreed that the rental fee from the 2002 contract in
the amount of $9,000.00 apply ($4,500.00 per year) (Attachment #2).
The McKinnons have requested that they be permitted to submit financial installments as follows:
Month Amount/installment
September $ 500.00
November $1,000.00
December $1,000.00
January $1,000.00
February $1,000.00
Total: $4,500.00
It is recommended that the Township renew the contract with Eric and Sherry McKinnon for the
operation of the Concession Booth at the Oro-Medonte Community Arena from September 10th, 2004
to April 15th, 2005 in the amount of $4,500.00 and that financial installments be submitted as noted
above.
RECOMMENDATION(S):
1. THAT Report No. PR2004-07 be received and adopted.
2. THAT Council authorize the execution of the contract for the operation of the Concession Booth
at the Oro-Medonte Community Arena from September 10th, 2004 to April 15", 2005 in the
amount of $4,500.00 with Eric McKinnon.
3. THAT Eric and Sherry McKinnon be notified of Council's decision.
Respectfully submitted,
Chris Carter
Recreation Co-ordinator
C.A.O. Comments:
Date: A
C.A.O. k Dept. Head
M
THIS AGREEMENT made the 0 day 06 kf11),�,2002.
\y
BETWEEN:
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
(hereinafter called the "Township')
OF THE FIRST PART
-and-
Qric lWdKinnon
(hereinafter called the "Licensee"
OF THE SECOND PART
WHEREAS the Township is the owner of the Oro - Medonte Township Community Arena, in the
Township of Oro - Medonte, in the County of Simcoe;
AND WHEREAS the parties hereto have agreed that the Licensee will operate the Concession
Booth (hereinafter call the "Concession ") in the Oro - Medonte Township Community Arena.
NOW THEREFORE in consideration of the promise expressed herein, the parties hereto agree
as follows:
TERM AND APPLICABLE LAWS
The Licensee shall operate the Concession from September 16, 2002 to April 16, 2003, and
from September 16, 2003 to April 16, 2004. The term of this agreement maybe amended by
the Recreation Co- ordinator.
The Licensee shall comply with all applicable Federal, Provincial and municipal laws and
regulations in the operation of the Concession.
PAYMENTS
1. The Licensee shall pay the Township the amount bid of Nine Thousand Dollars
( $ 9,000) in the following manner by means of post -dated cheques:
(a) 10% ( $ 900.00) on or before the date of this Agreement;
(b) 20% ($ 1,800.00) on or before the Vi day of November, 2002
(c) 20% ($ 1,800.00) on or before the 1 st day of December, 2002
(d) 20% ($ 1,800.00) on or before the 1" day of March, 2003 ,.
(e) 20% ($ 1,800.00) on or before the is' day of November, 2003
(f) 10% { $ 900.00) on or before the 1st day of March, 2004
ti:
2
HOURS OF OPERATION
2. The Licensee shall keep the Concession Booth open for business for the minimum time
periods set out below;
( a ) During the months of September to April inclusive, during this Agreement,
between the following times on the following days;
(b) After a period of 30 days from the date the operation commences if the above
time and dates, in the opinion of the Licensee are not profitable, a request in
writing to the Recreation Co- ordinator to delete certain times would be
considered. A decision to delete or change times shall be at the discretion of the
Recreation Co- ordinator.
OPERATION OF THE CONCESSION BOOTH
3. , The Licensee agrees to operate the Concession Booth in accordance with the
following provisions;
(a) to provide an adequate number of competent employees to prevent undue
delay in service to patrons;
(b) to have employees wear suitable attire when on duty;
(c) to maintain maximum standards of cleanliness and hygiene for the
premises and employees;
(d) to comply with any directions of and to permit inspections by the Simcoe
County District Health Unit and any other Health regulatory agencies;
(e) to provide courteous, honest and timely service to patrons of the
Concession Booth;
(f) to provide goods and services of good quality and at fair market value;
(g) to terminate the employment of any employee for good cause, always in
compliance with the Employment Standards Act and applicable laws, upon
written request by the Corporation of the Township of Oro- Medonte;
(h) not to sell or allow the sale of any bottled refreshments;
(i) not to sell any alcoholic beverages;
(j) not to sell any prohibited or restricted goods or any goods which would
reasonably constitute a danger or hazard to patrons of the Arena;
(k) to sell "Pepsi" products in accordance with an existing agreement.
FROM:
TO:
DAY
6:00 am
10:00 pm
Saturday
6:00 am
10:00 pm
Sunday
12:00 noon
08:00 pm
Statutory Holidays
4:00 pm
10:00 pm
Monday
4:00 pm
10:00 pm
Tuesday
4:00 pm
10:00 pm
Wednesday
4:00 pm
10:00 pm
Thursday
4:00 pm
10:00 pm
Friday
(b) After a period of 30 days from the date the operation commences if the above
time and dates, in the opinion of the Licensee are not profitable, a request in
writing to the Recreation Co- ordinator to delete certain times would be
considered. A decision to delete or change times shall be at the discretion of the
Recreation Co- ordinator.
OPERATION OF THE CONCESSION BOOTH
3. , The Licensee agrees to operate the Concession Booth in accordance with the
following provisions;
(a) to provide an adequate number of competent employees to prevent undue
delay in service to patrons;
(b) to have employees wear suitable attire when on duty;
(c) to maintain maximum standards of cleanliness and hygiene for the
premises and employees;
(d) to comply with any directions of and to permit inspections by the Simcoe
County District Health Unit and any other Health regulatory agencies;
(e) to provide courteous, honest and timely service to patrons of the
Concession Booth;
(f) to provide goods and services of good quality and at fair market value;
(g) to terminate the employment of any employee for good cause, always in
compliance with the Employment Standards Act and applicable laws, upon
written request by the Corporation of the Township of Oro- Medonte;
(h) not to sell or allow the sale of any bottled refreshments;
(i) not to sell any alcoholic beverages;
(j) not to sell any prohibited or restricted goods or any goods which would
reasonably constitute a danger or hazard to patrons of the Arena;
(k) to sell "Pepsi" products in accordance with an existing agreement.
GENERAL COVENANTS OF THE LICENSEE
4. The Licensee, having inspected the Concession Booth and satisfied themselves
as to any equipment located therein, agrees to;
(a) use and maintain such equipment and fixtures in good condition at
their own expense including repairs where necessary, and upon the
termination of this Agreement, the Licensee shall deliver such
equipment and fixtures to the Township in good and substantial repair
and condition, and shall replace in whole or in part of them which has
been lost, damaged or destroyed; or
(b) to supply and maintain all necessary concession booth equipment
(c) well and sufficiently repair and maintain the portion of building
occupied under this Agreement, when, where and as often as need by
— (reasonable wear and tear and damaged by fire, lightning or tempest
only excepted).
(d) surrender and yield up to the Township, the said Township Concession
Booth and equipment in good and substantial repair an condition, at
the expiration or earlier termination of this Agreement — (reasonable
wear and tear and damage by fire, lightning or tempest only excepted)
ALTERATIONS AND REPAIRS
5. The Licensee shall not make any alterations or repairs without written
authorization of the Township and without having obtained all proper building
permits therefore.
DAMAGE DEPOSIT
6. The damage deposit of $350.00 shall remain with the township for the duration of
this Agreement as the deposit for the Agreement and will be refunded upon
termination of the Agreement, subject to any deduction for repairs to the building
or equipment necessitated by the actions or operations of the Licensee.
GENERAL PROVISIONS
7. The Licensee acknowledges that this Agreement is for the right to operate a
Concession Booth and equipment only.
8. (a) The Township may, in the case of damage by fire, lightning or tempest,
which makes repair of such damage within thirty (30) days impossible
(substantial damage), terminate this Agreement and the Township shall refund to
the Licensee that portion of the sum payable by the Licensee to the Township
which would be attributable to that �ortion of the year from the date of such
termination to and including the 16` day of April, 2004 and each party shall be
released from further obligation hereunder.
(b) Notwithstanding paragraph 9 (a), the Licensee shall be relieved from any
obligations pursuant to paragraph 2 and 3 of this Agreement in case of
A.
substantial damage.
9. The Township shall be under no liability whatsoever to any person, firm or
Corporation for any damages or injury, including death, to any person or persons
caused by or resulting from the operation of the Concession Booth by the
Licensee, his servants or agents, and Licensee shall, from time to time, and at all
times hereafter, protect, indemnify and forever save and keep harmless the
Township, and / or its officers, agents and servants, against any damage,
penalty, fire claim, judgment, costs, expense or charge suffered, imposed,
assessed or incurred for any violation or breach of any law occasioned by any
act, neglect or omission of the Licensee or his servants or agents.
10. Prior to execution of this Agreement by the Township, the Licensee shall provide
proof of liability insurance covering personal liability and property damage in a
minimum amount to Two Million Dollars ( $2,000,000.00 ). The said insurance
must be with an insurer satisfactory to the Township, and the policy shall show
loss payable to the Corporation of the Township of Oro - Medonte and Licensee
jointly.
11. The Licensee agrees to obtain and pay for all necessary licenses and permits
prior to commencing the operation of the Concession Booth.
12. The Agreement between the parties being a personal agreement, this Agreement
shall not be assigned or subcontracted. In the event of the death or bankruptcy of
the Licensee prior to the expiration of the term of this Agreement, this Agreement
shall become null and void and all lands and premises shall be delivered up to
the Township and any amount paid or payable by the Licensee shall be
apportioned to the date of death or bankruptcy.
13. The Township shall be responsible for all utilities used in connection with the
operation of the Concession Booth.
14. The Licensee may, until notified otherwise by the Township, sell first aid supplies
from the Concession Booth. Whether such items may continue to be sold by the
Licensee from the Concession Booth is at the sole discretion of the Township.
15. The Recreation Co- ordinator and any other authorized agent or servant of the
Township shall have the right at any reasonable time to enter and inspect the
lands and premises occupied under this Agreement.
16. The Licensee and its employees shall promptly deliver all articles found in the
Oro - Medonte Township Community Arena to the Recreational Facilities
Manager.
17. All notices and orders given to the Licensee may be served by mailing the same
to the Licensee at the address hereinafter set out, or by delivering a copy to the
Licensee personally or by leaving it at his place of business in the Oro Township
Community Arena, or by posting the same in a conspicuous place upon the
outside of the building occupied by the Licensee under this Agreement. If such
notice were served by mailing the service is deemed effective two (2) days
following said mailing.
18. Any breach or violation of the terms and conditions herein set forth by the
Licensee shall entitle the Township to terminate this Agreement forthwith without
notice. Upon termination of this Agreement, the Licensee shall remove from the
Concession Booth all of his supplies and equipment.
19. The Township hereby undertakes and agrees not to grant any other, t{
organizations or individual the right to operate a concession selling similar lines
of goods excepting:
(a) A function not related to "on ice" (arena floor) activities:
(b) A function in any other part of the Oro - Medonte Township Arena, in
conjunction with an " on ice" activity will require the consent of the
Licensee. Where consent is not forthcoming, the Township
reserves the right to a final decision in which the Licensee and
other parties involved will be duly notified;
(c) Vending
machines may be
n l
es will by the Township
costs
20. This Agreement shall terminate April 16th, 2004, unless amended by the
Recreation Co- ordinator. The Licensee shall remove all goods and equipment
owned by them from the Concession Booth by the 16" day of April 2004 and
shall leave the said Booth in a condition as set out in paragraph 18 hereof. It is
understood that if all such goods and equipment are not removed by such time,
that the licensee shall pay a storage charge determined by the Township of the
goods and equipment not removed and shall be liable for all expenses incurred in
the later removal of them.
21. If, in the absolute discretion of the Township, the Licensee is not operating the
Concession Booth in the best interests of the public or complying with the Laws,
Statutes, By -Laws, or Regulations applicable to them, or with the provisions of
this Agreement, the Township may terminate this Agreement without notice as
specified in paragraph 18 of this Agreement and the remaining applicable
provisions of this Agreement shall apply.
22. The Licensee shall .be responsible for the installation and removal of any phone
services required at the Licensee's expense.
WITNESS the Corporate Seal of the Corporation of the Township ofOro-
WedonbudulyaMoohedun d o, the hands of its proper signing officers authorized in
that behalf.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
,
Mayor, J. Nji Craig
WITNESS the hand and seal nf the Licensee cf the Second Part.
SIGNED, EALB]ANDDELK/ERED.
.
This day of, )
In the presence nt /
)
�=
itness
//s/
_
Page 1 of 1
r u
Chris Carter
From: OroRedWine @aol.com
Sent: Thursday, August 19, 2004 9:27 PM
To: Chris Carter
Subject: Guthrie Arena Snack Bar
Hi Chris! Once again, thanks for coming out to the golf course to meet with us!
As we discussed, we would like to operate the snack bar for a one year contract from Sept. 2004 - April 2005 for
$4,500. This will be payable as $500 in September, and $1000 per month from November 2004- February 2005
inclusive. We will forward these cheques upon receiving approval from you.
Thanks again! Sherry and Eric McKinnon
11.
TOWNSHIP OF ORO-MEDONTE
Na, A as] ah"ai
Dept. Report No.
To:
Prepared By:
PR2004-09
I
Council
Chris Carter
Subject:
Department:
Council
Quotes re: installation of
Parks and Recreation
Wooden Posts and Bollards
Date:
C. of W.
along Plan 626 (Promenade).
September 1, 2004
R.M. File #:
Motion #
Date:
dhmnm�
Roll #:
BACKGROUND:
In accordance with Council's resolution of November 5, 2003, funding for the delineation of the
boundary between the Promenade and private property between Blackman Boulevard and Myrtle
Avenue on Plan 626 was included in the 2004 budget. Funds were also allotted for the purpose of
installing emergency bollards.
ANALYSIS:
The following companies were asked to submit a quote to supply and install 24 removable bollards
and 54 wooden cedar posts 8x8x8 (Attachment #1).
Three quotes are outlined below for Council's perusal;
Company Quote
1. Simcoe Fence Company $12,572.00
2. Perfect Post Hole $13,161.00
3. Pat Lalonde Fencing $16,193.38
NOTE: The number of wooden posts required is lower than originally asked (32). This does not
affect the total outcome given the quotes are broken down as to cost per post (see attachment #1).
It is recommended that Simcoe Fence be awarded the project.
RECOMMENDATION(S):
1. THAT Report No. PR2004-09 be received and adopted.
2. THAT Simcoe Fence be awarded the contract for the installation of cedar posts and bollards at
the Lakeshore Promenade, Plan 626;
3. THAT all participants be notified accordingly.
Respectfully submitted,
Chris Carter
Recreation Co-ordinator
C.A.O. Comments:
Date:
C.A.O. Dept. Head
orgy : 5 I MCJ -ENCE
IFAX NO. : 705 322 1646
SIMCOE FENCE COMPANY
Box 3001, Eltnvale, Ontario LOL IN
Office: 705-322-1784 Fax: 705- 322 -1646
August 4, 2004
To: The Corporation of the Township of Oro - Medonte
Ann: Chris Carter - Recreation Co- ordinator
Dear Sir:
Re: Our site meeting
We are pleased to quote on your fencing requirements as follows.
To supply end install i 2
`'�
24 Re ovable Bollards (cemented)n $220.70 ea. = 5296.80 s
dar Posts 8 x 8 x 8' @ $119.50ea. = $6214.00 ./- Z co" ear 7v "m �
Plus 7% GST, p T l?ry
*'All underground cables to be marked by customers"
Please note that our prices are based on a cleared, graded And staled line with survey bars in. place.
Where we encounter rock or rubble we charge an additional $28.00 per hole, plus GST. Also please
note that it is your responsibility to have all underground utilities staked. out - Bell, Hydro, Gas and any
other underground lines that we could damage while excavating the holes for the footings.
Quotation is subject to site visit. At the present tine, due to the unstable prices of steel on the
market, this quotation is valid for 15 working days.
Terms: Net 30 days, upon approved credit.
Should you have any further questions, please feel free to call. Thanking you for the opportunity of
quoting.
SP :jp
AUTHORIZATION TO PROCEED WITH ABOVE:,
Date: i
Yours truly,
SINICOF FENCE CO�ANY,
Sid Price.
08/13/2@04 18:34 705-538-2810
PERFECT POST HOLE PAGE 01
fibmiax
customer
Comments: V
Wood
PVC
Type
Type —
44 —
— In post
6x6 —
— end post
IX6
2x4.
— cm post
lattice
— caps
gates
— gate
3/4 x 314
— pickets
— panel
Chain Link
— top rail
Style
— bt rail
mn post
line post
top rail
Ornamental Iron
br band
Style
rail end
— posts
)),)Its
— panels
cap
—end bracket
to band
car bracket
In post Lop
In bracket
W bar
swvI bracket—
link fabric
gate
fence tie
post cap&
bt wire
access.
.1. WX f
1 i:!��n ' — Length:
Approximate date and length of job Start Date". 6
The total cost of all labour material E . C)
GST S
PST $
TOTAL $ i
Deposit $ N -0 1149
Terms: Balance payable on completion $
_
If you do not accept our proposal by 20 0__�L it will lapse and
must be resigned by an officer 0f m Cf ntractor
CONTRACTOR PER: DATE:
Acceptance: The customer agrees to buy and pay for the above goods and or services, subject to the terms and
conditions on both sides of this page.
CUSTOMER: DATE:
r t--Nt— I N1-.
LM
owned 8 operated by Jamie GlIlesby
A Div. 01411771 Ontario Lid,
Elrnvale, Ontario
Tal; (705) 322-1802 Fm (705) 322-0127
Call Tull Free: 1-877-599-3099
OUOTATION
Please Indicate the abovo number when ordering
DUO 10NUAli
J �*-rr ..
ulilf'. � DAT,
U("
SIGNATURE:— SIGNATURE:
DATE.
5�Pn'OUNVJ STAKE '(3rT - �18EM I � '(DR0. I V, GAB. LL
UUNDITIONq WHERE Ftor�K BOULDERS. PAVC-Me H
EXTRA Cl1AMGt ��ILL APP @ Si6.00 PER F0(-)TIN(;' -14T.-AiDE W—AvS. OR FOUNDATIONS ARE ENCOUN7-ERED,
• IP Lr-GAL. LANG, SLjHj/r-V �,lr -- . 1-1 �
NOT %%Lii. 1)\NNF n eae
&OAPANTEI N ERECTION � ON. "?`�!ANK YOLJ
T11111 I I I UR 0MLL LJJL10;9'
Be it resolved that Council amend the resolution as follows:
1. That the recommendations in phase 1 be amended as follows:
@• That the Township remove the debris i.e. barrels, leftover docking.
0 That the Township brush the identified areas of concern.
• That the Township install appropriate signage i.e. POOP and SCOOP, Nature
Walking Trail.
• That the Promenade and shoreline remain natural with no placement of stones.
• That the Township commence the process to stop up and close the appropriate
sections of the Promenade, from Blackman to Myrtle, Simcoeside and Owen Road.
• That the Township install emergency bollards (post) and that access agreements be
entered with the abutting landowners for maintenance purposes.
2. That the recommendations in phase 2 be amended as follows
• That Council consider during the 2004 budget deliberation the development at
Blackman Boulevard as water access, with an accessibility ramp.
* That Council also consider during the 2004 budget deliberations, improvements to
Simcoeside Park to encourage public usage.
• That Council determine during the 2004 budget process the appropriate boundary
delineation for the Promenade while considering public input while determining the
maintenance budget of the Promenade.
3. That the recommendations in phase 3 be amended as follows
• During the 2005 budget deliberations Council give consideration to developing a
scenic lookout at Simcoeside and further that Council gives consideration to a
swimming dock at Blackman.
Carried.
Recorded Vote Requested by Councillor Fountain
Councillor Fountain
Yea
Councillor Hough
Yea
Councillor Hughes
Yea
Councillor Marshall
Yea
Councillor Bell
Yea
Deputy Mayor Dickie
Yea
Mayor Craig
Yea
Page 8
Council Meeting Minutes- November 5, 2003
;
September 1, 2004
s . i A) 1
Prepared by: Jennifer Zieleniewski, CAO
As a follow up to Mr. Chris Carter's, Recreation Co- coordinator, letter dated August 16, 2004
addressed to the abutting landowners of the Promenade, I have coordinated an analysis of
amended motion NO. 19 dated November 5, 2003 and report number ADM 2003 -047 dated
October 10, 2003 to ensure the direction received from Council was adhered to. As well as
reviewing the public correspondence received by Council dated September 16, 18, October 9 and
10, 2003 from Diane Gerrard; correspondence dated August 22, 2003from Frank Lawson; and
the correspondence dated October 14, 2003 from Marley Greenglass to ensure that all public
input was considered for the enhancement of the Promenade. To following comparison of the
original recommendations of report ADM 2003 -047 and Motion No 19 are presented for your
information.
A -1 to A -11 These numbers represent the original recommendations emanating from
report ADM2003 -047.
B -1 to B -13 These numbers represent the amended Motion No. 19 carried by Council
at its meeting of November 5, 2003.
A -1 B -6
A -2 B -7 (also addressed by Council through By -law 2004 -085, to establish
regulation with respect to municipally owned lands used for recreational
purposes enact July 14, 2004)
A -3, A -4, B -2
A -5, A -6,A -7 Addressed through the letter to abutting landowners from Mr. Chris Carter
dated August 16, 2004. (Septic systems and wells for consideration of a
lease agreement. These encroachments to be dealt with at a later time.)
(Portion of A -4 defeated: It was also the general consensus that once a
septic of well has been identified for replacement, it should not be
replaced on Township property.)
A -8 B -3
A -9 defeated by B -5 and replaced by B -11
A -10 B -9
A -I1 B -13
NEW B -4
I► � C 1
Note: definition of a natural path from the Working Group was to place stones in ground to provide
delineation. CONFIRMED by Working Group
The Working Group also made recommendations with respect to the implementation or possible
phase-in of the development as follows:
Phase 1:
�OThat the road end at Blackman Boulevard be developed for water access, with an accessibility
ramp and swimming dock (placement of the dock on a trial basis for one season including
signage with regard to no boat docking).
That Simcoeside and Myrtle Avenue be developed as scenic look out points, including benches
and (2) tables,
)� - 2 # That the Township remove the debris i.e. barrels, leftover docking.
75' - 3 e That the Township brush the identified areas of concern.
That the Township install appropriate signage i.e. POOP and SCOOP, Nature
Walking Trail.
That the Promenade and shoreline remain natural with no placement of stones.
That Council consider during the 2004 budget deliberation the development at
Blackman Boulevard as water access, with an accessibility ramp.
Z-/O, That Council also consider during the 2004 budget deliberations, improvements to
Simcoeside Park to encourage public usage.
That Council determine during the 2004 budget process the appropriate boundary
delineation for the Promenade while considering public input while determining the
maintenance budget of the Promenade.
Z�r 10 3, That the recommendations in phase 3 be amended as follows*
During the 2005 budget deliberations Council give consideration to developing a
scenic lookout at Simcoeside and further that Council gives consideration to a
swimming dock at Blackman.
C
August 16, 2004
Re: Lakeshore Promenade Plan 626
Please be advised that, after extensive discussion and input, construction will commence along the
Lakeshore Promenade (Blackman Blvd to Myrtle Ave) during the week of September 13, 2004.
Upon further investigation, it was determined that the Lakeshore Promenade was not registered as a road
allowance but as a "Promenade" and is therefore municipally owned lands used for recreational purposes.
It is therefore not necessary to "stop up and close" the Promenade. On July 14, 2004 Council approved
By -law 2004 -085 which does not allow the use of motorized vehicles on such municipally owned lands
used for recreational purposes unless explicitly authorized by Council, thus eliminating the need for
individual access agreements.
Egress and ingress to and from the Promenade by motorized vehicles will be granted by Council on an as
needed basis. If emergency access is required for vehicular traffic after hours or on a weekend, the
Township after hour's service will be provided with a contact person who will make the appropriate
arrangements. NOTE: damage securities will be determined by the Director of Building and Planning
pending the extent of the works.
The work program to commence on September 13, 2004 will include:
• Installation of removable bollards on Blackman Boulevard, Simcoeside, Owen Road and Myrtle
Avenue to mark the exclusion of vehicular traffic beyond these points;
Installation of appropriate signage;
Installation of eight -foot cedar identification markers, laser engraved with the Township Crest to
delineate the Promenade boundary. Each marker will be sunk into the ground allowing three feet
to protrude and will be located on municipal property six inches from the North boundary of the
Promenade abutting the private landowners' property and five feet in from the east lot line of
each private property. Please see diagrams enclosed.
Dye testing where necessary on certain properties.
In order to facilitate this work, the Township is requesting your co- operation in removing encroachments
from the Promenade i.e. winches, fire pits, etc. All encroachments are to be removed from property
bordered by the north boundary of the Promenade abutting private landowners' property to the top of the
embankment. Individual landowners will have an opportunity to request special consideration with
respect to encroachments prior to September 7, 2004. Special requests should be made by email or
telephone. Items remaining on Municipal property after September 7, without special permission, will be
removed and disposed of by the Township.
We wish to also inform you that the Township is working with the Lake Simcoe Region Conservation
Authority to obtain a permit for construction of the dock at the foot of Blackman Boulevard. Construction
will commence later this year.
We thank you for your co- operation in this matter. If you have any questions or concerns, please do not
hesitate to contact me at recreationLd.oro- medonte.ca or by telephone at 487 -2171. As I will be on
holidays from August 25`h to September 14`h, 2004 you can contact Mr. Jerry Ball, Public Works
Superintendent at publicworksa oro- medonte.ca or by telephone at 487 -2171 during my absence.
Yours truly,
Z�_ �-_
Chris Carter
Recreation Co- ordinator
Encl.
/mrp
C.C. Mayor and Members of Council
Lakeshore Promenade Working Group
Jerry Ball, Public Works Superintendent
Ron Kolbe, Director of Planning /Building
10
U
CPI-
01-
LAKE SHORE PROMENADE
MYRTLE AVENUE
IM
(To be located on Township Property 6 inches from North Boundary of
The Promenade abutting the Private Landowner's property and five feet
from the east lot line of each private properly.)
0
V• • ,�•
iD-Q -�
Dept. Report No.
ADM 2003 -047
Council _XX
C. of W. _
Motion #
Date: _Oct 15, 2003
t�a0�. rl I aom
BACKGROUND:
To: COUNCIL
Subject:
Lakeshore Promenade
Concession 11, Plan 626, (Oro)
Prepared By:
Jennifer Zieleniweski
Department:
ADMINISTRATION
Date: October 10, 2003
R.M. File No.
In the year 2000, the Township Solicitor provided Council with two options to consider with respect to
the municipal lands known as Lakeshore Promenade in Plans 626 and 1488. Notice of a public
meeting, to be held on Saturday May 13, 2000 at 9:00 a.m. in the Council Chambers, was circulated
requesting input from residents with regard to the Options available to Council relating to the Road
Allowance (attachment #1).
Background information was presented and the Township solicitor provided clarification regarding the
two options. The direction emanating from the May 13, 2000 meeting was that the residents be
offered supplemental opportunity to provide the Township with input regarding an option that was
preferred within their "community ".
Subsequently, several meetings occurred with the residents being encouraged to submit, in writing,
their position for Council's consideration. Council received the correspondence at their meeting of
October 12, 2000, along with report number ADM 2000 -69.
Essentially, Report ADM2000 -69 recommended that the portion of the Promenade that the Township
wished to maintain be secured by its development and that the balance of the lands be offered to the
abutting homeowners. Report ADM 2000 -69 was defeated by Council. Council directed THAT the
Lakeshore Promenade is to remain as public land in its entirety. THAT vehicular traffic be prohibited
on the Lakeshore Promenade from Blackman Boulevard to Myrtle Avenue. AND THAT the
boundaries between the Promenade and adjoining properties be defined.
During the 2003 budget deliberations Council approved the allocation of $ 50,000.00 dollars be
toward the development of a walking path at the Lakeshore Promenade. A Working Group
consisting of eight residents was struck to seek public input with.respect to the design of the walking
trail. They are as follows:
• Dick Bartlett
• Renee Paris
• Corinne M. Boyce
• Spiro Catania
• Hal Regan
• Steve Castellani
• Vicky Shepherd
• Marley Greenglass
The Working Group met at the municipal office on three occasions, September 9, 25 and October 9,
and attended a Saturday site visit on September 13, with the Recreation Co- ordinator and the CAO.
The Working Group discussed the issues relating to use of the Lakeshore Promenade, and were
provided with the current correspondence received by Council. At their meeting of September 9"',
the Working Group outlined their focus: safety issues, retention of the natural beauty, funding
allocation on improvements to water access and education of the public. At the site meeting of
September 13, discussions included;
• Retain the pathway as natural; the Recreation Coordinator to investigate use of stones to
delineate and direct residents on the pathway.
• Develop public access to the waters edge. The Working Group suggested two areas; the
road end of Blackman Boulevard as a preferred site for an accessibility ramp and swimming
dock; and mid -point between Blackman Boulevard and Simcoeside as a public
sitting /swimming area. Suggestions also included look out points at Simcoeside and Myrtle
Avenue.
• Safety issues; placement of bollards, the trimming of trees and stationary and non - stationary
encroachments.
• An implementation plan.
The Working Group's preference was to leave the Trail as natural as possible. Discussion also
occurred with respect to each person's definition of "natural ". The Working Group were advised
that leaving the Promenade "as is" was not an option given that "as is" did not address the
concerns raised by residents with respect to establishing a boundary between the Promenade and
adjoining properties. With respect to design options, the Recreation Co- ordinator investigated other
area trail designs (attachment # 2).
Options for delineation were considered by the Working Group and are as follows;
• curb and screenings
• screenings
• shrubbery
• markers (post & signage)
•
-markers (stone)
The Working Group's first preference was the installation of in- ground stone every eight to ten feet.
Based on public input, the staff tabled for discussion the need for a playground in the area. Staff
also advised the Working Group of Council's policies with respect to the funding of playgrounds. A
Member of the Simcoeside Ratepayers Executive serves on the Working Group and invited those
present to join the association to present to Council, in 2004, a request for consideration of the
construction of a playground and to spearhead a fundraising campaign. There was a commitment
shared by all the Working Group. (attachment #3)
A separate site visit was conducted with the Director of Fire and Emergency Services, the Director of
Building and Planning, the Road Superintendent, the Recreation Co- ordinator and the CAO to solicit
their expertise with respect to safety issues, compliance with the municipal By -laws and the design.
As a result, the Director of Fire and Emergency Services issued a letter to all residents abutting the
Lakeshore Promenade Plan 626, to remove any constructed "burn pit" on Township owned property
(attachment #4). Department Heads highlighted other immediate safety issues along the
Promenade: open derelict marine rails, as well as placement of construction equipment on the
Promenade. Senior staff identified areas that required brushing and tree trimming, i.e. where growth
impeded emergency vehicles. The requirement for the Township to re- establish the road allowance
at Owen Street, for emergency access purposes was also recognized. During the site visit staff
identified that a resident had installed an underground pipe emptying at the lake's edge. A die test
will be initiated to determine the contents of the waste materials.
Further comments from residents (attachment #5) have been taken into consideration.
ANALYSIS:
The general consensus of the residents on 2000 was better delineation of the Lakeshore
Promenade, some improvements to it as a walking trail and lakeshore access. The public input and
the attitudes remain consistent through the years.
The area referenced as Lakeshore Promenade has a history with many complex issues and includes
addressing both the road allowance and the lands between the top of bank and the water's edge.
To facilitate and assist with the analysis, the Working Group examined the Promenade in Sections.
Section 1
This section starts with the southwesterly portion of the Lakeshore Promenade from the East
boundary of Simcoeside Park to 8134 of the the Munec pal Act, to provedefegress and ingaessltowance
remain open by reason of Section
homeowners to their respective properties.
Section 2
This area encompasses lands from the second residence on Blackman Boulevard to Myrtle Avenue,
Section 34, subsection 7, of the Municipal Act would not apply, given that these residents have
access to and from their properties other than by the Lakeshore Promenade.
Section 3 .
This area includes the lands from Myrtle Avenue, proceeding in an easterly direction, to the property
boundary between Lot 63, Plan -626° and the Ukrainian National Federation Lands. Similar to lands
described in Section 1, Section 34 of the Municipal Act would apply in this situation with respect to,
ingress and egress to the residents' respective properties.
October 9, 2003 the Working Group minutes recording the general consensus;
• Delineation of the Lakeshore Promenade.
• Keep the pathway natural, stones to delineate and direct residents on the pathway.
• Place emergency bollards at Blackman
• Close up part of Simcoeside part way
• Place barriers at Simcoeside.
• Township to re- establish road allowance on Owen Street
• Place emergency bollards at Owen Street
• Place emergency bollards at Myrtle Avenue
• Develop public access to the water's edge by utilizing the road end at Blackman Boulevard
with an accessibility ramp and a swimming dock, placement of the dock on a trial basis for one
season.
• Mid -point between Blackman Boulevard and Simcoeside, develop a small public
sitting /swimming area.
• Suggestions also included look out points at Simcoeside and Myrtle Avenue.
• Township to clean up the Promenade i.e. garbage cans, thick brush.
• Township to contact homeowners to fill in the two existing marine rails (safety issue)
• Township to contact abutting homeowners to remove all items that are not stationary from the
Township property; individual request can be submitted to Council for consideration i.e. this
years storage of docks.
• Township to contact abutting homeowners concerning items that are stationary such as docks,
steps, sheds and pump houses, septic systems and wells for consideration of a Lease
Agreement with Council. It was also the general consensus that once a septic system or well
has been identified for replacement it should not be replaced on Township property.
• Township to advise homeowners that noncompliance will result in the Township removing the
encroachment at the homeowner's expense.
• For maintenance purposes, it is recommended that the abutting homeowners be encouraged
to continue present grounds maintenance of those portions outside the walking path.
• For maintenance purposes, Township to maintain pathway, garbage receptacles, benches,
picnic tables and public areas designated for water access.
• Township to maintain proper signage, i.e., poop and scoop, no boat docking, dogs on leash,
no vehicular traffic.
• Township to educate public through signage.
• Township to identify all underground utilities and agreements.
. ;Dc, ,5
Note: definition of a natural path from the Working Group was to place stones in ground to provide
delineation. CONFIRMED by Working Group
The Working Group also made recommendations with respect to the implementation or possible
phase -in of the development as follows:
Phase 1:
The Township commence the process to stop up and close the appropriate sections of the
Promenade, from Blackman to Myrtle, Simcoeside and Owen Road.
• The Township install emergency bollards.
Township to contact abutting homeowners to remove all items that are not stationary from the
Township property; individual request can be submitted to Council for consideration i.e. this
years storage of docks.
• Township to contact abutting homeowners concerning items that are stationary such as docks,
steps, sheds and pump houses, septic systems and wells for consideration of a Lease
Agreement with Council. It was also the general consensus that once a septic system or well
has been identified for replacement it should not be replaced on Township property.
• Township to advise homeowners that noncompliance will result in the Township removing the
encroachment at the homeowner's expense.
The Township put affected homeowners on notice with respect to safety issues: the two
abandoned marine rail beds, testing of underground piping, removal of construction
equipment, etc.
• The Township clean up debris, i.e. barrels, leftover. docking.
• The Township to brush the identified areas of concern.
The Township initiate development of the trail within the Promenade, the placement of stone,
i.e. 8 to 10 feet apart, the development of a small sitting, swimming area mid -way between
Blackman and Simcoeside.
Phase 2:
That the road end at Blackman Boulevard be developed for water access, with an accessibility
ramp and swimming dock (placement of the dock on a trial basis for one season including
signage with regard to no boat docking).
Phase 3:
That Simcoeside and Myrtle Avenue be developed as scenic look out points, including benches
and (2) tables.
Pending Council approval, and given the time of year, best efforts will be made by staff to bring
Phase 1; as recommended by the Working Group, to fruition by year's end.
Submitted for Council's consideration is the cost with respect to the development of Phase I of the
Lakeshore Promenade: mes in from Blackman Boulevard, Simcoeside and
• For the placement of bollards at two ho
Myrtle Avenue — estimated cost $ 3,000-00.
• For the development of a sitting, swimming area at the mid-point between Blackman
Boulevard and Simcoeside regarding removal of cement blocks and general clean up —
estimated cost $ 300.00 (own forces).
• For the de . lineation of the trail — estimated cost $ 20,000-00.
Although not reviewed by the Working Group, it is recommended that Council consider that
permanent markers be placed on each property by the Township to delineate the boundary between
the Promenade and adjacent properties.
It is also recommended that the Working Group meet once a year, prior to budget deliberations, to
review the progress of the project and, if necessary, make recommendations.
RECOMMENDATION (S):
1. THAT report ADM2003-047 be received and adopted.
2. THAT the correspondence dated September 16, 18, October 9 and 10, 2003 from Diana Gerrard;
the correspondence dated August 22, 2003 from Frank Lawson; and the correspondence dated
October 14, 2003 from Marley Greenglass, be received.
3. THAT the recommendations listed in Phase 1 be implemented immediately.
4. THAT the recommendations listed in Phase 2 be considered by Council during the 2004 budget
deliberations.
5. THAT the recommendations listed in Phase 3 be considered by Council during the 2005 budget
deliberations.
6. THAT a permanent marker be placed on each property by the Township to delineate the
boundary between the Promenade and the adjacent properties.
7. THAT the Working Group be recognized for their contribution toward the project.
Respectfully submitted,
J nife
e r r Zie niews
ief Administrative Officer
C.W10End
NOTICE OF PUBLIC MEETIITU REGARDING
OPTIONS FOR LAIKESH.ORE PROMENADE
(LAKESHORE PROMENADE —PLAN 626 AND 1488)
The Township of Oro-Medoute is requesting input from the residents within the above noted
subdivision.in regards to the Options available.to Council,with respect to the Road Allowance.
A meeting will be held on Saturday May 13,20M at 9 a.m. at the Township Administration Building
in the Council Chambers to receive input on the option indicated below:
A/ Proceed with Road Closing and Sale in accordance with Section 297 of the Municipal AM
B/ Maintain as Public Highway and proceed with By -law to close up to vehicular traffic in accordance
with Section 297 (Subsection 9) of the Municipal Act
A key map of the affected properties is provided below.
if you wish additional information on this matter please contact Jennifer Zieleniewski, C.A.O. or
Andria Leigh, Planner, between 9:00 a.m. and 4:30 p -m. at the Township of Oro- Medoute
Administration Building at 487 -2171.
DATED at the Township of Oro-Medoute this 27th day of April 2000.
KEY MAP
LAKESHORE PROMENADE
• � r^,`/•dy`, e... ~��m"'� "`P:. ... .. A a�.'... •. �r.��� �a' _.. �, � •f �, d��1r xs� p .. ( , .'� .m ;. t. � �����.���ct
' S r • r4 .r J.. -id�tP=t w- ,�,,,r�. � :� r „yp"na .. r 11 Left .P,�
,3 A[' °. , t•'' .� q• .aa�sy r d. c'P .. h p
.I .,�° .�,: wrf• ,��.: .,�. �`��Q6., � !''FS A �• �i it n.'� ^w .•s.../�` may;` "" � (� y(��_ "1r�i'
k { ,��'a +�` ..�, �a' i�'�"� ,r��t:f 't ,. � � *•4'G'. 4fgl- ( „ie� ,TA.• �.;�,'+`�, =•
,
F���� ., ti3f kar er{t.• rK* y.taw�� 1 rt �� Ail i
'�y�<• s i
� A 7_?f�•�tA t �; _ ` • �; � � �� i4'tj "'t w� rr �t w
r r � .. � � � : �Q } s�°: � ` i� � t�s;:t c ,, ,. � ", '� n sl. -q °, �^� �,� �r •+ .,,,'a. r .:
' ���' ,t• rl •� ,; 1 • y . .It F! �,� ,/ y A Sr"' r S ro''».
�m�r4�t'� , �� ggr a� s� 0.yA r ~ 6,�,t. t�� r �'� �...: 1 �.;'1i �t%fl�"r �+ia�t+ld°Py.ro ^•t � t e r.. nr
°�a''°ip ��,. •r a Q4'*:i w �. ^! P !t',.lr " i �ttc�.' a n'. ,J''v'.,A„r 'we:•�.•, .jai` e.' T AM'" �. r '' 1'•�•. t..
t, a +,cR�i �, ,�' •!�,�' e.tgN 1tr � Lt ,i* ,. r 1ro,y't ",a. 6^ � ��'6e.� t. 'AA' r � `.pS 4d �., "'•' z� . -r
A�F•;l:.R.:. t,.. •. ta'��: .r!M1; . +t+i ( }. ^ ^. ;+T.. �M.�• 'y . .� t',�„` f,•�i fol."t' �t '^'�rg'rL y,,;t`,:rf .r.y' 'a�•�`'e'ra +,t`i.:.
rl♦axr 4 '! Wr kv L' • 'R", a�r..t}I 'tP s t.?:• e.-r.' s+'a ?- ;+., • ,..a'"�ro!' �. L ..''9' ao A { '"" " "�r ¢.
.e�. t ''�n%1� ,d^ .b.� �,�' �,.t• ro Y � i° � r�x+' q �A� t ha >t°a•'F .e.t�1r, "t
f "i rp��/', 7t.::�$'�h . r't �•^n• t x,rn�lai r +;'�rk,.t.; • '••� :.w .��� t 'Yt,1'i. .rYi^ ,.,1 Yt y'�`dT, , }'t• .in��•.!j'�"+,,:�•.yr.: ! A, A
\, .r i.tt M�.�' +aeP,gy �T "' "t' 1'R•' 'd"' itr',. ,ana• oc,e w.r• ,�, 'A,: ;1.';w ..,� �:: �:. �r " � r*. .'•wt� �t'.S "� ��. r.�.�'r",fl'1' ;4Cj�,r �.+i tiC.""rJ ��i,, d+�..t ..,
v.. r. ., .w 1, • : f` ..r:, y l,s �•a� wi w 7 wS r ' . P 1 ro i .� Z�./t.. .6•, y.
, �iS1• � �r.,�` Af r� , ,', t 'A; 'P' .'�'ii.�. � �^P �r••P• :'y:� � l.+t� 4 wnT� a z51 � r? tR
ia7x �1' I! A6 ip �1,, A.�� r e 'fT ♦ t S.. d. '� '�.•�' 4"b''o '(• f
. � �, af, 9'��:': Aw ��.7�';�rr -i/�d. ' t. '�M i.�i o }�7 A.•• \ ?:!, \�t? t ! if< �� c 5. v. �/�l flr'•rl 'tR? 1 , T 4�r•r. °t.^,^*+'h1'5�;�•r,�
, h:
a,:n "• P'R' t"'' rL"'y,A �/ /!n t # 1'� y s r� . •f ,. r}. r - ,i+, R, :rye• : . s. • ,,,t..
� � �,eF Ai y.. .t r.. APf•M! ^t f 2 :mJV A i�y" "k,•4 _..a t .� *. h Arp wBt''•I�br� f ,t JtJ +� �. }:,. ,r .
f r �a'ir .ait L� a t .;2;�1;F{''9;1�t d "� �j�`�••d'n �� A�4��vr �'�� a ��ti"! C dJ�+�' R� ��r, ! n.- 1 Na .2�:i *; ar.!'�., �''�i:�' Ir
•t � ° 'rotTnh. �, -+R.aF vf" ,rx! f •' ,V, r R: tiw: ,r '� , a'
• ( "''A �' '0.y w r , t �.9M)/�7CIv'1r �ttaP'.,.�.'�'` 17" I,�
{ A. 1' 19 w'•n ^t • r !?d'tfP+7 & h W y N " N 1 �L'lcr., `i .x . • Q... 4 r •, .. .f ' Yt n,S: ti` ,.,piP�•Jru}%..^�. +.•:.. 'g.. M. �,,....+
b.• -i /rir`er hL•�l �..�•
,/• �� � t. � 'K� P. r9.i #'SCr I���a ��•� �,,,t A"�.A. '` � R'R�7i;1+ ?°'� ji�'0 •t.�.• �0. •!tN! .. Ai r t+`n�i '�^,'1a. (`
avi•Cy'p...':�,•*.h'y'
'♦I .' I'S t'r'tl 4r .fit •w,r h'd ao.a _ ' ,t taq�
��""�'"•• !.r'f r, p �h. ' • 1't d ?� �}+ "Q,'". ,+r�? s" !''ice .., �,,�. J • 4tr:.i . ;' •fit Pw' .�''�i -r aj.' +. %''%.! " (�'� ^�'p'" • r'•� - �:.
,/• lr,1 : t� or x M 7.� A. !• r a r ; �Rr�' :1. ,. . t 1 ' t' ,• t 1
. L U P� A.tl'.PAM 'r4 �-LM'" why, s •A. ... A1^. •� q " h a .e.. Nrr•.t. r
er•, d 8 rl w'S 'p. 1 a wa '..T qd g"9`1k �f "" r •a ..r ? ?'� �. f',%^„ t.! fir.." • r (;,,r
' 'rt '."ry4o 'A: ttt• d'i"�`� z +ir A! ° ' � ti �, -rt• y �vj,. "Swl ..e ...4 ,� . i t r'^'fy"°'_...' �r �li^r
ti n, y. am � r r,�,.v�.��i� .'� , 5r 'S ; s A �r � x'��« �CN i** '.. t A�r,trpf !a, ,;;r f.�••.R1tt^l; "r°. .•:r
K ' t .t'�rd'� � r�.`.Y' ; w r T -'c°rh k " r M''S e � r r crf.'tl. v w9 ., � t �.A1 A' to ,.MZ Al ••M«•r+,..
W
.r. •.. i„ q i�' . "., t. •N ..yj., t, �t�i t "v r °,� . 1 r' G �,t9., h.roj �A. '" •" .¢ � �. T �, ,!i iT+ i'hi}•ya. ( tr+.<°
" jT i � '� 1t N w' G� � "S�r�� . S ' ybo °r• . w w. I {*.• / _ {,�. R 'fP+a `� 't ?.7t±? �x'r• .1: tv. t i,in�.�.:,..ez t •,, a e.•. ^h^T« °:••:
• ,� Lid '1�T�'tw''�t �ei',Y '`�' a: , f t. ,� >'7.a�•y t+ A.ry*�z''4i 1'?'�.t� j, r
w. `9M 1 .�, a �r• «a��h..i �ar " �Mt i r ,+ PP.'""T; � K. it � " zn•'AA^a� So-.tr 1• ,
,,q y� m x n ". r, n hr A +R aw "P ry k.,jry• .y ";Y:J•�r A "SAtr'x? .' a' rn.o t _r... .rr. ,,
rd a y�,V�r 1 { F r ai��4l SF ".i.i:, )k ,f .. , � �S y; ... .>�'sr: r' ,p }Ta: a "" °d':•
'�. ' ti�rw ' >:ir E`l" rt. ° � . •A '' �. L � . k F.r•• �.ri'R'' i ,R4 t„ . : � • • + 3} r y '+n'TA•m,. i'� -fr. r P1". � " �.s * R i,' xhi a r n• ,� tP. '
,r' . &t r � t . 'M. � MA r �R5 }•, 1 rtt '' ♦.} '^';'�' .+ ,• ,�,� e�r'�'!t� �a..r- `'•+�r..e .,a,+ea ...'a" � .w..Me•t 4H' ! •° _.
Y �, » w �«� j .e�b,� .N L t '•
s . S• $' � •a � ? ,,��:+',1�� " rt�t�`'��'rf��•ber�, - '.�•rbb A " .. 'S ""* � M °,'^.1•n. �-i �'
'�j��.A P. . "''fT'(tir t�.a��. ^•`�R7+a YWrd °^fe "..'b'.'"' t�. *"'c y.+.ih°•. y'F �?atw. '!a. �••!:`:+Ye.. x 'Aro•rM^"r''�!';4�•r�.L'. '-�
�'.. � A •r \F' �'"�'[�.yp• � ro'.1 ti w�' r¢ T +'�' . ` � .V, :..p eis"+�.� ".'yyl'e••�y -,r t; .-.•rn .. M. i•i "aM,hKi. n•w�,�•'�' -^�'p? m.'A:., ,.
n . {�,{ `x((I ' .,P R.�j #' f+L: tj).S Pr„�! �iyV,lz P}Y � M w A ��4 r A •T'! .N 7; Y 'F•' Y• rrC L ,�,./h! h aM^6 1 M•K� �.
!g� * • k'' �T id r f 'k"Jt'�•N'`yy,n. �' <l,fC+ ? {Yj,�,.. wn fi }'f 7jit r. .r!°^ M M''iTt 1 t 1n, +-. "K S r'lF't'J"1 'R„ i.:• .#•_y,�.
.F•ai'i,,"'s.'4 e1,5 1 k'}: C"L�6" r 4 Tt ro, jA••
y ..w •.... wthcy, � rt' A nqm �' r� u� rE• t t MRS "��.�,rP "���,, �*'.... �
", "r' ,:; +alf��'t°,^t •Y�t,tn. r « #kM ;J!:�•"„ ,r k,a. 1 Z.. +C. y 1r.A �.:�gy ;}� a e� �tN^' i. ':«r/ •a
j `: .�. aF� -� •1 N �i r y. v�ytrr'a"t Jar v of j .- :r. � �.}' ryr� r,�fi._*, ! t ytr �Pr,. '�r *a�V'liwa�, +ro •l.. T' . " w; '15 A A y' M1.;JT.f,,;,i rr,. ,.a. .tr'!�..
n A •,r�F {� " �r�'�rjt `a:'��"A� A p��. ��a � ���ft R tt .,�, * j "s a t.. Y ��, °"� �"i?,r ��e:,
} �✓Ah .S�•'+�. ':i..1a}�'F�_n �r r p a ye V, tC;h, ,a+'R9*.1 ,�l�i:. "%: f t �vi�tp - ,n,, ri ;r +` °rw^t
. c.,ia 's >r t• «*,� ,>M'+g• "'r ti, 4::'� ,fir. NF ^„anA,r"i;' trrti6dkyfrk• �OFCP'.r+ nvrn R+('i'1;, s } Visit, a. .4'�"+�t "r�.yF' ' +. '.kA11`T' .�, �.� ...Mj6 %t? • A•' }
}1t, .,�,t,w, '�A, ai;Y„y1�,plx:�? :T .. . ',/' ��A. ' ,y'7 :flP'^�•'• � .:.n. ` .: -. .:� � �...�
�. q . N" �;'i: j a. �7aq.. r f w .�P!!e:A"'+''flr°?'�.': f t , � y.A*•r.. +r?f� Ib; f mrwo.•,
- ;�•R!a , �eF��y� ;,! :'^,'n� � .r P,;p :>v ' ! 'r •w,•; ;•n. 'i'J „i� • � t w,�ktfi*wH•.,�i'&""""�'',t~". �S J�e�- ..r,.•.r.,*•7y gt'°"1^!h'�^ '+" �^°.� ly�.��i9ht•lf"t v.4"
`+,"•ji..wc' °7"c' «°. .:.° -:�:r 1 j # ..«. .�t�' iry"'�.frA'''�i"+��'i r v'71aK�+1r r. ^azn b,.Mr,n ,v'�. sx1, �- t�m+�. � cNk t`.'�,i'cR+m' a bf�'•
• i �i
- • R+af x i' r i '" r,i 1 KN M . , > } ; • r A r . t t '" , } r t 'a r ..
�tt ftM .s' .:mot... ; kR•+" ^` a' ... r��' r 1 r 3 n v t - s r i •r 1 e�m�� .1 � J : r .y.
.M, � rA, 1 .j+r^. i1fl' jftrlxx'^�t t• a •: 1 x t•t Aaggis • •,
° R ,R ��"I'>M'�c ww r•. r r� .4F� n.y r ' o- trw re'' �ywu."..:c•= 3.sm'�'' � r #' arm . � � iy N's..i„ •J�i v f - i
. A d'� *,�'"T T 1 «� '•^"' "t't..r ''a'1'we,•,iiak "r : ` n T ,' .N/
PAr. � + � ��ea' 9 ac tR ; Pi�M'A 4A.� .a'•.•°,, tb�'� .. ��_ ,+ar'° %" 'ro"�� .. .. e,r. '.J, !,� /„J.a +n r %/.%
t•,''� *�tl+ m, .a '"� t 9,���'�.3�+� tAyr, ... � > •m-•xmnrrr.,P�.r,'r - "� �''' ".. .,...r.Ar.a „.rt't.t,...«r «x•�.
t .D { .t d t e k .t . „nr, r �.. ,•,.•n•r'ec �.: . , ..
AA
•'• "«•��tf: c� "" g'?.,,i•'•ltki+&: ' :arAM L'R ..'.r'. r a. -+".t _" '. � :;•..• ...
t �n��i't•r:^ �+�'�'`���� "yt�ytet,'t � *. -, a y �" a.y,l�9r nr •..r:r .. , ,r'° ` '� '
�' '�'t r�aPt�•r'•'S � �•a *Ala .r, ' r�" r„
r ���ib}' nr "� �! "fir ar v�y°1^ frM -' � r • . , r ` r .a ^ht .rS�lk, q• � x' a .
, � a.ra �g •yn.!'��rr,Am �y...wit ''/ °�', �:• in• ",
•t � � t � #r �, nt ;M��. i r,� u . � Ate,:..
j0
�A
Lake Simcoe
3
THE CO"ORATION OF THE
Of OR
FIRE & EMERGENCY SERVICES
September 26, 2003
Dear Resident:
- Registered Mail "
RE: LAKESHORE PROMENADE PLAN 626, ORO-MEDONTE
(FORMERLY ORO)
BOX 100
Oro, Ontario
LOL 2XO
Telephone
(705) 835-5568
Fax
(705) 835-5894
At a site visit on September 24, 2003, to the above noted Township owned promenade, it
was noted that there are numerous " burn pits " located on both of and on Township owned
property.
Ontario Fire Code O.Reg 388/97 as amended Section 2.6.3.4, does NOT permit open air
burning.
If you have constructed a 11 burn pit " on Township owed property, please remove it
immediately. You have until October 19, 2003 to comply or the Municipality will take
appropriate action.
If you have any questions, please call my office at (705) 835-5568.
Yours truly,
FIR
, CHIEF
Paul Eenhoorn
Oro-Medonte Fire and Emergency Services
"-,:t) Page 1 of l
Vic, —1'i
Jennifer Zieleniewski
From: Diana Gerrard [dianagerrardla @rogers.com]
Sent: Tuesday, September 16, 2003 10:28 AM
To:. don.bell @oro - medonte.ca; harry.hughes @oro - medonte.ca; neil.craig @oro - medonte.ca;
paul.marshall @oro - medonte.ca; Ralph Hough; .F�yth Fountain; walter.dickie @oro - medonte.ca
Cc: cao @oro - medonte.ca; garfield_dunlop @ontla.ola.org; ddawson @orilliapacket.com
Subject: Promenade
It seems there has now been some discussion about building a stepping stone path along the Promenade. I am
not sure how seriously stepping stones are being considered, but I would comment as follows:
1. Stepping stones, at the best of times, area tripping hazard. Further they do not facilitate accessibility. For
these reasons, the Ontario Government, the University of Toronto and the City of Toronto will not allow stone (or
unit pavers for that matter) on their property unless it is mortared onto a properly engineered concrete
base;
2. In order to reduce frost movement, stepping stones need a proper granular base. If a base is to be laid in this
location, it has inherent in it all of the same engineering problems as the gravel pathway;
3. Stone is expensive if properly installed. If it is not properly installed it is a waste of money because it will
break apart;
4. Installing stones would preclude the other items the Working Group has stated as the residents' priorities for
the $50,000.00 budget;
5. In Europe, grass walkways over both public and private lands are everywhere. The same is true in King
Township south of here. These walks are beautiful. They are well -used, economical, and do not impact the
environment. The best work is informed by precedents, not imposed, out -of- context, on the land;
6. 1 am not sure why the temptation remains to ignore the opinions and priorities of the people who live in Plan
626. Particularly when the Promenade is supposed to service only those of us who live here. You are our elected
representatives and our civil servants;
7. 1 repeat that anything built on a waterfront, that is to be permanent, must be engineered. It is my opinion
that you need to consult with a qualified urban designer, architect or landscape architect as well.
Thank you,
Diana Gerrard
PS I am not sure if it is relavent but I believe 65 Stanley Avenue is for sale. I would assume new owners will tear
it down the existing cottage and build a new home on the property.
10/15/2003
Page .1 of 1
Jennifer Zieleniewski
From: Diana Gerrard [dianagerrardla @rogers.comj
Sent: Thursday, September 18, 2003 10:51 AM
To:.
. o t n
paul.marrsshaill @o o- medonte ca; Ralph gh; Ruh Fountain; waiter d ck a @oromedonte.ca
Cc: cao @oro- medonte.ca; garfield_dunlop @ontla.ola.org; ddawson @orilliapacket.com
Subject: Re: Working Group
I have been thinking about this quite a bit since the Working Group meeting. I disagree with the staff decision not
to have the meetings minuted. It creates the appearance there is'something to hide', it reinforces the very present
suspisions of the local residents and it leads to a breakdown of the Group's effectiveness as any report of the
Group's findings is reliant on memory rather than record.
It is also highly unusual. I think it would be in everyone's best interests if minutes were taken and circulated. A big
part of the problems between the residents of Plan 626 and the Township have stemmed from a lack of
meaningful consultation, a lack of communication and an unwillingness to listen.
Diana Gerrard
10 /1 a 17r)(1I
Page 1 of 1
Jennifer Zieleniewski
From: Diana Gerrard [dianagerrardla @rogers.com]
.Sent: Thursday, October 09, 2003 1:30 PM
To:. cao @oro- medonte.ca
Cc: don.bell @oro - medonte.ca; harry.hughes @oro - medonte.ca; neil.craig @oro- medonte.ca;
paul.marshall @oro- medonte.ca; Ralph Hough; Ruth Fountain; walter.dickie@oro- medonte.ca;
garfield_dunlop @ontla.ola.org; ddawson @orilliapacket.com; Stephen Wells
Subject: October 9, Working Group Meeting
I am writing because, once again, I will be unable to attend the 'Working Group' meeting and I do have some
concerns.
However, before itemizing my concerns, I want to state that scheduling or cancelling a meeting of this nature with
twenty -four hours notice is at best inconsiderate of other peoples schedules and commitments and at worst an
obstacle placed to public participation.
My concerns are as follows:
1. Both ratepayer groups in the area have held meetings and produced minutes which clearly state they in no
way want a path along the Promenade. In spite of this, you continue to come back to the idea of some sort of
delineated walk. My understanding of the latest incarnation of the walk is that it is some kind of hybridized
configuration of 'stepping' stones. I have spoken with many people involved in this process and the only people I
have heard speak in favour of a path are you, Chris Carter and the Mayor. While, ironically, it seems apparent
that you do not feel the need to abide by the wishes of the residents. It is the right thing to do.
2. The 'stepping' stone path will impede accessibility along the Promenade, contrary to provincial guidelines for
handicap access to public open space.
3. Any path will serve to signal the Promenade as public to people who do not live in the neighbourhood.
The 'Working Group' could not have been clearer about not wanting this.
4. The 'stepping' stone path; and the significant repairs needed after the installation of such large stones, will
eat up :monies that the residents have clearly stated they would like spent on improved waterfront and Promenade
access. A more gentle grade at Simcoeside; signage to define the public and private realm; improved stairs at
Simcoeside Park; a removable dock at Blackman are a few of the items the 'Working Group' put forward as their
most urgent priorities.
The Promenade is wonderful. Yes, it has some problems for some of the area residents. And these need to be,
and should be, addressed. But, none of the problems voiced to date are solved by a path. In fact, the'stepping'
stone path will actually add problems.
With all due respect, neither you or Chris Carter are qualified (sealed) planners or landscape architects. It takes
years of training and experience to develop the skills both to listen carefully to various stakeholders and to have
the design vocabulary to develop innovative design solutions that will satisfy everyone.
10/15/2003
Page 1 of f
c,
Jennifer Zieleniewski
From: Diana Gerrard [dianagerrardla @rogers.com]
Sent: Friday, October 10, 2003 10:01 AM
To: cao @oro - medonte.ca
Cc: , don.bell @oro - medonte.ca; harry.hughes @oro - medonte.ca; neil.craig @oro - medonte.ca;
paul.marshall @oro - medonte.ca; Ralph Hough; Ruth Fountain; walter.dickie@oro- medonte.ca;
garfield_dunlop @ontla.ola.org; ddewson @orilliapacket.com; Stephen Wells
Subject: Fw: October 9, Working Group Meeting
Further to the 'Working Group' meeting last night:
1. Any final disposition of the Promenade must be exact) in compliance with the resolution of the similar
situation at Line 5. We are entitled to equal treatment by our local government.
2. The stakeholder members of the 'Working Group' are not entitled or authorized to agree to initiatives contrary .
to the stated position of the local ratepayers they represent without approval from those groups. (The local
ratepayer groups are, for example, on record with the Township against a path along the Promenade.) The
members cannot be representing themselves or they are in a privileged position not offered to other residents.
3. If the Promenade initiative comes to Council next Wednesday, it does not allow time for local residents
to request to speak in opposition.
4. A'stepping' stone path runs contrary to the Provincial directive to improve handicap access to public open
space. in compliance with this directive, priority should be given to improving access to the Promenade at
Simcoeside and Simcoeside Park.
5. 1 respect the desire of the Township and the local residents to delineate the public from the private realms
along the Promenade. Using a simple key system, such as that employed along the Bruce Trail, with a legend at
the entrance point of the Promenade would accomplish this in a way that is discreet, aesthetically pleasing and
effective. But, perhaps most importantly, it would be extremely cost effective, freeing up funds to be used to
achieve the stated priorities of the local residents.
Again, I must register my disappointment, in the strongest possible terms with both the 'process' and its proposed
outcome. Both the Promenade and this small community would have benefited from a standard public
participation process and qualified professional input.
1 n 1 c r1) nn1
Jennifer Zieleniewski Do,
From: Mayor [neil.craig @oro- medonte.ca]
Sent: Friday, August 22, 2003 4:33 PM
To:. cao @township.oro- medonte.on.ca
Subject: Fw: Lake Shore Promenade
--- Original Message ---
From: Frank Lawson
To: ne!I craig( oro- medonte.ca ; don bellCa oro- medonte.ca ;harry hushes aC�oro- medonte.ca ;
paul marshallooro- medonte.ca ; ralph hough(cDoro- medonte.ca ; ruth fountain(cD-oro- medonte.ca ;
welter dickie(cporo- medonte.ca
Sent: Wednesday, August 13, 200310:45 AM
Subject: Lake Shore Promenade
It has come to my attention that plans are underway for the Township to construct a Walkway on the Lake Shore
Promenade. The Simcoeside Ratepayers Association want this project cancelled.
You may recall that a meeting of the Simcoeside Ratepayers Association was held on Thursday, September 2,
1999 to discuss their vision for the three parks in our community, the Simcoeside Community Park, the
Simcoeside Park, and the Lake Shore Promenade. Copies of the notes that were taken at that meeting were
made available to the Township Office. The concensus on the Promenade were as follows:
1. The use of the land in question to. remain as public land, to be open to all, rather than just to the adjoining
property owners.
2. The Township to prohibit vehicle use, including snow machines, on the Promenade except where adjoining
property owners have no other means of access, and excepting emergency and maintenance vehicles.
3. The boundaries between the Promenade and adjoining properties to be clearly defined, perhaps with flowers in
flower beds.
4. As much as possible, the walkway to be left natural, in grass, rather than in gravel, boardwalk, etc.
This information was also provided to The Mayor and Council by way of a petition dated May 13, 2000.
It is clear that all the Raterpayers want is for the Township to delineate the boundary between public and private
land. That's it! End of story! Mark the boundary, cut the grass, that's all!
Rather than spend tax - payers money on something that is not wanted by those most affected, why don't you
apply it to something that is needed and wanted. In the same report ( September 2, 1999) the Ratepayers
reached a concensus on what should be done at Simcoeside Community Park:
1. The Township should continue to retain the Simcoeside Community Park.
2. Consideration should be given to making some modest additions, e'g', a "Playcenter," similar to the one at
Hawkestone Hall, to the park.
3. Flowers, in beds that define the borders of the park, should also be considered.
The report pointed out that "There is little or nothing for kids in the area (Simcoeside) and they cannot walk to
Hawkestone to play on the equipment there."
With less than the amount of tax - payers money that is earmarked for the Walkway, Council could provide the
Ratepayers of Simcoeside with what they want and need and have asked for. Why then is Council going ahead
with a project that the Ratepayers specifically asked not to be done?
Frank Lawson, P.Ag,(Ret'd)
122 Blue Haven Drive
Comp. 720 RR #2
Hawkestone, ON
LOL 1 T
Ph: (705)487 -7388
Fax: (705)487 -6444
E -mail: frank lawson(a ropers com
Page 1 of 1 -
Jennifer Zieleniewski n
From: Greenglass Family [greenglass @rogers.comj
Sent: Tuesday, October 14, 2003 1:30 AM
To:. neil.craig @oro- medonte.ca; harry. hug hes@oro-medonte.ca; don.bell @oro - medonte.ca;
paul.marshall @oro - medonte.ca; ruth.fountain @oro - monte.ca; walter.dickie @oro- medonte.ca;
ralph:hough @oro.medonte.ca; cao @oro - medonte.ca
Subject: Lakeshore promenade - letter from working group member
Subsequent to Promenade's working group's meeting last Thursday night, I have had some reservations on the
recommendations and have attached the following letter. I intend to be at the meeting on Wednesday night if
the Promenade is on the agenda.
If for some reason, the Promenade is not on the agenda, please e-mail me so that I do not drive up from
Toronto.
Yours truly,
Marley Greenglass
i n/1 c t)nnZ
MARLEY GREENGLASS
37 BOBWHITE CRESCENT
TORONTO, ONTARIO
M2L 2E2
October 13, 2003
Oro - Medonte Township
148 Line 7 South
Oro Ontario
LOL 2X0 Delivered by e-mail
Attention: Mayor Neil Craig
Dear Mayor Craig:
Re: Lakeshore Promenade Concession 11, Plan 626
My home is located at 75 Stanley Avenue and I am one of the members of the working
group that has been working toward resolution of the issues surrounding the
Promenade.
The council must understand that we, the working group, were not elected as
representatives for the front or back lot communities but have worked together in good
faith for the betterment of the community as a whole. At our last meeting certain
points were unanimously agreed upon for inclusion in Phase 1 that upon on reflection
and research I feel have issues and consequences that were not considered.
If the council wishes to exercise its powers by municipal by -law [101 (1)] to officially
register the closure of the road allowances I must oppose due to the lack of policies in
place to protect the owners of the properties adjacent to the promenade. Many of the
properties have wells, septic systems and other items that are only accessible through
the shoreline road allowances. Accordingly the road allowances should not be
formally closed until policies are in place to allow the abutting landowners access to
their properties in the event that access is required.
I would recommend that Phase 1 of the working committee's recommendations be
modified to include:
1. The installation of emergency barriers so that the appropriate sections of the
Promenade shoreline road allowances between Blackman and Myrtle, Simcoeside
and Owen Road will be closed to vehicular traffic but that access still be available
to the abutting landowners as the need arises.
2. The Township put on notice affected homeowners with respect to safety issues
(two abandoned rail beds). Please note that through discussions with the
homeowners it appears that these rail beds existed prior to their purchase of their
property and the cost of the repairs may have to be borne by the Municipality.
3. The Promenade continues to exist in its current state as a walking path with the
method of delineation to be established with input from the working group and the
community.
4. The Township to clean up debris and brush.
As far as the process for encroachments goes, (both stationary and non- stationary —
many of which have existed for years), we as owners need to feel that encroachments'
are being enforced equally throughout the Municipality. However, it appears that this
is not the case. The Fire Chief is demanding immediate removal of all open fire pits on
municipal land, as they are illegal while at Line 5 (Plan 709) there is a large open
bonfire pit on municipal property. The lack of consistency concerns me. Before any
action is taken with respect to existing encroachments a policy should be established
and exercised throughout the municipality as a whole. In addition, This policy should
take into consideration the long standing existence of these encroachments.
The working group did not address the cost of their recommendations and/or if the
funds could be better served spent elsewhere in the community. In addition, it has
come to my attention that our recommendations may significantly increase the
Municipality's insurance cost and as such may affect future property taxes for the
Township. The proposed recommendations should be studied further before being
passed by Council
Currently I spend approximately $500 per year to cut the grass and maintain the
portion of the Promenade adjacent to my home. It is unfair to ask the existing
landowners adjacent to the Promenade to continue to maintain it at their expense
without any recognition for their efforts. Council should address a leasing program of
some of the excess lands to the adjacent landowners in exchange for their continued
maintenance of the Promenade.
The current plan calls for a swim area located in front of one of the existing
residences. There are already two swim areas in the area (one at Blackman Road
end and one at Summerset Park) and due to the increased costs of maintaining this
swim area and the affect it will have on abutting property values more research should
be performed to determined the need for this additional swim area. Please note that
the proposed swim area is adjacent to an old boathouse foundation that must be
removed, prior to the creation of a formal swim area, in order to make the area safe.
The existing owner has advised that this foundation predates his purchase of the
property and will have to be removed at the Township's expense.
I recommend that these issues be deferred to allow the working group, the community
and the new Council enough time to research and acquire information.
Yours truly,
Marley Greenglass, M Ed.
CC: Deputy Mayor, Councilors, Jennifer Zieleniweski, CAO.
lac, -�
2003-2006 TERM
Monday, August 9, 2004 @ 7:01 p.m.
Robinson Room / Council Chambers
Present: Council Representatives
Public Representatives
Deputy Mayor Harry Hughes
Terry Allison
Councillor Dan Buttineau
Robert Barlow
Councillor Ralph Hough
Craig Drury
Councillor Paul Marshall
John Miller
Councillor John Crawford
Councillor Ruth Fountain
Regrets: Mayor J. Neil Craig, Mel Coutanche
Staff Present: Jennifer Zieleniewski, CAO; Andria Leigh, Senior Planner; Janette
Teeter, Clerk's Assistant
Also Present: Bruce Hall
1. Opening of Meeting by Chair.
In the absence of the Chair, Janette Teeter, Clerk's Assistant called the meeting to
order.
Motion No. PAC-1
Moved by Robert Barlow, Seconded by Terry Allison
It is recommended that in the absence of the Chairperson, Councillor Paul Marshall be
appointed to act as Chair for the Planning Advisory Committee meeting of Monday,
August 9, 2004.
Carried.
2. Adoption of Agenda.
Motion No. PAC-2
Moved by Craig Drury, Seconded by Terry Allison
It is recommended that the agenda for the Planning Advisory Committee meeting of
Monday, August 9, 2004 be received and adopted, as amended, to change Department
Report No. PD 2004-ZBA-1 5 to PD-2004-38.
Carried.
1 � � _'�'
3. Declaration of Pecuniary Interest and the General Nature Thereof — in
Accordance with the Act.
None declared.
4. Minutes of Previous Meetings — June 14, 2004.
Motion No. PAC-3
Moved by Terry Allison, Seconded by Craig Drury
It is recommended that the minutes of the Planning Advisory Committee Meeting held
on June 14, 2004 be received.
Carried.
5. Correspondence and Communication.
None.
6. Planning Applications.
a. Planning Report prepared by Andria Leigh, Senior Planner Re: Seld
Investments — West Part of Lot 27, Concession 3 (Oro), Application P-137/02
(ZBA).
Motion No. PAC-4
Moved by Craig Drury, Seconded by Terry Allison
It is recommended that Report No. PD 2004-36, Andria Leigh, Senior Planner, re: Seld
Investments — West Part of Lot 27, Concession 3 (Oro), Township of Oro-Medonte,
Application P- 137/02 (ZBA) be received and adopted as amended to reflect Option 1 as
the recommendation; and it is recommended to Council that Application P- 137/02,
(ZBA) submitted by Selri Investments — West Part of Lot 27, Concession 3 (Oro),
Township of Oro-Medonte proceed to a public meeting in accordance with the
requirements of the Planning Act.
Defeated.
Planning Advisory Committee Meeting —August 9, 2004
Page 2
\3C' -3
b. Planning Report prepared by Nick McDonald, Meridian Planning Consultants
Inc. Re: Tom Chillman — West Part of Lot 26, Concession 8 (Oro), Application
2004 - ZBA -15.
Motion No. PAC -5
Moved by John Miller, Seconded by Terry Allison
It is recommended that Report No. PD 2004 -38, Nick McDonald, Meridian Planning
Consultants Inc., re: Application for Rezoning - Tom Chillman - West Part of Lot 26,
Concession 8 (Oro), Township of Oro - Medonte be received and adopted, and it is
recommended to Council that Application 2004 - ZBA -15, submitted by Tom Chillman —
West Part of Lot 26, Concession 8 (Oro), Township of Oro - Medonte proceed to a public
meeting in accordance with the requirements of Section 34 of the Planning Act.
Carried.
7. Other Business.
a. Memorandum from Andria Leigh, Senior Planner re: Status — Planning
Applications July 2004.
Motion No. PAC -6
Moved by Craig Drury, Seconded by John Miller
It is recommended that the memorandum dated July 12, 2004, Andria Leigh, Senior
Planner, re: Status — Planning Applications for 2004 be received.
Carried.
b. Next Meeting — Monday September 13 at 7:00 p.m.
8. Adjournment
Motion No. PAC -7
Moved by Craig Drury, Seconded by Terry Allison
It is recommended that we do now adjourn at 7:43 p.m.
Acting Chair, Councillor Paul Marshall
Carried.
Senior Planner, Andria Leigh
Planning Advisory Committee Meeting — August 9, 2004
Page 3
�j
Committee of Adjustment Minutes
Thursday August 12, 2004, 9:30 a.m.
In Attendance: Chairman Dave Edwards, Member Lynda Aiken, Member Allan Johnson,
Member Garry Potter, Member Michelle Lynch, Senior Planner Andria Leigh and Junior
Planner /Acting Secretary- Treasurer Andy Karaiskakis.
1. Communications and Correspondence
-Those received will be addressed at the time of the specific hearing.
2. Disclosure of Pecuniary Interest
- None declared
3. Hearings:
9:30 2004 -B -25 Dorothy Hopkins
Cone. 1, Part Lot 15 (Orillia)
148 Line 15 S.
In Attendance: Dorothy & Oliver Hopkins, applicants, Tosh Skalosky, representing
Del -Coin Inc.
Acting Secretary- Treasurer read letter from Christine Gutmann, Environmental
Planner, County of Simcoe, dated August 10, 2004 verbatim to the Committee
members and those present in the audience.
Decision
Moved by Allan Johnson, seconded by Lynda Aiken
"That the Committee hereby grant Provisional Consent regarding Application 2004 -B -25
subject to the following conditions:
1. That three copies of a Reference Plan for the subject land indicating the severed
parcel be prepared by an Ontario Land Surveyor be submitted to the Secretary -
Treasurer;
2. That the applicant's solicitor prepare and submit a copy of the proposed
conveyance for the parcel severed, for review by the Municipality;
3. That the severed lands be merged in title with the Del -Coin Holdings lands and
that the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply
to any subsequent conveyance or transaction involving the subject lands;
4. That the applicants solicitor provide an undertaking that the severed lands and the
lands to be enhanced will merge in title;
5. That all municipal taxes be paid to the Township of Oro - Medonte; and,
6. That the conditions of consent imposed by the Committee be fulfilled within one
year from the date of the giving of the notice.
.....Carried."
9:40 2004 -A -32 Len & Sandra Bray
Plan 1291, Lot 14 (Oro)
33 Grandview Crescent
In Attendance: Len Bray, applicant & Robert Fumo, builder
Decision
Moved by Garry Potter, seconded by Allan Johnson
"That the Committee hereby Grant Minor Variance application 2004 -A -32, subject to the
following conditions:
1. That an Ontario Land Surveyor provide verification to the Township of compliance
with the Committee's decision by 1) pinning the footing and 2) verifying in writing
prior to pouring of the foundation;
2. The proposed deck shall be setback no closer than 15.8 metres (51.8 feet) from the
closest point of the proposed deck to the average high water mark;
3. That the applicant must verify that sewage system meets the required setbacks as
per Part 8 of the Ontario Building Code.
4. That the setbacks be in conformity with the dimensions as set out in the application,
as submitted; and,
5. That the appropriate building permit be obtained from the Township's Chief
Building Official only after the Committee's decision becomes final and binding, as
provided for within the Planning Act R.S.O. 1990, c.P. 13.
...Carried."
1
9:50 2004 -B -34 638230 Ontario Ltd.
Cone. 13, East Part Lot 5
(Medonte)
In Attendance: Jack Keizer, president of 638230 Ontario Ltd., & Rick
Vivian, 1719 Warminster Sideroad.
Decision
Moved by Garry Potter, seconded by Michelle Lynch
"That the Committee hereby defer Application 2004 -13-34 until such time as the status of the
Plan of Subdivision application has been determined and all matters relating to the development
of the entire parcel have been considered by Council.
...Carried"
10:00 2004 -B -35 Donald James Woodrow
Cone. 6, East Part Lot 2 (Medonte)
3624 Line 6 N.
In Attendance: Don Woodrow, applicant.
Decision
Moved by Allan Johnson, seconded by Garry Potter
"That the Committee hereby approve Consent Application 2004 -13-35 subject to the
following conditions:
1. That three copies of a Reference Plan of the severed land prepared by an Ontario
Land Surveyor be submitted to the Committee Secretary;
2. That the applicant's solicitor prepare and submit a copy of the proposed
conveyance for the parcel severed, for review by the Municipality;
3. That the applicant pay $ 2,000.00 as cash -in -lieu of a parkland dedication;
4. That the applicant pay a Development Charges Fee to the Township in the amount
determined by Council as of the date the fee is received by the Township;
5. That the applicant apply for and obtain a re- zoning on the severed land to
accurately reflect the residential land use; and,
6. That the conditions of consent imposed by the Committee be fulfilled within one
year from the date of the giving of the notice.
3
.....Carried."
10:10 2004 -B -36 Gerald & Laura Heatherington
Cone. 8, Lots 26 & 27, Un-
registered Plan No. 606, Lots 98-
107 & 137 -146 (Oro)
25 Sophia Ave.
_ In Attendance: No one.
Acting Secretary- Treasurer read letter from Judy Hardy, 6 Sophia Ave. dated
August 11, 2004 verbatim to the Committee members and those present in the
audience.
The application has been withdrawn and was dealt with by Council. No decision
was made by the Committee.
10:20 2004 -B -38 Dan & Mary Rupke
Cone. 5, East Part Lot 23 & 24
(Oro)
432 Line 5 S.
In Attendance: Dan & Mary Rupke, applicants, Lucille & David Hill, 576 Line 5 S.,
& Barry Stephenson, 546 Line 5 S.
Decision
Moved by Lynda Aiken, seconded by Michelle Lynch
"That the Committee hereby grant Provisional Consent as amended to a depth of 68.58
metres (225 feet) to Application 2004 -13-38 subject to the following conditions:
1. That three copies of a Reference Plan of the new lot be prepared by an Ontario
Land Surveyor and be submitted to the Secretary- Treasurer;
2. That the applicant's solicitor prepare and submit a copy of the proposed
conveyance for the severed parcel, for review by the Municipality;
3. That the applicant apply for and obtain a re- zoning on the severed land to
accurately reflect the residential land use;
4. That the applicant pay a Development Charges Fee to the Township in the amount
determined by Council as of the date the fee is received by the Township;
5. That the applicant apply for and obtain an easement for access to the East Half
Part Lot 24, Concession 5;
4
6. That the applicant pay a cash -in -lieu of parkland levy in the amount of $ 2000.00
in accordance with By -law 2004 -076; and,
7. That the conditions of consent imposed by the Committee be fulfilled within one
year from the date of the giving of the notice.
...Carried."
10:30 2004 -B -39 Donald & Helen Bell
Conc. 13, West Part Lot 13
(Medonte)
4983 Line 12 N.
In Attendance: Don Bell, applicant
Acting Secretary- Treasurer read letter from Peter & Karyn McKinnon, 281
Medonte Sideroad 2, dated August 4, 2004 verbatim to the Committee members and
those present in the audience.
Decision
Moved by Allan Johnson, seconded by Lynda Aiken
"That the Committee hereby approve Consent Application 2004 -B -39 being a bona fide
retirement lot from an original lot subject to the following conditions:
1. That three copies of a Reference Plan of the severed land prepared by an Ontario
Land Surveyor be submitted to the Committee Secretary;
2. That the applicant's solicitor prepare and submit a copy of the proposed
conveyance for the parcel severed, for review by the Municipality;
3. That the applicant pay $ 2,000.00 as cash -in -lieu of a parkland dedication;
4. That the applicant pay a Development Charges Fee to the Township in the amount
determined by Council as of the date the fee is received by the Township;
5. That the applicant apply for and obtain a re- zoning on the severed land to . Y
accurately reflect the residential land use; and,
6. That the conditions of consent imposed by the Committee be fulfilled within one
year from the date of the giving of the notice.
.Carried"
5
10:40 2004- B- 10(Rev) APT Operational Management
Cone. 2, Part Lot 2, RP 51R -28938
Parts 2 & 5 (Oro)
2953 Ridge Road W.
In Attendance: Mark & Kathy Porter, applicants, and Glenn Lucas, agent.
Decision
Moved by Garry Potter, seconded by Allan Johnson
"That the Committee hereby grant Provisional Consent for application 2004 -B -10 as
revised for the creation of a new lot subject to the following conditions:
1. That three copies of a Reference Plan of the subject land prepared by an Ontario
Land Surveyor be submitted to the Committee Secretary;
2. That the applicant's solicitor prepare and submit a copy of the proposed
conveyance for the parcel severed, for review by the Municipality;
3. That the applicant pay a cash -in -lieu parkland levy in the amount of $ 2,000.00 in
accordance with By -law 2004 -076;
4. That the applicant pay a Development Charges Fee to the Township in the amount
determined by Council as of the date the fee is received by the Township;
5. That the lands be appropriately zoned to reflect the size and frontage of both the
severed and retained lots and the location of the dwelling; and
6. That the conditions of consent imposed by the Committee be fulfilled within one
year from the date of the giving of the notice.
.....Carried."
10:50 2004 -B -31 Horseshoe Valley Resort
Cone. 3, Part East Half Lots 1 & 2,
Parts 1 & 17 on RP 5111-32830
(Medonte)
In Attendance: Ellen Dunn, representing Horseshoe Valley Resort
Decision
Moved by Michelle Lynch, seconded by Garry Potter
"That the Committee hereby grant Provisional Consent for application 2004 -B -31 subject
to the following conditions:
on
1. That the applicant's solicitor prepare and submit a copy of the proposed
conveyance, for review by the Municipality;
2. That the Township is satisfied that the lot can be serviced by sewer and water
services; and,
3. That the conditions of consent imposed by the Committee be fulfilled within one
year from the date of the giving of this notice
Carried."
11:00 2004 -B -32 Horseshoe Valley Resort
Cone. 3, Part East % Lots 1
& 2, Part 35 on RP 5111-
32830 (Medonte)
In Attendance: Ellen Dunn, representing Horseshoe Valley Resort
Decision
Moved by Michelle Lynch, seconded by Lynda Aiken
"That the Committee hereby grant Provisional Consent for application 2004 -B -32 for the
proposed easement to The Heights of Horseshoe Ski & Country Club subject to the
following conditions:
1. That the applicant prepare and submit a copy of the proposed conveyance for the
parcel severed, for review by the Municipality; and
2. That the conditions of consent imposed by the Committee be fulfilled within one
year from the date of the giving of this notice.
.....Carried."
11:10 2004 -B -37 Eric Cumming
Cone. 5, Part Lot 20 (Oro)
80 Line 5 N.
In Attendance: No one. .
Acting Secretary- Treasurer read letter from Christine Gutmann, Environmental
Planner, County of Simcoe, received August 10, 2004 verbatim to the Committee
members and those present in the audience.
7
Decision
Moved by Allan Johnson, seconded by Garry Potter
"That the Committee hereby defer Consent Application 2004 -13-37 to be considered at a
future date.
.....Carried."
11:20 2004 -B -40 Kaycee Enterprises Ltd.
Cone. 3, Part Lot 20 (Oro)
1633 Highway 11
In Attendance: Julianne Keegan, owner of Kaycee Enterprises Ltd.
Acting Secretary- Treasurer read letter from Kevin DeVos, Permits Officer,
Ministry of Transportation, dated August 10, 2004 verbatim to the Committee
members and those present in the audience.
The application has been withdrawn and should be dealt with by Council. No
decision was made by the Committee.
11:30 2004 -B -41 Horseshoe Salvil (Oro) Ltd.
Plan M477, Lot 32 (Oro)
18 Valleycrest Dr.
In Attendance: John Cockburn, solicitor for the applicants.
Decision
Moved by Garry Potter, seconded by Michelle Lynch
"That the Committee hereby grant Provisional Consent regarding Application 2004 -13-41
subject to the following conditions:
1. That three copies of Reference Plan 51R -31572 be submitted to the Secretary -
Treasurer;
2. That the applicant's solicitor prepare and submit a copy of the proposed
conveyance, for review by the Municipality; and,
3. That the conditions of consent imposed by the Committee be fulfilled within one
year from the date of the giving of the notice.
.....Carried."
0
11:40 2004 -A -33 Holly & Bill Pattenden
Plan 1310, Lot 33 (Oro)
10 Glengrove Ave.
In Attendance: Bill Pattenden, applicant.
Decision
Moved by Lynda Aiken, seconded by Allan Johnson
"That the Committee hereby approve Minor Variance Application No. 2004 -A -33, _
granting variances of 1.93 metres for the south corner of the proposed addition and 2.02
metres for the north corner of the proposed addition from the minimum required front
yard of 7.5 metres (24.6 feet) subject to the following conditions:
1. That the proposed addition be located no closer than 5.57 metres (18.3 ft.) at the
north corner and 5.48 metres (18 ft.) at the south corner respectively.
2. That the appropriate building permit be obtained from the Township's Chief
Building Official only after the Committee's decision becomes final and binding, as
provided for within the Planning Act R.S.O. 1990, c.P. 13;
3. That an Ontario Land Surveyor provide verification to the Township of compliance
with the Committee's decision by 1) pinning the footing and 2) verifying in writing
prior to pouring of the foundation; and,
4. That the setbacks be in conformity with the dimensions as set out in the
application, as submitted.
...Carried."
11:50 2004 -A -34 Stephanie & Michael Forhan
Plan M755, Lot 38 (Oro)
101 Lakeshore Road W.
In Attendance: Mike Forhan, applicant, and Warren Fitzgerald, contractor
Decision
Moved by Lynda Aiken, seconded by Michelle Lynch
"That the Committee hereby approve application 2004 -A -34 as follows:
THAT PERMISSION TO EXPAND A LEGAL NON - COMPLYING
STRUCTURE IS GRANTED FOR 101 LAKESHORE ROAD WEST FOR A
HALF STOREY ADDITION TO THE EXISTING DWELLING AND FOR THE
DETACHED GARAGE, ADDITIONS TO THE EAST AND WEST SIDE OF
C
THE EXISTING DWELLING AND FOR AN ATTACHED DECK AT THE
REAR OF DWELLING
and subject to the following conditions:
1. The east side of the expanded dwelling shall be no closer than 2.39 metres (7.84
feet) from the side lot line;
2. The west side of the expanded dwelling shall be no closer than 2.6 metres (8.53 feet)
from the side lot line;
3. The proposed deck shall be no closer than 10.9 metres (35.76 feet) from the average
high water mark of Lake Simcoe.
4. The front yard of the detached garage maintain the 1.37 metres (4.5 feet) setback
from the front lot line;
5. The west interior yard of the detached garage maintain the 0.96 metres (3.15 feet)
setback from the side lot line.
6. That the appropriate building permit be obtained from the Township's Chief
Building Official only after the Committee's decision becomes final and binding,
as provided for within the Planning Act R.S.O. 1990, c.P. 13;
7. That the setbacks be in conformity with the dimensions as set out in the application
and approved by Committee; and,
8. That an Ontario Land Surveyor provide verification to the Township of compliance
with the Committee's decision by 1) pinning the footing and 2) verifying in writing
prior to pouring of the foundation.
.....Carried."
12:00 2004 -A -35 Don & Dollores Wadden
Conc. 5, Plan 324, Lot 2 (Oro)
4 Trillium Trail
In Attendance: Dollores Wadden, applicant
Decision
Moved by Garry Potter, seconded by Allan Johnson
"That the Committee hereby Grant Minor Variance 2004 -A -35, subject to the following
conditions:
IN
1. That the proposed addition be located no closer than 2.03 in (6.66 ft) for the east
corner and 1.1 metres (3.6 feet) for the west corner of the addition from the interior
lot line;
2. That the appropriate building permit be obtained from the Township's Chief
Building Official only after the Committee's decision becomes final and binding, as
provided for within the Planning Act R.S.O. 1990, c.P. 13;
3. That an Ontario Land Surveyor provide verification to the Township of compliance
with the Committee's decision by 1) pinning the footing and 2) verifying in writing
prior to pouring of the foundation by way of survey /real property report prepared by
an Ontario Land Surveyor; and,
4. That the setbacks be in conformity with the dimensions as set out in the application,
as submitted.
Carried."
4. Other Business
Moved by Garry Potter, Seconded by Allan Johnson
"That the minutes for the July 15th 2004 Meeting be adopted as printed and
circulated
... Carried."
5. Adiournment
Moved by Garry Potter, Seconded by Allan Johnson
"We do now adjourn at 3:10 p.m."
... Carried.
(NOTE: A tape of this meeting is available for review.)
RECEIVED
AUG 2 5 2004
ORO-MEDONTE
TOWNSHIP
August 23, 2004
Mayor and Members of Council
Township of Oro-Medonte
Administration Centre
148 Line 7 South, Box 100
Oro, ON
LOL 2XO
Dear Mayor and Members of Council,
THE PLANNING
PARTNERSHIP
Re: Application for Zoning By-law Amendment — SeIri Investments
Line 2 South, Part of Lot 27, Concession 3, Township of Oro-Medonte
Town and
Country Planning
Landscape
Architecture
Communications
We act for Seld Investments, the owners of a 0.20 hectare (0.50 acre) vacant lot of record
located on the east side of Line 2 South in the Shanty Bay settlement area. The property does
not currently have any zoning in place. Seld Investments applied to the Township in 2002 to
request that zoning be established to permit construction of a residential dwelling.
At the last Planning Advisory Committee meeting on August 9, 2004, a report was before the
Committee from Township Planning Staff, dated July 23, 2004, regarding this application. The
report indicated that the property is designated "Rural Settlement Area" and that the permitted
uses within the designation include low density residential uses, as are proposed.
It was the view of staff, as stated in the report, that the proposal maintains the intent and
policies of the Official Plan and the report recommended that the Planning Advisory Committee
receive and adopt the report and that the application for rezoning proceed to a public meeting
under the Planning Act. However, I was in attendance at the August 9, 2004 meeting, and the
recommendation put forth by Planning Staff was not carried.
We believe that this application is appropriate, represents good planning and has merit for the
following reasons:
• This is an existing lot of record created in accordance with the Planning Act;
• The proposal is appropriate in terms of good land use planning as it will allow for a
residential dwelling on an existing lot of record in the Shanty Bay settlement area,
directing growth away from the rural area and protecting rural resources;
The proposal maintains the intent and policies of the Township's Official Plan and
provides for a land use permitted by the Plan — this lot is already designated and
therefore approved for development;
1255 Bay Street, Suite 201
Toronto, Ontario, Canada M5R 2A9
Tel. (416) 975-1556 Fax (416) 975-1580
email: info@ planpart.ca
i %, j-,
• Shanty Bay already has a diverse character and lot fabric as there are other lots with
less than the minimum required lot frontage and/or area (see attached Exhibit) — the lot
is consistent with others in the area and the proposal will not alter the area's character;
• Some form of zoning needs to be placed on this property as it is vacant and not zoned
at the current time — given the surrounding context, residential use of this property is
certainly preferable to other potential uses such as commercial or industrial;
• Approval of the zoning for this lot with reduced frontage will not set a precedent for
similar lots — the difference is that this is an existing lot of record and does not seek to
create a new lot;
• The only variance required to the Zoning By-law relates to the lot frontage. All other
setbacks and standards will be met or exceeded;
• The lot is of a sufficient size and shape to accommodate a sewage treatment system
and this can be ensured through the site plan review process; and,
• The proximity of the lot to the Rail Trail will not negatively impact the operation of the
trail and any perceived impacts upon the residential use of the trail can be addressed
through setbacks, buffering and landscaping.
Considerable time has elapsed since Seld Investments submitted this application in September
2002. Efforts have been made to address concerns and to examine alternative uses for the
property with the Township of Administration. Seld Investments has been cooperative and
patient throughout this long process, but remains confident about the planning merits of this
proposal and is committed to following through with the application to its conclusion.
In our view, this remains a bona fide planning proposal and application that has merit in terms
conforming to existing municipal policy and regulations and good land use planning. Further,
Planning Staff supports the residential use of this lot as it meets the intent of the policies of the
Official Plan as they relate to the settlement area of Shanty Bay and they recommend further
processing of this application by moving it forward to the public meeting stage.
Therefore, we urge the members of Council at the upcoming meeting of September 1, 2004, to
give serious consideration to this matter and to adopt the recommendation put forward by Staff
and to allow this application to proceed to a public meeting under the Planning Act.
Please do not hesitate to contact me at (416) 686-3563 if you have any questions or would like
to discuss this matter further.
le, I
Bruce Hall, Associate
The Planning Partnership Limited
cc. Andria Leigh, Senior Planner, Township of Oro-Medonte
Tony Reale and Lee Feliciano, Seld Investments
Figure 2:
LOTS IN VICINITY OF SUBJECT
PROPERTY WITH FRONTAGE OF
LESS THAN 30 METRES AND/OR
AREA OF LESS THAN 0.2 HECTARES
MAP KEY
11 Subject
Property
1�1Lots with frontage of
less than 30 m. (98.4 ft.).
Lots with area of less
than 0.2 ha. (0.49 ac.).
Lots with frontage of
less than 30 m. (98.4 ft.)
and an area of less
than 0.2 ha. (0.49 ac.).
Data Source:
Township of Oro-Medonte Assessment Roll
100 0 100 200 Meters
0
:WG -31 -2004 08:42 AM JUDY.CATANIA 705 487 5040 P.01
August 30,2004
Harry Hughes, dep. Mayor and Oro Medonte Council
Door Council,
1 felt the need to send this letter, and 1 think after 41 years of
working on the Promenade problem 1 think 1 have a solution.
1 received my letter regarding the work to be done, starting on
Sept.139 2004, and then was told that the people on plan 626 are going
to try and stop the work that was laid out in the letter.
Lets open the road allowance that was there In the late 50 and early
1960 and run the road right though from the creek right through to the
Uk.Camp and then anything wl,th ;wheels can use It, and I can again
drive along and see the water and enjoy the scenery, It seems that
there Is no pleasing anyone, and again we will be back to the drawing
board. 1 think the township Is Just as fed up with this whole deal as 1
am, and would like to see the bottom of Blackman Blvd. And the creek
fixed up for everyone to use, and then put a sign that says " Beware of
Cars", It sound stupid but enough is enough.
I see In the letter that poles are going to be put in as property
markers have you thought about In the winter when they are under
snow, the snowmobiles will still be: going along there, could this be a
problem If someone hits ttiorrw�.,:
Thanks for letting me voice my opinion.
Judy Catania (this is my opinion only)
Aug -31-04 , 12 :56 from-
. ,
DarTistcrS 6t 501icit=
Parcnt St Trademark Age=
McCarthyTetrault
August 31, 2004
VIA FACSIMILE #(705) 487-0133
His Worship Mayor Neil Craig and Members of Council
Township of Oro- Medonte
148 Line 7 South
Oro, Ontario LOL 2X0
Dear Mayor and Members of Council:
Re: bake Shore Promenade
Ownership of Promenade
Installation of Wooden Posts and Bollards
T -956 P.002/004 F -057
McCarthy Tetrault LLP
Box is, Suite 4700
Tornnw Dominion Bank Tower
Toronto ON M5K 1 F6
Canada
Telerhonv 416 362.1612
Facsimilc: 416 668 -0673
mccarthy -ca
John C.T. Inglis
Direct Line: 416 - 601 -7831
Direct Fax: 416 - 601 -8010
E -Mail: jinglis@xnccarthy.ca
I write on behalf of the following land owners, whom we represent in respect of matters
concerning the Lake Shore Promenade:
Diana Gerrard and Stephen Wells (Lots 32 and 110)
Marley and Jerry Greenglass (Lots 36 and 106)
Giovanni and Griuseppina Di Vizio (Lots 35 and 107)
Chris Chadjimichaelidis (Lots 34 and 108)
Stephen and Julie Castellani (Lots 29 and 113)
Bev LeMay and James LeMay (Lots 114,115 and 37)
Barry Guardhouse (Lot 28)
Julie Rocha and Andrea Gentile -Rocha (Lots 60 and 49, Part Lots 50 and 59; and Lot
51 and Part Lots 50 and 59))
Don and Gale Baldock (Lot 45)
Raymond and Victoria Shepherd (Lots 30 and 112)
Harold and Susan Regan (Lot 37)
Gerald and Brenda Prosser (7 Simcocside Avenue)
Noreen J_ Swallow (Lot 53, Part Lot 5)
Richard and Wendy Brown (19 Myrtle Avenue)
Edward and Edith Pallister (Lots 31 and 111)
I write in respect of the Township's proposed works on the Lake Shore Promenade,
particularly the installation of wooden posts and bollards. This item is agenda item 12.b) for
the September 1", 2004 council meeting.
TDO -ELM #722 75 70 v.
\'ar.o.vcr, Ca(.ary, Lrwoyt, Ta'orro 0- 2 -c,'M1 trc t, QULL-et, ku Yarn crvl L!ndcn, E;1�-iQn2
a -31 -04 12:58 From-
McCarthy Tetrault
T-956 P.003/004 F -057
-2- Mayor and Members of Council
August 31, 2004
On August 16th, 2004 Mr. Chris Carter, Recreation Cc- ordinator, issued a letter in which he
stated that construction will commence along Lake Shore Promenade during the week of
September 13`h. in that letter Mr. Carter also stated:
Upon further investigation, it was determined that the Lakeshore Promenade was not
registered as a road allowance but as a "Pro. Itnade" and is
not necessary municipally
up therefore owned lands used for recreational pure
and close" the Promenade.
On the basis of Mr. Carter's statement that the Lake Shore Promenade is not a road, it is our
position that the ownership of the Lake Shore Promenade appears to have passed to the
adjacent landowners by adverse possession. The adjacent landowners have openly and
notoriously used and maintained the Lake Shore Promenade for decades and treated it as an
extension of their own property, and the Township has never used or maintained it. The
Township therefore does not have any right to enter upon the Lake Shore Promenade lands
(the "Lands "), and does not have the right to erect wooden posts and bollards.
Even if the Lake Shore Promenade were an unopened (i.e., unassumed for maintenance
purposes) public road, the Township would still not have the right to erect barriers to the
passage of persons upon it, nor would it have the right to erect any barriers between the
Promenade and the abutting owners' lands, nor would it have the right to make any
improvements on the Promenade in the nature of recreational improvements. Such
obstructions or "improvements" would be inconsistent with its nature as a public road and
contrary to the common law goveming the use of unopened road allowances and the rights of
access of adjacent land owners.
I therefore respectfully request that the Township:
1, defer consideration of agenda item 12.b);
ny of the works set out in Mr. Carter's August 16th letter;
2, not undertake a
3. direct its staff and agents to refrain from entering upon the private property of our
clients, including the abutting portions of the Lake Shore Promenade down to the
water;
4, provide the undersigned with a copy of its memorandum or other documentation
supporting Mr. Carter's claim that the Lake Shore Promenade was not registered as a
road allowance but as a promenade; and
5. advise me respecting Council resolutions or actions respecting agenda 12.b) and also
the Lake Shore Promenade.
We request that the Township delay taking any actions at this time with respect to the Lake
Shore Promenade, and believe this to be a reasonable request as the Township has not done
TVD -ELM #72'27570 V. 7
McCarthy T�cnult LLP
kug -31 -04 1 1.2:58 . From—
McCarthyT&rault
T -956 P.004 /004 f -05T
August 31, 2004 - 3 - Mayor and Members of Council
anything to it for 90 years. In the next off � months enade, and hat actions should be Township
to determine the status and ownership
undertaken with respect to it.
Please reply to the undersigned as soon as you are able.
Yours very truly..
McCarthy Tetrault LLP
Per:
d
John C. T. Inglis
JCTI/tl
c: Mr. Chris Caner, Recreation Co- ordinator (via facsimile)
Ms. Marilyn Pennycook, Clerk (via facsimile)
TDO -ELM #7227570 v. 1
McCarthy Tetrault LLP
1
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2004 -086
BEING A BY -LAW TO PROVIDE FOR THE ERECTION OF STOP SIGNS AND YIELD
SIGNS AT INTERSECTIONS WITHIN THE TOWNSHIP OF ORO- MEDONTE
AND TO REPEAL BY -LAWS NO. 95-12, 95 -61, 96-89,96-111 AND 98 -33.
WHEREAS Section 137 of the Highway Traffic Act, R.S.O. 1990, as amended, provides that
the Council of a municipality may by by -law, provide for the erection of stop signs and yield
signs at intersections on highways under its jurisdiction and every sign so erected shall comply
with the regulations of the Ministry.
NOW THEREFORE the Council of The Corporation of the Township of Oro - Medonte enacts
as follows:
1. That stops signs be erected at the intersection of highways listed and described on Schedule
"A" attached and set out as Column 1 "sign located on ", Column 2 "direction of travel" and
Column 3 "at intersection of'.
2. That yield signs be erected at the intersection of highways listed and described on Schedule
"B" attached and set out as Column 1 "sign located on ", Column 2 "direction of travel" and
Column 3 "at intersection of '.
3. That Schedule "A "& `B" attached hereto forms part of this By -law.
4. That the penalties provided in the Highway Traffic Act shall apply to offenses against this
By -law.
5. That each designation made by Sections 1 & 2 shall not become effective until signs have
been erected in accordance with the regulations of the Highway Traffic Act.
6. That By -laws No. 95 -12, 95 -61, 96 -89, 96 -111 and 98 -33 be repealed in their entirety.
7. That this by -law shall come into force and take effect on the date of its final passing.
Read a first and second time this 11th day of August, 2004.
Read a third time and finally passed this day of , 2004.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, J. Neil Craig
Schedule "A" to By -law No. 2004 -086"
Sign Located on Direction of Travel At Intersection of
15/16 Sideroad
East
Line 7 East
15/16 Sideroad
West
Line 7 West
15/16 Sideroad
West
Line 3 North
20/21 Sideroad
East
Line 2 North
30/31 Sideroad
West
Line 2 North
30/31 Sideroad
East
Line 1 North
30/31 Sideroad
West
Line 1 South
Alberta Avenue
East
Bass Line
Algonquin Trail
North
Huronwoods Drive
Algonquin Trail
South
Huronwoods Drive
Alpine Drive
South
Slalom Drive
Alpine Drive
West
Line 7 North
Alpine Way
North
Hi hland Drive
Alpine Way
East
Line 4 North
Annwood Copse
West
Paisley Court
Barbara Avenue
North
Lakeshore Road
Barbara Avenue
South
Lakeshore Road
Bards Beach Road
West
Bass Line
Barr Avenue
West
Line 15 North
Barrie Terrace
West
Georgian Drive
Barrie Terrace
East
Colbourne Street
Bass Lake Sideroad
East
Line 8 North
Bass Lake Sideroad
West
Line 8 North
Bass Lake Sideroad
West
Line 7 North
Bass Lake Sideroad
East
Line 7 North
Bass Lake Sideroad
West
Line 2 North
Bassarab Place
East
Leigh Road
Bay Street
East
Line 2 South
Bay Street
West
Line 2 South
Beechwood Road
East
Ma lecrest Court
Bell Lane
North
Church Street Bell Lane
Bell Lane
South
Ba Street
Bickell Road
West
Line 14 Nort=Entrance
Birch Grove Drive
East
Countr Clu
Birch Grove Drive
West
Horseshoe
Birch Road
West
Line 13 NorBlackcomb
Drive
East
Medonte SiBlackman
Boulevard
North
Cam bell A
Blackman Boulevard
South
Stanley Avenue
Blackman Boulevard
North
Stanley Avenue
Blueberry Marsh Road
West
Scarlett Line
Bluehaven Drive
North
Kennedy Ave
Bluerid a Parkway
North
Ma lewood Parkway
Brambel Road
East
Line 4 South
Bridle Path
South
Alpine Way
Broadview Avenue
West
Bass Line
Broadview Avenue
West
nue
Brook Street
West
Bunker Place
North
Burnet Street
South
See ad
hne
Cam bell Avenue
South
Cam bell Avenue
North
Cayuga Court
West
Huronwoods Drive
Cedarbrook Crescent
East
Line 11 South
Charlotte Avenue
South
Owen Road
Cherry Trail
West
Line 6 North
Cherry Trail
South
Su arbush Road
Chestnut Lane
East
Nordic Trail
Church Street
East
Line 2 South
Claremont Crescent
West
Line 14 North
Cook Lane
East
Line 14 North
Coventry Court
West
Elv n Crescent
Crawford Street
North
Lakeshore Road
Dale Court
West
Valley Crescent
Devitt Street
West
Line 15 North
Dicker Lane
North
Lakeshore Road
Doroth 's Drive
West
Line 10 South
Dorothy's Drive
East
i Cam bell Avenue
Schedule "A" to By -law No. 2004 -086
Sign Located on Direction of Travel At Intersection of
Doroth 's Drive
West
Campbell venue
Dorothy's Drive
East
Drury Mill Road
West
Duncan Drive
East
Duncan Drive
Dunn's Line
Dunn's Line
South
North
South
t
oad
Foxmead Road
Eady Station Road
Eady Station Road
Edith Drive
East
West
North
Line 11 North
Line 10 North
Lakeview Drive
Edith Drive
South
Lakeview Drive
Edith Drive
Eight Mile Point
Ellen Drive
North
North
West
Price Drive
Lakeshore Road
Line 8 North
Elm Court
Elv n Crescent
Fairvalle Church Road
Fairwa Court
South
South
East
North
Howard Drive
Lakeshore Road
Line 11 North
Hi hland Drive
Fairway Court
East
Fairwa Court
Fer ushill Road
Forest Plain Road
Forestview Road
Forestwood Lane
North
South
South
North
Lan man Drive
Paterson Road
Jamieson Road
Lakeshore Road
Forrester Road
West
Line 3 South
Foxmead Road
West
Anderson Line
Foxmead Sideroad
East
Townline
Frankco Street
West
Leigh Road
Ganton Road
West
Line 15 North
George Street
North
Howard Drive
George Street
Georgian Drive
Georgian Drive
West
East
North
El v n Crescent
Richelieu Road
Cham lain Crescent
Glacier Crescent
South
Slalom Drive
Glacier Crescent
East
Alpine Drive
Glen rove Avenue
West
Joy Avenue
Gore Road
East
Line 1 South
Gowan Road
North
William Street
Graham Street
East
Spencer Trail
Graham Street
Grandview Crescent
Grandview Crescent
West
West
West
Gowan Road
Lakeshore Road East
Lakeshore Road East
GreenGables Drive
North
Charlotte Avenue
GreenGables Drive
South
Owen Road
Greenshield
West
Nevis Rid e Drive
Greenwood Avenue
East
Line 13 North
Guest Road
Hawthorn Place
West
South
Line 6 South
Bass Lake Sideroad
He install Place
He install Place
West
East
Orsi Drive
Bass Lake Sideroad
Hickory Lane
West
Line 6 North
Hickory Lane
West
Line 6 South
Highland Drive
East
Line 4 North
Highland Drive
West
Line 3 North
Hillside Court
West
Valley Crescent
HI nka Place
East
Lei h Road
Hollick Crescent
West
4 Line
Howard Drive
Howard Drive
West
South
Elv n Crescent
Shelswell Boulevard
Hummingbird Hill Road
West
Scarlett Line
Huronwoods Drive
H 11 Overpass
H 11 Overpass
H 11 Overpass
H 11 Over ass
H 1.1 Overpass
East
West
West
East
East
North
Line 6 North
Line 3 South
Line 3 North
Line 5 South
Line 5 North
Line 11 North
H 11 Overpass
West
Line 7 North
H 11 Overpass
Ice Road
Indian Road
West
North
East
Line 7 South
Lakeshore Road East
Memorial Crescent
Indian Road
West
Memorial Crescent
Ingram Sideroad
East
Line 8 North
Schedule "A" to By -law No. 2004 -086r x.
Sign Located on Direction of Travel At Intersection of
Ingram Sideroad
East
Ingram Sideroad
West
h
Ironwood Trail
South
s Drive
=Drive
Iroquois Ride
North
s Drive
Jamieson Road
West
th
Jamieson Road
East
Road
Jane Street
West
Line 14 North
Jermey Lane
West
Line 9 South
Jermey Lane
East
Nevis Rid e Drive
John Moon Road
West
Woodland Drive
John Moon Road
East
Moon Point Drive
John Street
East
Allen Street
John Street
West
Line 11 South
Jo Avenue
South
Broadview Avenue
Kar atian Place
East
Leigh Road
Kennedy Avenue
West
Line 10 South
Kirkpatrick Street
South
Lakeshore Road
Kirkpatrick Street
North
Tudho a Boulevard
Lakeshore Road
North from Lakeview
Lakeshore Road
Lakeshore Road
West
Line 5 South
Lakeshore Road
East
Line 7 South
Lakeshore Road
West
Line 7
Lakeshore Road
West
Line 9 South
Lakeshore Road
East
Line 9 South
Lakeshore Road
West
Line 12 South
Lakeshore Road
West
Line 13 South
Lakeshore Road
West
Line 14 South
Lakeshore Road
East
Ei ht Mile Point Road
Lakeview Drive
East
Edith Drive
Lakeview Drive
West
Edith Drive
Lakeview Road
East
Line 5 South
Lakeview Road
West
Olive Drive
Lakewood Court
West
Line 13 South
Lan man Drive
West
Line 14 North
Leigh Road
North
Shewchenko Road
Line 1 North
North
Bidwell Road
Line 1 North
North
Ski Trails Road
Line 1 North
South
20/21 Sideroad
Line 1 South
South
5/6 Sideroad
Line 1 South
North
5/6 Sideroad
Line 2 North
South
50/51 Sideroad
Line 2 North
North
Mount St. Louis Road West
Line 2 North
North
Ski Trails Road
Line 2 South
South
Ski Trails Road
Line 3 North
North
Mount St. Louis Road West
Line 3 North
North
Bass Lake Sideroad
Line 3 South
South
Bass lake Sideroad
Line 4 North
North
Mount St. Louis Road West
Line 4 North
South
In ram Sideroad
Line 4 North
North
Bass Lake Sideroad
Line 4 North
North
15/16 Sideroad
Line 4 South
South
Mount St. Louis Road West
Line 4 South
South
Bass Lake Sideroad
Line 4 South
South
15/16 Sideroad
Line 5 North
North
Mount St. Louis Road West
Line 5 North
North
In ram Sideroad
Line 5 North
North
Bass Lake Sideroad
Line 5 North
North
15/16 Sideroad
Line 5 South
South
Mount St. Louis Road West
Line 5 South
South
Bass Lake Sideroad
Line 5 South
South
15!16 Sideroad
North
Mount St. Louis Road West
Line 6 North
South
Monica Court
Line 6 North
North
Bass Lake Sideroad
Line 6 North
North
15!16 Sideroad
Line 6 North
North
Lakeshore Road
Line 6 South
South
Lakeshore Road
Line 6 South
South
Mount St. Louis Road West
Line 6 South
South
15/16 Sideroad
Line 6 South
North
15/16 Sideroad
Line 7 North
South
Mount St. Louis Road West
Line 7 North
Schedule "A" to By -law No. 2004 -086
Sign Located on Direction of Travel At Intersection of
Line 14 Norm
Line 14 South
Line
South
-
Base Lake Sideroad
Line 14 South
South
Lakeshore Road
Line 14 South
South
15/16 Sideroad
Little Road
North
Lakeshore Road
MacKa Street
North
Ganton Road
Ma le Court
West
Hickory Lane
Maple Hill Drive
South
Bidwell Road
Maple Hill Drive
North
Green Mountain Court
Maplewood Parkwa
South
Lakeshore Road
Maplewood Parkwa
East
Line 15 South
Mariposa Crescent
North
Kennedy Ave
Matilda Street
West
Line 11 South
McArthur Street
North
Lakeshore Road
McHu h Street
North
Lakeshore Road
McLean Crescent
North
Ei ht Mile Point
Medonte Sideroad 2
South
Mount St. Louis Road
Melissa Crescent
North
William Street
Melissa Crescent
West
Line 2 South
Melville Court
East
Line 5 North
Memorial Crescent
South
Lakeshore Road
Memorial Crescent
South
Lakeshore Road
Mill Pond Road
East
Line 7 North
Mill Pond Road
West
Line 6 North
Mitchell Road
West
Lakeshore Road
Mitchell Road
East
Grandview Crescent
Mohawk Heights
West
Iroquois Ridge
Monica Court
West
Line 6 North
a�
Schedule "A" to By -law No. 2004 -086
Sign Located on Direction of Travel At Intersection of
Moon Crescent
South
Ellen Drive
Moon Crescent
South
Ellen Drive
Moon Point Drive
East
Woodland Drive
Moonstone Crescent
East
Slalom Drive
Moonstone Crescent
East
Slalom Drive
Mount St. Louis Road
West
Scarlett Line
Mount St. Louis Road
West
Line 9 North
Mount St. Louis Road
East
Line 9 North
Myrtey Avenue
West
Charlotte Avenue
Napoleon Road
West
Gore Road
Nelson Street
East
Bass Line
Nordic Trail
North
Alpine Way
oad
East
Line 9 North
ce
South
Bass Lake Sideroad
ue
West
Huronwoods Drive
M
South
Lakeshore Road
North
Lakeshore Road
South
Lakeshore Road
Orr Farm Road
South
Sta e Coach Road
Orser Drive
East
Bass Line
Orsi Drive
East
He install Place
Orsi Drive
North
Sunset Crescent
Overpass
North
15(16 Sideroad
Owen Road
West
Charlotte Avenue
Owen Road
West
Campbell Avenue
Palm Beach Road
West
Lakeshore Road
Parkside Drive
South
9 Line
Parkside Drive
West
Lakeshore Road
South
Greenwood Forest Road
Parkview Avenue
East
Line 15 South
Paterson Road
East
Ran a Road
Pemberton Lane
West
Line 2 North
Peter Street
East
Line 3 North
Peter Street
West
Line 3 South
Peter Street
East
Line 4 North
Peter Street
West
Line 4 South
Peter Street
East
Line 5 North
Peter Street
West
Line 5 South
Peter Street
West
Line 8 North
Peter Street
East
Line 9 North
Peter Street
East
Pinerid e Trail
Pine Hill
West
Cathedral Pines
East
Cathedral Pines
West
Pinerid e Trail
Man
South
AI ine Wa
East
Line 11 South
East
Lakeshore Road
nt
West
Lakeshore Road
Poplar Crescent
South
Robbins Drive
Preston Street
North
Warminster Sideroad
Preston Street
West
Olive Drive
Price Drive
East
Edith Drive
Price Drive
West
Edith Drive
Price Drive
West
Farmington Crescent
Price Drive
East
Line 2 South
Raikes Street
West
Woodland Crescent
Red Pine Court
South
Warminster Sideroad
Richelieu Road
East
Line 13 North
Robbins Drive
West
Mill Street
Robinson Street
East
Cam bell Avenue
Rose Marie Drive
West
Line 10 South
Rosemarie Drive
West
Line 8 North
Ross Road
East
Teanausta e Drive
Saint Antoine Crescent
West
Teanausta e Drive
Saint Antoine Crescent
North
Mount St. Louis Road West
Scarlett Line
West
Crai Sideroad
Scarlett Line
West
Line 9 South
School House Road
East
Line 9 South
School House Road
North
Huronwoods Drive
Seneca Lane
Shelswell Boulevard
West
Elv n Crescent EE�
Shelswell Boulevard
East
Lakeshore Road
Schedule "A" to By -law No. 2004 -086 , 1
Sign Located on Direction of Travel At Intersection of
Shelswell Crescent
East
Line 15 North
Shewchenko Road
East
Line 11 South
Shoreline Drive
West
Line 13 South
Shoreline Drive
East
Lakeshore Road
South
Greenwood Forest Road
Simcoe Road
North
Owen Road
Simcoeside Avenue
South
tanley Avenue
Simcoeside Avenue
East
Line 3 North
Ski Trails Road
West
Line 7 North
Slalom Drive
West
Line 7 South
Slalom Drive
West
Line 13 North
Small Crescent
North
15/16 Sideroad
Small Crescent
West I
Line 7 North
Snowshoe Trail
East
Line 7 South
Somerset Boulevard
North
Lakeshore Road
Sophia Street
South
Lakeshore Road
Sophia Street
North
William Street
Spencer Trail
East
Lakeshore Road
S rin home Road
East
Anderson Line
St a e Coach Road
East
Simcoeside Avenue
St, nle Avenue
North
William Street
Steele Road
South
Graham Street
Steele Road
South
Su arbush Road
Sumac Crescent
S
North
Lakeshore Road
Sunn side Avenue
South
Lakeshore Road
Sunn side Avenue
South
Mount St. Louis Road West
Teanausta e Drive
South
Lakeshore Road
Toronto Road
East
Rail Trail Drive
Tudho e Boulevard
East
Lakeshore Road
Tudho e Boulevard
South
Hi hland Drive
Valley Crescent
West
Al ine Drive
Valley Drive
South
Orser Drive
Vine Street
South
Warminster Sideroad
Wallis Street
Warminster Sideroad
West
Line 9 North
Warminster Sideroad
East
Line 9 South
Warminster Sideroad
East
line 11 North
Warminster Sideroad
West
Line 11 South
Warminster Sideroad
East
Line 10 North
Warminster Sideroad
West
Line 10 South
Warminster Sideroad
East
Townline
Warminster Sideroad
West
Line 7 North
South
Mount St. Louis Road
Whistler Place
West
Line 4 South
Windfields Drive
East
Line 5 South
Windfields Drive
Winstar Crescent
West
South
4 Line
Bidwell Road
Woodland Crescent
South
Bidwell Road
Woodland Crescent
West
Line 10 South
Yvonne Crescent
East
Cam bell A, -
enue
Yvonne Crescent
Schedule "B" to By -law No. 2004 -086
Sign Located on Direction of Travel At Intersection of
Line 12 South North Rid e Road
s
i
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2004 -097
Being a By -law to authorize the execution of a
Tax arrears extension agreement
WHEREAS The Corporation of the Township of Oro - Medonte has registered on the 21st
day of May 2003 a tax arrears certificate against the land described in Schedule "A"
attached hereto and forming part of this By -Law.
AND WHEREAS Section 378 of the Municipal Act, 2001, S.O., 2001, C.25 as amended
provides that a municipality may by By -law authorize an agreement with the owner of such
land to extend the period of time, which the cancellation price payable on the land is to be
paid.
NOW THEREFORE the Council of the Corporation of the Township of Oro - Medonte
hereby enacts as follows:
1. THAT an agreement be entered into by the Corporation with the owner of the land
described in Schedule "A" to extend the time period in which the cancellation price payable
on this land is to be paid beyond May 21 st, 2004.
2. THAT the agreement be substantially the same form and contain the same terms
and conditions as set out in Schedule "B" attached hereto and forming part of this
by -law.
3. THAT the Mayor and Clerk be authorized to enter into the agreement on behalf of
the Corporation.
THAT this By -law shall have effect immediately upon final passing.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW READ A FIRST AND SECOND TIME THIS 18` DAY OF SEPTEMBER, 2004.
BY -LAW READ A THIRD AND FINAL TIME THIS 1ST DAY OF SEPTEMBER, 2004.
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook
-4,
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
SCHEDULE"A"
BY-LAW NO. 2004-097
Description of the land:
Roll # 4346 020-010-05455 SC PLAN 35
LEVEL 3 UNIT 3
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
SCHEDULE "B"
BY -LAW NO. 2004 -97
THIS AGREEMENT made in triplicate the day of August, 2004.
BETWEEN
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Hereinafter called the "Corporation"
Hereinafter called the "Owner'
WHEREAS the Owner is the owner of the land in the Township of Oro - Medonte
described in Schedule "A" attached hereto and forming part of this agreement.
AND WHEREAS the Owner's land is in arrears of taxes on the 1 st day of August,
2004 in the amount of $9,981.12 and a tax arrears certificate was registered in the Registry
Office on the 21st day of May, 2003 in respect of the Owner's land.
AND WHEREAS pursuant to Section 378 of the Municipal Act, 2001, S.O. 2001,
C.25 as amended a municipality may by By -law, authorize an extension agreement be
entered into by the Corporation with an Owner to extend the period of time in which the
cancellation price in respect to the Owner's land is to be paid.
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the
premises and of the covenants and obligations hereinafter contained, it is hereby agreed as
follows:
1. The Owner agrees to pay to the Corporation the sum of $500.00 (five hundred)
dollars monthly, payable on the 1 st day of each and every month commencing on the
1 st day of August, 2004, to and including the 1 st day of August, 2007.
2. In addition to paying the amounts provided for in Clause 1, the Owner agrees to pay
all taxes levied on the land as they become due during the tenor of this Agreement.
3. Notwithstanding any of the provisions of this Agreement, the Municipal Act, 2001,
S.O. 2001, C.25, as amended, shall continue to apply to the collection and
enforcement of all tax arrears and all taxes except that the Treasurer and the
collector of taxes of the Corporation, without waiving the statutory rights and powers
of the municipality or of the Treasurer, shall not enforce collections of such tax
payments, except as set out in Clauses 1 and 2, during the time the Agreement is in
force so long as the Owner is not in default hereunder.
4. In the event the Owner defaults in any payments required by this Agreement, this
Agreement upon notice being given to the Owner by the Corporation, shall be
terminated and the Owner shall be placed in the position he or she was before this
Agreement was entered into. In the event of a default, this Agreement shall cease to
be considered a subsisting agreement on the day that the notice of termination is
sent to the Owner.
5. Immediately upon the Owner making all the payments required under paragraphs 1
and 2, this Agreement shall be terminated and, the Treasurer shall forthwith register
a tax arrears cancellation certificate in respect of the said land.
6. Notwithstanding the provisions of paragraphs 1 and 2, the Owner and any other
person may at any time pay the balance of the cancellation price and upon receipt of
the aforesaid payment by the Corporation, this Agreement shall terminate and the
Treasurer shall forthwith register a tax arrears cancellation certificate.
7. This Agreement shall extend to and be binding upon and ensure to the benefit of the
Parties and to their respective heirs, successors and assigns.
Paqe 2
Schedule `B"
BV-Law No. 2004-97
8. If any paragraph or part of paragraphs in this Agreement be illegal or unenforceable,
it or they shall be considered separate and severable from the Agreement and the
remaining provisions of the Agreement shall remain in force and effect and shall be
binding upon the Parties hereto as though the said paragraph or paragraphs or part
or parts of paragraphs had never been included.
9. Any notice required to be given to the Owner hereunder shall be sufficiently given if
sent by registered post to the Owner at the following address:
107 Westhumber Blvd.
Etobicoke, Ontario
M9W 3M9
In WITNESS WHEREOF the Owner has hereunto set his hand and seal and the
Corporation has caused its Corporate Seal to be hereunto affixed, attested by its proper
Officers.
SIGNED, SEALED AND DELIVERED IN THE PRESENCES OF
Witness
Witness
W itness
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook
caner,
�sr
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2004 -098
BEING A BY -LAW TO REPEAL BY -LAW NO. 2004 -087, A BY -LAW TO DEEM
CERTAIN PLANS OF SUBDIVISION OR PARTS THEREOF NOT TO BE
REGISTERED PLANS OF SUBDIVISION WITHIN THE MEANING OF THE
PLANNING ACT R.S.O. 1990 C. P. 13, AS AMENDED.
WHEREAS the Council of the Corporation of the Township of Oro - Medonte has
the authority pursuant to Section 50(4) of the Planning Act, R.S.O. 1990 C.P. 13,
as amended, may by by -law designate any Plan of Subdivision or part thereof, to
not be registered Plans of Subdivision for the purposes of Section 50(3) of the said
Planning Act R.S.O. 1990 c. P. 13, as amended.
AND WHEREAS Council of the Corporation of the Township of Oro - Medonte did,
on the 11th day of August, 2004, enact By -law No. 2004 -087 to deem Registered
Plans of Subdivision M -8, M -9, M -30 and M -31, Township of Oro - Medonte, County
of Simcoe not to be plans of subdivision with the meaning of the Planning Act;
AND WHEREAS Council of the Corporation of the Township of Oro - Medonte finds
it necessary to retain the designation of Registered Plans of Subdivision M -8, M -9,
M -30 and M -31, as plans of subdivision within the meaning of the Planning Act;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
TOWNSHIP OF ORO- MEDONTE ENACTS AS FOLLOWS:
1. That By -law No. 2004 -087 be repealed in its entirety.
BY -LAW READ A FIRST AND SECOND TIME, THIS 1s' DAY OF SEPTEMBER,
2004.
BY -LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF
2004.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook
N
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2004 -096
BEING A BY -LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL
MEETING HELD ON WEDNESDAY, SEPTEMBER 1, 2004.
THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
HEREBY ENACTS AS FOLLOWS:
1. THAT the action of the Council at its Council Meeting held on Wednesday,
September 1, 2004, and in respect to each Motion, Resolution and other actions
passed and taken by the Council at its said Meeting is, except where prior
approval of the Ontario Municipal Board is required, hereby adopted, ratified and
confirmed.
THAT the Mayor and the proper Officials of the Township are hereby authorized
and directed to do all things necessary to give effect to the said action or to
obtain approvals where required and to execute all documents as may be
necessary on behalf of the Council of the Corporation of the Township of Oro -
Medonte. And, the Clerk is hereby authorized and directed to affix the corporate
seal to all said documents.
BY -LAW READ A FIRST AND SECOND TIME THIS 15' DAY OF SEPTEMBER,
2004.
BY -LAW READ A THIRD TIME AND FINALLY PASSED THIS 1s' DAY OF
SEPTEMBER, 2004.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook