12 04 2002 Council Agenda
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TOWNSHIP OF ORO-MEDONTE
COUNCIL MEETING AGENDA
COUNCIL CHAMBERS
DATE: WEDNESDAY, DECEMBER 4,2002
TIME: 7:00 p.m.
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1. OPENING OF MEETING BY MAYOR
2. PRAYER
3. ADOPTION OF AGENDA
4. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF - IN ACCORDANCE WITH THE ACT"
5. RECOGNITION OF ACHIEVEMENTS
Nil.
The Mayor and Members of Council, staff and the audience will be privileged to
enjoy the delightful music of the Oro-Medonte Children's and Youth's Choirs,
performing under the direction of Ms. Marilyn Gregory.
6. MINUTES OF PREVIOUS MEETINGS
a) Minutes of the Council Meeting held Wednesday, November 20, 2002.
7. CONSENT AGENDA CORRESPONDENCE:
a) North Simcoe Community News, correspondence re: appreciation of award from
Lake Simcoe Region Conservation Authority.
b) Orillia Public Library Board, minutes of October 23,2002 meeting.
c) Canadian Red Cross, correspondence re: Contamination of Blood Supply in the
1980's.
8. DEPUTATIONS:
None.
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9. REPORTS OF MUNICIPAL OFFICERS:
a) Report No. ADM2002-56, Marilyn Pennycook, Clerk, re: Notice Requirements,
Municipal Act, 2001.
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b) Report No. ES2002-65, Keith Mathieson, Director of Engineering and Environmental
Services, re: Carriage Hills Resort Four Inc., Site Plan Agreement, Parcel 1-26,
Section 51-0ro-3, being Part of Lots 1 and 2, Concession 3, designated as Part 1 on
Plan 51R-31409, Township of Oro-Medonte, County of Simcoe (refer to By-law No.
2002-124).
10. COMMUNICATIONS:
a) Orillia District Chamber of Commerce, invitation to 113th Annual Dinner Meeting,
January 16, 2003.
b) Lake Simcoe Region Conservation Authority, correspondence re: Lake Simcoe
Environmental Management Strategy.
c) The Royal Canadian Legion, Cahiague Branch (Ontario #619), Warminster,
correspondence re: Clarification of the "NO Smoking" by-law.
d) Walter Balkwill, Warminster, correspondence re: Warminster Fire Hall Property.
11. REPORTS OF COMMITTEES:
a) Minutes of the Committee of the Whole meeting held Wednesday, November 27,
2002.
b) Minutes of the Oro-Medonte Recreation Advisory Committee meeting held Thursday,
November 7,2002.
12. PETITIONS:
None.
13. UNFINISHED OR NEW BUSINESS:
14. BY-LAWS:
a) By-law No. 2002-122 Being a by-law to authorize the execution of a Tax arrears
extension agreement. (formerly Bill #T614),
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b) By-law No. 2002-124 Being a by-law to authorize the execution of a Site Plan
Control Agreement between the Corporation of the Township
of Oro-Medonte and Carriage Hills Resort Four, Inc.,
described as lands as follows: Parcel 1-26, Section 51-0ro-3,
being Part of Lots 1 and 2, Concession 3, designated as Part
1 on Plan 51 R-31409, Township of Oro-Medonte, County of
Simcoe.
c) By-law No. 2002-125 Being a by-law to adopt Official Plan Arnendment No. 14 to
the Township of Oro-Medonte Official Plan.
15. IN-CAMERA:
16. CONFIRMATION BY-LAW NO. 2002-126.
17. ADJOURNMENT:
18. QUESTIONS:
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ADDENDUM
COUNCIL MEETING
Wednesday, December 4, 2002
9. REPORTS OF MUNICIPAL OFFICERS:
c) Report No. PD2002-39, Andria Leigh, Senior Planner, re: removal of Holding
Provision for Carriage Hills, Concession 3, Part of Lot 2 (Oro), Development
Application P-136/02.
d) Marilyn Pennycook, Clerk, discussion re: Set Fines and Short Form Wording,
Smoking in Public Places By-law No 2002-115.
14. BY-LAWS:
d) By-Law No. 2002-128 Being a by-law to remove a Holding Symbol on lands
located in Concession 3, Part of Lot 2, Township of Oro-
Medonte (formerly Township of Oro), County of Simcoe
(Carriage Hills Phase IV).
PART III - SPECIFIC MUNICIPAL POWERS
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Notice Options:
Group Notice # t - This area of notice infers to the persona! notice to an individual or a limited number of people, It targets a very select group. We recommend that this notice be sent by registered
m;lil to the last known address or hand delivered.
Group Notice #) - Advertisement published within the newspaper which is sold to the public and which has regular subscribers, once a week for three consecutive weeks..
Group Notice #.'1 - Requires a notice to be published within the newspaper which is sold to the public and which has regular subscribers with a minimum of one week prior to the passing of the Bylaw
ard/or declared at an open meeting of Council that the subject will be placed on the next regularly scheduled meeting of the council and/or web-site.
Group Notice #1 - Give notice of passage of the Bylaw (ie. County Council/ School8oards f Assessment Office). As a courtesy the local municipality having a website may wish to post it on the
W"h (further due~dmgence)
Section
Subject Matter
When Notice is Required
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~-~~-~--~---- -~---I----------~----~~~---~---------
: Before passing a By-law for permanently closing
Section 34 (1) i ~?r~anent closure of a a highway, a municipality shall give public notice
: Ig way of its intention to pass the By-law
~------------ -----t------------------------------- ----------------------------------------------------
: Before passing a by-law for permanently
,
: altering a highway, if the alteration is likely to
! Permanently altering a deprive any person of the sole means of motor
Section 34 (2) ,
: highway vehicle access to and from the person's land
: over any highway, a municipality shall give
! public notice of its intention to pass the By-law.
~-----------. -----r------------------------------- ---------------------------------------------------
: I t r t Bit Give notice of its intention to pass the By-law to
Section 36 (3)(a)! n en Jon do pabsl~ y- aw 0 the public and to the owner of any land abutting
, owner an pu IC th h. h
: e Ig way
~------------ -----~------------------------------- ---------------------------------------------------
! Serve the notice under Sub-section (a) on the
I P B I owner of the land personally or by prepaid
! assage of y- aw registered mail to the last known address of the
,
: owner
r------------ -----r------------------------------- ----------------------------------------------------
I If a municipality requires the owner of any land
! to permanently close up any private road,
! entrance, gate or other structure that is
! Closure of access to constructed or is being used as a means of
Section 37 (1) : t II d- h' h access to a controlled-access highway or other
! con ro e access Ig way highway In contravention of a By-law, it shall
! give notice to the owner of the land personally
: or by prepaid registered mail to the last known
,
: address of the owner
~------------ -----t------------------------------- -----c----c------c~--~~----------------------c-----
Section 36 !,,)
(b)
Notice Requirements under the New Municipal Act of 2001
PAGE 1 of 18
Time Limits
Type of Notice
Required
ie) . Public
- Reasonable
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Public Notice
#2
Public Notice
#2
Give Notice
#3
Serve Notice
#1
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Give notice
#1
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N~tice Optio~s:
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Group Notice # 1 ~ This area of notice infers to the personal notice to an individual or a limited number of people. It targets a very select group. We recommend that this notice be sent by registered
ma;1 to the last known address or hand delivered.
Group Notice #2 ~ Advertisement published within the newspaper which is sold to the public and which has regular subscribers, once a week for three consecutive weeks..
Group Notice #3 ~ Requires a notice to be published within the newspaper which is sold to the public and which has regular subscribers with a minimum of one week prior to the passing of the Bylaw
and/of declared at an open meeting of Council that the subject will be placed on the next regularly scheduled meeting of the council and/or web~site.
Group Notice #,1 - Give notice of passage of the Bylaw (ie. County Council/ School Boards / Assessment Office). As a courtesy the local municipality having a website may wish to post it on the
Wr:h (further due~dmgence)
Notice Requirements under the New Municipal Act of 200'1
PAGE 2 of 18
Section
SUbject Matter
When Notice is Required
Time limits
Type of Notice
Required
ie) - Public
- Reasonable
Notice
Requirements
--.......--....-.....---
-~_....- -~.........-_...._--.........~--_..............----_...._----.... ----_........----_...._----~............._---_......._----.....~.....-------..........---.........
---.............----------........---- ...._----_........._...._...._...._........_......._-~_.... ........---....-...........-................---
, :
! Before passing a By-law naming a highway or :
: Ch 'f h' h changing the name of a highway, a municipality Public Notice #3 I
i ange - naming 0 Ig way shall give public notice of its intention to pass i
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: h~_ , :
------------ -----~------------------------------- --------------------------------------------------- ----------------------- --------------------------~------------------~
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i change - naming of private A local municipality may name or change the i i
: roads name of a private road after giving public notice Public Notice : #3 I
: of its intention to pass the By-law I :
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I prepaid mal or by I I
Sectl'on 81 I j) I Sh t ff f P bl' Ut'l't' Upon proposed shut-off by municipality, of a bl t' posting the notice on I #1 I
I u 0 0 U IC Illes bl' t'I't reasona e no Ice th I d. I I
, pu IC U II Y e an In a , ,
j . I I
I conspIcuous place f t
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i Before passing the By-law, the municipality shall J J
Section 99 I j ) i By-law - advertising devices give public notice of its intention to pass the By- Public Notice i #3 i
I law : J
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i Upon the passing of a By-law under subsection J J
: (6), the Clerk of the municipality shall give : I
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I written notice of the contents of the By-law to: I:
! a) the assessment corporation i i
i b) the Clerk of any other municipality that would, i!
Section 11 r (8) : By-law - tax exemption but for the By-law, have had authority to levy Written Notice I #4 :
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: rates on the assessment for the land exempted : I
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: by the By-law; and : I
! c) the secretary of any school board if the area i i
: of jurisdiction of the board includes the land : :
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I exempted by the By-law. I I
L____________._____~_______________________________ ___________________________________________________ ~______________________ --------__________________L__________________J
Section 47
Section 48
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({VI t7
Strategic Planning - The committee met recently and divided the library into separate
areas for discussion purposes. C. Dowd asked others at the recent SOLS meeting what
other libraries are doing regarding strategic planning. It was widely agreed that it is
more difficult to discuss issues in a larger group and it was therefore suggested that this
committee be reduced in size in order to streamline meetings. M. Hill, J. Swartz and M.
Saddy wish to remain on the committee and will also contact staff to find out which
members wish to remain as well.
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Ad Hoc Sunday Opening - Additional fW1ds requested from City of Ori1lia to begin
SW1day opening as a pilot project have been approved. The Library could open on
SW1days beginning November 17, 2002. This new service will be publicized via several
different media types, signage and also notices to local elementary and secondary
schools.
NEW BUSINESS
The new adult programming Speaker Series began this evening with Sherry Lawson
speaking on the topic of "Ori1liana: A Native Perspective". The next speaker will be Eva
Olsson's "Unlocking Doors" on Tuesday November 12 at 2 p.m.
Board members were asked to call M. Saddy or T. Chatten if W1able to attend a meeting
so that we know in advance if quorum can be met for a meeting.
As part of the upcoming Jazz Festival the Library will be hosting the musical trio Adlib
in the Reading Room, and also a children's program in conjW1ction with a presentation
at the Opera House.
Personnel - The meeting went in camera for discussion from 8:02 - 8:50 p.m.
MOTION #2002:36
Moved by J. Swartz, seconded by M. Hill that the Ori1lia Public Library Board moves the
Library salaries be included in the City of Orillia's compensation study. CARRIED
A Finance Committee meeting has been scheduled for Tuesday November 5 at 6:45 p.m.
A Special Board meeting has been scheduled for Thursday November 7 at 7 p.m. Both
meetings are to discuss upcoming budget submissions for 2003. The next regular board
meeting is Wednesday November 27,2002.
Adjournment at 8:56 p.m. moved by J. Swartz.
BOARD CHAIR
CHIEF EXECUTIVE OFFICER
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ORILLlA PUBLIC LIBRARY BOARD
MINUTES
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NOVEMBER 7. 2002
A special meeting of the library board was held in the Children's Services Department of
the Library commencing at 7:00 p.m.
PRESENT - BOARD - C. Dowd, Chair; J. Swartz, Vice-Chair; J. Francis; F. Kreisz;
K. McLaughlin
- STAFF - M. Saddy, Chief Executive Officer
S. Campbell, Director of Children's Services
1. Gibbon, Director of Information Services
D. Rowe, Director of Technical Services
ABSEI\;T'f - A.M. Alexander; R. Fountain; M. Hi11; B. Stanton
The purpose of the meeting is to present a budget for 2003 on to the City of Orima by
November 14, 2002.
Discussion ensued on energy costs and how much to al10w for the budget. It was noted
that a provincial statement was imminent.
The Board went over the budget line by line and questions raised were answered by the
Finance Committee or staff.
Discussion ensued on the Capital Budget.
K. McLaughlin left the meeting at 7:30 and returned at 7:50 p.m.
MOTION #2002:37
Moved by J. Swartz, seconded by J. Francis that the Library's 2003 Operating Budget be
accepted. CARRIED
MOTION #2002:38
Moved by J. Swartz, seconded by F. Kreisz that the Library's 2003 request for Capital
Funding in the amount of $200,000 be placed in a reserve fund for library building
purposes. CARRIED
Adjournment at 7:55 p.m.
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CHAIR
CHIEF EXECUTIVE OFFICER
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REPORT OF THE CEO FOR THE MEETING OF THE BOARD OF
THE ORILLlA PUBLIC LIBRARY FOR WEDNESDAY,
NOVEMBER 27, 2002 AT 7:30 PM IN CHILDREN'S SERVICES
1. PROPOSAL FOR BELL TELEPHONE/ONTARIO
GOVERNMENT INTERNET STATION IN THE OPL
Please find enclosed a proposal and picture of the internet station that is proposed for
possible installation in the library.
Description:
o the aim is to provide greater access to government services. Five government
services will be available initially and access to these is free.
o it is a functioning internet station and if the user wishes to access the internet that
is not government services it will cost them 20 cents per minute.
o the libra/)' would be paid $50 per month for housing the station.
o Board a!!reement does not !!uarantee this installation - if the OPL is interested
it would be considered with other local candidates such as City Hall, the malJs or
hotels.
In consultation with staff we believe that we can find room for it.
2. ONTARIO LIBRARY ASSOCIATION CONFERENCE
The conference takes place at the metro convention centre from Thursday, January 30 to
Saturday February 1,2003. As members of the Ontario Library Trustees Association you
should have received the infonnation in the mail. Please let me know if you did not.
The Board may wish to discuss whether any of their number choose to attend. We note as
well that:
The OLA welcomes senior administrators outside libraries
who make decisions or who influence decisions affecting
libraries. ....CAD's to mayors to reeves.. all are welcome
without registration cost if attending with his or her
librarian. ....A special guest registrationform will be
available at the OLA website in November. "
3. SUNDAY OPENING
As of this writing the library has been open only the Sunday of the Christmas parade.
Statistics will be kept on use on Sundays and a report will be delivered at the December
meeting.
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MONTHLY REPORT OF THE DIRECTOR OF CHILDREN'S
AND AUDIO VISUAL SERVICES
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OCTOBER 2002
Reference
The number of reference questions answered by Children's Services staff
increased by ten percent from 453 in October 2001 to 499 in October 2002.
Computer use also saw an increase from 321 in October 2001 to 399 in October
2002.
PrOQrams
Books for Babies, Tales for Twos, and Preschool Stories all finished this month
with registration for the next session beginning in early November. We are
expecting to have to add a second session of Books for Babies due to the
demand. We already have seven people on the waiting list for the program that
has a registration maximum of twelve parents and babies.
Our Saturday morning Book Buddies had full registration and good attendance.
This program was popular with two year olds and their parents with
approximately a third of the registered children being two year aids.
In conjunction with the Orillia Jazz Festival we offered Jazz Slam: A program of
Jazz and Poetry. Robin Monroe and Henry Schregardez led a fun and
interesting Saturday afternoon program of writing and jazz. Nine children
between the ages of ten and twelve learned about the history of jazz, listened to
the music of NoJo and interpreted the music in writing. Many of the participants
wrote four or more pages of amazing work. The program finished off at the
Studio Theater at the Opera House. The participants had the opportunity to
either read their creations on stage or Henry would read their works on stage.
Many of the children took the opportunity to present their writing on stage.
Robin and Henry presented a great program enjoyed by everyone who attended.
We plan to offer this program again next year.
Promotions and Publicity
Book displays included Thanksgiving and Halloween.
Kelly Smith produced the November brochure,
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The Ontario Early Years Center donated over a dozen books to support early
literacy.
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MONTHLY REPORT
DIRECTOR OF INFORMATION SERVICES
OCTOBER 2002
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Jayne' programme with Sherry Lawson on Orilliana: a Native Perspective had a capacity
attendance and abundant positive feedback. Along with the Jazz Programme on the Saturday, it
was a real enhancement to Library Week and definitely made the library more visible to the
community.
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The FIiends gave us $150 for materials on Birding. This money was gleaned form the sale of the
prints that the Orilfia Field Naturalists had given the Friends for their art auction.
REFERENCE QUESTIONS:
Number of questions asked this month totaled 2246. At this point, reference questions for the
year are up 1 percent over last year.
USE OF ONLINE PRODUCTS:
The online product was accessed 193 times this month. 716 searches were performed and 90
items were e-mailed to home computers.
INTERNET USAGE:
Heather taught computer and Internet skill to 113 people in October. Computer usage increased
to 1704, even though one of the Gates computers was down most of the month.
USAGE OF WEB SITE AND FROST PAPERS:
The Frost Papers were visited 51 times in the month. Hits for the Home page were not available
this month as the CUBE was not accumulating stats.
PROMOTION:
An orientation was provided to three students and a teacher from the Learning Centre, teaching
them OPAC skills and how to book the Internet. Our booklet on Job Search, which Jennifer has
up-dated was given to them as a handout, as well.
VOLUNTEER HOURS:
Jayne's volunteers logged 261 hours during the month of October.
NEWSPAPER INDEX:
Lynn Lockhart indexed 34 newspapers in the month, including 1768 news stories and 98 births,
deaths or marriages.
COMMUNITY OUTREACH:
Materials were gathered for 8 shut-ins in the month of October.
INTERLIBRARY LOANS:
Materials borrowed from other libraries numbered 82 and loaned numbered 107. Loans were up
by 23 per cent, but mateIials borrowed were down by 15 per cent.
GOVERNMENT DOCUMENTS:
Jennifer added 7 new government documents, 42 pamphlets and 47 annual reports to the
collection in October. She weeded out 139 pamphlets and 2 government publications.
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Report of the Director of Technical Services
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October 2002
Systems
Allison Standen of Geac visited with us in October, and gave a presentation of the nell
Library system Geac will be introducing in 2003. We also discussed our plan not to
acquire the GeoCat, GeoCirc and GeoAcquistions modules to add on to our existing
system. Allison understood our position, but suggested we do think seriously of
upgrading GeoWeb in 2003 or 2004, as it will have significant improvements over the
present release.
The CEO and myself met with Fred Marlow and Dan Kehoe to discuss
further improvements in the library's computer and network equipment. We
talked about new PCs for staff who weren't upgraded this year, new public
catalogue computers, and new server equipment.
Circulation
Joyce Simpson apprehended a would-be biblioklept in October, who had
been attempting to sneak out books under her jacket.
1 spent a fair bit of time removing worn-out or unused titles from the
Science-Fiction & Fantasy section in the Fiction Room, to try to create some
needed shelf space.
Technical Processing
The Technical Processing staff worked on some more small projects during
the month, including cleaning up the paTt of the database and cataloguing
some of the backlog material.
Gail Matthews processed a large print pool rotation, sending out 50 books to
Penetanguishene Public Library, and receiving 50 from the North Kawartha
Library in Apsley.
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Canadian Red Cross
p"C/<"'OS) THE WO/<...LD
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Croix-Rouge canadienne
p"CK.OS) THE UK.HT.
Wht'n help 1$ needed. The Red (ross.
November 21, 2002
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Ian Beard
Mayor
Township ofOro - Medonte
PO Box 100
Oro, ON
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O~v.t..~r-....i
110'/ 2 'j 1(\(\1
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ORO-M... ....If'
iOVlN$n
Your Worship:
I am writing today to inform you that the Canadian Red has been chaTged by the RCMP
in relation to the contamination of Canada's blood supply in the 1980s. Specifically, we
have been charged with common nuisance.
As a humanitarian organization, our thoughts are with the families who weTe affected by
this tragedy. We have taken our responsibility to victims seriously - and the Canadian
Red Cross has put forward its very best efforts in settling all civil claims against it
through the provision of a comprehensive compensation package.
As an elected official, we'd like you to know that we are deeply committed to the two
miJIion Canadians who turn to Red Cross each year for help - and our 60,000 volunteers
who help us carry out our humanitarian work.
As Red Cross deals with this new chapteT of the blood tragedy, we can assure you that we
wiJI not waver in our commitment to the communities we serve. We know families wiJI
continue to be forced from their homes by fire and other disasters; children will continue
to deal with abuse and harassment; and seniors wiJI stiJI suffer injuries and require
medical equipment and care. All of them wiJI turn to Red Cross for help - and we will
not let them down.
If you have questions, concerns - or simply seek more information on this or any other
Red Cross matter, please do not hesitate to contact me.
Yours very truly,
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Gordon H. Moore
General Manager, Ontario Zone
Canadian Red Cross Soc1et)
Ontario Zone, 5700 Cancross Court, Mississauga, Ontario. Canada L5R 3E9 Telephone: (905) 890-1000 Fax: (905) 890-1008 .
Charitable Registration Number - 119219814RROOO1 y -
A Partner in the United Way - Un organisme associe 11 centraide
Township of Oro-Medonte
REPORT
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Dept. Report ADM2002-56 To: Prepared By:
Administration Council Marilyn Pennycook, Clerk
Subject & File #:
Council
Notice Requirements
C.ofW. Municipal Act, 2001
Date: December 4, 2002
Motion #
Date: R.M. File #L 11-012338
Background:
The Municipal Act 1990 required that, in conducting certain aspects of Council's business, notice be
given in a prescribed form whether to the public or individuals affected. The New Municipal Act,
2001, due to come into effect January 1, 2003, contains this requirement. However the new Act
makes reference to the giving of "notice" using varied terms such as:
. public notice
. personal notice
. written notice
. reasonable notice
. notice in the required manner
. no notice
Section 251 of the new Act defines notice to mean:
"Where a municipality is required to give notice under a provision of this Act, the municipality
shall, except as otherwise provided, give the notice in a form, and in the manner and at the
times that the Council considers adequate to give reasonable notice under the provision."
In addition, sections of the new Municipal Act refer to the manner of notice as prescribed by the
"Lieutenant Governor in Council by regulation"; as required "by Order of the Ontario Municipal
Board", and as required by other Acts, i.e., Elections Act, Planning Act, etc. As with many other
provisions of the new Municipal Act, regulations have vet to be published dealing with specific notice
. requirements in certain instances, These new regulations are expected within the next month.
A chart outlining the sections of the Municipal Act, 2001 and the types of notice required is attached
for information. This chart was compiled by AMCTO and suggests notice requirements where none
are prescribed by the Municipal Act. (Attachment 1)
Analysis:
In an effort to maintain the Township of Oro-Medonte's open and transparent method of conducting
Council's business, minimum standards of notice should be established where such notice
procedures are not prescribed. These standards should be consistent and have flexibility in dealing
with small and large issues and should contain:
. types of notice (Le., public meeting, publication, personal notice, written notice, notice by
registered mail, etc.)
. response expected
. time frames for notice and/or response
. posting locations
. internet access
. inclusion (seasonal/permanent, notice requested of decisions of Council, etc.)
Where publication is used as a method of providing public notice, there is a question of whether
papers delivered free of charge constitute "newspapers". The Interpretation Act, s.29, defines a
newspaper as one published regularly at intervals of no longer than a week and being of general
interest and sold to the public and to regular subscribers. Where notice is prescribed in the Act
as being published in a newspaper, "being of general interest and sold" becomes mandatory.
It is suggested that these notice provisions be dealt with by by-law to ensure consistency and, for
ease of reference, to list such procedures in one place. As new regulations are expected, and
notice procedures for all areas listed have not been dealt with in the past, it is recommended that a
by-law be enacted to define minimum notice provisions, where not prescribed by any Act. The
by-law will give flexibility in the provisions to adopt more comprehensive methods of notice or provide
for extended notice periods as these notice requirements are encountered. As new procedures are
established, the Schedule to the "Notice Provision" by-law will be amended accordingly. A draft by-
law is attached for comment (Attachment 2).
In defining minimum notice, two areas were considered: public and personal notice. It is
recommended that the following minimums be adopted:
. public notice: by public meeting of Councilor publication once in a newspaper of general
circulation
. personal notice: written notice of Council's intent to act, delivered by mail or by hand
. written notice: notice delivered by registered mail
. reasonable notice: at least two weeks in advance of the final decision or action
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That a by-law with respect to establishing procedures for notice as required under The
Municipal Act, 2001 be brought forward for Council's consideration.
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That this report be received and adopted.
Respectfully submitted,
C.A.O. Comments:
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C.A.O.
Dept. Head
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PART III - SPECIFIC MUNICIPAL POWERS
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Notice Options:
Group Notice # 1 - This area of notice infers to the personal notice to an individual or a limited number of people. It targets a very select group. We recommend that this notice be sent by registered
m,"1i! to the last known address or hand delivered.
Group Notice #7 - Advertisement pUblished within the newspaper which is sold to the public and which has regular subscribers, once a week for three consecutive weeks..
Group Notice #:i - Requires a notice to be published within the newspaper which is sold to the public and which has regular subscribers with a minimum of one week prior to the passing of the Bylaw
ard/or declared at an open meeting of Council that the subject will be placed on the next regularly scheduled meeting of the council and!or web~site,
Group Notice #.1 - Give notice of passage of the Bylaw (ie. County Council! School Boards! Assessment Office). As a courtesy the local municipality having a website may wish to post it on the
W."'b (further due~dmgence)
Notice Requirements under the New Municipal Act of 2001
PAGE 1 of 18
Sectio n
Subject Matter
When Notice is Required
Time Limits
Type of Notice
Required
ie) - Public
- Reasonable
.. ."
-
------_.~--- ----- -~--~-~---~------~~------------ ---------------------------------------_.~~----_.--
--------~-------_._-~- -~---~~~~-------~~~--~_._-
,
, '
, Before passing a By-law for permanently closing :
S r 34 (1) : Permanent closure of a h' h " n h II' bl' r Public Notice ' #2
ec Ion i Highway ~f i;~ i~:~ti~n~~n~~I~: ~:e sB;la~ve pu IC no Ice i
------------ -----t------------------------------- --------------------------------------------------- ---------------------- --------------------------t-----------------~
i Before passing a by-law for permanently i
: altering a highway, if the alteration is likely to :
i Permanently altering a deprive any person of the sole means of motor i
Section 34 ! 2) , Public Notice
: highway vehicle access to and from the person's land i
: over any highway, a municipality shall give :
, '
: public notice of its intention to pass the By-law. :
------------ -----~------------------------------- --------------------------------------------------- ---------------------- --------------------------~-----------------~
, '
: I t r t Bit Give notice of its intention to pass the By-law to :
Section 36 (3)( a) i n en Ion do pabsl~ y- aw 0 the public and to the owner of any land abutting Give Notice :
, owner an pu IC th h' h :
: e Ig way I
____________ -----r------------------------------- --------------------------------------------------- ---------------------- --------------------------r-----------------~
i Serve the notice under Sub-section (a) on the i
i P f B I owner of the land personally or by prepaid :
: assage 0 y- aw registered mail to the last known address of the Serve Notice i
, '
I owner I
~------------ -----t------------------------------- --------------------------------------------------- ----------------------- --------------------------r------------------
: If a municipality requires the owner of any land :
, '
: to permanently close up any private road, :
i entrance, gate or other structure that is i
i Closure of access to constructed or is being used as a means of i
Section 37 /1) : controlled-access highway access to a controlled-access highway or other Give notice :
: highway in contravention of a By-law, it shall :
i give notice to the owner of the land personally i
: or by prepaid registered mall to the last known :
, I
: address of the owner. :
------------------t------------------------------- -.---------------c--------------------------.------
#2
#3
Section 36 (3)
(b)
#1
-
.:!:::,
~\
~
~
~
~
-\
#1
t'i '0 \)
, \0 . ",-.
---
N~tice Optio~s: ~ ,
Group Notice # 1 - This area of notice infers to the persona! notice to an individual or a limited number of people. It targets a very select group. We recommend that this notice be sent by registered
mail to the last known address or hand delivered.
Group Notice #2 - Advertisement published within the newspaper which is sold to the public and which has regular subscribers, once a week for three consecutive weeks..
Group Notice #3 - Requires a notice to be published within the newspaper which is sold to the pUblic and which has regular subscribers with a minimum of one week prior to the passing of the Bylaw
and lor declared at an open meeting of Council that the subject will be placed on the next regularly scheduled meeting of the council andlor web.site.
Group Notice #4 - Give notice of passage of the Bylaw (ie. County Council! School Boards! Assessment Office). As a courtesy the local municipaJity having a website may wjsh to post it on the
Wph (further due.diHgence)
Notice Requirements under the New Municipal Act of 20{j1
PAGE 2 of 18
Section
Subject Matter
When Notice is Required
Time limits
Type of Notice
Required
Ie) . Public
. Reasonable
I
___M_~~_____ ~--- I ~~-___~~~__~_~_____~_~__________~_~_~__M_____M_~___ ~~-~~-~~~~~-~~----~--~~~~~I I
! BefDre passing a By-law naming a highway or i i
: Ch f h' h changing the name of a highway, a municipality Public Notice : #3 :
! ange - naming 0 Ig way shall give public notice of its intention to pass i i
, , ,
: the By~law : :
------------ -----r------------------------------- ---------------------------------------------------r---------------------- --------------------------r------------------1
: h . f. t A local municipality may name or change the i i
'c ange - naming 0 pnva e f. t ft' . bl' t. P bl' N t. '#3'
: d name 0 a pnva e road a er giVing pu IC no Ice u IC 0 Ice, ,
i roa s of its intention to pass the By-law i i
------------ -----~------------------------------- --------------------------------------------------- ~---------------------- --------------------------}------------------~
i prepaid mail or by i i
: , , . . Upon proposed shut-off by municipality of a . posting the notice Dn: #1 :
Section 81 (1) i Shut off of Public Utilities public utility reasonable notice the land in a i i
, . I, ,
I conspIcuous pace: :
------------ ."----~------------------------------- --------------------------------------------------- ---------------------- --------------------------~------------------~
, , ,
: Before passing the By-law, the municipality shall ::
Section 99 ( 1 ) i By-law - advertising devices give public notice of its intention to pass the By- Public Notice i #3 i
~ law J J
, , ,
------------ -----r------------------------------- --------------------------------------------------- ---------------------- --------------------------r------------------,
i Upon the passing of a By-law under subsection !!
: (6), the Clerk of the municipality shall give ::
, , ,
: written notice of the contents of the By-law to: ::
, , ,
: a) the assessment corporation : :
i b) the Clerk of any other municipality that would, ! i
Section 11(1 18) ! By-law - tax exemption but for the By-law, have had authority to levy Written Notice i #4 i
: rates on the assessment for the land exempted ::
, , ,
: by the By-law; and : :
i c) the secretary of any school board if the area i i
: of jurisdiction of the board includes the land ::
, , ,
: exempted by the By-law. : :
L__________________~_______________________________ ___________________________________________________ ~______________________ __________________________L__________________~
-
_L
..",
Section 4 7
Section 48
(, \0
Notice Options:
Group Notice # 1 - This area of notice infers to the personal notice to an individual or a limited number of people. It targets a very select group. We recommend that this notice be sent by registered
m;l;1 to the last known address or hand delivered. .
Group Notice #2 - Advertisement published within the newspaper which is sold to the pUblic and which has regular subscribers, once a week for three consecutive weeks..
Group Notice #,' - Requires a notice to be published within the newspaper which is sold to the pUblic and which has regular subscribers with a minimum of one week prior to the passing of the Bylaw
awjlor declared at an open meeting of Council that the subject will be placed on the next regularly scheduled meeting of the council andlor web--site.
Group Notice #r1 - Give notice of passage of the Bylaw (ie. County Council I School Boards I Assessment Office). As a courtesy the local municipality having a website may wish to post it on the
Wen (further due-diligence)
TYP!!Of Notic:!!
Requimd
i!!)-Public i'
. Reasonal;)l.e .'..,.
--~-----~--- -.---I-~----_.------~-~--------~----- --~-~--------~------------~-------------~~--------- ~--_.-~----~--~~~---~-~ ---~~-~---~--~--------~~-~
! A notice stating that if the work is not done in !
: compliance with the order within the period it :
, .
: specifies, the municipality may have the work :
. .
: done at the expense of the owner. :
i Before the municipality enters on land to do the !
: work, the order shall be served on the owner of :
i P f t d . the land personally or by prepaid registered mail In accordance to the !
! ower 0 en ry - or er repair to the last known address of the owner of the order given. Notice - Clarification !
: land. I
, ,
: If the municipality is unable to effect service on :
! the owner under subsection (8), it may place a i
! placard containing the terms of the order in a !
: conspicuous place on the land and may enter :
. .
: on the land for this purpose. :
r------------ -----t------------------------------- ---------------------------------------------------.--------_______________ __________________________}_________________~
: Notice under subsection (8) or (9) shall be :
Section 14" (8) ! A th 't f M ., rt deemed to be sufficient notice for the purpose of 0 d t C I i
(9)(11) i u on yo unlclpalY Section 431 (a) of the proposed entry on the r er 0 ompy !
i land. :
~-----------~------p------------------------------- --------------------------------------------------- ---------------------- --------------------------~-----------------~,
I . I I
: Nobce - published: :
! Notice of Public meeting within newspaper with ! !
: before Bylaw is Passed to general circulation: :
. . ,
: license or impose any hold at least one public: :
! condition on any business Before passing a Licensing Bylaw none specified meeting at which any! #3 i
! or cfass of business - person has an! !
: except in case of opportunity to make : :
, . ,
: emergency representation with : :
, . ,
J respect to the matter. : :
____________ _____L_______________________________ ___________________________________________________ _______________________ __________________________L__________________J
Notice Requirements under the New Municipal Act of 2001
PAGE 3 of 18
Sectiol'
Subject Matter
When Notice is Required
Time Limits
,L
..,
i
Section 14J
(5)(c)
#1
#1
Section 150 (4)
(b)
Q'^\
J
'.(J
D
.
.
.
Notice Options:
Group Notice # 1 " This area of notice infers to the personal notice to an individual or a limited number of people. It targets a very select group. We recommend that this notice be sent by registered
mail It) the fast known address or hand delivered.
Group Notice #2 - Advertisement published within the newspaper which is sold to the public and which has regular subscribers, once a week for three consecutive weeks,. .
Group Notice #3 ~. Requires a notice to be published within the newspaper which is sold to the public and which has regular subscribers with a minimum of one week prior to the passing of the Bylaw
and/or declared at an open meeting of Council that the subject wi1\ be placed on the next regularly scheduled meeting of the council and/or webwsite.
Group Notice #4 -, Give notice of passage of the Bylaw (ie. County Council I School Boards I Assessment Office). As a courtesy the local municipality having a website may wish to post it on the
WAr. (further due-diligence)
Notice Requirements under the New Municipal Act of 2001
PAGE40f 18
Part IV - LICENSING AND REGISTRATION
Typ~pf Notj(:~
R~quired
ie) .. PUblic
. Reasonable
------------------I-~----~----~----~-------------- ~-~---------------~---~~-------------------~---~--- r~------~----~~~~----~- ~--------~~---------~-----, I
! If a By-law is passed under this section in the i i
! case pf an emergency without complying with !!
: E P br f subsection (4), the Council shall, as soon as it Giv Nofce PUbrShed: :
! mergency - u IC mee Ing practicable after its passage, hold the meeting . e I - I.! !
Section 150 15) ,- licensing power (post d. th t. f d t' b t' (4) Emergency basis within newspaper with, #3 ,
I f't) an give e no Ice re erre 0 In su sec Ion I' I f I I
lac IVI y and may, after that meeting, amend or repeal genera Clrcu a Ion: :
, , ,
I the By-law without the requirement of a further I:
, , ,
J meeting. I :
------------ -----r------------------------------- --------------------------------------------------- ~---------------------- --------------------------t------------------1
I Notice - published: :
i within newspaper with! J
! general circulation.! !
: Registry of Business hold at least one public: :
S t. 157(1) 'I Notice Df Public meeting Before passing any Bylaw non specified - at meeting at which any',' ,,'
ec Ion ' , , least one week prior ,#3,
: before By-law is passed person has an: :
: opportunity to make: :
, , ,
: representation with: :
, , ,
I respect to the matter. : :
____________ ______L_______________________________ ___________________________________________________ ~______________________ __________________________~__________________J
Section
Subject Matter
When Notice is Required
Time Lirnits
,
.<-
"'~
(",
"""'''''v
r)
',~~""
\
Section
Subject Matter
-------~~--- ----~ ------------------------------- --------------------------------------------------- ---------------------- --------------------------
Section 187
wishes
Section 200
.
PART V - MUNICIPAL REORGANIZATION
When Notice is Required
SHALL: Before the council votes on support or
opposition to restructuring proposal
consult with the public by giving notice of and by
holding at least one public meeting: and
consult with such persons or bodies as the
opportunity to make representations and advise
where municipality can inspect written
submissions received by the Commission on
restructuring
to Prior to passing a By-law changing its name
Time Limits
Type of Notice
Required
ie) - Public
. Reasonable
,
,
,
,
,
,
: Restructuring Proposal
Section 172 (3) :
,
,
,
,
i Minister may prescribe.
------------ -----r------------------------------- ---------------------------------------------------
,
,
,
,
,
,
,
,
Section 17 J (12) ! Commission on restructuring
,
,
,
,
,
,
,
,
____________ _____L_______________________________ ---------------------------------------------------
,
,
J Municipality
: change name
,
,
------------ -----~------------------------------- ---------------------------------------------------
i Powers to establish P' t h Id' t' t t' .t d' t
, C t. (I t nor 0 0 Ing a mee Ing 0 vo e In I S Irec ors
, orpora Ions mprovemen . . . '
! Areas) (BIA) and pnor to approving Its fiscal budget
_________________L_______________________________ ---------------------------------------------------
, ,
, ,
, ,
consult! #3 !
with: also through :
, ,
: Minister I
, ,
: regulations :
, ,
, ,
, ,
______________________ --------------------------r------------------,
shall give notice to the! i
public in the Prescribed: :
, ,
the geographic area: #3 :
advising them of the! set by the J
opportunity to inspect! Commission J
the restructuring: :
, ,
proposal. I :
______________________ __________________________L__________________J
, ,
Public Notice and hold: :
one public meeting to! #3 i
consider the matter! i
______________________ __________________________~------------------1
, ,
, ,
date and time set t I b h': #1 :
my municipality 0 genera mem ers Ip ! i
, ,
______________________ __________________________L__________________J
Prior
voting
to
Council
Shall
Consultations
public by holding
one public meeting
set by
Commission
.
Section
Subject Matter
When Notice is Required
Time limits
Type of Notice
Required
ie) . Public
. Reasonable
Notice l
Requirements.
------------~ .---- --------------~---------------- --------------------------------------------------- ---------------------- --------------------------
, , ,
: Prepaid mail to the I - :
, , ,
I Prior to passing a By-law and Prior to Board of Management: I
i designating an area as an improvement area of improvement i i
Section 210 i BIA Bylaw and establish a board of management and to area...and every person i #1 i
: set levy upon rateable property in the assessed for rateable: J
: improvement area property within! !
! improvement area f !
r------------ -----~------------------------------- --------------------------------------------------- ----------------------- --------------------------~------------------1
i A municipality shall give i !
! Council shall give notice to repeal a By-law Before passing the notice before passing a! i
Section 211 i BIA - Repealing By-law (s.204) if municipality received resolution or By-law changing the By-law and shall hold at! #1 i
: request name. least one public I :
, . I I
f meeting. : :
r------------------t------------------------------- --------------------------------------------------- ---------------------- --------------------------t------------------1
: the By-law does not: J
i Dissolution of Local Boards Any municipality shall give notice of its intention come into force until at i #1 !
, Before passing the , ,
Section 216 (4) : (exception to Police Service to pass a By-law to dissolve or make changes to By-law least half of the: Minister :
: Boards) local boards municipalities give their: regulations I
, I. , ,
: approval by reso ullon : :
~------------ -----t------------------------------- --------------------------------------------------- ---------------------- --------------------------r------------------1
I Before passing the : :
: A municipality shall give: :
: A municipality shall give notice of its intention to By-law. The By-law notice before passing a J :
Section 217 i Council Composition pass a By-law to change the composition of does not come into By-law and shall hold at! #3 i
,,' council. fDrce until the day least one public ,,' ,,'
the new council is
: . meeting I :
I organ/zed. I I
------------ _____L_______________________________ ___________________________________________________ _______________________ __________________________L__________________~
'",(:J
J]
Section
Subject Matter
When Notice is Required
Type of Notice
Required
ie) - Public
- Reasonable
_________~__ ~____ __________~WWR~_~_~__~_________ ___________________________________________________
--------------------------
Section 219
------------
Section 222
------------
, ' ,
: Before passing the : :
, ' ,
, By-law. A majority : :
! of votes required ss A municipality shall give: :
! Upper- Tier Council A municipality shall give notice of its intention to 219(2). The By-law notice before passing a! !
: Composition pass a By-law to change the composition of the does not come into By-law and shall hold at: #3 :
! upper-tier council. least one public! !
force until the day
! the new council is meeting ! !
, ' ,
! organized! !
-----r------------------------------- --------------------------------------------------- ---------------------- --------------------------r------------------,
i Notice shall be given ! !
A municipality shall give notice of its intention to ,
! Establishment of Wards pass a By-law to (re)divide or dissolve existing ~rf~~~ t~;_I::s~~~ ~Old ~~~~~i~t~~e p~~~~! Minisf;r may i
! wards, notice shall be given specifying the last within 15 days after meeting. ! prescribe criteria!
_____L_______________________________ ~_~~~!~:_~~~~~~~~~________________________________ J:~~_~i~_~!~_~_~y~~~~~_ __________________________L__________________j
"'-0
t)
'-.i..__-,
Part VI - PRACTICES AND PROCEDURES
Section
Subject Matter
When Notice is Required
Time I ;-,,~
Type of Notice
Required
ie) . Public
. Reasonable
-----~--~------~-- ----~~----~-------------------- --------------------------------------------------- ----------------------
,
,
,
,
,
,
,
,
,
Section 238(2) :
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
------------ ~----r------------------------------- ---------------------------------------------------
i Reasonable notice in a form and in the manner
: and at the times that the council considers
, Giving of Notice
: adequate to give reasonable notice under the
, , '
: provIsions
,
,
,
,
,
,
,
,
,
------------ ----~------------------------------- ---------------------------------------------------
Procedural By-laws
Before passing the By-law the municipality shall
give notice of its intention to pass the
Procedural By-law
Section 251
, ,
, ,
, ,
, ,
, ,
, ,
, ,
, ,
, ,
1#3 f
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, ,
, ,
, ,
, ,
, ,
, ,
, ,
, ,
, ,
, ,
, ,
, ,
, ,
, ,
, ,
, ,
---------------------- --------------------------r------------------,
, ,
, ,
, ,
as! I
: #3 :
, ,
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, ,
, ,
, ,
, ,
, ,
, ,
, ,
, ,
, ,
, ,
, ,
______________________ __________________________L__________________j
Before the passing,
sufficient notice to
ensure general
pUblic is informed.
Date, time and
location clearly
stated.
Public Notice
As approved by the Public Notice
Council approved by Council
\"~W""^-,<#,,/
\
,.'........".,
------------
Section 260 R,
262
------------
-----r------------------------------- --------------------------------------------------- -----------------------
: The Councit shall at its
! next meeting declare
: the vacancy, if the
,
: vacancy occurs as a
: result of death the
! declaration may be
: Notice in writing filed with Clerk (not effective if it made at the next two
:, C .1 b . t' would reduce the number of members to less Council meetings,
: ouncl mem er reslgna Ion Vacancy must be filled
: than a quorum) within 60 days of the
, ,
: declaration. If vacancy
: occurs within 90 days
! of an election, the
: municipality is not
! required to fill the
f vacancy.
,
,
,
,
,
,
,
,
,
_____L_______________________________ ___________________________________________________ ______________________
--------------------------r-----~~~~~- I
, ,
, ,
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, .,
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, ,
, ,
, ,
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, "
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Public Notice in: :
writing filed with Clerk ! !
, ,
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In accordance with: :
, ,
Municipal Elections Act : :
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---_______________________L__________________J
\>
Section
Subject Matter
When Notice is Required
Time I '~it"
Type of Notice
Required
ie) - Public
. Reasonable
.~"'~.
-- -----... ---- ,,- - - - - - - --'-----....----------- ------ --- --- ---------- ---------- -------....-- --....--------------- --- --...--....----...------..----
Section 268
-------------
, .
: As defined in the i i
, , ,
i Sale of Land Procedures Prior to the sale of Proposed Land established in Public Notice : #3 :
, , ,
: procedures i i
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, , ,
____L_______________________________ ___________________________________________________ _______________________ __________________________L__________________~
Part VII. FINANCIAL ADMINISTRATION
------------
Section 291
------------
Section 295
------------ --
Section 297
------------
-----r------------------------------- --------------------------------------------------- ---------------------- --------------------------r------------------,
, , ,
: Prior to the specified : :
i Prior to adopting or amending the budget, the council meeting, in !!
: Budget - Adopt or Amend Municipality shall give public notice of its order to ensure Public Notice : #3 :
, , ,
! intentions. sufficient notice to ::
: the general public. ! i
----~------------------------------- --------------------------------------------------- ---------------------- --------------------------~------------------~
, , ,
, Within 60 days after receiving the audited 60 days after ,.
: Financial Statements - f" I t t t f th ""t f h ,. th d. d P b. N ' : # i
! Publication Inancla sa emen so e mUnlclpa I y or t e frecelvlngl e au Ite u lic otlce! 3 !
: prevIous year lnanCla statements , ,
----r------------------------------- --------------------------------------------------- ----------------------- --------------------------r------------------i
"I Auditor to be J:
, ,
i Auditor's right to attend _ Auditor's entitlement to attend any meeting and provided with a. i i
'R' ht f A receive all notices relating to the meeting and to listing of Council Reasonable Notice: #1 :
Ilgoccess . . I I
: make representation as required dates for information : :
! purposes f:
------------------------------------- --------------_____________________________________ _______________________ __________________________L__________________J
,.".,
\
","",.,.
Section
Subject Matter
When Notice is Required
Time Limits
Type of Notice
Required
ie) - Public
- Reasonable
Notice
Requirements,
----------------- ------------------------------- --------------------------------------------------- ---------------------- -------------------------- ------------------
------------
, '
: #3 :
,i MPMP Improvements in service, Municipality must Minister may i,'
, Municipal provide notice to the general public of designate ,
i performance measures improvements in the efficiency and At least once each Public Notice manner and :
: program effectiveness of the delivery of services by the calendar year form in which :
i Improvements in Service municipality and also identify barriers that notice shall be !
! impaired achieving service goals. ! given i
_____L_______________________________ --------------------------------------------------- ----------------------- --------------------------~------------------~
Section 300
PART VIII - MUNICIPAL TAXATION
PART IX - LIMIT ON TAXES
------------ -----r------------------------------- ---------------------------------------------------
! When eligible properties as defined in 331(20)
i are added to the roll (ie properties with
Section 33' (2) : T EI' 'bl P r additional assessments; properties that cease
i axes on Igl e roper .es to be exempt: properties that are added to the
! roll be severance; or properties for which there
: is a change in classification)
____________ _____L_______________________________ ---------------------------------------------------
---------------------- --------------------------r------------------,
within 60 days after i i
the date the list of : :
, ,
comparable the list of comparable! #1 i
properties is properties : :
. d b th "
receive y e : :
municipality ::
______________________ __________________________L__________________l
<
PART X - TAX COLLECTION
Type of Notice
Required
ie)-Public
'.Reasot1abl~
-"---"------ ----- ------------------------------- -------------------------------"----------------"-- c---------"------------ "-"----"--"-"----""--"-"-" ---"""---------""-
i Upon making the determination of every tax B F b 28'h. Notice of Tax Arrears & I i
: Determination of Tax Status account as of December 31" of the preceding y h e ruary In related late payment! #1 i
i year eac year charges : :
----------------t------------------------------- --------------------------------------------------- c---------------------- --------------------------t------------------~
: To tenant in writing: :
, , ,
: Obligations of tenant - taxes Taxes owed in respect of any land occupied by requiring tenant to pay: #1 :
, d . f h ' ,
: owe tenant rent In respect 0 t e: :
: land I I
, , ,
-----------------r------------------------------- --------------------------------------------------- ---------------------- --------------------------r------------------~
IS' I rt When Treasurer sells all or part of seized b i i
i Pelbz,ureA petrsona prope y - personal property to recover taxes & costs of Tat time set y Public Notice : #1 and #3 :
I U Ie uc Ion. reasurer I I
I seIzure I I
------------ -----t------------------------------- ---------------------------------------------------- ---------------------- --------------------------t------------------i
,: at least 14 days : :
, ,
: before the meeting : :
, , ,
I C II t' d t' on or before N t. t th J': :
, ance a lon, re uc lon, S t b 30 f th 0 Ice 0 e app Icant, , ,
J refund of taxes as a result of ep e~ It ' 0 the Assessment i i
: "change event" in Upon receiving an appeal from applicant year 0 oWing, e Corporation J #1 and #4 :
:' year of application - '. ' ,
, accordance to subsection 34 d th t. Assessment Review: :
: (3 2) f th A t A tan 0 er ,me : J
, , 0 e ssessmen c f 'd t'f' d Board , ,
: rames as I en, Ie I:
! in Act as appeal is : :
: being processed !!
~------------ _____k_______________________________ ______________~____________________________________ _______________________ __________________________k__________________J
Section
Subject Matter
When Notice is Required
Time Limits
Notice
Requirements
Section 348
Section 350
Section 351
Section 357
(5)(b), ,,.
~
,II
"....'",'
\
'-..
~.h
\
Section
...__..............._--~
Section 35P
------------
Section 35~
------------
Section 36;1
----------_.
Subject Matter
is
,
,
,
,
,
! Overcharges caused by a
: gross or manifest error
,
,
,
,
_____L_______________________________ ---------------------------------------------------
,
: Increase of Taxes as a result
,
: of any undercharge caused
! by a gross or manifest
: error...but not an error in Upon application made by the Treasurer
,
: judgement in assessing the
,
: land
_____L_______________________________ ---------------------------------------------------
,
: Ca II t. d t. Upon a lower-tier municipality passing a by-law
I nee a Ion re UClon or . . .
! refund of tax~s under subsection (1) to provide the cancellation,
: reduction or refund of taxes levied
------------------------------------- ---------------------------------------------------
Treasurer to send copy of application to the
Assessment Corporation and Assessment
Review Board: and to notify applicant of invalid
application
Type of Notice
Required
ie) - Public
- Reasonable
~............~~~~~~_............~~.~_...............
,
On or before :
September 30'h of Hold a meeting where:
the year following applicant may make!
th . h. h th representation to the:
e year In w IC e C 'I '
r r' d ouncl : :
~?!::~~_~~~_~_~~__~__ __________________________L__________________J
, ,
, ,
, ,
, ,
, ,
In writing to the person! i
in respect of whom the: #1 and #4 :
application is made! i
, ,
, ,
, ,
, ,
______________________ __________________________L__________________4
, ,
, ,
, Letter to Upper-tier! :
As soon as possible .. I't " f t' #1 and #4 :
munrclpa I y giving ac s : :
______________________ __________________________1__________________1
#1 and #4
Within the year in
which the
application is made
~
'-..-.
\
P ART XI TAX ARREARS SALES
Section
Subject Matter
When Notice is Required
Time Limits
Type of Notice Required
ie) . Public
. Reasonable
Notice
Requirements
___~____~~______w~ _~__________________________________ ______________________________________ -------------------- ------------------------------------ -------------.----
, '
: 60 days after registration of tax :
: arrears to assessed owner; (Land J
" Notice of Registration after J
Titles Act) persons appearing on ,
: registration of tax arrears certificate in parcel register; and (Registry Act) After third year of tax Notice of Registration of certificate #1 :
,,' the third year following that in which arrears :
persons appearing by the abstract ,
! the real property taxes become owing index and by the index of writs !
! received for execution by the sheriff... I:
------------------r------------------------------------ -------------------------------------- -------------------- -------------------------------------~-----------------~
: Final Notice that land will be! !
,
I "thO 30 d ft advertised for public sale - unless I I
, If the cancellation price remains WI 10 ays ather the cancellation price is paid before i !
i Public Sale unpaid 280 days after the day the tax the expiry of e the end of the one-year period: #1 :
! arrears certificate is registered 280-day period following the date of the registration i i
I of the tax arrears certificate.: I
------------^-----~------------------------------------ -------------------------------------- -------------------- -------------------------------------~-----------------~
I I I J
! within one year of after a public sale is! ! 1
I conducted at which there is no r / I I
: No Registration of Notice of Vesting successful purchaser, the lax arrears one year after pub IC :., : #2 i
I sale 1$ conducted I Notice of VestIng I :
, certificate with respect to the land shall, "
I be deemed to be cancelled : I:
~:~~~:-~~:-( l)----r~~::~:~~:::~:~~-:r~~~~:~-~~~~~~ -~~~~~-~:~~~~~i~::ii;~~-i~:~~~~~~ :i:~~:~:~~:~------]'-fji:d~l~;:~~5~2q:a~~-p~~{I------------------1
: sale of land) per~ons 0 w m ~ r asur r S8 I :
____________ ____L____________________________________ ____________________._______________._ ____________________ __~~~~:_~~~~~:~!"_s_~~~~~_~!~i~2______L_______.___._____J
Section 374 (1\
Section 379 ( 1 )
Section 379 I Ch)
and (15)
Notice Options:
Group Notice # 1 - This area of notice infers to the personal notice to an individual or a limited number of people. It targets a very select group. We recommend that this notice be sent by registered
ma;! 10 the last known address or hand delivered.
Group Notice #2 . Advertisement published within the newspaper which is sold to the pUblic and which has regular subscribers, once a week for three consecutive weeks..
Group Notice #3 - Requires a notice to be published within the newspaper which is sold to the public and which has regular subscribers with a minimum of one week prior to the passing of the Bylaw
awl/or declared at an open meeting of Council that the subject will be placed on the next regularly scheduled meeting of the council andlor webwsite.
Group Notice #;J - Give notice of passage of the Bylaw (ie. County Council I School Boards I Assessment Office). As a courtesy the local municipality having a website may wish to post it on the Web
(fwtl1er due~diligence)
Notice Requirements under the New Municipal Act of 2001
PAGE 14 of 18
I-------------'~----r------------------------------------,--------------------------------------[--------------------I------------------------------------r------------------,
I I I I I #1 I
_____________._~____L____________________________________2______________________________________L____________________l____________________________________L__________________!
~
,~..""...,.,.'^~.~
\
"
,{j'
Sectio~
Subject Matter
When Notice is Required
__I ._,,_
...,....".."
Type of Notice Required
Ie) - Public
. Reasonable
-- ---
,
------------
_____ __~_________~___~___M_______________ ____________M____M____________~_______ ____________________ -------~---------------------------
-----------
,
,
,
,
,
,
,
,
,
,
,
,
,
,
: if, before January 1, 2003 a notice of
,
: forfeiture was registered with respect
: to any land under section 23 of the
,
: Municipal Tax Sales Act, 1984, the
: land is vested in the municipality upon
,
I registration as it read on December 31 , :
: 2002, to land in respect of which a tax Sefore :
i Notice of forfeiture registered arrears certificate was registered 2003 January 1, Registration of a Notice of forfeiture #1 i
: under the Municipal Affairs Act, being :
! chapter 303 of the Revised Statutes of i
: Ontario, 1980, before January 1, 1985 :
! or a certificate was given under section !
: 433 of the Municipal Act, being chapter :
! 302 of the R.S,O.1980, before January i
: 1.1985 :
I I
, '
I '
, '
, I
, '
, I
, '
I '
, '
I '
, I
, I
_____L____________________________________ ______________________________________ ____________________ ____________________________________ __________________J
I
I
,
,
I
,
I
,
,
,
,
Section 388 .))
'~-:J
"
~.
PART XII - FEES AND CHARGES
-----------------,
: Fees and Charges imposed by a
! municipality on a person constitute a
: debt of the person - amounI owing
,
: added to tax roll
,
,
,
,
,
,
,
,
,
------------ ----~------------------------------------- -------------------------------------- --------------------
Section
Section 400
- Regulations
Type of Notice Required
Subject Matter
When Notice is Required
Time Limits
--------------------------------------
Prior to passing a by-law imposing the
fees and charges which have priority
lien status which are added the tax roll.
Notice of intent to pass a Bylaw - In
the manner and form and at the times
As prescribed by the Minister
#1
none provided
PART XIII - DEBT AND INVESTMENT
____________ ----r------------------------------------- -------------------------------------- -------------------- ------------------------------------r-----------------r--
: the OMB may direct the: :
, ' ,
: municipality to give Notice of: :
! Notice of Debt upon receipt of an application of a none provided Application to such persons! #1 and !
! municipality to incur a debt and in such manner as the! #3 !
: Board determines I I
, , ,
____________ ----r------------------------------------- -------------------------------------- -------------------- ------------------------------------r-----------------T--
! When a municipality authorizes !!
: long term borrowing by the issue T 'th . : :
, 0 persons WI an interest In ' ,
: Bylaws re: debentures of debentures or through another none provided th d b t : #1 : I
' ., I't d t. 403 e e en ures. ' ,
I mUnlclpa I y un er see Ion or I I
I 404 I I
, ' I
------------ ---~------------------------------------- -------------------------------------- -------------------- ------------------------------------~-----------------~--
Section 407
(1)
Section 408
PART XIV - ENFORCEMENT
Sectior
----------_.
Section 43 '
------------
Section 43?
------------
Section 43:'
~___nnn___
Section 44(-
L____________
When Notice is Required
Time Limits
Type of Notice Required
ie) - Public
- Reasonable
Notice
Requirements
Subject Matter
____ ________________~______~____~___~____ ______________________________________ ____________________ __________M_________________________ _________________
,
,
,
inform occupier of the land by!
personal service or prepaid mail!
or by posting the notice on the:
,
land in a conspicuous place :
,
: clause 430(a), (b) or (c) :
____~__-___------------------------------- ______________________________________ ____________________ ____________________________________~-----------------i
, ' ,
I Upon owner conviction or I I
! premises without a licence !!
i Closing premises for lack of required by a By-law under this in accordance to Court to notify municipality who i i
Act, and where court order that the #1
i licence premises or part of the premises court order passed the licensing By-law i i
! be closed (not to exceed two !!
I years) I :
____"_____________________________________ ______________________________________ -------------------- ------------------------------------"-----------------1
Notice to the Attorney !
GeneraL...Upon the application of :
a municipality, where activities or 15 days notice of !
circumstances constitute a public its intention to !
nuisance.... the Superior Court of make an Letter of application :
Justice may make an order...be application !
,
closed to any use...not to exceed :
: two years. ! :
----r------------------------------------- -------------------------------------- -------------------- ------------------------------------~-----------------1
! Whenever any part of a fine for a !
! contravention of a licensing By-law !
: passed under the Municipal Act Written notice specifying the :
! Collection of unpaid licensing fines remains unpaid after the fine No date specified amount of the fine payable and #1 !
! becomes due and payable under final date to pay (no less than 21 !
! section 6 of the Provincial days after date of Notice) :
,
: Offences Act. :
____L_____________________________________ ______________________________________ ____________________ ____________________________________ _________________J
Where Power of Entry exercised
Except with respect to an entry to
determine whether a bylaw order
or condition to a permit has been
complied with or an entry under
section 87, 97, 122 or 166 or
#1
must provide
reasonable notice
of the proposed
entry
Closing premises, Public
Nuisance
#1
,,~~-
\
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Q
PART XV - MUNICIPAL LIABILITY
PART XVI- REGULATIONS AND FORMS
PART XVII- TRANSITION
PART XVIII -AMENDMENTS, REPEALS, COMMENCEMENT AND SHORT TITLE
"'"""-:.,,
II-r -rile.{{ rf/ C/\r'i D<
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. .I
DRAFT
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2002-
Being a By-law to Eslablish Procedures for Notice Provision
WHEREAS the Municipal Act, S.O. 2001, c. 25, Section 251, provides that where a
municipality is required to give notice under a provision of this Act, the municipality
shall, except as otherwise provided, give Ihe notice in a form, and in the manner and at
the times Ihat the Council considers adequale to give reasonable notice under the
provision;
AND WHEREAS the Interpretation Act, R.S.O. 1990, c. 1.11, s. 5 allows a by-law to be
passed under power of the Act, such by-Jaw not to come into operation until the Act
becomes effective (January 1, 2003);
AND WHEREAS the Council of the Township of Oro-Medonte deems it necessary to
establish minimum notice provisions;
NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
follows:
1. That the attached Schedule 'A' shall form part of this by-law.
2. That no notice shall be required under this by-law where the provision of such
notice will interfere with the ability of Council 10 conduct business with respect to
a matter permitted in closed session under Section 239 of Ihe Act.
3. That no provision of this by-law shall prevent the use of a more comprehensive
method of notice or provision of an extended notice period.
4, That, notwithstanding the notice requirements set out in Schedule 'A', and where
the giving of notice is not required by legislation, Council may reduce, amend, or
waive such notice requirements by motion of Council.
5. If a matter arises which, in the opinion of the Chief Administrative Officer, in
consultation with the Mayor, is considered to be of an urgent or time sensitive
nature, or which could affect the health or well-being of the residents of the
Township of Oro-Medonte, the notice requirements of this by-law may be waived
and the Clerk shall make his/her best effort to provide as much notice as is
reasonable under the circumstances.
6. That this By-law shall come into force and take effect on January 1, 2003.
By.Law read a first and second time this 4" day of December, 2002.
By-Law read a third time and finally passed this
day of
,2002,
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Nell Craig
Clerk, Marilyn Penny cook
SCHEDULE 'A' TO BY-LAW NO. 2002-123
() .
i c)~3
Being e By-lew to Eetabllsh Procedures for Notice Provision under The Municipal
Act, 2001
Unless otherwise prescribed by any Act, or otherwise defined herein, the following shall
be deemed minimum notice provision:
Public Notice
public meeting of Council or publication
once in a newspaper of general
ci cula i
written notice of Council's intent to act,
del'v re mai r n
written notice delivered by registered
m
notice given a minimum of one week in
advance of final decision or action
Personal Notice
Written Notice
Reasonable Notice
Notice
as defined under public notice or
na ti a I'cab
inclusion on a Council/Committee
Agenda with the notation "Amendment
u" -.
Amendment to Budget
REPORT
"
qL)
1i(J
DEPT. REPORT TO: COUNCIL PREPARED BY:
#ES2002-65 Keith Mathieson
SUBJECT & FILE #: DEPARTMENT:
COUNCIL:
Carriage Hills Resort Four, Public Works
Inc. - Site Plan Agreement
C.OFW.: Parcel 1-26, Section 51-0ro-3,
Being Part of Lots 1 and 2, DATE: Nov. 26, 2002
MOTION #: Concession 3, Designated as
Part 1 on Plan 51R-31409,
DATE: Township of Oro-Medonte, R. M. FILE #: L04-12205
County of Simcoe
~BACKGROUNDi:<'>
'..',,,,''''
"I{Lidh:;- <!JWii;;;!"';'::"!
i
Carriage Hills Resort Four, Inc. is a 78-unit timeshare development located on Line 3 North. The
proposed development consists of three (3) buildings, a small recreation building and outdoor pool.
The proposed buildings are the same design as the existing Carriage Hill development.
~SUMMARY:..
-
The application for Carriage Hills was presented to the Site Plan Committee on October 7, 2002.
Revisions have been made to the Site Plan to satisfy concerns of Township staff and the Township
Engineer.
Carriage Hills has posted the required securities for the internal works of the Site Plan.
The securities for the external works (installation of the water main on Line 3 North and construction
of turning lanes) will be posted prior to the start of construction in the Township road allowance.
~RECOMMENDATIONS: "
,
1. THAT Council receives and adopts this report.
2. THAT the Township of Oro-Medonte enters into a Site Plan Agreement with Carriage Hills Resort
Four, Inc. to construct a 78-unit timeshare development.
3. THAT the Clerk prepares a By-law for Council's consideration.
t.-
Township of Oro-Medonte
REPORT
Yc)-I'
.i
Dept. Report To: Prepared By:
#PD2002-39 Council Andria Leigh
Subject & File #: Department:
Council
Removal of Holding Planning
C.ofW. Provision for Carriage
Hills
Concession 3, Part of Lot
2 (Oro)
Development Application
P-136/02
Date:
Motion #
November 29, 2002
Date: RM. File #
D1412162
I
I SUMMARY
An application for a Removal of Holding Provision was submitted by P.K. Menzies Planning
and Development on September 16, 2002 for the above noted property. The property is
located on the east side of Line 3 North above Highland Drive. The subject property was
zoned Residential Two Exception (R2*123) Holding (H) by By-law 2002-007 on January 16,
2002 to permit the establishment of a 78 unit timeshare establishment. The Holding
provision was implement to ensure completion of the Site Plan Control process prior to
consideration of a building permit.
The Site Plan for the subject property is intended to be considered by Council at their
meeting of December 3, 2002. It is recommended that the Removal of Holding Provision be
considered at the same time and adopted only if the Site Plan Approval By-law for Carriage
Hills Phase IV is adopted.
'I RECOMMENDATION
i<1 , ~
C! -d-
/
I
.
1. That this report be received; and
2. That the Zoning By-law Amendment to remove the Holding Provision for Carriage Hills
Phase IV, being Concession 3, Part of Lot 2 (Oro) be given favorable consideration by
Council after adoption of the appropriate Site Plan Control By-law.
Respectfully submitted,
--1~--tr1-
Andria Leigh, Hons B.A.,AMCT, MCIP,RPP
Senior Planner
C.A.O. Comments:
Dat~.../:1() 2Y ~
C.A.O.
CD f\ Wv"--
J
Dept. Head
..
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.
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v
Sc).edule 'A' to B)'-Law
This is Schedule 'A' t.o 1J;".Luw
.'assed 1-he
du;)' of
Mu;)'or
Clerk
"
.. PROPERTY SUBJECT TO THE REMOVAL OF THE HOLDING
SYMBOL
200 0 200 400 Meters
S
N
W*E
Township of Oro-Medon1e
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CARRIAGE HILLS
RESORT PHASE I V
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POST DEvELOPMENT
DRAINAGE CONDIT""
-----------
LEGEND:
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SET FINES AND SHORT FORM WORDING
FOR SMOKING BYLAWS IN SIMCOE COUNTY - Chart 1 of 1
Format Modi I ed: 26/07/02
Short Form CLEARVIEW CITY OF ORlLLIA SPRING WATER ESSA TOWNSHIP
Wording TOWNSHIP TOWNSHIP
Chapter 953 of tbe
Key: I INCLUDES ENTRANCES City of Odilia Public Places Public Places
2 CAN USE GENERAL SFW Public Places 01-54 Municipal Code 2002-041 2002-8
Public Places and Workplaces Workplaces
3 MUST USE PARrIll Workplaces
Workplaces 01-55 2002-051 2002-7
Public Places Set Fine Set Fine Set Fine Set Fine
Person smoke in public place $100
Smoke in public place $125
Smoke in any public place $250
Smoke in any designated area $250
Smoking in ... {each public place $175
is listed as a separate short form
wordinQ}
Proprietor permit smoking in $100
public place
Proprietor/person in charge permit $200
smokin2
Permit smoking where smoking is $250
I prohibited
Proprietor or other person in $]75
charge permit smoking where
smoking is DTohibited
Proprietor fail to post signs I $100 I
Proprietor/person in charge fail to $125 I -j
consDicuouslv Dost signs
Proprietor or other person in $]75 '
charge fail to ensure no-smoking
signs are posted in conspicuous
places
Proprietor/person in charge fail to $125
post signs at every common area
of a mall
Proprietor or other person in -' _ld _3 $175
charge fail to post signs at every
common area of a man or other
Dublic buildinQ
Proprietor/person in charge of a $125 - ,
mall fail to post signs at the
entrance to a man
Proprietor or other person in -' -j $]75
charge fail to post signs at every
entrance to a shoDDing: man
Proprietor/person in charge fail to -' $125 -j -'
post sign at the entrance to a bar
2
rJ t
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CLEARVIEW City of Orillia Springwater Essa Township
SHORT FORM TOWNsmp Township
WORDING IN Public Places Chapter 953 of the
01.54 City of Odilia Public Places Public Places
BYLAW WORKPLACES 01- M unidpal Code 2002-041 2002-8
5SIearview Public Places and Workplaces Workplaces
Workplaces 2002-051 2002.7
Public Places continued Set Fine Set Fine Set Fine Set Fine
Proprietor fail to remove ashtrays $100 -'
Proprietor/person in charge fail to $125
remove ashtrays
Proprietor or other person in $175
charge fail to ensure that no
ashtrays are placed or al10wed to
remain in any public place where
smoking is nrohibited
Person obstruct enforcement of $150
Bv-Iaw
Person hinder enforcement of $150
Bv-Iaw
Hinder or obstruct person ,3 $250 ,3
lawfullv carrving out enforcement
WORKPLACES
Person smoke in workplace $100
Smoke in a workplace $125
Smoke in any workplace $250
Smoking is a workplace $175
Person permit smoking in $100
worknlace
Employer permit smoking in a $125
workDlace
Permit smoking in any workplace $250
Employer permit smoking in the $175
workDlace
Employer refuse to perform duties $100
Employer neglect to perform $100
duties
Employer fail to perform duties $100
Employer refuses, fails or _3 $250 -'
neglects to perform any duty
imDosed
Employer fail to erect signs $125 -'
Employer fan to erect signs in _L (would refer to $175
accordance with Section 5 at Section 6)
everY entrance to the workplace
CLEARVIEW CITY OF ORlLLJA SPRlNGWATER ESSA TOWNSHIP
SHORT FORM TOWNSHIP TOWNSHIP
Cbapter 953 of tbe
WORDING IN Public Places CityofOrillia Public Places Public Places
01-54 Municipal Codf' 2002-04] 2002-8
BYLA W WOI<t\l'LA(T' Puhlir Plan>, iln0 \Vorkplan:,' \\lurk Ian"
I 01-55
Workplaces
2002-U51
P
2002-7
.
.
.
.
.
3
90() -3
Workplaces continued Set Fine Set Fine Set Fine Set Fine
Employer fail to remove ashtrays $125
Not sDecfied in bylaw Not snecified in bylaw Not spec-ified in bylaw
Employer fail to adopt non- , $300 ,
smokinQ nolicv
Employer fail to adopt a policy $175
Ihat prohibits smoking in
worknlace
Employer fail to maintain the -' -' -' $]75
non-smoking paHey in the
workplace for which it was
adonted
Employer fail to post and .' .' " $]75
continua11y display a copy of the
non-smoking poHcy in a
I prominent place
Employer fail 10 adopt non- - 2 $300 ,
smoking policy within seven days
of workplace comes into
existence
Employer fail to adopt a policy $]75
prohibiting smoking within seven
days after a worknlace is created
Employer fail to provide a copy -' -' -' $]75
of the non-smoking policy to each
emnlovee in the workn]ace
Person hinder inspector $150
nerforminQ duties
Person obstruct inspector $150
nerfonninp' duties
Hinder or obstruct an inspector $250
Hinder or obstruct inspector .' $]75
carrying out enforcement of this
by.law
NOTE: No municipality has short fonn wording for posting signs at the entrance to public building, although this is
referred to as a requirement in each public places bylaw. Clearview, Essa, and Ori11ia do have short fonn wording for
general failure 10 post signage that could be used for this infraction; Springwater must use Part Jl1 until new short
fonn wording is approved.
2 NOTE: This superscript indicates that more general short fonn wording is available to cover this type of
infraction i.e. "Employer refuses, fails or neglects to perfonn any duty imposed".
3 NOTE: This superscript indicates that short fonn wording has not been defined for this type of infraction, so a
Part 111 would have to be used. There does not appear to be a more general short fonn wording that would apply
to this type of infraction.
/'-/d)
.
THE CORPORA TlON OF THE TOWNSHIP OF ORO-MEDONTE
BY -LA W NO. 2002. 1 28
A By*law to Remove a Holding Symbol on lands located in Concession 3, Part of Lot 2,
Township of Oro-Medonle (formerly Township or Oro), County of Simcoe (Carriage Hills
Phase IV).
WHEREAS Section 36 of the Planning Act R.S.O. ] 990 c. P. 13, as amended, provides that
CounciJ may pass zoning by-laws under Section 34, using a hoJding symbol ("H") in conjunction
with any use designation to specify the use to which lands, buildings, or structures may be put at
such time in the future when the holding symbol is removed by by-law amendment;
AND WHEREAS this By-law is in conformity with the Official Plan, specifically Section J1.3 of
Ihe Official Plan, relating to the use of holding symbols, as required by Section 36(2) of the
Planning Act, R.S.O. 1990, as amended;
AND WHEREAS Council for the Corporation of the Township of Oro-Medome passed By-law
2002-007 on the] 6'" day of January 2002 which rezoned the lands in Concession 3, Part of Lot 2
(Oro) to Residential Two Exception ]23 Holding Zone (R2*] 23(H)) Zone with the intenl that the
holding symbol be lifted upon execution of a Site Plan Control BY-law and Agreement on the
subjecllands.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
ORO.MEDONTE ENACTS AS FOLLOWS:
1. Schedule uAI5u of By-law 97-95 for the Township of Oro-Medonte is hereby fuuher amended
by removing the holding symbol from lands zones Residential Two Exception 123 Holding
Zone (R2*] 23 (H)) Zone.
2. Schedule, "Au, attached, fonns pau of this By-law.
3. This By-law shall take effect and come into force pursuant [Q the provisions of and regulations
made under the Planning Act, R.S.O., 1990 c. P. 13.
BY.LA W READ A FIRST AND SECOND TIME, THIS DA Y OF DECEMBER, 2002.
BY-LA W READ A THIRD TIME AND FINALLY PASSED THIS
DECEMBER, 2002.
DAY OF
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor-J. Neil Craig
Clerk - Marilyn Pennycook
ORILLIA DISTRICT
CHAMBER OF COMMERCE
~~@)~
President John Epstein cordially invites you to attend the
TH
113 ANNUAL
DINNER MEETING
Thursday January16th, 2003
Fern Resort
ENTERTAINMENT
WELL KNOWN CANADIAN COMIC
MARK WALKER
OF YUK YUK'S
10 ~
y
For Ticket information or
Reservations Contact Melodi
Tel: (705) 326-4424 * Fax: (705) 327-7841
Cocktails at 6:30 pm * Dinner at 7:30 pm
Dinner Wine sponsor Grant Thornton lLP
Tickets $60,00 each incL GST
,
NaY, 27, 2002 !0:51AM
905.895-1281
1-800-465-0437 ,
905'853'5881 :
"111: info@lsroI.on.c:I:
b: www.1srca.on.ca:
) B.yvicw P:uicw:<y
.282
wn>atket, Ontuio
\"4X1
Leaders In
Watershed
Health
lSRCA
NO. 238
P. 2
'-'
~ ~ FILE CO~
, \ ob)A
October 7th, 2002
Our File: LSEMS-06-02
Letter Sent To:
'Watershed MP's
Watershed MPP's
Watershed Mayors & Regional Chairs
President, Lake Simcoe Region Conservation Foundation
Chief, Chippewas of Georgina Island First Nations
Dear:
Re:
Lake Simcoe Environmental Mana!!;ement Stratala'
As you may be aware, Phase ill of the Lake Simcoe EnviIoDl11ental Management Strategy
(LSEMS) was officially launched on September 25th, 2002, on the shores ofKempenfelt Bay
in Barrie. The goal of LSEMS is to improve and protect the health of the Lake Simcoe
watershed ecosystem and improve associated recreational opportunities by:
1) Resto/'ing a self-sustaining cold-water fishery;
2) Improving water quality;
3) Reducing phosphorus loads to Lake Simcoe; and
4) Protecting natural heritage features and functions.
As part of this strategy, several Committees have been formed to assist with achieving the goal
ofLSEMS including a Steering Committee, a Technical Committee, a Communications
Committee, a Citizens Advisory Committee and an ExeClltive Advisory Committee.
The Executive Advisory Committee consists of the following representatives:
Chair, Lake Simcoe Region Conservation Authority, Committee Chair,
Watershed MPP's,
Watershed MP's,
Watershed Mayors and Regional Chairs,
President, Lake Simcoe Region Conservation Foundation,
Chair, LSEMS Citizen's Advisory Committee,
Chief, Chippewas of Georgina Island First Nations.
.../Page 2
NOV. 27. 2002 10 58AM
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lSRCA
NO. 238
P. 3
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October 4th, 2002
LSEMS-06-02
Page 2 oi2
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As Chair of the Executive Advi$ory Committee, I am officially i.oviting you to become a member
of this Committee and request your attendance at the first meeting of the Executive Advisory
Committee which is scheduled for January 17th, 2003. This wiH be a briefJuncheon meeting and
wilJ be held at the Regional MUJ:Iicipality of York, Administrative Office, 17250 Yonge Street,
Newmarket Ontario. Further infonnation, including the Agenda will be sent to you at a later date,
however I am respectfully requesting that you confirm your attendance with Gina Casey, 905-895-
1281, ext 223, as soon as possible.
Attached, for your infonnation, is a copy of the signed Memorandum of Understanding for Phase
m ofLSEMS. ShouJd you have any questions or require further information, please contact Gayle
Wood, Chief Administrative Officer, Lake Simcoe Region Conservation Authority at 905-895-
1281, ext 224.
Yours truly,
ell!Cl/"Onic j'igllflwre
Roy Bridge
Chair
c: LSEMS Steering Corn:mitt~~
H:\QCFil~$\LSEMS Executive Advisory.com.-oittee\L5E.\.1S EAC Meeting: 2001.frm
ce.rtf
THE RO\"AL (~ANADIAN LEC;ION'
CAIDAGUE BRANCH (ONTARIO #619)
GENERAL DELIVERY, WARl\llNSTER.
ONTARIO, CANADA
LOK-IGO
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November 25,2002.
Mayor and Council,
Township of Oro-Medonte,
Oro, Ontario.
Dear Mayor Craig and Council Members:
The President and Executive of Branch 619 are looking forward to 2003 with a great deal of
apprehension. Your passing of the "No Smoking" bylaw, and the uneven playing field we will forced
to deal with, certainly gives our Members cause to worry about the future of our Legion in Warminster.
At this time, we would appreciate clarification of the bylaw, as it pertains to our particular situation.
Part of our building is open to the Public. The club room is for Members and signed in Guests only.
As we are registered as a Private Club, we need our situation clarified so that we can obey the Law as
Law abiding Citizens should.
Yo~rs sincerely,
ty\\\~ct
,-,,~
N.(Mac) McDougall,
Secretary.
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November 25, 2002
a.rJ.-p'/
IOg{J
To: Oro-Medonte Mayor and Council
From: Walter Balkwill
1875 Warminster Sideroad
Warminster ON LOK 2GO
Re: Warminster Fireball Property
Dear Mayor and Council:
I live next to tbe fire hall in Warminster. When the new fire hall was constructed, the
cement pad, with some boIts protruding from it, was left at the former building site. The
new fire hall is esthetically pleasing and is located on spacious property that is connected
to the park.
However, the property between my home and the new fire hall still has the cement pad
and is understandably not kept up to the standards of the rest of the fire hall property.
I am interested in purchasing as much of the property as possible between my lot line and
the new fire hall, at least from my Jot ]ine over to the area that includes the former cement
pad. This would enable me to "clean up" and improve safety conditions. It would also
provide me the authority to ask youths who sometimes loiter and engage in activities that
create safety concerns to leave the area.
From my perspective, this part of the fire hall property appears to be surplus to the
present and future needs of the Township. By selling the property to me, as the abutting
homeowner, there would be safety and esthetic advantages for everyone concerned.
Thank you for your consideration of this request. I look forward to hearing from you.
SinC~erelY, , ' 1,
,1~, IJ f) -/J /
~rGU . ~,'
WaIter Balkwill /
c.c. - Mayor Neil Craig V
Deputy Mayor Walter Dickie
Councillor Ralph Hough
ORO-MEDONTE RECREATION
ADVISORY COMMITTEE
MINUTES
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Thursday November 7th, 2002 - 7:00 p.m.
Chair:
Councillor Ruth Fountain called the meeting to order at 7:00 p.m.
Present:
Dave Knox, Catherine Riffer-Wessel, Nadeen Morano, Ian Hunter,
Deputy Mayor Walter Dickie, Councillor Ruth Fountain and
Councillor Harry Hughes.
Staff Present:
Chris Carter (Recreation Co-ordinator)
1. Adoption of Thursday November 7, 2002 Agenda:
Moved by Mr. Hunter; seconded by Ms. Morano
It is recommended that the agenda for the Oro-Medonte Recreation Advisory
Committee meeting for Thursday, November 7, 2002 be adopted as printed and
circulated.
Carried.
2. Adoption of October 3rd, 2002 Minutes:
Moved by Mr. Hunter; seconded by Ms. Morano
It is recommended that the minutes from the Recreation Advisory Committee
meeting of October 3rd, 2002 be received and adopted as printed and circulated.
Carried.
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3. Disclosure of Pecuniary Interest and General Nature Thereof - In Accordance
with the Act:
Nil.
4. Deputations:
Nil.
5. Unfinished Business:
Moved by Ms. Riffer- Wessel; seconded by Mr. Hunter
A) It is recommended that information provided in the discussion re:
Subdivision Agreement in Sugarbush be received.
Carried
Moved by Ms. Riffer-Wessel; seconded by Ms. Morano
B) It is recommended that the information presented in the video "Inside
Out" Alcohol Liability be received.
Carried
Moved by Ms. Riffer-Wessel; seconded by Ms. Morano
C) It is recommended that the Alcohol Risk Management Policy be received
and modified as recommended.
Carried.
6. Correspondence:
Moved by Ms. Riffer-Wessel; seconded by Ms. Morano
It is recommended that the correspondence from the Oro-Medonte Minor Soccer
(Ian Hunter) be received.
Carried.
2
7. Co-ordinator's Monthly Report:
(A) Moved by Ms. Morano; seconded by Mr. Knox
It is recommended that the report re: "The Ian Arthur Beard Complex" be
received.
8. Committee Chairperson's Report:
Nil
9. Other Business (Information or Request for future information):
Nil
10. Questions:
Nil
11. Adjournment:
Moved by Mr. Knox; second by Mr. Hunter
Carried.
That the November 7th, 2002 meeting of the Oro-Medonte Recreation Advisory
Committee does now adjourn at 9:13 pm.
Next Meetin2: December 5th, 2002 @ 7pm.
3
Carried
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2002.122
(Formerly Bill #T614)
Being 8 By-law to authorize the execution of a
Tax arrears extension agreement
WHEREAS The Corporation 01 the Township of Oro-Medonte has registered on the 27th
day of December 2001 a tax arrears certificate against the land described in Schedule "A"
attached herelo and 'orming part 01 this By-Law.
AND WHEREAS Seclion 8 ollhe Municipal Tax Sales Act R.S.O.. 1990, Chapter M,60 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 ollhe Corporation of Ihe Township of Oro-Medonte hereby
enacts as follows:
1. THAT an agreement be entered into by the Corporation with James Kellington
Ooughly and Janet Elaine Doughty the owners 0' Ihe land described in Schedule "A"
to extend the time period in which the cancellation price payable on this land is to be
paid beyond December 27'h, 2002.
2. THAT the agreement be substantially the same form and contain the same terms
and conditions as set out in Schedule "8" 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 4'h DAY OF DECEMBER, 2002.
BY-LAW READ A THIRD AND FINAL TIME THIS 4'h DAY OF DECEMBER, 2002.
Mayor, J. Neil Craig
Clerk) Marilyn pennycook
. .
THE CORPORATtON OF THE TOWNSHIP OF ORO-MEDONTE
Description of Ihe land:
Roll # 4346 020-004-14828
SCHEDULE "A"
BY-LAW NO. 2002-122
Plan M92 Lot 28
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEOONTE
1(1 Cj ) -3
SCHEDULE "B"
BY.LAW NO. 2002-122
THIS AGREEMENT made In triplicate the
BETWEEN
day 01 November, 2002.
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 Schedute "A" attached hereto and forming part of this agreement.
AND WHEREAS Ihe Owner's land is in arrear$ of taxes on the 15th day of
November, 2002 in the amount of $16,337.75 and a tax arrears certificate was registered in
the Registry Office on the 27~ day of December, 2001 in respect of the Owner's land.
AND WHEREAS under Section 8 ot the Municipal Tax Sales Act, R.S.O. 1990
Chapter M.60 as amended a municipality may by By-law, authorize an extension agreement
be entered into by Ihe Corporation with an Owner to extend the period ot time in which the
cancellation price in respect to the Owner's land is to be paid.
NOW THEREFORE THtS AGREEMENT WITNESSETH that in consideration 01 the
premises and of the covenants and obligations hereinafter contained, it is hereby agreed as
follows:
1. The Owner agrees to pay to Ihe Corporation Ihe sum of $400.00 <lour hundred)
dollars monthly, payable on the 22nd day of each and every month commencing on
the 22nd day of November, 2002, to and inciuding the 22 day of November, 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 MunicipaJ Act, R.S.O.
1990, Chapter MA5, as amended, shall conlinue 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 Ihe Owner delaulls in any payments required by this Agreement, this
Agreement upon nolice being given to the Owner by the Corporalion, shall be
terminated and the O_wner shall be placed In the position he or she was before this
Agreement was enlered inlo. In the evenl 01 a default, this Agreement shall cease to
be considered a subsisting agreement on the day that the notice of termination is
senI to the Owner.
5. Immediately upon the Owner making all the payments required under paragraphs 1
and.2, Ihis Agreement shall be terminaled and, the Treasurer shall forthwilh regisler
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
1 reasurer shall Jorthwith register a tax arle8rs cancellation certitlcate
7. This AgreemenI shall extend to and be binding upon and ensure to the benefit of the
Parties and to their respective. heirs, successors and assigns.
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tv~~~~~;OO2 .122
8, If .ny par.gr.ph or part of paragraphs in this Agreement be illegal or unenforceable,
/I or Ihoy .holl be considered separale and severable from Ihe Agreemenl and the
rom.lnlng provisions 01 Ihe Agreement shall remain in force and effect and shall be
binding upon lha Parties herelo as Ihough Ihe said paragraph or paragraphs or part
or pDrll 01 pDrDgrDphs had never been included.
9. Any nollee required to be given to the Owner hereunder shall be sufficiently given il
Denl by regislered posl to Ihe Owner al the tollowing address:
In WITNESS WHEREOF Ihe Owner has hereunto seI his hand and seal and the
Corporation has caused its Corporale Seal to be hereunto affixed, attested by its proper
Officers.
SIGNED, SEAL EO AND DELIVERED IN THE PRESENCES OF
Witness
Mayor, J. Neil Craig
Witness
Clerk, .Marilyn Pennycook
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THE CORPORATION OF THE TOWNSHIP OF ORO.MEDONTE
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SITE PLAN CONTROL
BY-LAW NO. 2002-124
Being a By-Law to Authorize the Execution of a Site Plan Control Agreement
between The Corporation of the Township of Oro.Medonte,
and Carriage Hills Resort Four, Inc.
described as lands as fOllows:
Parcel 1-26, Section 51-0ro-3, being Part of Lots 1 and 2, Concession 3,
designated as Part 1 on Plan 51R-31409,
Township of Oro-Medonte, County of Simcoe
WHEREAS authority to enter into Site Plan Control Agreements is provided for in
Section 41 of The Planning Act, RS.O.. 1990, c. P. 13, as amended, and Council
deems it necessary to enter into a Site Plan Control Agreement on the lands described
herein;
AND WHEREAS By-Law No. 94-149, a By.Law to Designate Parts of the Township as
Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte,
pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended;
AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control,
pursuant to By-Law No. 94-149;
NOW THEREFORE the Corporation of the Township of Oro-Medonte hereby enacts as
follows:
1. THAT the Township enter into the Site Plan Control Agreement attached hereto, as
Appendix "A", on lands described on the attached Schedule "A";
2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control
Agreement on behalf of the Corporation of the Township of Oro-Medonte;
3. THAT the attached Appendix "A" and Schedule "A" shall form part of this By-Law;
4. THAT this By-Law shall come into force and take effect upon being enacted by
Council.
By-law read a first and second time this 4th day of December, 2002.
By-law read a third time and finallY passed this
day of
,2002.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook
APPENDIX "A"
TO By-law No. 2002-124
SITE PLAN AGREEMENT
- between -
CARRIAGE HILLS RESORT FOUR, INC.
- and -
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
Part of Parcel 1-26, Section 51-0ro-3, Being Part of
Lots 1 and 2, Concession 3, Designated as
Part 1 on Plan 51R-31409 (Formerly Township of Ora)
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
November. 2002
By-Law No. 2002-
I LfiJ)J
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Schedule "A"
Schedule "8"
Schedule "CO
Schedule "D"
Schedule "D1"
Schedule "E"
THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN AGREEMENT
TABLE OF CONTENTS
Covenants by the Owner
Covenants by the Township
Development Restrictions
Development Changes
Security
Compliance
Co-operation
Binding Effect
Severability of Clauses
Save Harmless
Development Charges, Real Property Taxes & Other Levies
& Imposts
SCHEDULES
Legal Description of Lands
Site Plan
Deeds and Easements to be Conveyed
Itemized Estimate of Cost of Internal Construction
Itemized Estimate of Cost of External Construction - Line 3 North
Standard Township Letter of Credit
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SITE PLAN CONTROL AGREEMENT
This Agreement made In quadruplicate this day of
accordance with Section 41 of the Planning Act.
2002, in
BETWEEN:
CARRIAGE HillS RESORT FOUR, INC.
Hereinafter called the "Owne~'
PARTY OF THE FIRST PART
-and-
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Hereinafter called the "Township"
PARTY OF THE SECOND PART
WHEREAS the Owner has applied to the Township of Oro-Medonte to permit a 78-unit
timeshare development on lands described in Schedule "A", attached hereto;
AND WHEREAS the Township has enacted a By-law to provide for the designation of the
lands as a "Site Plan Control Area";
AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan
attached hereto as Schedule "B";
NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual
covenants hereinafter contained, the parties hereto hereby covenant and agree as
follows:
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1, COVENANTS BY THE OWNER
The Owner covenants and agrees as follows:
a) Tha Owner owns the subject lands described in Schedule "A", attached hereto,
and has provided the Township wilh a Registered Deed containing the legal
description of the subject lands.
b) This Agreement may be registered against title to these subject lands and shall
take priority over any subsequent registrations against the title to the subject lands.
c) No work shall be performed on the lands, nor any use made of the subject lands
with respect to the proposed development, except in conformity with all the
provisions of this Agreement.
d) The Owner shall, prior to the execution of this Agreement, obtain all necessary
permits and approvals from the Township and from all Ministries and Agencies,
including, but not limited to, the County of Simcoe, Nottawasaga Valley
Conservation Authority, Ministry of the Environment, and A.W.S. Engineers and
Planners Corp.
e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes
and charges related to obtaining the approval of these lands for the intended use.
f) The Owner shall pay a refundable deposit for such reasonable costs as may be
involved to the Township in having its Solicitor, Engineer, Planner and staff,
perform any work in connection wilh this Agreement, including the preparation,
drafting, execution, and registration of this Agreement. The Owner acknowledges
and agrees that the Owner shall be responsible for the cost of performance of all
the Owne~s obligations hereunder, unless the context otherwise requires. Every
provision of this Agreement, by which the Owner is obligated in any way, shall be
deemed to include the words "at the expense of the Owner", unless specifically
stated otherwise. The refundable deposit for expenses and actual cost shall be
$5,000.00. The Owner shall replenish the refundable deposll, to Its full amount,
when the expenses and actual costs are submitted by the Township.
g) The Owner shall have delivered to the Township, all Transfers/Deeds, Discharges
and Easements, or other documents required by Schedule "CO, as well as
certification from the Owner's Solicitor that the Transfer/Deeds and Easements
shall provide the Township with good title, free and clear from all encumbrances.
h) The Owner shall file with the Township Solicitor, for his approval, a postponement
of mortgage/charge document.
i) The Owner shall pay to the Township, all cash deposits, development charges and
security required by Schedules "0" and "01".
j) The Owner shall employ Engineers, registered and in good standing with, the
Association of Professional Engineers of Ontario to prepare all required Drawings
and specifications, contracts, and provide contract administration.
The OW[1er shall provide supervision during construction of all services and ensure
that the work is carried out by construction methods conforming to acceptable
engineering practice.
The Owner shall file with the Township, a letter confirming the terms of the
Enpineer'!3: retainer
k) The Owner shall lodge with the Township, an insurance certificate:
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k.1) With an insurance company satisfactory to the Township, insuring for the
joint benefit of the Owner, their agenls and Ihe Township and their agents,
against any liability that may arise out of the construction or installation of
any work 10 be performed pursuanllo this Agreement for a period of one (1)
year after completion and acceptance of the Township services to be
constructed.
k.2) Comprehensive General Liability shall carry limits of liability in the amount to
be specified by the Township, but in no event shall it be less than Five
Million Dollars ($5,000,000.00) inclusive Comprehensive General Liability
and such policy shall contain:
a) Cross-liability clause
b) Product/completed operation coverage
c) Shall include the following names as insureds:
i) The Corporation of the Township of Oro-Medonte
k.3) A provision that the insurance company agrees 10 notify Ihe Township
within fifteen (15) days, in advance, of any cancellation or expiry of the said
insurance policy.
kA) Any certificate of coverage filed with the Township Clerk shall specifically
contain their confirmation that coverage includes a) b) and c) of Section k.2)
above and are in effect.
k.5) The Owner shall, from time to time, provide confirmation that all premiums
on such policy, or policies, insurance have been paid and that the insurance
is in full force and effect.
k.6) The issuance of such policy of insurance shall not be construed as relieving
Ihe Owner from responsibility for other or larger claims, if any, and for which
it may be held responsible.
I) The Owner shall enter into a Road Improvement Agreement with the County of
Simcoe for required upgrades to County Road #22, prior to execution of this
Agreement.
m) The Owner must preserve all healthy trees within the limits of the Site Plan, where
possible.
n) The Owner shall repair any damages caused to an existing road, road allowance,
or existing structure or plant located on the road allowance as a result of the Site
Plan development. The Owner's Engineer shall arrange for an inspection with the
Township Official and Township Engineer for the purpose of compiling an
inventory of existing conditions prior to work on the Site Plan. Otherwise, the
Township Official's assessment of conditions prior to construction will be final.
0) The Owner agrees to carry out, or cause to be carried oul, the recommendations
and measures contained within the plans and reports, as approved by the
Nottawasaga Valley Conservation Authority.
The Owner agrees to ensure that a qualified professional will certify, in writing, that
the works were constructed in accordance with the plans and repairs, as approved
by the Nottawasaga Valley Conservation Authority.
The Owner a9ree~ to ensure that 81\ storm water management facilities (89
detention pond) and erosIon and sed,ment controi measures will be In place pnor
to any site alteration.
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2. COVENANTS BY THE TOWNSHIP
The Town.hlp covenants and e\)rees as foltows:
8) ThaI tho Township has enacted a By.law to permit a 78-unit timeshare
davelopmenl described on the Site Plan,
b) Thatlhe Township agrees Ihal subject to compliance by the Owner wilh alt
relevanl Municipal By.laws and Provincial Statutes and Regulations, the Owner
may proceed to develop the subject tands, as indicated on the Site Plan attached
hereto as Schedule "B", subjecl to Ihe development reslrictions contained herein.
3. DEVELOPMENT RESTRICTIONS
The Parties hereto acknowledge and agree thaI any use of the subject lands by the
Owner shalt be on and subject 10 the foltowing terms and conditions:
a) Site Plan
The use and development of the subject lands shalt be
in accordance with and as set out on the Site Plan,
attached hereto as Schedule "B".
b) LIghtlnQ
All lighting systems installed outside, such as floodlights, shalt be
directed away from any adjacent residential use and/or roadway, not
to cause interference in any way.
c) Parking Areas and Driveways
AIt parking areas and driveways shalt be constructed, in conformity
with Sections 5.19 and 5,20 of By-law No. 97-95, as amended, and
the Ontario Building Code Regulation #419/86, and such parking
areas, loading and access areas shalt be kept free and clear of snow
and ice and kept adequately drained. All entrances shall be
constructed, as in Schedule "B", attached. The Owner agrees to
obtain alt necessary approvals from the Nottawasaga Valtey
Conservation Authority, County of Simcoe and Township of Oro-
Medonte.
d) Outside Storage
No outside storage shalt be permitted between any buildings on the
premises and any street. Any other outside storage shall be
contained in the areas as identified on Schedule "B".
e) Garbage Storage
The Owner agrees to provide suitable storage areas for garbage and
waste, as shown on the Site Plan, and to install and maintain litter
containers in and around development on the lands.
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f) Landscaping
Tha Ownar shall complele ell landscaping and landscaped areas
shown on the Site Plan, a<<ached as Schedule "B", as soon as
wealhar permits, and all grading and sodding required, according to
any Engineering drawings submitted, shall be done on all lawn
areas.
g) Erosion and Sillatlon Control
The Owner must take all necessary precautions to prevent erosion
and sedimenlation of ditches and culverts, slopes, etc., within the
Site Plan, and downstream prior to and during construction. The
Owner agrees to maintain all erosion and siltation control devices in
good repair until vegetative cover has been successfully established.
4. DEVELOPMENT CHANGES
The parties acknowledge and agree thai there shall be no changes to this Agreement or
the Schedules attached hereto, unless and unlil such changes have been approved, in
writing, by all Parties.
5. SECURITY
Prior to signing the Agreement, the Owner will deposit with the Treasurer of the
Township, to cover the faithful performance of the obligations of the Owner arising under
this Agreement, including but nollimited to the construction of the works and services
identified in Schedules "0" and "01" to this Agreement (the "said Work"), the following
securities:
a) Cash in the amount of one hundred percent (100%) of the estimated cost of the
said work, as approved by the Township Engineer and Township Council, or:
b) An irrevocable Letter of Credit from a Chartered Bank, issued in accordance with
the requirements of Schedule "E", with an automatic renewal clause in the amount
of one hundred percent (100%) of the estimated costs of the said works, and as
approved by the Township Engineer. The Letter of Credit shall be for a minimum
guaranteed period of one (1) year, or such time as the Township decides, and
shall be renewed automatically, as necessary, thirty (30) days prior to expiration.
c) The Township reserves the right to accept or reject any of these alternative
methods of providing securities. Prior to depositing the securities, the Owner's
Engineer shall submit an estimate of the cost of the works to the Township
Engineer for approval. When the cost estimate has been approved, it will be set
out in Schedules "0" and "01" of this Agreement and will become the basis for the
limits of the securities.' -
d) Any Letter of Credit or security filed with the Township is based upon the estimated
cost of completing the various matters prescribed by this Agreement. However, all
Letters of Credit and Security received by the Township may be used as security
for any item or any other matter which, under the terms of this Agreement, is the
responsibility of the Owner, including without limiting the generality of the
foregoing, payment of engineering, legal, planning or other costs incurred by the
Township, which are the responsibility of the Owner, under the terms of this
Agreement.
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e) Upon wrlUen nollflcallon by the Owner's agent, certifying that all required works
for which the LeUer of Credit was submitted have been completed in accordance
wllh the plenllubmlUed and upon confirmation by the Township or its agent that
the Owner'1 obligations under this Agreement have been completed, the
T ownlhlp will return laid LeUer of Credit.
I) If In the evenl of delaull of the Owner under any of the provisions of this
Agraement, It becomes necessary for the Township to realize on its security or
deposits, then the Township shall give, by registered mail, twenty-one (21) day's
notice, Its Intent to draw down on the security or deposit.
6. COMPLIANCE
Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in
addition to and without prejudice to any security or other guarantee given on behalf of the
Owner for the performance of ils covenants and agreements herein, and upon default on
the part of the Owner hereunder, the Township shall, in addition to any other remedy
available to It, be at liberty to utilize the provisions of Section 325 of the Municipal Act,
R.S.O. 1980, Chapter 302, as amended.
7, CO-OPERATION
The Owner consents to the registration of this Agreement by the Township, upon the title
of the subject lands, at the expense of the Owner and agrees to execute such further and
other documents, consents or applications, as required, for the purpose of securing
registration and giving effect to the provisions of this Agreement.
8. BINDING EFFECT
This Agreement, and everything contained herein, shall be binding upon the successors
and assigns of the Parties hereto, and upon the lands described in Schedule "A",
attached hereto, such Schedule being a legal description ofthe lands, and it is further
agreed that this Agreement shall be prepared, approved and regislered on title.
9. SEVERABILITY OF CLAUSES
Should any Section, Subsection, Clause, Paragraph or Provision of this Agreement be
declared by a Court of competent jurisdiction to be invalid, the same shall not affect the
validity of the Agreement as a whole or any part thereof, other than the provision so
declared to be invalid.
10. SAVE HARMLESS
The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save
harmless, the Township from and against any and all claims, suits, actions and demands
whatsoever, which may arise either directly or indirectly by reason of any work or service
performed by the Township, its-servants or sub-contractors in order to complete the work
or services required to be completed under this Agreement, provided the subject matter
of such action, suits, claims or demands was noI caused intentionally or through gross
negligence on the part of the Township, its servants or agents or sub-contractors.
11, DEVELOPMENT CHARGES, REAL PROPERTY TAXES & OTHER LEVIES &
IMPOSTS
Development charges and education development charges shall be payable on a per-
block basis, prior to the issuance of the first Building Permit with respect to the particular
blocK
8
IN W*TNI" WH'ftIO'.,theJ '.rtt_ "',.unto h."'. .mud their ,npcotlv. .....
.".., em h..ttwM (111M', pmt>>' nmc.,. ClUJ)I authol'iuClln thot bchaU.
IIONID. ltAL.IC AND OellVIRIC ) CARRIAGe HILLa RtaO,n
) "OUR. INC.
),
)
)
)
) I hllVl th~ authority [0 hind
) the corp,n/l;tioll.
)
)
) The Corporatlon of th.
) Townahlp ot Oro-Medonte
) , "
J per;
)
)
)
} J. Neil Craig. ~ayor
) ,
)
')
J M"rllyn 'Pennyc:ook. Cl6rk
) , ,
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SCHEDULE "A"
" iii Und."IOO(/ ~nd IIQrtJ<<! Ih9llhls Schedule forms part of the Site Plan
A!ltoomonl blJlwoon Iho 1 owns hip of Oro-Medonte and Carriage Hills
~.tot1 Four. loc,
LIOAI. DESCRIPTION OF LANDS
r.11 of r..,ceI1-26, Section 51-0ro-3, being Part of Lots 1 and 2, Concession 3,
doelgnaled a8 Part 1 on Plan 51R-31409 (formerly Township of Oro), Township of Oro-
Medonla, County at Simcoe.
10
SCHEDULE "B"
/Llb)-r)
NOTE:
It I. understood and agreed Ihal this Schedule forms part of the Site Plan
Agrnement between the Township of Oro-Medonte and Carriage Hills
Resort Four, Inc.
81TE PLAN
Site Plan Is not In a registerable form and is available from the Township of Oro-Medonte.
The following Drawings and Report prepared by SIA Seinhakerllrwin Associates, URS Cole
Sherman, P .K. Menzies, The Hulbert Group Inl. Inc., Project #TO-8989 dated 09/03/02,
revised November 21,2002.
A200
L-200
L-200
SG1
Sile Plan
Details
Planting Plan
Site Grading and Servicing Plan (Project #01104).
Storm Water Management Report - URS Cole Sherman - August, 2002, revised November,
2002.
P1-P3
P4-P5
Water Main Profile - Line 3 North
Entrance design to Carriage Hills Phase IV prepared by URS Cole Sherman
dated October, 2002, revised November 21,2002.
II
/1./ J) J- IJ
SCHEDULE "C"
NOTE:
Ills und",stood and agreed thai this Schedule forms part of the Site Plan
Agreement between the "[ ownshlp of Oro-Medonle and Carriage Hills
Resort Four, Inc,
gEEDS AND EASEMENTS TO BE CONVEYED
Alllltle documents shall be properly drawn and executed by the parties, with the
appropriate Lot or Btock Number inserted in the description of the document, and the
registered Ptan Number shall be teft blank, to be inserted by the Solicitors for the
parties after the Plan is registered and a Plan Number assigned,
The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the
cost of preparation, execution and registration thereof, shall be borne by the Owner.
All documents to be registered, shall be prior approved by the Solicitor for the
Township.
The following land and easement shall be conveyed:
1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP
N/A
2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP
N/A
12
11/?1/2002 11:28
90S--882--4399
COLE SHERMAN
PAGE 04
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NOTE:
SCHEDULE 'D'
It is understood and agreed that this Sch~1o forms part of the
Subdivision Agreement beyween the TOWNSHIP OF ORQ-MEOONTE
ANb CARRIAGE HILLS RESORT FOUR, INC.
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION OF EACH PART OF THE
INTERNAL WORKS
CARRIAGE HillS PHASE IV TIMESHARE DEVELOPMENT
The following list summarizes the cost estimate of the major works, but is not necessBrily inclusive:
A)
Roadway Construction complete, including clearing and grubbing,
excevation, granular road base materials, concrete curb and spillways
and two lifts of e.:2.~_________
$ 473,285.00
B) Storm Drainage works complete, including storm sewers, ditch inlet
catchbasins, culverts, detention pond, topsoil, seed and mulch, sod,
ditChing and _siltation and _~!osiOn con_If_C)1 devices __ __
C) WatelWorks, including watermains, valves, hydrants and valves, water
~ces and mo<!ificatlon to P~I11.e.~2use
E)
Miscellan~<?~s items suS~ as street n~~nd regulatory signs
--
$ 14,880,9.Q...
$ _.J~OO
$ _...E,~.Q...
$ 7,SOO.00_
~- 7S,OOO.~
$ 175,00~
D) Sanltal}'_~ewers InClUding all assC)~iated appurtenances
F) Electrical supply, Including street lights, contro! panels and
duct crossing!i__
G) Parkland ~<?rks, including gradin~~!!.~1 fences and Rark slg.!:!-
Allowance for Engineering and supervision
SUB. TOTAL $ 934,665.00
$ , 40,202.75
TOTAL $ 1,074,667.75
70/0G_S.T. $ 75,242.14
GRANO TOTAL COST $1,150.129.8$
11/21/2002 13:05
905--882--4399
COLE SHERMAN
.
SCHEDULE'D-1"
NOTE:
It is understood and agreed thaI this Schedule forms part of the
Subdivision Agreement beyween the TOWNSHIP OF ORO-MEDONTE
AND CARRIAGE HILLS RESORT FOUR, INC.
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION OF EACH PART OF THE
EXTERNAL WORKS
CARRIAGE HILLS PHASE IV TIMESHARE DEVELOPMENT
The following IiSI summarizes the cost estimate of the major works, but is not necessarily inclusive:
A)
Roadway Construction complete, including clearing and grubbing,
excavation, granular road base male rials, concrete curb and spillways
~nd two lifts of a~2!!:......_
$ 55,629.00
8) Storm Drainage works complete, including storm sewers, ditch inlet
catchbasins, culverts, detention pond, topsoil. seed and mulch, sod,
ditching.~nd siltation a!1q.~~!~~~!!2-l_devices
$
$ 63,920.00
$
$
$
$ 5,200.00
C) Waterworks, Including watermains, valves, hydrants and valves, water
_~erylces and modifl~~tlon to "p"umph9..!!.~_________
D) Sanitary _~~.\~~S i':).cluding_ all a~oclate9__~EP~.!1_!!.nances
E) Miscellaneous Iterl1~_1?~'?h._~ st~eet.!!.~m~_~.!:!~.regulatory~!2!.______
F) Electrical supply. including street lights, control panels and
~t crossi.!}~_________..___..__ _______
G) Parkland works, includi~9..9!.!1!!!!,Jl,~~!~~nd par~~n
-----
SUB - TOTAL $124,749.00
Allowance for Engineering and supervision
$ 18,712.35
TOTAL $143,461.35
7 % G.S.T. $ 10,042.29
GRAND TOTAL COST $ 153,503.64
PAGE 03
HSBC ill
SCtf6DU L:E
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IRREVOCABLE STANDBY LETTER OF CREDIT
DATE OF ISSUE: November 15,2002
IRREVOCABLE STANDBY LETTER OF CREDIT NO: 2002076
AMOUNT: CADl,137,234.25
(ONE MILLION ONE HUNDRED THIRTY SEVEN THOUSAND TWO HUNDRED THIRTY FOUR AND 25/100
CANADIAN DOLLARS)
DATE OF EXPIRY: November 14,2003
I
,
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BENEFICIARY:
THE CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE
P.O. BOX 100
ORO, ONTARIO LOL 2XO
APPLICANT:
C1\RILLION CANADA INC, /CARRIAGE HILLS
RESORT FOUR INC.
80 NORTH QUEEN STREET
TORONTO, ONTARIO M8Z 5Z6
i
j
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WE HEREBY AUTHORIZE YOU TO DRAW ON HSBC BANK CANADA, 4550 HURONTARIO STREET,
MISSISSAUGA, ONTARIO L5R 4E4 FOR ACCOUNT OF CARILLION CANADA INC./CARRIAGE HILLS
RESORT FOUR INC., UP TO AN AGGREGATE AMOUNT OF ONE MILLION ONE HUNDRED THIRTY SEVEN
THOUSAND TWO HUNDRED THIRTY FOUR AND 25/100 CANADIAN DOLLARS (CADl,137,234.25),
WHICH IS AVAILABLE ON DEMAND.
-
..
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PURSUANT TO THE REQUEST OF THE APPLICANT, WE, HSBC BANK CANADA, 4550
HURONTARIO STREET, MISSISSAUGA, ONTARIO L5R 4E4, HEREBY ESTABLISH AND GIVE TO YOU
AN IRREVOCABLE STANDBY LETTER OF CREDIT IN YOUR FAVOUR IN THE ABOVE TOTAL AMOUNT,
WHICH MAY BE DRAWN ON BY YOU AT ANY TIME AND FROM TIME TO TIME UPON WRITTEN DEMAND
FOR PAYMENT MADE UPON US BY YOU WHICH DEMAND WE SHALL HONOUR WITHOUT ENQUIRING
WHETHER YOU HAVE A RIGHT AS BETWEEN YOURSELF AND THE SAID APPLICANT TO MAKE SUCH
DEMAND, AND WITHOUT RECOGNIZING ANY CLAIM OF THE SAID APPLICANT OR OBJECTION BY
THEM TO PAYMENT BY US.
PROVIDED, HOWEVER, THAT YOU ARE TO DELIVER TO US AT SUCH TIME AS A WRITTEN
DEMAND FOR PAYMENT IS MADE UPON US, A LETTER SIGNED BY AN AUTHORIZED SIGNING OFFICER
OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE AGREEING AND/OR CONFIRMING THAT
MONIES DRAWN PURSUANT TO THIS IRREVOCABLE STANDBY LETTER OF CREDIT ARE TO BE USED TO
PERFORM ANY OUTSTANDING OBLIGATIONS OF THE SAID APPLICANT TO YOU OR TO ENSURE THAT
ANY OUTSTANDING OBLIGATIONS OF THE SAID APPLICANT TO YOU ARE PERFORMED IN CONNECTION
WITH THE SUPPLY AND INSTALLATION OF THE WATERMAIN, STORM SEWERS, SANITARY SEWER,
ASPHALT PARKING AREA, CONCRETE CURBS, LIGHTING AND LANDSCAPING FOR CARRIAGE HILLS
RESORT, PHASE 4 AND PROPERTY DESCRIBED AS PARCEL 1-27, SECTION 51-0RO-3, BEING PART
OF LOTS 1 AND 2, CONCESSION 3, DESIGNATED AS PART 1 ON PLAN 51R-31409, TOWNSHIP OF
ORO-MEDONTE (FORMERLY TOWNSHIP OF ORO) , COUNTY OF SIMCOE.
IT IS UNDERSTOOD AND AGREED THAT THE OBLIGATION OF HSBC BANK CANADA UNDER THIS
IRREVOCABLE STANDBY LETTER OF CREDIT IS AN OBLIGATION TO PAY MONEY ONLY AND THAT
UNDER NO CIRCUMSTANCES SHALL HSBC BANK CANADA BE OBLIGED TO PERFORM OR CAUSE TO
PERFORM ANY OF THE APPLICANT'S ACTUAL OBLIGATIONS TO YOU.
PARTIAL DRAWINGS ARE PERMITTED.
THE ~~OUNT OF THIS IRREVOCABLE STANDBY LETTER OF CREDIT MAY ONLY BE REDUCED BY
THE AMOUNT OF DRAWINGS PAID OR AS ADVISED BY NOTICE IN WRITING GIVEN TO US BY YOU.
HSBC Bank Canada 1 ' f 2
4550 Hurontario Street, Mississauga, Ontario L5R;fE40
General Enquiries: (905) 568-3666 Fax: (905) 568-53011 (905) 568-5302
.
,
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THIS PAGE IS AN INTEGRAL PART OF IRREVOCABLE ST ANDBL Y LETTER OF CREDIT NO.: 2002076.
THIS IRREVOCABLE STANDBY LETTER OF CREDIT WILL EXPIRE AT OUR COUNTERS AT HSBC
BANK CANADA, 4550 HURONTARIO STREET, MISSISSAUGA, ONTARIO L5R 4E4, ON THE ABOVE
MENTIONED EXPIRY DATE, HOWEVER, IT IS A CONDITION OF THIS IRREVOCABLE STANDBY
LETTER OF CREDIT THAT IT SHALL BE DEEMED TO BE AUTOMATICALLY EXTENDED, WITHOUT
AMENDMENT, FOR ONE YEAR FROM THE PRESENT OR ANY FUTURE EXPIRATION DATE HEREOF,
UNLESS AT LEAST THIRTY (30) DAYS PRIOR TO ANY SUCH EXPIRATION DATE WE NOTIFY YOU IN
WRITING BY REGISTERED MAIL OR COURIER THAT WE ELECT NOT TO CONSIDER THIS
IRREVOCABLE STANDBY LETTER OF CREDIT RENEWED FOR ANY SUCH ADDITIONAL PERIOD. UPON
RECEIPT BY YOU OF SUCH NOTICE, YOU MAY DRAW HEREUNDER BY MEANS OF YOUR DEMAND
ACCOMPANIED BY YOUR WRITTEN CERTIFICATION THAT THE AMOUNTS DRAWN WILL BE RETAINED
AND USED BY YOU TO MEET OBLIGATIONS INCURRED OR TO BE INCURRED IN CONNECTION WITH
THE ABOVE; FURTHER, THAT YOU WILL RELEASE ANY AMOUNT(S) NOT REQUIRED BY YOU TO THE
APPLICANT.
THE DRAWINGS UNDER THIS IRREVOCABLE STANDBY LETTER OF CREDIT ARE TO STATE THAT
THEY ARE DRAWN UNDER HSBC BANK CANADA, 4550 HURONTARIO STREET, MISSISSAUGA, ONTARIO
L5R 4E4, IRREVOCABLE STANDBY LETTER OF CREDIT MENTIONING ITS NUMBER AND DATE.
WE HEREBY AGREE THAT DRAWINGS UNDER THIS IRREVOCABLE STANDBY LETTER OF CREDIT
WILL BE DULY HONOURED UPON PRESENTATION PROVIDED THAT ALL TERMS AND CONDITIONS OF
THE IRREVOCABLE STANDBY LETTER OF CREDIT HAVE BEEN COMPLIED WITH.
EXCEPT SO FAR AS OTHERWISE EXPRESSLY STATED, THIS IRREVOCABLE STANDBY LETTER
OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS
(1993 REVISION), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500.
YOURS TRULY,
HSBC BANK CANADA
4550 HURONTARIO STREET
MlSSlSSAUGA, ONTARIO LSR 4E4
OI'1{~O "
AUTIfORIZED SIGNATURE
2 of 2
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TilE COIU'ORATION OF TilE TOWNSHII' OF ORO-MEI)ONTE
BY-LAW NO. 2002. 12S
IJJ\lN(; 1\ IIY-LAW TO AJ)o/'r OFFICIAL PLAN AMENI)MENT NO. 14 TO THE
TOWNSIIII' OJi' OIW-MIWONTE OFFICIAL PLAN
The Coum.:iluf the CUJ1xmHiulI of the Township of Oro-Medonle, in accordance wilh the provision
of the Plunning Act, hereby cnucts as follows:
I. The ultuchcd explanatory text which constitutes Amendment No. )4 to the Official Plan of
the Township of Oro-Medonte. is hereby adopted.
2. The Planner is hereby authorized and directed to make application to the County of Simcoe
for "pproval of Amendment No. 1410 the Official PI"n of the Township ofOre-Medonte.
3. This By-law shall come into force and take effect On the day of the final passing thereof
with the approval of the County of Simcoe.
BY .LA W READ A FIRST AND SECOND TIME, THIS DA Y OF DECEMBER, 2002.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS
DECEMBER,2002.
DA Y OF
THE CORPORATION OF THE TOWNSHIP OF ORO-
MEDONTE
M"yor- J. Neil Craig
Clerk - Marilyn Pennycook
/ </ c) -c '?/
AMENDMENT NO. 14
TO THE
OFFICIAL PLAN FOR THE TOWNSHIP
OF ORO-MEDONTE
November 14,2002
Ii{. ) n
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AMENDMENT NO. 14
TO THE OFFICIAL PLAN FOR THE
TOWNSHIP OF ORO-MEDONTE
The attached explanatory text constituting Amendment No. 14 to the Official Plan for the
Township of Oro-Medonte was prepared and adopted by the Council of the Township of
Oro-Medonte by By-law No. 2002- in accordance with the provisions of Sections 17
and 21 of the Planning Act R.S.O. 1990, c.P. 13 on the day of December
2002.
Mayor - J. Nej] Craig
Clerk - Marilyn Pennycook
AMENDMENT NO. ] 4 TO THE OFFIClAL PLAN OF THE TOWNSHIP OF ORO-
MEDONTE
INDEX
The Constitutional Statement
PART A-THE PREAMBLE
Purpose
Location
Basis
PART B - THE AMENDMENT
Introduction
Details of the Amendment
PART C - APPENDICES
]. Public Meeting Minutes from February 20, 2002
2. County of Simcoe Letter dated February 20, 2002
3. County of Simcoe Letter dated May 29, 2002
4. Planning Report to Planning Advisory Committee dated September ]2, 2002
5. Azimuth Environmental Consulting Inc. Letter dated August ]9,2002
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2
2
2
2-4
5
5
5
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THE CONSTITUTIONAL STATEMENT
The foJJowing Amendment to the Official Plan for the Township of Oro-Medonte
consists of three parts.
PART A - THE PREAMBLE-
consists of the purpose, location and basis
for the Amendment and does not constitute
part of the actual Amendment
PART B - THE AMENDMENT-
which sets out the actual Amendment and
consists of the text, constitutes Amendment
No. 14 to the Official Plan of the Township
of Oro-Medonte.
PART C - THE APENDICES-
consists of information pertinent to this
Amendment in the form of background
information. This section does not
constitute part of the actual Amendment.
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PART A - THE PREAMBLE
1.0 Purpose
The purpose of this Amendment it to change the land use designation applying to lands
located in East Half of Lot 7, Concession 7 (formerly Township of Oro) from the "Rural"
designation to the "Mineral Aggregate Resources" designation.
2.0 Location
This Amendment affects approximately 7.6 hectares (18.7 acres) ofland in the East Half
of Lot 7, Concession 7 as shown on Schedule "A" attached. The property is located on
Line 7 North above the Old Barrie Road. The Amendment changes the designation of the
property on Schedule "A I 2" of the Township of Oro-Medonte Official Plan.
3.0 Basis
The subject property is a total of 40.47 hectares (100 acres) of which 32.87 hectares
(81.22 acres) is currently designated Mineral Aggregate Resources in the Township
Official Plan. Lands to the north, west, south, and east are aIJ currently designated
Mineral Aggregate Resources in the Township Official Plan. Lands to the south and east
are also currently the site of active licensed aggregate operations.
The subject lands are located on Line 7 North, which is one of the designated haul routes
in the Township. The other lands designated in the vicinity of Line 7 North were aJl
zoned and licensed in accordance with an Ontario Municipal Board decision in 1994.
The property is located within the Oro Moraine, which is currently the subject of a Land
Use Strategy review. This application was reviewed by the Environmental ConsuJtants
and Planning ConsuJtants completing that work to ensure compliance with the intent of
that strategy. Due to the existing land uses in this vicinity the proposed amendment to
include the remainder of the subject lands within the Mineral Aggregate Resources
designation is considered appropriate and is consistent with the Land Use Strategy being
developed for the Oro Moraine. There are specific rehabilitation measures to be
implemented on the License issued by the Ministry of Natural Resources in order to
ensure the lands are rehabilitated to natural forestation upon completion of extraction and
that the closure plan include active re-planting with native trees not passive succession in
order to enhance the surrounding natural heritage system to the north-west.
/VcJ-J
Two reports were completed by the appJicant in support of the appJication including:
1. Impact Assessment of an Aggregate AppJication (Geological Investigations)-
November 9,2001
This report confirmed that aggregate in sufficient quantities for extraction are located
on the site.
2. Natural Environment Study and Impact Assessment (J. DobeJI & Assoc) - August
2001
This report concludes that the proposed pit, while necessitating the removal of 7.6
hectares of woodlot, wj]] have no negative impact in the Jarger significant woodlot in
the northwest.
These reports were reviewed by Consultants retained by the Township incJuding Azimuth
Environmental Consulting Inc.
The applicant has completed an Environmental Impact Study and has confinned that the
proposed expansion wj]] have minimal impact on any defined feature of Provincial
significance. In addition, the applicant's consultant has indicated that the amount ofJand
to be cJeared is very smaJI compared to the size of the larger forest unit. In addition, this
area does not support any watercourse or other significant natural features. On the basis
of the Township's review of the various reports, the Township accepts this concJusion.
The applicant has indicated that the proposed pit expansion wj]] not impact on the
groundwater recharge function of the area. In addition, extraction wilJ not intercept the
water table, as it wj]] not occur within 1.5 metres of the water table. No on-site washing
of aggregate is proposed, thereby lessening the potential impact. In order to ensure that
extraction does not occur cJose to the water table, a number of monitoring weJIs wilJ be
drj]]ed as a condition of approval. The Township agrees with these concJusions.
Given that a pit is a fairly intrusive land use, the character of the property wj]] certainly
change if the application is approved. It should be recognized however that this
application is located in the vicinity of five other Jicense aggregate operations that
identify the character of this specific area. However, the appJicant has indicated that a
number of measures wj]] be undertaken to further minimize the impact of the pit on the
character of the area. These incJude:
I. Boundary adjacent to neighbouring property to north to be planted with trees,
transplanted from other Jocations on the site, to provide an obstruction to the
visibiJity of the operation.
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2. Berms to be constructed using on-site materials and placed aJong Line 7 north and
boundary with neighbour to north to provide mitigation to noise and visibility of
the aggregate operation.
It is the Township's opinion that the measures above wj]] ensure that the impacts of the
propose operation are mitigated as best they can be.
On the basis of the review, the supporting studies and the reviews of the studies by the
Township's consultant, it is Council's opinion that that proposed aggregate operation will
have a minimal impact on the environment, the character of the area, and the groundwater
recharge function of the Oro Moraine. On this basis, it is recommended that the County
of Simcoe approve the application for Official Plan Amendment.
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PART B - THE AMENDMENT
1.0 Introduction
All of this part of the Amendment entitled Part B - The Amendment, which consists of
the following text and Schedule "A", constitutes Amendment No. 14 to the Official Plan
of the Township of Oro- Medonte.
2.0 Details of the Amendment
1. The Official Plan for the Township of Oro-Medonte is hereby amended as follows:
(a) Schedule AI2 is hereby amended by redesignating lands described as East Half of
Lot 7, Concession 7 (formerly Ora) and identified on Schedule "A" attached
hereto and forming part of this Amendment, from "Rural" to "Mineral Aggregate
Resources".
'''''''''-"
LEGEND
Ft1+I+R1 Environmental
fffHH] Protection One
c::J Agricultural
~ Rural
~ Rural Settlement
IS02221 Area
Mineral Aggregate
Resources
l~gOgOI Recreational
000
rmmTI1l Rural Residential
Willl1l1J
(!']0..
Vi!)
Open Waste Disposal
Site
OVERLAY DESIGNATIONS
[,,. ~~~~~fl~:n~~
I I Groundwater
Recharge Area
SCHEDULE A TO OFFICIAL PLAN AMENDMENT NO. 14.
EDGAR
BASS LAKE SIDE ROAD W.
AREA TO BE REDESIGNATED FROM RURAl TO
MINERAl AGGREGATE RESOURCES.
.
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500 0 1000 2000w
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1:40,000
T01!NSIDP OF ORO-MEDONTE
DFFlCIAL PLAN
SCHEDULE A12
I <fC)AI/
PART C _ APPENDICES
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
COUNCIL MEETING MINUTES
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Wednesday, February 20, 2002
TIME: 7:07 p.m.
THIRTY-FIRST MEETING 2000-2003 COUNCIL
Present:
..
Mayor Ian Beard
Deputy Mayor Neil Craig
Councillor Walter Dickie
Councillor Ralph Hough
Councillor Paul Marshall
Councillor Harry Hughes
Councillor Ruth Fountain
Staff Present:
Jennifer Zieleniewski, CAO; Marilyn Pennycook, Clerk;
Andria Leigh, Township Planner
Also Present:
Lloyd Squire, Bill Fitzgerald, Bill Soles, George Sutton,
Fran Sutton, Susan Grant, Bob Barlow, Raymond
Dumont, Peter Wigham, Orval Hutchinson, Ernie
Dryden, Walter Connell (EZ Rock), Monique Seibert,
plus one illegible name on sign-in sheet
.
1 & 2. Mayor fan Beard assumed the chair and called the meeting to order,
followed by a moment of reflection.
3. ADOPTION OF AGENDA:
Motion No.1
Moved by Marshall, Seconded by Fountain
Be it resolved that the agenda for the Council Meeting dated Wednesday,
February 20, 2002 be adopted as printed and circulated with the addition of
the following:
9. REPORTS OF MUNICIPAL OFFICERS:
a) Report No. ADM2002-08, Jennifer Ziefeniewski, CAO, re: amendment to
Schedule 'A', B-Iaw 96-35, procedure - sale of surplus lands.
10. COMMUNICATIONS:
c) County of Simcoe, correspondence re: 9-1-1 CERB Contract with the
Ontario Provincial Police.
.
14. BY-LAWS:
b) By-law No. 2002-021
Being a by-law to amend Schedule 'A' of By-
law No. 96-35, to establish a procedure
governing the sale of real property.
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8. DEPUTATIONS:
a) 7:10 p.m. Public meeting re: proposed amendment to the Official Plan and
Zor;Ji'ng By-law re: Concession 7, East Part of Lot 7 (formerly within
the Township of Oro).
In attendance for the public meeting were: Lloyd Squire, Bill Fitzgerald and
Bill Soles. Correspondence was received from the County of Simcoe with
respect to this matter. Andria Leigh, Township Planner provided an overview
of the proposed amendments and the applicant's representative (Bill
Fitzgerald, Consultant) made a presentation. Comments were provided by
Mr. Ernie Dryden and Mr. Bill Soles.
There is a tape of this meeting available for review.
Motion No.4
Moved by Fountain, Seconded by Marshall
~
Be it resolved that the public meeting re: proposed Official Plan and Zoning
By-law amendment, Concession 7, East Part of Lot 7 (formerly within the
Township of Oro) to redesignate lands from Rural to Mineral Aggregate
Resources designation, File P-121/01 (Lloyd Squire) be adjourned at 7:31
p.m.
Carried.
"
9. REPORTS OF MUNICIPAL OFFICERS:
a) Report No. ADM2002-08, Jennifer Zieleniewski, CAO, re: amendment to
Schedule 'A', B-Iaw 96-35, procedure - sale of surplus lands.
Motion No.5
Moved by Fountain, Seconded by Marshall
.
Be it resolved that Report No. ADM2002-08 by Jennifer Zieleniewski, CAO,
re: amendment to Schedule 'A', B-Iaw 96-35, procedure - sale of surplus
lands be received and adopted, and that the Clerk be authorized to bring
forward a by-law to amend Schedule 'A', By-law 96-35 as presented on
February 13, 2002 with the deletion of the last sentence of Clause 4.4.
Carried.
3
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Midl.andArea: 526.2261 Beet.anArea: 729-2294' L./' y-
Collingwood Area: 428-3143 OrilliaArea: 326-7397
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fLANNING/~ORESTRY
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02/20
'02 13:55 NO.356
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PI_1NN1NG DEPARTMENT
Telephone Extension 255
February 20, 2002
Administration Centre
Midhurst. Ontoria LOL lXO
Ms. L. Aiken, Clerk
Township of Oro-Medonre
P.O. Box 100
Oro, Ontario
LOL 2XO
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Dear Ms. Aiken,
RE: Proposed Official Plan Amendment and Zoning By-law Amendment
Lot 7, Concession 7, Township of Oro-Medonte (former Oro) Your File: PJ21/01
Thank you for chculating the public meecing notice to this office.
111e wesierly seccion of the subject lands, as shown on the enclosed map is located witbJn the Copeland Forest
Unit (OM2) of the Greenlands Designacion of the County Offidal Plan. This unit includes adjacent upland and
lowland habitat, and extensive forested areas of tmdulating topography. Enclosed for your informatiDn is a
brief summary of the features and functions for wbjch the area has been identified.
Prior to approval, the applicant is required to demonstrate, through an Environmental1mpact Statement (EIS),
that the proposed development can be accommodated and the significant characteristics oftbe area maintained.
" " ,
Staff is aware that al) EIS was prepared, however a copy bas Dot been circulated to tbis office.
Consid~ring tbis Official Plan Amendment and a Zoning By-law Amendment,' without an EIS is contrary to
Section 3.7.6 of the County Official Plan which states that" ...u ses permitted conditionally withiu, the
Greenland designation, with acceptable results from an EIS, are extraccive resource developments". Thus prior
to consideration of tlle position taken regarding establishing the principle of developmem witllin the
Greenlands, an EIS is required to be reviewed to determine jf the features and functions can accommodate this
type of development without negative impact.
COtmty Plarming staff request that the consideracion of these app]icacions be deferred until the E1S and other
applicable studies have been received and reviewed by the County Planning Depa.rtJll~llt:..__ _ _ _ _ _ ",_""
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Please call if you have questions or require additional information.
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Yours truly,
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Gail White, M.C.l.P" R.P.P.
Planner II
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SC PLANNING/FORESTRY
705 727 4276
OS/29 '02 14:25 NO.229 02/02
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The Corporalion of the
County of
Simcoe
(705) 726-9301J Fax: (705) 727-4276
BeelrmArea: 729-2294
E-mail: planning@cottnfy.simcoe.on.ca
PLANNING DEPARTMENT
Telephone Ex/ensian 255
AdmlnlslTatian Centre
Midhurst, Ontario LOL lXO
May 29, 2002
Township of Oro-Medonte
P.O. BOJ< 100, Oro, ON
LOL 2XO
Attention: Andria Leigh, Secretary-Treasurer
Dear Ms. Leigh;
RE: Proposed Official Plan and Zoning By-law Amendments
Your File P121101
South Part of Lot 7, Concession 7, former Township of 010
now To'lffiship of Oro-Med9PW
Funher to our Jetter dated February 20, 2002 concerning the above-noted applications, please be
advised that County Plann;ng staff have received and review the Enviromnental Impact Statement
(EIS) ,,,bieb "'-as prepared for tbe subject property and have no objections. The EIS identified and
reviewed tbe features and functions associated with the Cope1and Forest (OM2) Unit as described
in the County's Natural Heritage Study.
In Section 6,'ldentified Environmental Concerns and Mitigation Tecbniques', County staff
support the actions identified in the 'suggcsted rmtigation technique' and recommend tbat these
actions become part of the rehabilitation plan.
Please contact me ifyQU have any further questions.
Yours truly,
~.L.*
Gail White, MCIP,RPP.
ec. Bill Fitzgerald 835-5636 (fax)
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PLANNING ADVISORY COMMITTEE
September 12, 2002
Lloyd Squire
East Half of Lot 7, Concession 7 (Ora)
P-121101
Proposal
The subject property is located in Concession 7, East Half of Lot 7 and is located
on the east side of Lint 7 North between the Old Barrie Road and the Bass Lake
Side Road. The property subject to the Official Plan and Zoning By-law
Amendments is a total of 100 acres in size. The applicant's have applied for an
Official Plan and Zoning By-law Amendment to permit the subject lands to be
used for an aggregate operation; only portions of the property require re-
designation and the entire parcel requires rezoning.
County Official Plan Currently - Greenlands, Rural & Agricultural
Designation with Primary and Secondary gravel
identified on the Schedules to the Official Plan
Township Official Plan Currently - Mineral Aggregate Resources, Rural
and Environmental Protection two Overlay (Significant
Vegetation) Designation
Proposed - Mineral Aggregate Resources
Designation
Township Zonin~ Bv-Iaw
Currently - Mineral Aggregate Resources Two
(MAR2) and Agricultural/Rural (A/RU) Zone
Proposed - Mineral Aggregate Resources One
(MAR1) Zone
Department Head Comments
Roads Superintendent - No Concerns with the amendment, but would this
applicant as part of the Line 7 North road agreement contribute to the haul route
improvements
Fire Chief - No Objections
Clerk - Located on Oro Moraine, wait for strategy or already has permission?
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Chief Building Official - No Objection
Engineering and Environmental Services - Holding Symbol or other means
available to the Township should be use to ensure the applicant contributes their
portion for the upgrades to Line 7 North
Planninq Department Comments (September 14, 2001)
The application is a proposal for a new pit operation on a property owned by
Lloyd Squire. The application before the Committee is a request for an Official
Plan and Zoning By-law Amendment. To date, the applicant has provided an
Natural Environmental Study and Impact Assessment and a complete set of Site
Plan drawings. The applicant is currently completing additional studies in
support of this application. In accordance with the Township, these studies will
be required to be technically reviewed by the Township Consultants prior to a
complete report being presented to this Committee for consideration.
The applicant will also be proceeding at a future date with the required
application under the Aggregate Resources Act.
Recommendation
It is recommended that Development Application P-102/00 a proposed Official
Plan and Zoning By-law Amendment be deferred until the appropriate peer
review comments are received and reviewed; and further that this be brought
back to Planning Advisory Committee for future consideration.
Planninq Department Comments (December 3, 2001)
The applicant has now completed additional studies to support his application
and these are currently being technically reviewed by Township Consultants.
Section D5.3 outlines the conditions under which new mineral aggregate
operations may be permitted. This section indicates that all new operations shall
require an amendment to the implementing Zoning By-law and shall be subject
to the requirements of Section D5.3.1.2 and D5.3.1.3.
Section D5.3.1.2 relates to the assessment of environmental impact. This
section requires the applicant to complete an Environmental Impact Study that
addresses, in accordance with Section G3 - Requirements for an
Environmental Impact Study:
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a)
the effect of the operation of the pit or quarry on:
. the natural features and ecological functions of the area;
. nearby communities;
. agricultural resources;
. the character of the area;
. the groundwater table; and,
. nearby wells used for drinking water purposes;
b) the effect of the increased truck traffic on the environment;
c) the suitability of the proposed haul routes;
d) the effect of the noise, odour, dust and vibration generated by
the proposed use on adjacent land uses; and,
e) how the site will be progressively rehabilitated to accommodate
subsequent land uses after the extraction is completed; and,
f) how the impacts from the proposed pit or quarry will be
mitigated in order to lessen those impacts.
The EIS prepared in accordance with this Section shall demonstrate
that there will be no negative impacts resulting from the development
of a new mineral aggregate extraction use on the significant natural
features that are identified on Schedule '8' to this Plan or the
ecological functions for which the area is identified.
The Township Consultant is currently reviewing this study to ensure that the
study complies with the requirements of Section D5.3.1.2 and Section G3. If
additional details are required the applicant will be advised and requested to
complete this work.
Section D5.3.1.3 . Assessment of added impact requires that an applicant
complete an assessment of the added impact of the proposed pit operation on
the items listed in Section D5.3.1.2 and that also takes into account the impacts
of:
a) existing pit or quarry operations in the general area;
b) future pit or quarry operations on lands in the general area that
are designated for aggregate extraction but not yet licensed
under the Aggregate Resources Act.
In considering the added impact of the new pit operation to existing known
impacts, Council shall ensure that mitigation measures intended to lessen the
added impact are reviewed and applied as required. During the course of this
review, phasing options shall be considered by the applicant as one means to
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minimize the combined impacts of the proposed pit or quarry and existing pits or
quarries on the general area.
The applicants have now completed an impact assessment of an aggregate
operation and this is currently being reviewed. A copy of this is attached for the
Committee's reference. If additional details are required the applicant will be
advised and requested to complete this work.
All studies required by the Official Plan have now been submitted, it is
recommended that a Public Meeting now be scheduled to allow public input to
the application and the related technical work prior to any amendments being
made to the reports.
Recommendation
It is recommended to Council that Development Application P-121/01 a
proposed Official Plan and Zoning By-law Amendment proceed to a Public
Meeting in accordance with the requirements of the Planning Act.
PlanninQ Department Comments (September 12. 2002)
On February 20, 2002 a public meeting was held on both the Official Plan
Amendment and Zoning By-law Amendment which would permit the subject
property to be utilized for aggregate extraction. A copy of the minutes of the
meeting are attached for the Committee's reference.
At that meeting a letter was received from the County of Simcoe requesting that
the application be deferred until their consideration of an Environmental Impact
Study. A copy of this letter is attached for the Committee's review. On May 29,
2002 a revised letter was received from the County indicating that they were
satisfied with the Environmental Impact Study and requested that the Identified
Environmental Concerns and Mitigation Techniques noted in Section 6 become
part of the rehabilitation plan to be considered by the Ministry of Natural
Resources for final approval. The Township agrees that this should be
incorporated into the rehabilitation plan and would require the rehabilitation plan
to be amended to the satisfaction of the Township prior to consideration of the
Zoning By-law Amendment.
On February 20, 2002 comments regarding the Environmental Impact Study
were submitted by the Township's Consultant and these are attached for the
Committee. These comments were forwarded to the applicant and revisions
were provided to the Township on August 15, 2002 to satisfy these items.
On this basis, it is now recommended that the Official Plan Amendment to re-
designate a portion of the property from Rural to Mineral Aggregate Resources
be considered favorably by the Committee and that the appropriate Official Plan
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Amendment be drafted for favorable consideration of Council. The zoning by-
law amendment would not be presented until such time as the Committee
reviews revised plans for the operation and rehabilitation and the Official Plan
Amendment has received approval from the County of Simcoe.
Recommendation
It is recommended that the Official Plan Amendment for Lloyd Squire,
Application P-121/01 be drafted to re-designated lands in Concession 7, East
Half of Lot 7 (Oro) from the Rural designation to the Mineral Aggregate
Resources designation and be presented to Council for favorable consideration.
5
10/02/2002 10:25 7057218926
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AZIMUTH ENVIRONMENT
PAGE 02
~UTH ENVIRONMENTAL
~/~CONSULTING, INC. '
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Environmental Assessments & Approvals
August 19, 2002
AEC 02-001
Township of Ore- Medonte
Box 100
Ore-Medonte, Ontario
LOL 2XO
Attention:
Ms Andria Leigh
Township Planner
Re: Proposed Squire Pit - Review Of J. Dobell & Assoc. and Geological
Investigations Responses To Our Peer Review
Dear Andria:
We have completed our review of the responses from J. Doben & Assoc. and Geological
Investigations and provide the following comments.
J. Dobell & Assoc. (letter of March 28, 2002)
Mr. Dobell has confirmed that aU the species present in the subject woodlot and
surrounding lands are included in the appendices, and that th,e loss of the woodlot and
associated extraction operations will not adversely impact the loca! population of the
species identified. As documented by Mr. Dobell, no provincially significant species will
be affected and in the long tenn restoration with native species will assist in restoring the
lost wildlife habitat.
Considering the aforementioned and existing area affected by the adjacent Lafarge
extraction area, we agree with MT. Dobell's conclusions that the loss of the forest habitat
is not significant. We have no further issues with the Natura! Environmental Study and
Impact Assessment.
Geological Investigations (letter of August 15, 2002)
The letter from Mr. Fitgerald confiTDls that the proposed pit will be constructed in
accordance with an MNR approval that will maintain at least 1.5m of unsaturated
overburden between the pit floor and the water table. They state that the distance is
111 Saund~r" Read, Unit 2, Barrie, Ontario l4M 6E7
telephone: (705) 72:1-6451; fa::&:; (105) 721.8926 info@azimuthenvironmental.t;Om
IB/B2/2QB2 IB:2~ 7B57218925
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AZIMUTH ENVIRONMENT
PAGE B3
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likely to be greater !han !hat given !he .presence of finer grained sediments and !here fore
furilier delineation of !he water table is not required.
The majority of the comme11ts we made previously should be addressed through !he
Aggregate Act approvals required from MNR. As long as the standards required by
MNR are met and the pit excavates above the water table (as is the current plan), il is
unlikely that !here would be significant impacl to the ground water regime. MNR should
ensure that ground water recharge is maintained across !he property. The proposed pit is
located in and adjacent to lands considered as a core area ofthe Oro Moraine. As such,
!he Township should require that the closure plan return !he lands to natural forestation,
and that the closure plan include active re-planting wiili native trees (as opposed to
passive succession).
If you require any further clarification on the aforementioned issues, please call me.
NMENTAL CONSULTING, INe.
MGJ: