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01 27 2010 Council AgendaPage TOWNSHIP OF ORO- MEDONTE COUNCIL MEETING AGENDA .-+- COUNCIL CHAMBERS Township of DATE: WEDNESDAY, JANUARY 27, 2010 Proud Heritage, Exciting Future TIME: 7:00 P.M. 1. OPENING OF MEETING BY THE MAYOR 2. PRAYER/CONTEMPLATION /REFLECTION 3. NOTICE OF ADDITIONS a) Motion for Additions.. 4. ADOPTION OF AGENDA a) Motion for Adoption. 5. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF — IN ACCORDANCE WITH THE ACT" 6. MINUTES OF PREVIOUS MEETINGS OF COUNCIL: a) Minutes of Council meeting held on January 13, 2010. 7. RECOGNITION OF ACHIEVEMENTS: 4 a) Marie Brissette, Successful Completion of Unit 4, Municipal Law Program, Association of Municipalities of Clerks and Treasurers of Ontario. 8. PUBLIC MEETINGS: None. 9. DEPUTATIONS: None. 10. REPORTS OF MUNICIPAL OFFICERS: 5-8 a) Shawn Binns, Director of Recreation and Community Services re: Update from Ad -Hoc Working Group, ATV Ice Fisherman Accessing Lake Simcoe. 9 -12 b) Report No. RC 2010 -01, Shawn Binns, Director of Recreation and Community Services, re: Recreation and Community Service Fees and Charges Review. c) Shawn Binns, Director of Recreation and Community Services re: Administration Centre Identification. [Addenda] Page 1 of 46 Council Meeting Agenda -January 27, 2010 Page 11. REPORTS OF MEMBERS OF COUNCIL: a) Mayor H.S. Hughes, re: Georgian Valley Advisory Committee. 17. IN- CAMERA ITEMS: a) Motion to go In- Camera b) Motion to Rise and Report c) Andria Leigh, Director of Development Services, re: Legal Matter (Horseshoe Valley Paintball). d) Doug Irwin, Director of Corporate Services /Clerk, re: Property Matter (Markov and Heatherington, Plan 606 and Plan 798). [Addenda] Page 2 of 46 12. REPORTS OF COMMITTEES: a) Minutes of Committee of the Whole meeting held on January 20, 2010. 13 -24 b) Minutes of Committee of Adjustment meeting held on January 21, 2010. 13. CONSENT AGENDA: 25 -27 a) Correspondence dated January 13, 2010 from Township of Clearview re: Support of Resolution, Minutes of NVCA Meeting held on October 9, 2009. Staff Recommendation: Receipt. 28 -32 b) Minutes of Nottawasaga Valley Conservation Authority meeting held on December 11, 2009. Staff Recommendation: Receipt. 14. COMMUNICATIONS: 33 -37 a) Correspondence dated January 15, 2010 from Walter Benotto, Chair, Nottawasaga Valley Conservation Authority, re: Conservation Authorities. 38 b) Correspondence received January 20, 2010 from Georgeina Pierce, Windrift Kennel re: Request for Exemption of By -Law No. 2008 -030 "Animal Control By- Law ". 39 -40 c) Correspondence dated January 14, 2010 from John Johnson, Johnson Construction Ltd.; and January 19, 2010 from Douglas Downey, Lewis Downey Tornosky Lassaline & Timpano, re: Prices Corner /Turtle River Subdivision Street Renaming and Parkland Dedication Requests. 15. NOTICE OF MOTIONS: None. 16. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN: None. 17. IN- CAMERA ITEMS: a) Motion to go In- Camera b) Motion to Rise and Report c) Andria Leigh, Director of Development Services, re: Legal Matter (Horseshoe Valley Paintball). d) Doug Irwin, Director of Corporate Services /Clerk, re: Property Matter (Markov and Heatherington, Plan 606 and Plan 798). [Addenda] Page 2 of 46 Page Council Meeting Agenda - January 27, 2010 18. BY -LAWS 41 -45 a) By -Law No. 2010 -018 Being a By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Ukrainian National Federation of Canada — Toronto Branch and to Repeal By -Law No. 1999 - 106. 19. CONFIRMATION BY -LAW 46 a) By -Law No. 2010 -017 Being a By -Law to Confirm the Proceedings of the Council Meeting Held on Wednesday, January 27, 2010. 20. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM 21. ANNOUNCEMENTS 22. ADJOURNMENT a) Motion for Adjournment. Page 3 of 46 N cn CD 0 rn D CD Q a� CD 3 it 0) v CD' co M. CD CD CD c n N Ell 0 O 3 CD O O -+1 C c 0 Agenda Item # 10a) - Shawn Binns, Director of Recreation and Community Services r... Page 5 of 46 Agenda Item # 10a) - Shawn Binns, Director of Recreation and Community Services r... Page 6 of 46 :i N Dim f - MOM R-M ift 1"`- MEM-_ OWN- £ifiisi - � S - - Page 6 of 46 Agenda Item # 10a) - Shawn Binns, Director of Recreation and Community Services r... Page 7 of 46 Agenda Item # 10a) - Shawn Binns, Director of Recreation and Community Services r... 0 U) s� � d NEU w � -� UMEt9 EQUTM \ \UNN. aOUTX 4 L"M,a l q� JR i 1 UNETSOM C LEIEE80UTH �� � J UNE d WM 1 NliSWiH i +� } UNE380UM x � Page 8 of 46 Agenda Item # 10b) - Report No. RC 2010 -01, Shawn Binns, Director of Recreation a... Township of REPORT Proud Heritage, Exciting Future Report No. RC2010 -01 To: Council Prepared By: Shawn Binns Meeting Date: January 27, 2010 Subject: Recreation and Community Services Fees and Charges Review Motion # Roll #: R.M.S. File #: RECOMMENDATION(S): Requires Action X❑ For Information Only It is recommended that: 1. Report RC2010 -01 be received and adopted 2. That staff consult with the Recreation Technical Support Group and the Oro - Medonte Minor Sports Association regarding the proposed ice rental rates and report back to Council by the end of the first quarter 2010 3. That the fees outlined in Table 3 of report RC2010 -01 be approved and implemented effective July 1, 2010 4. That the clerk bring forward the appropriate By -Law for Council's consideration BACKGROUND: An annual review of the Township's By -Law to provide for the imposition of fees and charges has been completed for the Recreation and Community Services Department. The process currently used for setting facility rental rates is first to determine the facility operating expenses, and then review rates of other comparable municipalities. The comparator rates are then reviewed along with facility operating costs and rates are then established which are reasonable and sustainable. With the implementation of the Harmonized Sales Tax on July 1, 2010 the Township will be required to charge an additional 8% tax to facility rentals and Township Recreation and Community Service Programs which are currently only inclusive of GST. The 2010 Budget approved by Council includes a 5% increase in ice rental rates for Minor Sports Groups and Non -Prime Time ice rentals in addition to the required HST adjustments. Recreation and Community Services January 27, 2010 Report No. RC2010 -01 Page 1 of 4 Page 9 of 46 Agenda Item # 10b) - Report No. RC 2010 -01, Shawn Binns, Director of Recreation a... ANALYSIS: Recreation and Community Services Facilities ICE RENTALS RATES Springwater Review of Arena Revenues and Expenses Barrie 2010 budget (includes 5% increase for Minor and Non -Prime Time 2010 -2011 season) Revenues as per Operating Budget $270,700 Subsidy -Minor Hockey (based on 2009) $ 49,400 Subsidy Oro - Medonte Skating Club (based on 2009) $ 4,900 Subsidy (Schools and Senior and pre - school skates) $ 7,700 Other revenues (Vending, Advertising, Concession) $ 8,000 Hall and Floor Rental $ 5,500 Total $346,200 Operating Costs $349019 Capital- Estimated average Annual Allocation $ 90,000 Total $439,019 Operating Deficit $92,819 A review of ice rental rates of other comparable municipalities was conducted to determine market comparators (Table 1): Table 1: Comparator Ice Rental Rates 2009 Recommended adjustments includinq the HST: (Table 2) Current Springwater ESSA Barrie Orillla Midland Severn Average ICE FEES 2009 $ $ $109 13 $ $ $ $ Prime time 175.00 Resident,187 Non Resident 209 218.00 158.00 139 130.00 174.00 Non prime 175.00 120.00 218.00 113.00 95.00 100.00 137.00 Minor Sports 130.00 138.00 182.00 133.00 116.00 97.00 133.00 Table 1: Comparator Ice Rental Rates 2009 Recommended adjustments includinq the HST: (Table 2) Current 2010 -2011 Season ( %) 2011 -2012 Season ( %) Adult Prime $130 $148 13 $163 10 Adult Non Prime $77 $88 13 $101 15 Minor $95 $109 13 $120 10 Table 2: Recommended Ice Rental Fee Adjustments The impact on the minor sports organizations including the additional 8% sales tax would be as follows: Avg. Hours 2010 -2011 Oro Minor Hockey 1,445 $20,230 Oro - Medonte Skating Club 140 $ 1,960 2011 -2012 $15,895 $1,540 Recreation and Community Services January 27, 2010 Report No. RC2010 -01 Page 2 of 4 Page 10 of 46 Agenda Item # 10b) - Report No. RC 2010 -01, Shawn Binns, Director of Recreation a... Estimated revenue projections with implementation of proposed ice rental fees and charges: The following recommendations for adjustments to fees and charges are being recommended (Table 3) for Council's consideration. Facility 2010 2011 2012 (Jan - April) Prime Time 2,268 6,865 4,720 Non Prime 1,200 6,280 3,923 Minor Sports 4,500 12,594 8,440 Total 7,968 25,739 17,083 The following recommendations for adjustments to fees and charges are being recommended (Table 3) for Council's consideration. Facility Current Rate Proposed Rate July 1,10 Increase ( %) Old Town Hall $25/h $107 Day $27/h $116 day 8 8 Ian Beard Room $14/h $15 /h 8 Ball Diamonds Minor sports lights $22/h $25/h 15 Minor no lights $9 /h $11/h 20 Adult lights $26/h $30 /h 15 Adult no lights $13/h $15/h 15 Pavillion Large All Day $52 $60 15 Pavillion Small All Day $39 $46 18 Arena Floor Ice Out Adult $49/h $53/h 8 Minor Sports $38/h $41 8 All Day Event $545 $589 8 All Day with Socan $605 $653 8 Banquet Hall Adult $28 /h $31/h 10 Minor $28/h $31/h 10 Tournament $164 /day $177 /day 8 Party /Reception $290 $313 8 cable 3: Recommendations for Recreation and Community Services facility fee adjustments Recreation and Community Services Report No. RC2010 -01 January 27, 2010 Page 3 of 4 Page 11 of 46 Agenda Item # 10b) - Report No. RC 2010 -01, Shawn Binns, Director of Recreation a... RECREATION AND COMMUNITY SERVICES REGISTERED PROGRAMS AND CAMPS Recreation and Community Service registered programs and camps are operated on a direct cost recovery basis and the associated user fees which are not HST exempt will require amendments to fees to reflect the additional tax as a result of the HST. FINANCIAL: analysis POLICIES /LEGISLATION: • By -Law 2009 -56 CONSULTATIONS: • Director of Finance • Oro - Medonte Minor Sports Association CONCLUSION: The proposed fees and charges are reflective of market comparators and will assist in the recovery of facility expenses in the 2010 and 2011 budgets. Respectfully submitted, Shawn Binns Director, Recreation and Community Services SMT Approval / Comments: C.A.O. Approval / Comments: Recreation and Community Services January 27, 2010 Report No. RC2010 -01 Page 4 of 4 Page 12 of 46 Agenda Item # 12b) - Minutes of Committee of Adjustment meeting held on January 2... THE TOWNSHIP OF ORO- MEDONTE - COMMITTEE OF ADJUSTMENT Township of MEETING MINUTES Proud Heritage, Exciting Future Council Chambers Thursday, January 21, 2010 9:37 a.m. Present: Michelle Lynch, Chair Lynda Aiken, Bruce Chappell, Garry Potter Staff Present: Steven Farquharson, Intermediate Planner /Secretary Treasurer, Meghan Keelan, Planner, Marie Brissette, Committee Coordinator /Deputy Secretary Treasurer 1. OPENING OF THE MEETING BY THE CHAIR Michelle Lynch assumed the Chair and called the meeting to order. 2. ADOPTION OF AGENDA a) Motion to adopt agenda. Motion No. CA100121 -01 Moved by Chappell, Seconded by Aiken It is recommended that the agenda for the Committee of Adjustment meeting of January 21, 2010 be received and adopted as amended to add under 6. New Business: d) Appointment of 2010 Chair. e) Appointment of 2010 Co- Chair. Carried. 3. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF — IN ACCORDANCE WITH THE ACT" None declared. Page 13 of 46 Agenda Item # 12b) - Minutes of Committee of Adjustment meeting held on January 2... Committee of Adjustment Minutes - Thursday, January 21, 2010 4. ADOPTION OF MINUTES a) Minutes of the November 19, 2009 meeting. Motion No. CA100121 -02 Moved by Aiken, Seconded by Chappell It is recommended that the minutes of the Committee of Adjustment meeting held on November 19, 2009 be adopted as printed and circulated with the amendment under 7. Next Meeting Date, the time noted as 9:00 a.m. to be amended to 9:30 a.m. Carried. Page 14 of 46 Agenda Item # 12b) - Minutes of Committee of Adjustment meeting held on January 2... Committee of Adjustment Minutes - Thursday, January 21, 2010 5. PUBLIC MEETINGS: a) 2010 -A -03 - Christopher Taylor and Carol Rose 247 Lakeshore Road West, Lot 6, Plan 807 and Part 2, 51 R28525, Lot 6 (Former Township of Oro) Proposal: To construct a single storey accessory building (not a detached private garage). Christopher Taylor, Applicant, was present. Correspondence dated January 19, 2010 and January 20, 2010 from Domenic and Lauren Natale was distributed to the Committee. Motion No. CA100121 -03 Moved by Potter, Seconded by Chappell It is recommended that the Committee of Adjustment approves application 2010 -A -03 - Christopher Taylor and Carol Rose, 247 Lakeshore Road West, Lot 6, Plan 807 and Part 2, 51 R28525, Lot 6 (Former Township of Oro), being to for the construction of a single storey accessory building, not a detached private garage with an area of approximately 12.2 sq. m. (132 sq. ft) in front of the existing dwelling, subject to the following conditions: 1. That the setbacks be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee. 2. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 3. That the applicant obtain any permits and /or approvals from Lake Simcoe Region Conservation Authority, if applicable. 4. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey /real property report that the proposed accessory structure be located no closer than 2.9 metres from the front lot line. Carried. Page 15 of 46 Agenda Item # 12b) - Minutes of Committee of Adjustment meeting held on January 2... "` Committee of Adjustment Minutes - Thursday, January 21, 2010 b) 2009 -A -28 - Terry and Denise Coram 41 Blueberry Marsh Road, Concession 2, Part of Lot 65, RP 51 R -19869 (Former Township of Medonte) Proposal: To construct a detached accessory building (two car garage). Terry Coram, Applicant, was present. Motion No. CAI 00121-04 Moved by Potter, Seconded by Aiken It is recommended that the Committee of Adjustment approves application 2009 -A -28 - Terry and Denise Coram, 41 Blueberry Marsh Road, Concession 2, Part of Lot 65, RP 51 R -19869 (Former Township of Medonte), being to for the construction of a detached accessory building (2 car garage), to have an area of 125 square metres, subject to the following conditions: 1. That notwithstanding Section 5.1.6 of Zoning By -law 97 -95, the structure shall otherwise comply with all other provisions for detached accessory buildings, as required under Section 5 of the Zoning By -law. 2. That the floor area of the detached garage not exceed approximately 125 square metres. 3. That the setbacks be in conformity with the dimensions as set out in the application and on the sketch submitted with the application and approved by the Committee. 4. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by verifying in writing that the floor area of the detached accessory structure not exceed approximately125 square metres. 5. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 16 of 46 Agenda Item # 12b) - Minutes of Committee of Adjustment meeting held on January 2... Im Committee of Adjustment Minutes - Thursday, January 21, 2010 c) 2009 -A -29 - Horseshoe Valley Resort/Clinton Smout 3101 Line 3 North, Concession 3 & 4, Part of Lots 1 & 2, pt of BI 14 Plan M720 (Former Township of Oro) Proposal: To construct a detached accessory building (storage). No one was present on behalf of the application. Motion No. CA100121 -05 Moved by Chappell, Seconded by Potter It is recommended that the Committee of Adjustment defers application 2009 - A-29 until the applicant provides to the Committee of Adjustment: 1. A copy of a suitable agreement with the owners of the property. 2. The appropriate building drawings to be designed and engineered. Carried. Page 17 of 46 Agenda Item # 12b) - Minutes of Committee of Adjustment meeting held on January 2... D Committee of Adjustment Minutes - Thursday, January 21, 2010 d) 2010 -A -01 - Martin and Eileen Carl 7 Melissa Crescent, Plan M71, Lot 7 (Former Township of Oro) Proposal: To construct a single storey addition onto the front of an existing dwelling. Martin Carl, Applicant, was present. Motion No. CA100121 -06 Moved by Aiken, Seconded by Chappell It is recommended that the Committee of Adjustment approves application 2010 -A -01 - Martin and Eileen Carl, 7 Melissa Crescent, Plan M71, Lot 7 (Former Township of Oro), being to an application to reduce the side yard setback from 2.5m to 2.1 m and the front yard setback from 7.5m to 4.4.m for an addition onto an existing dwelling, subject to the following conditions: 1. That the setbacks be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee. 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey /real property report that the proposed addition be located no closer than approximately 4.4 metres from the front lot line and approximately 2.1 metres from the interior side lot line. 3. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 18 of 46 Agenda Item # 12b) - Minutes of Committee of Adjustment meeting held on January 2... M'i Committee of Adjustment Minutes - Thursday, January 21, 2010 e) 2010 -A -02 - Nancy Rouse 1109 Woodland Drive, Plan 993, Lot 22 (Former Township of Orillia) Proposal: To construct an addition to the existing dwelling onto the front of an existing dwelling. No one was present on behalf of the application. Motion No. CA100121 -07 Moved by Chappell, Seconded by Aiken It is recommended that the Committee of Adjustment defers Variance Application 2010 -A -02, being an application to reduce the front yard setback from 7.5m to 5.5.m for an addition onto an existing dwelling, until the proper Notice of Hearing requirements under the Planning Act are fulfilled. Carried. Page 19 of 46 Agenda Item # 12b) - Minutes of Committee of Adjustment meeting held on January 2... Committee of Adjustment Minutes - Thursday, January 21, 2010 f) 2009 -B -37 - Howard and Barbara Rogers 8 Simcoe Avenue, Lots 71 -75, Plan 709 (Former Township of Oro) Proposal: To permit a boundary adjustment. Doug Hill, Solicitor for the Applicant, was present. Andy Tereshyn provided clarification in regards to the two existing dwellings on one property. Motion No. CA100121 -08 Moved by Potter, Seconded by Aiken It is recommended that the Committee of Adjustment grants provisional approval to application 2009 -B -37 - Howard and Barbara Rogers, 8 Simcoe Avenue, Lots 71 -75, Plan 709 (Former Township of Oro), being to permit a boundary adjustment. The boundary adjustment will cause Lot 73 to be added to the existing lands (Lot 74 & 75) to the north resulting in a lot having approximately a frontage of approximately 45 metres on Simcoe Ave and a lot area of approximately 1,769sq.m (0.17ha). The proposed retained lot (Lot 71 & 72) would contain approximately 30.48 metres of frontage on Simcoe Ave and a lot area of approximately 1,179.8sq.m (0.11 ha), subject to the following conditions: 1. That three copies of a Reference Plan for the subject land indicating the severed parcel with an area of approximately 589.9sq.m and frontage of approximately 15.2m be prepared by an Ontario Land Surveyor be submitted to the Secretary- Treasurer. 2. That the severed lands (Lot 73) be merged in title with Lots 74 & 75, Plan 709, former Township of Oro(4346- 010- 008 -17100 & 4346 -010- 008 -170 PIN 5857- 0130)and that the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the subject lands. 3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality. 4. That the applicants solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title. 5. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. Page 20 of 46 Agenda Item # 12b) - Minutes of Committee of Adjustment meeting held on January 2... Committee of Adjustment Minutes -Thursday, January 21, 2010 g) 2008 -B -49 - Federico Rossi and Silva Rossi 5395 Line 8 North, Part of Lot 14, Concession 9 (Former Township of Medonte) Purpose: Creation of a new residential lot. Federico, Silva and Marko Rossi, Applicants, were present. Motion No. CA100121 -09 Moved by Potter, Seconded by Aiken It is recommended that the Committee of Adjustment grants provisional approval to application 2008 -B -49 - Federico Rossi and Silva Rossi, 5395 Line 8 North, Part of Lot 14, Concession 9 (Former Township of Medonte), being to permit the creation of a new residential lot by way of severance. The land to be severed is proposed to have a depth of approximately 76.2 metres, frontage along Line 8 North of approximately 54.8 metres, and a lot area of approximately 0.41 hectares. The land to be retained is proposed to have a lot area of approximately 36.6 hectares, subject to the following conditions: 1. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer. 2. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality. 3. That the applicant pay $2,000.00 for each lot created as cash -in -lieu of a parkland contribution. 4. That the applicant apply to the Township to have a holding provision placed on the retained lands, in order to satisfy the recommendations of the EIS (Dillon Consulting, September 2009) submitted and approved by the Nottawasaga Valley Conservation Authority. 5. That all municipal taxes be paid to the Township of Oro - Medonte. 6. That the applicants verify the sewage system meets the minimum required setbacks as per Part 8 of the Ontario Building Code. 7. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. Page 21 of 46 Agenda Item # 12b) - Minutes of Committee of Adjustment meeting held on January 2... Committee of Adjustment Minutes - Thursday, January 21, 2010 h) 2010 -B -01 - Jean Bylow c/o Connie Andersen 9733 Highway 12, Part Lot 5, Concession 14, (Former Township of Medonte) Purpose: Severance of lands from the portion of the property which is draft approved for a residential subdivision. Joshua Morgan, Agent for the Applicants, was present. Motion No. CAI 00121 -10 Moved by Aiken, Seconded by Potter It is recommended that the Committee of Adjustment grants provisional approval to application 2010 -13-01 - Jean Bylow c/o Connie Andersen, 9733 Highway 12, Part Lot 5, Concession 14, (Former Township of Medonte), being to permit the severance of lands from the portion of the property which is draft approved for a residential subdivision (2008- SUB -01). The lands to be severed have an area of approximately 0.27 hectares, and frontage along Highway 12 of approximately 56 metres. The retained lands are proposed for the future development of 22 residential lots, which has a total lot area of approximately 5.54 hectares, subject to the following conditions: 1. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer. 2. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality. 3. That the applicant pay $2,000.00 for the lot created as cash -in -lieu of a parkland contribution. 4. That all municipal taxes be paid to the Township of Oro - Medonte. 5. That By -law 2010 -006 be passed and becomes full force and effect. 6. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. Page 22 of 46 Agenda Item # 12b) - Minutes of Committee of Adjustment meeting held on January 2... C Committee of Adjustment Minutes - Thursday, January 21, 2010 6. NEW BUSINESS: a) 2004 -B -44 - Elizabeth and David Woronka 628 Ridge Road East, Lot 24, Concession 9 (Former Township Of Oro) Kathryn Whitehead, Agent for the Applicants, was present. Motion No. CA100121 -11 Moved by Chappell, Seconded by Aiken It is recommended that the Committee of Adjustment adds the following condition: 1. That the applicants to prepare and submit for review by the municipality an easement for a mutual driveway from Ridge Road West (County Road 20) to access Part 1 and Part 2 of Plan 51 R- 26601, which is to be registered in title on for both the severed and retained lands. Carried. b) 2008 -B -22 - Ian Johnstone 274 Line 11 South, Part of Lot 22, Concession 10 (Former Township of Oro) Motion No. CA100121 -12 Moved by Potter, Seconded by Chappell It is recommended that the Committee of Adjustment revises condition 3 to state: 1. That the existing lot at the north west corner be merged in title with 265 Line 9 South, Concession 10 West Part of Lot 22, (Former Twp. Of Oro) and that the provisions of Subsection 3 or 5 of the Planning Act apply to any subsequent conveyance or transaction involving the subject lands including the undertaking from the applicants solicitor to this effect. Carried. c) Ontario Municipal Board Appointment of Hearing, dated December 21, 2009, re: 2009 -B -35 (Barry, Susan and Alice Cockburn). The Secretary Treasurer advised the Committee that the Township had received further correspondence advising that the Appeal had been deferred. Motion No. CA100121 -13 Moved by Potter, Seconded by Chappell It is recommended that the correspondence dated December 21, 2009, Ontario Municipal Board Appointment of Hearing, re: 2009 -B -35 (Barry, Susan and Alice Cockburn) be received. Carried. Page 23 of 46 Agenda Item # 12b) - Minutes of Committee of Adjustment meeting held on January 2... Committee of Adjustment Minutes - Thursday, January 21, 2010 d) Appointment of 2010 Chair. Motion No. CA100121 -14 Moved by Potter, Seconded by Aiken It is recommended that Bruce Chappell be appointed as Chair of the Committee of Adjustment for the remaining meetings within the Committee's Appointed Term in 2010. Carried. e) Appointment of 2010 Co- Chair. Motion No. CA100121 -15 Moved by Potter, Seconded by Aiken It is recommended that Michelle Lynch be appointed as Co -Chair of the Committee of Adjustment for the remaining meetings within the Committee's Appointed Term in 2010. Carried. 7. NEXT MEETING DATE Thursday, March 18, 2010 at 9:30 a.m. 8. ADJOURNMENT a) Motion to adjourn. Motion No. CA100121 -16 Moved by Chappell, Seconded by Aiken It is recommended that we do now adjourn at 12:27 p.m. Carried. Steven Farquharson, Secretary Treasurer Michelle Lynch, Chair Page 24 of 46 Agenda Item # 13a) - Correspondence dated January 13, 2010 from Township of Clear... General Administration 217 Gideon Street P.O. Box 200 Stayner, Ontario LOM ISO January 13, 2010 www.clearview.ca Mr. Wayne Wilson, CAO Nottawasaga Valley Conservation Authority 8195 8`h Line Utopia, Ontario LOM I TO Dear Sir Re: Resolution from the Township of Oro - Medonte Administration (705) 428 -6230 Fax (705) 428 -0288 Email administration @clearview.ca r JAIL 1 1010 0R0- ,ME0(),_l E TOwNsr it The Township of Clearview were circulated a resolution from the Township of Oro - Medonte with reference to the Nottawasaga Valley Conservation Authority. A photo copy of material received is herewith attached for your information. The material was discussed by Clearview Township Council at their meeting on January 11 `h, 2010 and the following resolution was passed. Moved by Deputy -Mayor Savage Seconded by Councillor Brown Resolved that Clear-view Township Council support the resolution from the Township of Oro - Medonte, dated December 9`h, 2009. Motion Carried. Ken Ferguson, Mayor. C.C. Doug Irwin, Clerk 1/ Yours very truly ROBERT CAMP LL, CLERK TOWNSHIP OF CLEARVIEW Page 25 of 46 Agenda Item # 13a) - Correspondence dated January 13, 2010 from Township of Clear... December 10, 2009 Wayne Wilson, CAO /Secretary Treasurer Nottawasaga Valley Conservation Authority 8195 8th Line Utopia, ON LOM 1TO Proud Heritage, Exciting Future Re: Minutes of Nottawasaga Conservation Authority meeting held on October 9, 2009 Dear Mr. Wilson, At its regular Council meeting of December 9, 2009 Council of the Township of Oro- Medonte received the minutes of the Nottawasaga Valley Conservation Authority meeting of October 9th 2009 and the following motion was carried through a recorded vote: "Be it resolved that: Whereas the Nottawasaga Valley Conservation Authority (NVCA) communications and meeting minutes up to and including October 9, 2009, state "Oro- Medonte Request to Reduce CA Jurisdiction "; And Whereas public agencies, such as municipalities and conservation authorities, strive to ensure transparency and avoid the use of potentially misleading statements; Now Therefore the Township of Oro - Medonte formally requests the NVCA avoid abbreviating the Mediation Resolution of April 8, 2009, and ensures that all public documentation and meeting minutes clearly reflects the Mediation Resolution statement which reads: "Nottawasaga Valley Conservation Authority representatives hereby request that The Corporation of the Township of Oro - Medonte put a resolution before the Board of the Nottawasaga Valley Conservation Authority to alter the "Oro- Medonte" boundaries back to their "original watershed basis "... ". And That all NVCA munic fSalitles ba regU0stedjit 'support Oro- Medonte's request for clear and accurate identificatidn.of the Mediation R6solutiori between NVCA and Oro - Medonte, in all .public docuiiientstion and m e#irag rinrnutes-of the NVCA" 148 Line 7 South, Box 100 P: (705) 487 -2171 v;Nf .oro- inedontexa Oro, Ontario LOL 2X0 F: (705) 487 -0133 Page 26 of 46 Agenda Item # 13a) - Correspondence dated January 13, 2010 from Township of Clear... A recorded vote was requested by Councillor Crawford. Nay — Councillor Agnew Yea — Councillor Allison Yea — Councillor Coutanche Yea — Councillor Crawford Yea — Councillor Evans Yea — Deputy Mayor Hough Yea — Mayor Hughes Should you require further information, please contact the undersigned. Yours truly, oug Clerk /B cc: Nottawasaga Valley Conservation Authority Watershed Municipalities Mayor and Members of Council Robin Dun, CAO Andria Leigh, Director of Development Services Page 27 of 46 Agenda Item # 13b) - Minutes of Nottawasaga Valley Conservation Authority meeting... NOTTAWASAGA VALLEY CONSERVATION AUTHORITY }.y BOARD OF DIRECTORS MEETING 11109 Friday December 11109 DRAFT MINUTES Location:Tiffin Centre for Conservation — John L. Jose Environmental Learning Centre PRESENT: Chair: Walter Benotto Town of Shelburne Vice Chair: Joan Sutherland Town of New Tecumseth MEMBERS: Rick Archdekin Town of Wasa a Beach Mary Brett Township of Ad'ala- Tosorontio Orville Brown Township of Clearview Chris Carrier Town of Collin wood Reg Cowan Township of Springwater Tom Elliott Township of S rin water Ron Henderson Township of Essa left at 9:54 a.m. Ralph Hough Township of Oro - Medonte Harry Hughes Township of Oro - Medonte Gord Montgomery Town of Mulmur Brian Mullin Municipality of the Grey Highlands Fred Nix Town of Mono Cal Patterson Town of Wasa a Beach arrived 9:20 a.m. Gerald Poisson City of Barrie Bill Van Berkel Town of Innisfil Barry Ward City of Barrie REGRETS: Terry Dowdall Township of Essa Sonny Foley Town of Collin wood Garry Matthews Township of Melancthon John McKean Town of the Blue Mountains Rick Milne Town of New Tecumseth Ron Simpson Town of Bradford West Gwillimbury Robert Walker Township of Clearview Percy Way Township of Amaranth STAFF PRESENT: CAO /Secretary- Treasurer Manager of Administration and Human Resources Communications /Public Relations Assistant Director of Land Operations & Stewardship Services Manager of Stewardship Services Director of Engineering and Technical Services RECORDER: Laurie Barron, Executive Assistant Wayne Wilson Susan Richards Kim Garraway Byron Wesson Fred Dobbs Glenn Switzer Page 28 of 46 Agenda Item # 13b) - Minutes of Nottawasaga Valley Conservation Authority meeting... BOARD OF DIRECTORS DRAFT MINUTES MEETING NO. 11109 11 DECEMBER, 2009 Page 2 of 5 1. CALL TO ORDER Chair Benotto called the meeting to order at 9:00 a.m. 2. MOTION TO ADOPT AGENDA Amendment: Move in- camera (item 7) to end of meeting. RES #1 MOVED BY: Reg Cowan SECONDED BY: Bill VanBerkel RESOLVED THAT: The Agenda for Board of Directors Meeting #11/09 dated 11 December 2009, be adopted as amended. Carried; 3. PECUNIARY INTEREST DECLARATION None noted. 4. MINUTES 4.1 Minutes of the Board of Directors Meeting 10/09, dated 27 November, 2009. Amendment to list of attendees, Add - Harry Hughes (in attendance) Remove - Mel Countanche and Chris Carrier (not present). RES #2 MOVED BY: Reg Cowan SECONDED BY: Bill Van Berkel RESOLVED THAT: The Minutes of the Board of Directors Meeting 10/09 dated 27 November, 2009 be approved. Carried; 4.2 Draft Minutes of the Executive Committee Meeting 14/09, dated 27 November, 2009. RES#3 MOVED BY: Bill Van Berkel SECONDED BY: Reg Cowan RESOLVED THAT: The Draft Minutes of the Executive Committee Meeting 14/09 dated 27 November, 2009 be received. Carried. BUSINESS ARISING FROM MINUTES Mary Brett asked for clarification on the Draft NVCA Budget regarding the 3% levy increase. Wayne Wilson, CAO /Secretary - Treasurer advised that the 3% increase target related to municipal general levy and in fact the total NVCA budget for 2010 is less than the 2009 amount. 6. REPORT OF THE MANAGER OF ADMINISTRATION AND HUMAN RESOURCES AND THE COMMUNICATION /PR ASSISTANT 6.1 Communications Report for the month of November, 2009 Deferred to January, 2010 subject to review by NVCA Executive 7. IN- CAMERA SESSION MOVED TO THE END OF THE MEETING. Page 29 of 46 Agenda Item # 13b) - Minutes of Nottawasaga Valley Conservation Authority meeting... BOARD OF DIRECTORS DRAFT MINUTES MEETING NO. 11109 11 DECEMBER, 2009 Page 3 of 5 8. REPORT OF THE CAO /SECRETARY- TREASURER AND THE DIRECTOR OF PLANNING 8.1 Draft Policies and Procedures for Conservation Authority Plan Review and Permitting Activities (CALL) Staff were requested to provide a list of CALC development industry review committee members. A link to the EBR posting will be placed on the NVCA web site. RES#4 MOVED BY: Rick Archdekin SECONDED BY: Bill Van Berkel RESOLVED THAT: The Board of Directors endorses the overall direction of the "MNR Policies and Procedures for Conservation Authority Plan Review and Permitting Activities Report", dated October 21, 2009 as it provides clarity around the Conservation Authority role and responsibilities, consistent with the current CA mandated roles and responsibilities; and, FURTHERMORE: The Board supports staffs recommendation for report clarification as follows: • A glossary of terms should be included to aid users of the document. • Section 4.8: Clarification should be provided regarding the "principle of development' and Planning Act approval processes • Section 8.3.4: The request for an administrative review of a complete permit application by the CAO or Board of Directors should be in writing. Carried; 9. NEW BUSINESS Copies of the following resolutions were provided to Oro - Medonte representative Harry Hughes at his request. • Resolution #9, item 10.1 re: Oro - Medonte Appeal Update Board of Directors Minutes Meeting No: 05 -09 • Resolution #14, item 12.1 re: Oro- Medonte Mediation Resolution Board of Directors Minutes Meeting No: 04 -09 Essa Township representative Ron Henderson was asked by Chair Benotto to leave the meeting (9:54 a.m.) due to the upcoming matters in the in- camera session. Mr. Henderson respectfully complied with the request. IN- CAMERA SESSION RES #5 MOVED BY: Bill Van Berkel SECONDED BY: Reg Cowan RESOLVED THAT: This meeting of the Board of Directors No. 11 -09 go "In- Camera" at 9:55 a.m. to address matters pertaining to: • personal matters about an identifiable individual, including Authority staff; and • litigation or potential litigation, including matters before administrative tribunals, affecting the Authority; and, THAT: The following staff be in attendance: Wayne R. Wilson, B.Sc., Chief Administrative Officer /Secretary- Treasurer, Susan Richards, Manager of Administration and Human Resources, Byron Wesson, Director of Land Operations and Stewardship Services, Glenn Switzer, Director of Engineering and Laurie Barron, Executive Assistant/Recorder. Carried; Page 30 of 46 Agenda Item # 13b) - Minutes of Nottawasaga Valley Conservation Authority meeting... BOARD OF DIRECTORS DRAFT MINUTES MEETING NO. 11109 11 DECEMBER, 2009 Page 4 of 5 OUT OF IN- CAMERA RES #6 MOVED BY: Rick Archdekin SECONDED BY: Gord Montgomery RESOLVED THAT: This meeting of the Board of Directors No. 11-09 come out of "In- Camera" at 10.15 a. m., and report. Carried; RES #7 MOVED BY: Brian Mullin SECONDED BY: Orville Brown BE IT RESOLVED: That the Board of Directors endorses staff's recommendations contained in the In- Camera report of the Manager of Administration and Human Resources dated December 11/09. Carried; RES #8 — Motion held pending negotiations and direction of the Board of Directors. 10. CORRESPONDENCE (a) Letter of thanks to Shannon Stephens, Healthy Waters Program Coordinator dated Nov 16/09 re: Source Protection Program and the NVCA. (b) Oak Ridges Moraine Foundation dated Nov 23/09 re: role of the Foundation and key focus for the coming year. (c) Media release from Conservation Ontario dated Nov 27/09 re: Conservation Authorities Support Report on Climate Change. (d) Article from Green Economics re: Natural Credit Fact Sheet - Estimating the Value of Natural Capital in the Credit River Watershed. (e) NVCA 2010 Draft Budget Letter sent to member municipalities dated Dec 2/09. (f) Ministry of Natural Resources Minister Donna Cansfield letter to the Director of Blue Mountain Watershed Trust dated Oct 13/09 re: CALC— Conservation Authorities Act and the Planning Act. (g) The Township of Oro - Medonte letter to Mayor David Guergis, Township of Essa dated Nov 24/09 re: Resolution C222 -2009, Request for independent review of the NVCA. (h) Trees Ontario dated Nov 30/09 re: Funding forecast for planting commitments - Spring 2010 planting season. On table correspondence provided at the meeting (i) Municipal World article on Climate Change — Severe Weather - #1 Risk to Ontario Municipalities. RES#9 MOVED BY: Chris Carrier SECONDED BY: Rick Archdekin RESOLVED THAT: Correspondence not specifically dealt with be placed on file. Carried; Page 31 of 46 Agenda Item # 13b) - Minutes of Nottawasaga Valley Conservation Authority meeting... BOARD OF DIRECTORS DRAFT MINUTES MEETING NO. 11/09 11 DECEMBER, 2009 Page 5 of 5 ADJOURN RES #10 MOVED BY: Chris Carrier SECONDED BY: Rick Archdekin RESOLVED THAT: This meeting adjourn at 10:35 a.m. to meet again at the call of the Chair. Carried; FUTURE MEETINGS EXECUTIVE COMMITTEE — December 18/09 BOARD OF DIRECTORS ANNUAL GENERAL MEETING — January 8/10 Walter Benotto, N.V.C.A. Chair Wayne R. Wilson, CAO /Secretary- Treasurer Dated this day of , 2010 Page 32 of 46 Agenda Item # 14a) - Correspondence dated January 15, 2010 from Walter Benotto, C... January 15, 2010 - ""'°° gz L JAN 15 1010 Mayor Hughes & Council ORaMEDONTE The Corporation of the Township of Oro-Medonte 148 Line 7 South Oro, Ontario LOL 2X0 Dear Mayor Hughes & Council: Member Municipalities It has come to the attention of the Nottawasaga Valley Conservation Authority (NVCA) Adjala- Tosorontio that a letter dated December 17, 2009 was sent by Mayor Geurgis, Township of Essa, concerning Conservation Authorities to municipalities throughout the Province. With Amaranth respect to this letter the NVCA submits the following regarding three particular issues Barrie raised; namely: The Blue Mountains Bradford -West Gwillimbury Excerpt 1 "...local CA (NVCA) has been asking for portions of applicants lands as part Clearview of the application process which should be a conflict of interest. Applicants feel if they Collingwood do not comply with the CA demands their application may not be approved...' Essa Comment: The NVCA does receive donated lands from environmentally conscious Grey Highlands individuals who want to ensure that their lands are protected in perpetuity. The NVCA Innisfil also received on occasion lands through the planning process on a mutually Melancthon benefitting basis; much the same as municipalities when lands are donated to them. Mono Mulmur To ensure environmentally protected development, the NVCA encourages pre- development consultation with developers to ensure full understanding of the NewTecumseth environmental opportunities and constraints on the subject lands as a proactive means Ora- Medonte of supporting wise growth. Shelburne Springwater Excerpt 2 "... levy ... has risen a staggering 249.8% over the last 9 years..." Wasaga Beach Comment: The Township of Essa's levy increase from 2001 to 2009 has increased from $60,641 to $121,857 a 110% increase. The largest Essa levy Increase was in Watershed 2001 over 2000 from $37,364 to $60,641 a 62% increase. While the total NVCA levy to Counties our Municipalities increased 6% this large increase in Essa was as a result of the oufferin change from discounted equalized assessment (DEA) to implementing current value Grey assessment (CVA) as directed by the Province to ensure an equitable distribution of Simcoe tax assessment. A provincial not local Conservation Authority initiative. .2l Member of Celebrating 50 Years in Epnservation 796&Y 010. NOTTAWASAGA VALLEY CONSERVATION AUTHORITY - Centre for Conservation �°nservatfon John Hix Conservation Administration Centre Tiffin Conservation Area 8195 8th Line Utopia, On LOM 1TO ;,N 0 Rp— Telephone: 705.424.1479 Fax: 705.424.2115 ' Web; www.nvca.on.ca Email: admin ®nvca.on-ca Page 33 of 46 Agenda Item # 14a) - Correspondence dated January 15, 2010 from Walter Benotto, C... The past five year total NVCA levy increase ($1,434,707 to $1,764,953) represents a 23% increase, or 4.6% per year, and costs on average $10 per resident. All levy increases are approved by the majority of the Board members. Excerpt 3 "...our CA is now getting involved in soil evaluation..." Comment: Soil stability confirmation is a normal requirement for development within the NVCA consistent with the Provincial Policy statements. Like all Conservation Authorities, the NVCA is governed by a Board of Directors consisting of appointed officials of the watershed municipalities it serves. The NVCA Board has consciously chosen to invest in the programs of the NVCA to ensure: • the long term protection of its watershed residents and their property from flooding and erosion; • the long term protection and restoration of the watershed environment to ensure healthy rivers streams and wetlands/forests, • the long term protection and improvement to the quality of life and local economic well being. It is estimated that at least $100 million per year of our local economy is directly related to the quality of our environment, not counting Municipal well protection. In Walkerton one polluted well cost several lives and over $64 million. There are over 100 Municipal wells in the NVCA. Often local interests and development places strong pressure on local Municipalities. The Conservation Authority Board of Directors, with the technical support provided by CA staff, ensure that mandated Municipal, Provincial and Federal interests are considered and protected throughout the entire watershed. The NVCA Board of Directors works together to ensure that the Conservation Authority provides the most effective programs possible. To that end at the November 27/09 Board meeting the NVCA Board agreed to carry out a 3b party independent consultant review of the NVCA planning program to review planning program effectiveness and make recommendations for improvement. We will continue to provide the most efficient and effective service to our watershed residents through due diligence and the protection of our environment for future generations. Sincerely, Walter Benotto NVCA Chair c: NVCA municipalities NVCA Board Members Minister Cansfield, MNR Don Pearson, Chair Conservation Ontario Ken Hill, NVCA Solicitor Counties of Simcoe, Dufferin & Grey Page 34 of 46 Agenda Item # 14a) - Correspondence dated January 15, 2010 from Walter Benotto, C... Corporation of the Township of Essa 5786 Simcoe County Rd 21 Utopia, Ontario LOM 1 TO Where Town and Country Meet Telephone: (705) 424 -9770 Fax: (705) 424 -2367 www. essatownship. on. ca December 17, 2009 Dear Mayor and Members of Council, RE: CONSERVATION AUTHORITIES I have been asked to circulate a motion I recently brought forward to the council of the Township of Essa. The resolution called for an independent 3rd party review of our local Conservation Authority and it was unanimously supported by our council. The reason I requested a review was the escalating costs and steady stream of new restrictions, new permit fees and studies required to develop in our municipalities. It has made me question if these new restrictions are based on good planning or for revenue generation of a struggling conservation agency. Also the local CA has been asking for portions of applicants lands as part of the application process which should be a conflict of interest. Applicants feel if they do not comply with the CA demands there application may not be approved. Our CA boasts of streamlining and promoting economic development, yet everything they do seems to create more costly red tape. Our goal as municipalities is to provide good planning at a reasonable cost to our ratepayers. In our area we pay for planning departments at the upper tier, the local municipality and the CA. Imagine if you had to pay 3 levels of government before you paved a road or purchased a new fire truck. Our municipal levy to the CA has risen a staggering 249.8% over the last 9 years and permit fees have also risen dramatically, along with an ever expanding menu of red tape. For example our CA is now getting involved in soil evaluation which is generating new revenue and duplication. They have also dramatically expanded into new geographical areas thus creating more revenue. My ultimate goal is to see the planning part of the CAs be amalgamated into the upper tier to eliminate multi levels of costly bureaucracy. This will leave the CAs to utilize the talents of there dedicated staff to repair our watersheds. They should be developing long range objectives for us to meet such as: Building public and private partnerships to plant trees, stabilizing river banks, improving spawning beds, etc. We are not getting the best bang for our buck and the CAs are becoming a major drag on economic development in many of our communities. Our council recently held a public meeting to deal with an Official Plan Amendment (OPA). The applicant was an agricultural society wishing to develop an educational farming operation and Page 35 of 46 Agenda Item # 14a) - Correspondence dated January 15, 2010 from Walter Benotto, C... they asked council to allow a fair 5 days out of the year. Council knowing the geography of the municipality asked why they had not chosen other lands that would have been more suitable and avoided the need for an OPA. The planning consultant for the applicant stated that they had advised there clients to avoid any property that fell under jurisdiction of the local CA. That is something we are hearing more and more. We are also seeing more ratepayers doing work without permits to avoid the CAs and it is tough to tell them they are wrong when you know what the CA will put them through even for minor projects. I have very little knowledge of relationships between other CAs and there municipalities, I am only referring to my local experience and have been asked by some of my area colleagues to circulate my motion. I hope your relationship is not strained, but if it is, now is the time to deal with it. If we had any other department with a 249.8 % increase over 9 years we would have dealt with it a long time ago. If you wish to contact me, I have provided my information below. Sincerely, David Guergis David Guergis, Mayor Township of Essa, County of Simcoe P: (705) 424 -0698 E: teamessa@yahoo.ca Attach. 2 Page 36 of 46 Agenda Item # 14a) - Correspondence dated January 15, 2010 from Walter Benotto, C... CORPORATION OF THE TOWNSHIP OF ESSA MOVED BY: Macdonald DATE: October 7, 2009 SECONDED BY: Henderson RESOLUTION NO: 222 -2009 THAT the Council of the Township of Essa has identified the need for an independent review of the NVCA regarding how they collect and charge for permit fees, levy fees and the duplication of planning for residents, businesses and the municipalities in the NVCA catchment area; NOW THEREFORE BE IT RESOLVED THAT the Council of the Township of Essa requests municipalities in the NVCA watershed to support an immediate review by an independent third party who will be asked to develop an action plan on matters such as but not limited to, the duplication and required level of planning in the NVCA catchment area; halting collection of permit fees by the NVCA, but instead with municipalities collecting reasonable fees to meet the objectives set out in the Conservation Act, and passing along appropriate fees to the NVCA for services performed; streamlining of services and a strategy for reduction of levy fees; and further THAT Essa Council looks forward to working with the NVCA in order to provide a better service to all residents of the area. It is requested that a copy of this resolution be sent to all NVCA member municipalities for consideration and support. Mayor: Original Signed Page 37 of 46 Agenda Item # 14b) - Correspondence received January 20, 2010 from Georgeina Pier... Windrift Kennel c/o Georgeina Pierce JAN 2 0 5753 Line 8 North, 2010 Moonstone, On �'C3_f,A��iil:,f 1` LOK 1N0 TG/ V;t: S ,tF; Doug Irwin, Clerk Township of Oro - Medonte, 148 Line 7, South, Oro, On. LOL 2X0 Dear Sir I would like to request a variance with regard to Bylaw No. 2008 -030 Appendix `B" . Maximum number of dogs 2.1, 2.2, 2.3. My property is PT LT 17, Concession 9, Plan 51R19282, Municipal Address 5753 line 8 North. Moonstone. I have 49.9 acres, and I bought the property over 10 years ago as my son then 19 had 17 Siberian huskies which he raced in various races and also began to use in the Barrie and Orillia Winter fests giving rides. We have grown steadily since then and we now have 2 full time dog handlers through the week and in the winter hire more than 15 workers and drivers to help with the many winter fests, Arctic Adventures, resort rides, and tours. The dogs have been to Geralton On. in the north, and to Brampton and any where we are asked to participate in the south. I had rabies vaccinations given to 201 dogs on Dec 18/09. My Vet from North Simcoe Veterinary Services was satisfied with the health of my dogs although I do have three under their care. King is on Benadryl for an allergic reaction to his collar, Frodo had a cut on his nose which has healed and Larry, a pup had dermadex. Mr. Gary Skelding has told me I must get rid of some dogs and I have, under pressure, found homes for 30 of the racing dogs, for the end of January. On any given weekend 150 to 180 dogs are working at various resorts in the area. Our personal goal has always been to put a team in the Iditarod race in Alaska. This has been jeopardized by having to get homes for our best racing teams.. The dogs are personal friends. They are a large part of my life and I had hoped to retire to dog sledding in the winter and dog carting in the summer. I try to be thoughtful of my neighbours and my dogs do not run at large. There have been no complaints of noise violations to my knowledge. Yours truly Georgeina Pierce Page 38 of 46 Agenda Item # 14c) - Correspondence dated January 14, 2010 from John Johnson, Joh... JOHNSON CONSTRUCTION LTD, 3517 LINE 13N., R.R. 2, COLDWATER, ON, LOK1E0 705- 326 -2235 January 14, 2010 TO: MAYOR AND COUNCIL: I am developing a subdivision at Prices Corners — Oro Medonte (it has been ongoing for a number of years). The new street to be constructed is a continuation of an unopened street name Uno Drive. There are no houses fronting on this unopened street. I would like to rename this street to Breanna Boulevard. I hope this meets with your approval. Sincerely John Johnson RE VED JAN 1 .G 1010 rF �'�wnrsHin Page 39 of 46 Agenda Item # 14c) - Correspondence dated January 14, 2010 from John Johnson, Joh... LEWIS DOWNEY TORNOSKY Fax :7053277532 Jan 19 2010 1628 P.01 LEWIS DOWNEY TORNOSKY LASSA►.LZNE i& TF "A,NO PROFESSIONAL CORPORATION Barristers, Solicitors & Notaries 77 Coldwater Street East b fo[a3greatlaw.oa Tel= 765- 327 -2600 Orillia, ON L3V 1W6 Fax: 705 - 327 -7532 6 Icon_ Doug Lewis F.C.A., Q.C., P.C. ti LIMA D_ Lewis 1940 - 2008 Continuing the practice of � ) Doug Downy B.A., M.A., LL.B„ LL,M. Bourne, Jenkins & Mulligan Shy L. Tomosky B.A., LL.B. Patrick J. La saline 13.A,,, LL-B. PmfeCCianal C;ornnra6nn Timothy G. Tixupano B.Sc, LL.B. Jobn H. Ewe# BA., LL.13, m.i.R. January 1 �', 2010 Township pf Oro- Medonte P. O. Box 100 Oro, Out ado LOL 2X0 Attention- Ma or Hughes Dear Sir: Re: JOHN N. JOHNSON CONSTRUCTION LIMITED Prices Corners /Turtle River Subdivision With respc ct to the above -noted Development, our client is requesting that you agree to accept the amount of $1,000.00 per lot, in lieu of parkland dedication, excepting one lot, for a total of $17,000.00. In addition our client i " l reserve the designated parkland. Yours ve struly LEWIS D .V,`NEY TORNOSKY LASSALU4E & TEMPANO PE I AL CORPOR ITON Rc.c.A_ndria Downey Leigh. By Fax y to 487 -0133 Page 40 of 46 Agenda Item # 18a) - Being a By -Law to Authorize the Execution of an Agreement Be... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE By -Law No. 2010 -018 Being a By -Law to Authorize the Execution of an Agreement Between the Township of Oro - Medonte and Ukrainian National Federation of Canada — Toronto Branch and to Repeal By -Law No. 1999 -106 WHEREAS the Municipal Act, 2001, S. 0. 2001, c.25, Section 224, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council. AND WHEREAS the Council of the Corporation of the Township of Oro - Medonte deems it expedient to enter into a lease agreement with the Ukrainian National Federation of Canada — Toronto Branch to provide public use of Part of Lots 23 and 24, Plan 626, Part of Lot 62, Plan 1464, Block A, Concession 11 (identified as Assessment Roll Number 4346 - 010 - 011 - 08000), being approximately 787 feet by 310 feet by 66 feet by 846 feet. AND WHEREAS Council enacted Motion CW091216 -33 authorizing the Township of Oro - Medonte and Ukrainian National Federation of Canada — Toronto Branch to enter into a lease agreement. NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. THAT the Mayor and Clerk be authorized to execute the lease agreement attached hereto as Schedule "A" and forming part of this By -Law. 2. THAT the lease agreement be effective for a period of ten (10) years from March 1, 2010 to May 31, 2020 and may be renegotiated or renewed at the end of this term. 3. THAT By -Law No. 1999 -106 be repealed in its entirety. 4. THAT this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST AND SECOND TIME THIS 27TH DAY OF JANUARY, 2010. BY -LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 41 of 46 Agenda Item # 18a) - Being a By -Law to Authorize the Execution of an Agreement Be... Schedule "A" to By -law No. 2010 -018 THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Hereinafter called the Township -AND - UKRAINIAN NATIONAL FEDERATION OF CANADA— Toronto Branch Hereinafter called the Federation IN CONSIDERATION of the sum of $10.00 and other valuable consideration now paid by each part to the other the parties agree as follows: Section 1: Lands In this Agreement: "Lands" shall mean Part of Lots 23 and 24, Plan 626; Part of Lot 62 Plan 1464 Block A Concession 11, Township of Oro- Medonte (identified as Assessment Roll Number 434601001108000), being approximately 787 feet by 310 feet by 66 feet by 846 feet (as shown on Appendix A). Section 2: Demise The Federation demises and leases the Lands to the Township subject to the terms and conditions set out herein. Section 3: Use The Township covenants with the Federation: a) to use the Lands only for recreational purposes, except as specifically permitted herein; b) not to alter the drainage of the Lands except with the approval of the Federation, which approval shall not be unreasonably withheld; c) to maintain at the Township's expense a structure for crossing the creek situated on the Lands; and d) to maintain and keep said lands in a reasonably clean and tidy condition; Section 4: Co- operation The parties acknowledge and agree that the use of the Lands shall be mutually beneficial to both parties and both parties shall do all things necessary to co- operate in this regard. Section 5: Public Use It is understood and agreed between the Township and the Federation that the Lands shall be a public recreational area, and any person, or organization whatsoever shall be permitted to use the lands as long as the use is permitted use in accordance with the Parkland By -law or by provincial or federal laws. Section 6: Maintenance and Repairs Notwithstanding the provisions of Section 3 a), the Township shall have the right to maintain, install, replace, repair, reconstruct, expand, extend or upgrade any structures, fixtures or chattels upon the Lands, whenever the Township, in its discretion, determines that such maintenance, repair or improvement work is necessary or desirable. Section 7: Indemnity a)The Township shall at all times indemnify and save harmless the Federation from and against any and all manner of claims, actions and other proceedings brought against the Federation in respect of any damage or injury (including fatal injury) to any person or property resulting from the Township's occupation or use of, or any operation in connection with, the Lands or any fixtures or chattels thereon except to the extent attributable to the Federation's negligence. b) The Township shall provide upon execution of this agreement, and at any time during the term of the agreement, as requested by the Federation, proof of liability insurance and indemnification of the Federation as indicated above. Oro - Medonte / U N F Toronto Parkland Agreement 1 December 2009 Page 42 of 46 Agenda Item # 18a) - Being a By -Law to Authorize the Execution of an Agreement Be... Section 8: Annual Rent The Township shall pay to the Federation rent in the sum of one dollar ($1.00) per Annum as a lump sum payment in the amount of ten dollars ($10.00) due upon execution of the agreement, the payment and receipt of which is hereby acknowledged by the parties. Section 9: Right of Wav The Federation shall have a right of way over the Lands for general purposes. Section 10: Termination Either party hereto may terminate this Agreement by providing six (6) month's prior written notice to the other party. Section 11: Term of Agreement This agreement shall be effective for a period of ten (10) years from March 1, 2010 to May 31, 2020 and may be renegotiated or renewed at the end of this term. Section 12: Entire Agreement The parties acknowledge that there are no covenants, representations, warranties, agreements or conditions, express or implied, collateral or otherwise forming part of or in any way affecting or relating to this Agreement other than as set out in this Agreement, which constitutes the entire Agreement between the parties concerning the Lands and which may be modified only by further written agreement. Section 13: Enurement The provisions of this Agreement shall be binding upon, and enure to the benefit of, the parties and their respective successors and assigns. Section 14 - Acknowledgment The Township shall establish and maintain a formal recognition of the Federation's contribution of the lands associated with the Hawkestone Park in the form of a Plaque or Sign to be located at the entrance to the park. Oro - Medonte / UNF Toronto Parkland Agreement December 2009 Page 43 of 46 Agenda Item # 18a) - Being a By -Law to Authorize the Execution of an Agreement Be... IN WITNESS WHEREOF the parties have executed this Agreement. Oro - Medonte / UNF Toronto Parkland Agreement December 2009 THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Harry Hughes, Mayor Date J. Douglas Irwin, Clerk Date We have the authority to bind the Corporation UKRAINIAN NATIONAL FEDERATION OF CANADA, TORONTO BRANCH President Name: Y. Slawko Borys / Oe c - Date Secretary Name: Bohdan dicky Date We have the authority to bind the Corporation Page 44 of 46 Agenda Item # 18a) - Being a By -Law to Authorize the Execution of an Agreement Be... Page 45 of 46 Agenda Item # 19a) - Being a By -Law to Confirm the Proceedings of the Council Mee... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2010 -017 BEING A BY -LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING HELD ON WEDNESDAY, JANUARY 27, 2010 THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE HEREBY ENACTS AS FOLLOWS: 1. THAT the action of the Council at its Council Meeting held on Wednesday, January 27, 2010, and in respect to each Motion, Resolution and other actions passed and taken by the Council at its said Meeting is, except where prior approval of the Ontario Municipal Board is required, hereby adopted, ratified and confirmed. 2. THAT the Mayor and the proper Officials of the Township are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary on behalf of the Council of the Corporation of the Township of Oro - Medonte. And, the Clerk is hereby authorized and directed to affix the corporate seal to all said documents. BY -LAW READ A FIRST AND SECOND TIME THIS 271h DAY OF JANUARY, 2010. BY -LAW READ A THIRD TIME AND FINALLY PASSED THIS 271h DAY OF JANUARY, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 46 of 46