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04 21 2004 Council Agenda TOWNSHIP OF ORO-MEDONTE COUNCIL MEETING AGENDA COUNCIL CHAMBERS DATE: WEDNESDAY, APRIL 21,2004 TIME: 7:00 P.M. ......................................................................................................... .. 1. OPENING OF MEETING BY THE MAYOR 2. PRAYERlCONTEMPLA TION/REFLECTION . 3. NOTICE OF ADDITIONS 4. ADOPTION OF AGENDA 5. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT" 6. MINUTES OF PREVIOUS MEETINGS: a) Minutes of Council Meeting of April 7, 2004. 7. RECOGNITION OF ACHIEVEMENTS: None. 8. PUBLIC MEETINGS: a) 7:00 p.m. Public Meeting re: Notice of Intention to Pass By-Laws Establishing Water and Waste Management Charges (By-laws 2004-032 and 2004- 033). 9. DEPUTATIONS: l' a) 7:20 p.m. Jim Woodford re: Ecological Changes at Buffalo Springs/Georgian North Land Ltd. " b) 7:30 p.m. Pat Woodford re: Water at Buffalo Springs/Georgian North Land Ltd. c) 7:40 p.m. Allan Baker, c/o Jarratt-Coulson & District Community Group Inc., re: Buffalo Springs/Georgian North Land Ltd. 10. CONSENT AGENDA CORRESPONDENCE: a) Severn Sound Environmental Association, minutes of January 30,2004 meeting. 11. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN: None. 12. REPORTS OF MUNICIPAL OFFICERS: a) Paul Gravelle, Treasurer, re: 2004 Operating and Capital Budget [Council is requested to bring their copy to the meeting]. b) Report No. ADM 2004-19, Marilyn Pennycook, Clerk, re: 2004 Summer Recess of Council! Committee of the Whole Meetings. c) Report No. ADM 2004-20, Marilyn Pennycook, Clerk, re: Land Transfer and Exchange, Bass Lake Cottagers' Road, West Half of Lot 5, Concession 1, and East Half of Lot 5, Concession 1, Township of Oro-Medonte. . 13. REPORTS OF COMMITTEES: a) Minutes of the Committee of the Whole Meeting, April 14, 2004. 14. COMMUNICATIONS: a) Simcoe County Alliance to End Homelessness, correspondence dated April 1 ,2004 re: Experience the Homeless Maze Workshop, June 11, 2004, St. Paul's United Church, Orillia. b) Rosaleen Crooks, correspondence dated April 4, 2004 re: Shanty Bay Dock. 15. IN-CAMERA: None. 16. BY-LAWS: .. a) By-Law No. 2004-032 Being a By-Law to Establish Water Charges for the Year 2004. J b) By-Law No. 2004-033 Being a By-Law to Establish Waste Management Charges for the Year 2004. c) By-Law No. 2004-041 Being a By-Law to Amend By-Law No. 2004-027 - "Clean and Clear By-Law". d) By-Law No. 2004-042 A By-law to Permanently Close and Sell Part of the Original Road Allowance Between Concession 3 and 4 (Geographic Township of Medonte), Township of Oro- Medonte, County of Simcoe, Designated as Parts 1 and 2, Plan 51 R-32661. 17. CONFIRMATION BY-LAW NO. 2004-043 18. QUESTIONS AND ANNOUNCEMENTS 19. ADJOURNMENT ... ... . . ! ~" \:....f::.t;:7j~}~~~~:~:':y,:::.:~.:i.~. :.~.:.. 7. ..w .<1:-- __c~.., .' , i" . .' '. .;:.:'.'!~~.\>:':/. ~:',:,':;',: '~:~ ~ ' / /, ' .. ~ " - ."../ ,. ~/ -.. -. .', - ~ . -' - ~ -~" :,,,>:~:;#:::~;~~,;: :~:'. ):~... :' I .- . I.}. I I .... LI I .. . ..' -. -- . \ ' .. "\:;::';';:;:~:T;~~..F~::'~~'~'/ ~'.., .:. ' ..... .... . . """"-- {:;,'. . :." ".": '. ...... ..;.. ..---" . . ~ .' ;:,.~. }~. :: ;'.. " .' .:..;:,... ";>..:" . ..' ~ ) . J . ~ I I r-I · 11 : r i LU ! J ~' I - (I ! ~ ! Q t--- .Q ...... r:1 :2 ~ ,...... ! ~[ er I I I. . ._ boo Page 1 of 1 . - . .- .. - , . ... . . . . . . ~ .~ . - . :::.ye ST' ,. I ~. -. . .-; . i . . : ... file:IIC: \Documents%20and%20Settings\micks\Local %20Settings\ T emporary%20Internet%... 5/5/2004 C) \0,- REZONE AND REDLINE - BUFFALO SPRINGS SOME COMMENTS TO ORO-MEDONTE COUNCIL 21 April 2004 Jim Woodford Member, Coulson Area Environmental Committee Friend of the Coulson Swamps Georgian North Lands Ltd. has applied to Council for a By-law amendment to allow a 117 lot residential Plan of subdivision on the Buffalo Springs site. Georgian North has also applied directly to the Ontario Municipal Board to "Red-line" the draft approved plan of subdivision. The Ontario Municipal Board has taken the position that it will not process the application for a "Red-line" revision until the Township ofOro-Medonte provides formal comments on both the re-zoning application and the "Red-line" request. I should like to bring to Council two main areas of concern about the proposed development at Buffalo Springs. 1 - AL TERA TION OF EXISITNG ENVIRONMENT On July 22, 1996, M. Stagg, RPF (acting for Oro-Medonte Township), Graham Findlay, MNR Biologist (then chair of the Coulson Area Environmental Committee) and two local residents visited the Buffalo Springs site, after a report that construction related activities were occurring on the property. Mr. Stagg, a Registered Professional Forester, in a letter to Mr. Findlay (copies to Benjt Schumacher (owner of Buffalo Springs) and Mr. Kolbe, (Dir. OfO-M Planning) [copy of Stagg letter is attached] observed: "Recent logging in the westerly part of Lot 3 and stock piling, mostly maple, some spruce. In a couple of instances the removal of several larger trees in one location had created small open areas." "It would appear that the trees that have been logged and those which have been marked, have been specifically selected to optimize production of raw logs, a practice sometimes known in the lumbering industry as 'high yielding'. This could be viewed as something different to a general woodland improvement operation..,." Mr. Stagg also noted: "If operations were to alter or remove a larger or significant part of the referenced existing natural environment then it would become increasingly difficult to implement the conditions of the OMB approval of the proposed residential subdivision." "It would also be recognized that the existing forest and woodland characteristic was a significant factor contributing to the rationale of creating the proposed country residential estate development and hence its approval." In a letter dated Sep. 3, 1996, Graham Findlay, MNR Biologist advised Mr. Schumacher as follows: "The removal of a number of trees and the disturbance created by heavy machinery required to remove the cut trees may impact on some of the sensitive areas or resource values." (Copy ofletter attached) John Hare, who lives across the road from Buffalo Springs and accompanied Mr.Stagg and Mr. Findlay on the inspection, estimates about 500 trees were removed. Ed Hall, who lives next to the site, says some trees were cut down close to the Provincially Significant Wetlands. Mr. Benjt Schumacher refused permission to the Couchiching Conservancy to survey Buffalo Springs as part of their Oro Moraine Ecological Study. A provision of the 1994 OMB Order that the Crown Tree Canopy not be altered appears to have been violated. This could mean changes in the early spring flora that grows under the trees before the canopy closes over. OMB Chair J. Mills was quite specific in his concerns about the environment. In Section IX of the OMB Order it prescribes the content of the Zoning By-law amendment in Section 4 by adding subsections. The following is a sample: "11.2.2.2 Buffalo Springs, Part Lot 2 and Lot 3, Cone. 9 aJ Not withstanding the provisions of Section 11.2.1 of this By-law, those lands comprised of Part Lot 2 and Lot 3, Cone. 9 as zoned in Schedule f, Map 2 as OS2-2 shall not be used for the erection of any building or alteration of the existing environment. It is not unreasonable to conclude that the activities detailed above probably caused some "alteration of the existing environment". In spite of the above Stantec Consulting Ltd., who did the 1994 Environmental Assessment and should be familiar with the Buffalo Springs environment did not notice that 500 trees had been removed. Stantec now environmental consultants for the present owners, Georgian North Lands, visited the site once in December and claimed, "No significant changes in ecological conditions have occurred on site." No scientific data was provided to validate this claim. C\ C\- J- 2 ~3 Azimuth Consulting Ltd. was asked by Council to review the Stantec Report. They did not challenge the claim of "no significant changes in ecological conditions". Nor did they mention the removal of 500 trees. Both seemed unaware of Chairman Mills's specific order that there was to be no "alteration of the existing environment" at Buffalo Springs. Therefore I respectfully suggest that Oro-Medonte Council undertake the following: 1 - Request Georgian North Lands Ltd. to conduct a 3-season environmental assessment of Buffalo Springs [Part lot 2 and Lot 3, Cone. 9]. A multi-disciplinary team of highly qualified scientists - including a botanist, forester, ornithologist, ichthyologist and entomologist - should do this. The purpose of this assessment is to determine if "any alteration of the existing environment" has occurred. I would further suggest that Stantec and Azimuth should be disqualified from doing this assessment. 2 - Inform the OMB that Council will not comment on the re-zoning application and the "Red-line" request until after the above is completed and the Council has a Report. 3 - I suggest that Council appoint an Ecological Advisory Committee to assist and advise Council. 2 - PROVINCIAL WETLANDS POLICY In 1992 the Ontario Government enacted a Policy Statement on Wetlands under Section 3 ofthe Planning Act 1983. "It is the policy of the Government of Ontario that: 1.1. "All planning jurisdictions, planning boards and resource management bodies within the Province shall protect Provincially Significant Wetlands. 2. Great Lakes - St. Lawrence Region 2.1 Development shall not be permitted within Provincially Significant Wetlands. The Shorter Oxford English Dictionary defines within as inside. Map 7 in the Environmental Impact Statement prepared by Ecological Services for Planning for the 1994 OMB Hearing clearly shows that one group of houses is on an 3 "island" completely surrounded by the Provincially Significant Wetlands. (The revised plan shows 15 houses on this "island".) [Copy of map attached} Two other "peninsulas" are largely within the Provincially Significant Wetlands and contain 30 houses. Sec. 2.2 reads "On Adjacent Lands, Development may be permitted only if it does not result in any of the following: a) Loss of Wetland Functions. b) Loss of contiguous Wetland Area." Once again Map 7 shows roads across the Coulson creek (a coldwater trout stream) and across the wetlands, virtually dividing them into three sections. This has a high potential to disrupt wetland functions and certainly destroys a contiguous wetland area. The Revised Plan maintains the basic configuration of houses as shown on Map 7, but fewer are planned. A wide path will replace one branch road and a short section of road has been eliminated. The wide path will still be across wetlands and built to accommodate fire trucks and other emergency vehicles. [A copy of the Provincial Wetlands Policy is attached] Council should seek clarification of the Chairman Mills Order with respect to Provincial Wetlands Policy. Summing Up- If the Environmental Assessment described on page 2 finds that the logging "operations were to alter or remove a larger or significant part of the referenced existing natural environment" then some "alteration of the existing environment" occurred and the conditions of the 1994 OMB Order would have been violated and it would no longer apply to development at Buffalo Springs. Council should ask Georgian North Lands Ltd. to submit a new plan that would be considered under current by-laws and relevant legislation. This would include a 120-metre buffer around EP-llands, such as the East Coulson Provincially Significant Wetlands. It would prohibit building any houses or roads within these wetlands. Who knows if this is delayed long enough even OP A #16 might be law! 4 Mr. Massie and partners there is a simple solution to this. Donate the East Coulson Provincially Significant Wetlands to the Couchiching Conservancy. This would make economic sense - you would receive a tax receipt for the assessed value of the donated lands; it would make emotional sense - you would receive an enormous amount of goodwill and praise in the community; and finally it would make environmental sense - one of the most important natural areas in Oro- Medonte would be preserved. 5 THE CORPORATION Of THE o . \ c, - \D Box 100 Oro. Ontario LOL 2X0 Telephone (705) 487-2171 Fax (70S) 487-0133 TOWN~IIIP -&/V-~~~ j'.; ;',;,-':., :,.- ~~ Mr. Graham Findlay Chairman The Sabiston, Valdoro Environmental Committee and Buffalo Springs Developments Ministry of Natural Resources Midhurst District Office Midhurst, ontario LOL 1XO c.c. L()L Mr. Benjt Schumacher, RR2, Oro station Mr. R. Kolbe, Director of Planning/Building .--J?' t>v July 31, 1996 Dear Mr. Findlay: Re: Woodland Improvement operations, Buffalo Springs property, Lots 2 and 3 Conc. 9 (Oro) Our file P3/89 This follows our site inspection of the above property on the afternoon of July 22nd, 1996. On July 19th, 1996, a report was received from an adjacent property owner indicating that construction equipment was operating on the above property and that culvert materials were apparently being moved in. The morning of July 22nd, I contacted the landowner Mr. Benjt Schumacker. He advised that he was undertaking some woodland improvement management operations_ He kindly granted permission for a site visit to be undertaken. Our ongoing interest in the property relates to the various conditions of the ontario Municipal Board as set out in their Order of October 26, 1994 including Schedules I to XIV attached thereto and the amending Order of April 24, 1995 which substituted new Schedules I, VII and IX. The ontario Municipal Board process in regard to the said property granted and ordered an amendment to the Official Plan and an amendment to the Zoning By-law of the former Township of Oro and issued a conditional draft plan of subdivision approval. In addition the creation and operation of the Environmental Committee was ordered indeed with its representation of owner-developers, local residents' groups and government agencies and having in particular a monitoring responsibility. Relevant to the foregoing, during our site inspection I noted the following: a) Installation of additional culverts and use of sand/grit small gravel material to raise the vehicle trail crossing the Creek at a short distance in from Eighth Line Township Road. b) Recent logging in westerly part of Lot 3 and stock piling, mostly maple, some spruce. In a couple of instances the removal of several larger trees in one location had created small open areas. c) Significant number of larger trees, mostly maple, have been marked (it is assumed for logging) throughout the wooded area of the property. d) Minor disturbance of the ground by logging equipment. It would appear that the trees that have been logged and those which have been marked, have been specifically selected to optimize production of raw logs, a practice sometimes known in the lumbering industry as "high yielding". This could be viewed as being somewhat different toa general woodland improvement operation, where production of marketable timber is also a very valid objective but is conducted within the broader objective of maximizing future timber production and achieving identified environmental and ecological objectives. The minor disturbance of the ground by logging equipment which has occurred would not in my opinion materially alter the flow of precipitation into the ground, nor would there be any significant increase to silt material entering the surface drainage system. Improvements to the creek crossing to prevent fill material entering the water course should be undertaken. It would be my view that the land owner is quite within his rights to undertake woodland improvement operations and should be encouraged to continue same provided good and accepted management practices are followed. A concern has to be expressed however that some of the conditions imposed by the OMB respecting the natural environment of the property are very exacting. For example in section XI of its Order where it prescribes the content of the zoning By-law amendment, it states in part in section 4 by adding the following subsections. "11.2.2.2 Buffalo springs, Part Lot 2 and Lot 3, Conc. 9 a) Notwithstanding the provisions of section 11.2.1 of this By- law, those lands comprised of Part Lot 2 and Lot 3, Conc. 9 as zoned on Schedule F, Map 2 as OS2-2 shall not be used for the erection of any building or structure or alteration of the existing natural environment. b) The OS2-2 Zone shall have an absolute depth of 16.0 metres measured perpendicularly from the identified OS2-1 Zone and measured parallel thereto. 11.2.2.3 Buffalo Springs, Part Lot 2 and Lot 3, Cone. 9 a) Notwithstanding the provisions of section 11.2.1 of this by- law, those lands comprised of Part Lot 2 and Lot 3, Cone. 9 as zoned on Schedule F, Map 2 as OS2-3 shall not be used for the erection of any building or structure or alteration of the existing natural environment. b) The OS2-3 zone shall have an absolute depth of 20.0 metres measured perpendicularly from identified OS2-1 zone and measured parallel thereto." Attached is a copy of Schedule "A" illustrating the location of the areas to be 052-2 and 052-3. There is a risk therefore that woodland improvement operations could be counter productive to the OMB Order prohibiting the alteration of the existing natural environment. If operations were to alter or remove a larger or significant part of the referenced existing natural environment then it would become increasingly difficult to implement the conditions of the OMB approval of the proposed residential development. It would also be recognized that the existing forest and woodland characteristic was a significant factor contributing to the rationale of creating the proposed country residential estate development and hence its approval. I would recommend that the owner of the property consult with the land development company so that ongoing woodland improvement and management operations do not prejudice the implementation of the requirements of the Ontario Municipal Board respecting any subsequent residential development of the land. I am sure this could be achieved without any particular economic or technical difficulty. Mark B. Stagg, RPP , Your very truly, att. Midhurst, Ontario LOL 1XO (705) 725-7530 September 3, 1996 Mr. Benjt Schumacher R.R.# 2 Oro Station, Ontario LOL 2EO Subject: Woodland Jmprovement Operations - Buffalo Springs Lots 2 & 3, Cone. 9, Township of Oro-Medonte (Oro TWP) Dear Mr. Schumacher: This follows the July 22, 1996 visit by myself, Mr. Mark Stagg from the Township of Oro-Medonte, and two adjacent land owners, of your property after a report was received about construction related activities on the property. Two issues of concern were identified during that site visit: a) the condition of the water crossing, just in from the eighth concession, upon the installation of additional culverts and associated fill material; and b} the cutting of some, and marking of a large number of additional trees presumably for future cutting. Regarding a) above, the nature of fill (sand and gravel mixed with other sediments), and the grade of the roadway on both sides of the creek's banks created a definite potential for erosion of the fill material into an identified trout stream. Section 35 of the Fisheries Act prohibits anyone from carrying out works that would harmfully alter, disrupt or destroy fish habitat unless authorized by the Minister of Fisheries and Oceans. You were advised during our subsequent telephone conversation that erosion controls were required immediately. As indicated at that time, such controls should be in the form of gabion stone laid down on filter fabric to stabilize the fill. Sediment fences should be installed adjacent to the stream to catch sediment that would wash down the grade of the roadway. Follow up inspection by one of our conservation officers indicates the site seems to have been suitably stabilized. We recommend you continue to monitor the site for erosion and to maintain the erosion controls as necessary. 2. . . n 1q Mr. B. Schumacher Construction Activities - Buffalo Springs Property September 3, 1996 Page 2 About issue b), when we discussed this issue following the site visit you indicated that you were conducting limited woodland management works. By issuing this letter we do not want it perceived that we wish to dictate personal land use on private land. Provided such works are done in an environmentally sensitive manner, considering the wetland and fisheries resources identified on your property, we have no concern with your managing the wood resources. Our continued interest in the property, however, relates to the Ontario Municipal Board's (OMB) October 26, 1994 Order and associated Schedules I through XIV, and its amending Order of April 24, 1995 with revised Schedules I, VII and IX. The OMB granted and ordered amendments to the former Township of Oro's Official Plan and Zoning By-laws and issued a conditional approval of a draft plan of subdivision on the property. As a condition of the approval (see Schedules IV and V of the OMB Order), it was ordered that an environmental committee be developed with representation from the owner-developers, local residents' groups and governing agencies. The committee's responsibilities being to implement an environmental monitoring program prior to development which is designed to detect impacts from development on local water and environmental values. The Coulson Area Environmental Committee has been established. The Ministry of Natural Resources is presently chairing the Committee. It is from this position that we present the following comments for your consideration. Conditions imposed by the OMB respecting the natural environment of the property are quite clear. For example, in addition to the required monitoring noted above, Schedule XI of the OMB Order regarding the content of the Zoning by-law amendment for the Buffalo Springs development, states in Section 4: "11.2.2.2 Buffalo Springs, Part 2 and Lot 3, Conc.9 a) Notwithstanding the provisions of Section 11.2.1 of this By- law, those lands comprised of Part Lot 2 and Lot 3, Conc. 9 as zoned on Schedule P, Map 2 as OS2-2 shall not be used for the erection of any building or structure or alteration of the existing natural environment. b) The OS2-2 zone shall have an absolute depth of 16.0 metres measured perpendicularly from the identified OS2-1 Zone and measured parallel thereto. 3. . . Mr. B. Schumacher Construction Activities - Buffalo Springs Property September 3, 1996 Page 3 11.2.2.3 Buffalo Springs, Part Lot 2 and Lot 3, Conc.9 a) Notwithstanding the provisions of Section 11.2.1 of this By- law, those lands comprised of Part Lot 2 and Lot 3, Conc. 9 as zoned on Schedule F, Map 2 as OS2-3 shall not be used for the erection of any building or structure or alteration of the existing natural environment. b) The OS2-3 zone shall have an absolute depth of 20.0 metres measured perpendicularly from the identified OS2-1 zone and measured parallel thereto." The noted zoned areas are defined in the attached Schedule A. The removal of a large number of trees, and the disturbance created by heavy machinery required to remove the cut trees may impact some of the sensitive areas or resource values. On considering the intent of the noted .conditions of approval, we wish to make you aware of the potential for your project to hinder the abilities of the developer to address the conditions of the draft approved plan of subdivision as order by the OMB. We recommend that you familiarize yourself with the requirements of the developer with respect to the OMB Order. We strongly encourage you to discuss your plans and their possible implications with the land development company in order that both interests are protected. , Should you have any questions do not hesitate to contact the undersigned at this office. Yours truly, Graham Findlay Chairman Coulson Area Environmental Committee (Fish and Wildlife Biologist, Midhurst District) c.c. Mr. Mark Stagg, Township of Oro-Medonte Mr. J.R. Mills, Ontario Municipal Board Mr. Dave Arnill, Seeley and Arnill Aggregates Inc. .. 'THE. PEANNING, , " 'ACT '. " ..~..... POLI.CYSTATEMENT " Ontario',' . '. .. , ' ;.- ..~ ~. "',<:;' . .:.~". . ". ....,i.:-~~.:O.T_:~: Wetl'and!S:".,~:~,,~:t:i~~'i~{/,.. ... " " ,... ',: :;~;'~; ,'. ,',' '~~~~\;~~~711~M~~';/~~~';" .. , , . ," . "~,;:~~l>~',, .,'~, A Statement of'Ontarlo Govern . ~ . -: ", ." '. .... ....~', - ." --. "'- '-' -.">' . . . -. .". '. . -", .:'.:.',' .",.i:-,t:j.' 'pOlicy'iSsuecl ~ndQr~th~ ~lt~~(f. of, ~ion 3 of t~:~i~nnnjg:.~j'. . .fi:ki,~}.'Jii!r~if;i:~~~~i~;~( ~:.:~. r .. , e ~ - ~ e THE 'PLANNING>ACT1983-SECTION 3 3,:. (1) The MiIDster,or theMinis~rtogetherwith any otherininisterofthe Crown~'~ay from '~to .tiIII~-lssue~licy~~#~d1at have.been approved by the' Lieut~nantGove1J1()r inC~on m?ltterS '~~:!91mmicipat'i>lanriingthat in the ' opinion ofth. e Mini.' ':'~.:.,.' ; are. . ',?fproviJlcial interest....),),.,,',. ':. .' . . '" -,.', : ..... -.:.,' ',', . - " ".. . .' '.. . . . - . " . (2) ".~.&fo~issuing ap6licy';~~~iri~;j;~:~er shall c~':~ith.~lL_. ' municipa1,pro~~;federa.I;oi ~~~~'1tIld.-'~'_<>f,~I"S()ns..as;;~-Mma~ter~' conSiders pave 3ij." st:'" ' ' " , " . .' - .' " . ....>,> .,-':.. .,' : ..,~ '..f":~'-,~ . '. AUTHORITY This document is prepared under the authority of Section 3 of the Planning Act and is the Province of Ontario's Policy Statement on planning for the protection of Wetlands as a m,atter of Provincial Interest. This Provincial Policy Statement: ' · is issued jointly by the Minister of Municip~ Affairs and the Minister of Natural Resources; and, · ' gives direction to' municipa1ities~ planning boards,public~gencies. the private sector arid others for theptotectionof Wetlan4s. GOALS, · Toachieveno'loss,of Provinciaily Significant Wetlands., . -. '. . . - ~. , - · To ensure that Wetlands are identified andadequa,tely. protectedthro~gh thelcind useplanniitgproces~ . . ".' " ' . . '.... " . '. " . . OBJECTIVE :.-. The objective of the Province of Ontario with regard to W;tlands. is dii'~e...fold:" Through a variety. of prognims, of which this' policy is one: 1. to ~J1s~re no l~ss of Wetland Funct.ionor.WetlandArea ofProviiicially'Signi[icani':: " , WetlaruisinJhe Great14~es~Sr;lil".Vr.imi;eRegion; .. ',' '>:' ..~,.;:>< . : ..... . . ~ .:" '", :'~ . - ,-'-. - ,.: '-' -'.. : :''''~''''''--'~'>\ .~:. '. 2.'c to ensure' no 10,Ss ofW etla~p'U'ncti~."of,Provincially Significan.i'Wetlarids'~i.ii;""'C.' . B~~eal~eg~on; 'and~"';'::'~:",;;,:;>"~,,,:,::; . r", <... "-:"::{'::'!..~:,:'~::~':';.::,:'~~~4i~~t, . ~ .. ~.., ".... ~. '. ^ ,;~._~ _ M~ ........,;;;..:;:~r,... ''3. to enco1,lrage the conserVatiQD O'f,Othet.WetlandS (e.g. Clas_-4: td7~:. .,' ~..,. ..... APPLICATION.; 'j~~'.:;i'&i;~~~I;" . .~. ',,;. . This Policy Statemerti'is to ~. applied tofrovi~~ially.sl$~i.fica~, throughout Ontario;.~' ". . ',": ~ " INTERPRETATION" . .. . - Thisprovincj~ Policy.Statement: . . ' " ..... . · . ;repiaees ~ ..Gui~linesfoiWetland.Mai1ageqientuj, Ori~~~{f' Minist~'ofNatUra1 Resources }n the' Legis1a~e. in A~ri( , . ~ .. . D'.., ~ e )~ ,e ). (I i i ., ~ : " ., .1. 1 ~C\- . takes effect on the date of publication in The Ontario Gazette and applies to all planning applications under the Planning Act. . does not supersede or take priority over otherpolicy statements is~ued under Section 3 of the Planning Act, or any other policy approved by the Lieutenant GO\ cmor in Council. BACKGROUND Wetland Benefits Wetlands are essential ecosystems and parts of ecosystems. They provide continuous, sustainable environmental, economic and social benefits that contribute to the high quality of life in Ontario. Not all of these benefits are easily translated intoeconornic'or htiman-relat~d values. Some are ofintrinsic ecological importance. For convenience, they can . be grouped into biological, hydrological, and socio- economic benefits. Wetlands:. . . are important for the control and storage of surface wate~and!he rechar~e:and dis- . charge of ground water; . maintain and improve water quality, aid in flood control, andprot~ct~shoreIines from erosion; . trap sediments whi.c;h~Wo1ild'otherwise fiU watercours~s;' . .. . .' . support and initiate complexfood cl:i~ins which are ultimately essential {(fa spectrum of living qrganisms, inciudirighumans; . . . . -.. ......., - . . provideimp~rta~i habi,tat fo~.~~i(ie.N~~tyofplant' and. ~!m~r~P#C?i~s(; .... " > -. .."~ ,..--, , · immobilize someco~tamimirits: a~dli\ltrients;: .. . .... . ' ~:.,>' .,.'. .:.<L'.{..;c}~: ~:i:' . . reduce other contamirtants ,to' less clam aging cornpound~;<, ,:~:~:~~~q.:;;.,; , '. . .'{ r.',>."" .' ..,i,+,~;,:;:",..:~;:i;' . assist-in m~intaiillng--~teiquatjtyinadjacent laICes.and-?(..::...... '<. . . . .:3i.. . ."."r';J.if#-~>Y; . ", . . .... .. . ....... . ...;'.~:.;~t ." .0 . provide valu~ble te~ourceP't04ucts,~chastirAber,.fish;:ari4. \~)it" . ". - - . ' . - . ',: ' .' ..'.~'. .. .,": ,--.... -,". -:.. . .' - . . , -, - -' . - --"" -. . ~ - - - - .' .. :,~,,:,;:<'_:":. ....~,,~':;.._:'--~~'.. . contributesubsrantialeconomi~'arids6cialbenefits fo, thePI'Qv~~;t~;P."i"}! . provIde active and p;ssiverecreatiomii oP;rtutri~~~ irt~;~e~~~~~t~~ : . .'. ...".... ,.... -' .' .',,::":' " ,~>/,;;,:::,~ Serne benefits.ofOntario's Wetlan.dsare enjoye4 throughoutther,est ()(North,~m~Ti~~.: sion-of such features as staging aJ1d bree<Jing.na)Jitat fottriigtatoly.:waierfQwt;:, .are local, influencing either the area near a wfttland, or the :WaterShe~~irt':~bifh;' - ,. .' ". . ........ . '. . ". .' '/ :).;{t!~<:fC~:':'~~~~'~;/, Having abundant Wetlands' in northern.Ontario doesiiot,cOrnpen~~tel#.{I~~~:" '.esQuth. Many of the benefits can only come fIpm'W etlands situatedhearbYAIi5\V.~v~rt::,:..,..,~..j:...:"",.,.:.,~.'..'.~"....._:...'.'.',::,,~".'",.;..'."~...'..'.'.,'..:,.::.',:.'..,....:.I.~ment have depleted . Wetlands in many localities .in -the southern portioI!~ .~ttli~ifu?\ti-_ '. ' :::- '. ...,. ;:/.:..::.......:.:..;.'~-~...~...:-....~...........;.....:...;.:.~...~.......;::,:~~,: . 0 ... . ..... ..'.i~~i;ir~'~; ........ '. ~ " Furthennore, in any locality, the position of a wetland within a region, in combination with iis other natural features, may be such that it provides more benefits than neighbouring Wetlands. This results in ahigherrelative "value" or relative importance of this wetland, and therefore results in a ~igher wetland classification, the numeric rating resulting from wetland evaluation. If individual Wetland Areas share Wetland FunctiQns and are interconnected ecologically, they may be considered as one Wetland Complex and evaluated accordingly. Lands which are not wetland but , are Adjacent Lands, are also important in the ecosystem that extends beyond the wetland boundary. It is in such Adjacent Lands that .migratory birds may choose nestirig shes, ,rich timber resources grow, natural ~rainage patterns supply water to, and drain the wetlapd, and cultivated crops may find relief from drought. co.nditions. ~ . Wetland Loss; Over three-quarters of the ot;.iginal WetJands in southe~ Ontario below the Canadian, Shield have been' lose.This loss is continuing as pr€?ssures escalat~from competing land uses. Activities including land clearing, drainage, dredging andfi1ling, continue:to place pressure on Wetlimds, , ' " . '. , ' . ' . . .. ' North of the southernmost boundary of iheCartadian.ShieId, wetlandldss is also becoming significant, especially near urbanareas and albng'sh9relines oftheGre~tL~kis,and()therbodies of.wate'r. In contrast to the south, bogs in broad areas of northerri.OritariQat'~exteri~~,andwell:;'dispersed.~How- ever"other Wetland Types are relatively scarce and'may be je'ppardized bycomp.c;tingJ.aild uses such 'asind~strialand recreational development. ' ' ' ",",',,' , ::~'i#f:::,i~,r"~ ' .',...., .,.... ..,.-..'~ "; Recognition qf the impQrtance of Wetlands, yombined with aconcernJ()rwetl~dlo~ the Province h) develop a comprehensive Wetlands,managem.ent,prograffi~<":,;:>, .,~,. .. . . . .',' '., . ~ ' ".;' '.' ,. .', .- .',,' ;..... ; "".' ....}..:..., .. " ' !:'.-.> <~'.:{"7~~:<i:.,.....~. '. ...,." ....~' ',. ~ ;:'~ <.'1. ".:~~:...!:~::, ,".':- ::,'. ~;':.:j"!:. ~.-:-..,~ '--, Who ,Manages.' Wetla.TJds in,O.Qt~ri.o?" . . .. .,' :. 4;....:: -;' .:.' .; ",~ ". . '. . >' - , . . . W e~lands in Ontafioareheld;inbp!~,~'ic3J\(f:pfi>vateoW9 corporations and, govem~ents'>", ":~~ff~~';l~:\~.:'*~t:'~;, (', >'O:~', , ~ ".'. ~. ',:':;,~'.t;;??~>:,~:;.~";,,:,,/~,, " ',' . "":,:' . - ,There is no provinciC!lJ~gi~~ti()J1,ihat~~~lfi~ly,add,tesses,,;,. tion and con$ervation of 'Woe ' n~s. ,fl9\Vt!y~r.,Wetlandsplay.tiC;!',' under a vai-iety' of provo -,,':>,:lJte_$;I~1\fdi~;the. CODSe~V:~: 'c Lakes arid RiverS Impfov.~tlieDfAd~,~'puJ>ncLands,Act: , , " ,," " ',,:' ,: >', ':~'~;J:~;:x'::;;:';> \' . " ',;~:';:;. Many Wetlands'Jnc.hjde:fish h~bi,at'an4,iherefore maYC;1in ,P~:~9~;:, federal governmentthroughlhe habi.tatprotec~ionpr:<Tsi<?ns,~r'~>,.,., . ,,< . .... .' ..;'.'~ .' .'. ~:, .,' ';<:~"'{'" ',":;::~J;;r":\'.'~~,~;:~?~~~:; ,.,:~.~..-. Many- Wetlands have already been recbgnizedf6ith~!:abund~rh~{':':,,~idu. und~r some form of public ownership sU9h ~s 'Provindal Parks/Provi~ciaIWiI(llif~ valion Areas. Several Wetlands in Ontario ate NationalWi1dilfeAreas~;mai1a '.:' ' . . .. .' ".' ~, ,'. ,. . ,.' .," . . .' . ';, '.. .~', .: " '::""':"') . ':L....,:",~. Canada under the Canada Wildlife Act. ' Wetlands are also iiuiluaed:"'>';' ", often as. part ?f coui1t~ orie.giona'lforests: "",.. ,'<' ~ . . I > " '.~" '" /.,'" ',' ..', ;,:,,~"'J,:.,:::j1:~~':;/'r An increasing numberof privatecitizetis ill'S6m;mag~.W~t!~Z~ prope_rty, in sustaining moi~ture~ providing fueland otherre~tf~}~," recreate: ""$<<tt .. , ' B< " e e I e I I I f. 1 - -- e.e . i . ! ! I . f . . . The major responsibility for management of Wetlands in Ontario, however, is that of th~ Province. The Province not only oversees the municipal planning process and other processes by which Wetlands are affected, but is also the major custodian of land, which includes all Crown Lands withil Ontario. Ontario's Wetlands Management Program The Ministry of Natural Resources (MNR) has beeh developing and implementing a Wetlands. management program for more than a decade. In 1981',. the Ministry released a discussion paper title. "Towards a Wetland Policy for Ontario" that.contained estimates of wetland loss in southern Ontari( . and discussed wetland values. The public response overwhelmingly supported the development of a provincial Wetlands policy to protect and conserve Wetlands.. . '. In 1983-84, an evaluation system for Wetlands was developed by the Ministry of Natural Resources and Environment Canada. This evaluation syst~m would be used to identify and classify Wetlands south of the Canadian Shield, on. the basis of WetlandFUhctit!nsand fe~tures. . . In '1984; the Province introducedthe."Guidelmesf~uWetla"4sMan~gement't'which stated t~e gove] menCs concern ov~r wetland loss and expressed We!lands ~~.i1g~~entobjec.tives and strategies within the context of the municipal land use. planning prQc~ss.Tliese Gllidelfueswere released to alJ municipalities, provincial' government agencies. and interest gr6up~. aitd\vereeffkctive in ~sing. public awareness of the imporiallceof Weth1i1ds. .'" "~.~ :~\~:~.~,:t . '., . ..'~' . . . , ... ,- " '- __ " ,"../":_" ,;>.,,~._,~/{1:~~> Over time, the evaluation &ystein was also used foroth~rre.latepjnit;i~... Resources, Ducks Unli~ited Canada; and Wildlife Habitat Carulda,-iil'a:cOo use of classifications (i.e. the result$of wetland.evaluationsYt()' assist!n~.' .. .'" . ......, , " ,- . - , ,~, '. _;" ,_' : .,,'....".,-,~~...,,- 'c><:": threatened' Wetlands.. The COQsetiation Lan4T~ -Reducii()t;\;~gfayi~8nJi.. Lands Act offer tax.rebatestolandown~.C?fClass'I:4 ~d\~~fJ'etlci~.:."'.... incentive to leave Wetlands in their natural state.-:..-,:;~ ~<:';~g).:','~:.:.;:~::;'.:;;: . ' . -'~,.'::",,"~','.:_<:;',.:..;-~,~' '.~~;~ ~'. '-' '.', . Wetland' h(ibitat dev~lopmeri~. ,secure~ei1t.and protecti()rk~tif' North American Waterfowl. Manageroen(P:l~,:in' Whicb.-aU" management in Nort~ AmeriCaJu;e;.\v~g,in.p~ers .....~. addition, OntarioisinvolVeg.ij1 conduCting' and suPpal1iIl' ' Through .the Car?l~;.~~;'~;oi:tt<irio has..in?i.":i:~(f~~k threatened Carohmant'W:.:WetlandS ~ alSQ prp, "_"' _'"'?:":"~,~,;.' '>''"-'.'' :-'. _":,'_ c.' :,' , ......--.. sentative habjtats (suCJi{ ... .i'{~.~:S<=je :,: . and managci:iienr of' flsit:" 'at1:man~~ent;9f sf" managementp-rogiams. .... .... .:~.~~i">:;'~' .... " ~ .- ">'{11:~f':~~<;'~::'c".i~.i~ . --...----. . , .~ . . :*' ".< , ..."....~/.........: '. '). ......... " . ~"""-'::>-. .--'.. .- , . POLICY His the policy of the Province of Ontario that: ~ 1. General 1.1 All planning jurisdictions including municipalities, planning boards and resource.m~mag~ment bodies within the Province shall protect Provincially . Significant Wetlands. 1.2 Where Provincially Significant Wetlands have been identified, all planning jurisdictions, including municipalities and planning boards; shall incorporate policies and protect Provincially SignificantW etlands'in offiCial plans; zoning by~laws and' other. develop- merit decisions under the Planning Ad. 1.3 All planning jurisdictions, including municipalities~d planning boards'are encouraged . to protect other Wetlands that are not provincially sigt:lificant; . , 2. Great La~es - St. Lawreri'ceRegion . . -,:;:-.~-..:~ -- ..: : . .' . . '. . :J~} ":~(~;~;\'.: 2.1 2.2 Development shall not be permitted withiri ProvineiaUy SJ~nifiCa.n1;;'J!;et~~{ ". . . ," .,' " " . , .,.,.. ,.' ." .....,>2~;.'1~~:*.;;;.;\.t.....":~... On Adjac~ntLands, Development may be pemiittedonly if,!t~d~:~Q~ <'.,: '~y o.~ the following: .... ' "':'.::':,~1?;r~:.\" .~,t .:. .:..... ;t'. .:_:-:"~:.'.> /~-.':"~Jii:;,' 23 a) loss of Wetland Functip1is; ,.' b) ~~:=~.~.~~~~~w~~~~u~ c). conflict with.e~~~tihg s~~~~~~w~tl.~4 mari~g . d) loss of c()nti~Wetllz..t.lA!-e4.' . '.' <~'~f~~iJ"~.~'" ~ -":;~~.::;";f:.:~~:';:_"~'::':';'~": :., ..-:~ -' This shall be de~~te.d'~~ an'EnvironmentaI11li]H1.Cl' . accordance: with esta.1;>lisnedj>IOcedures, and ~anied 'outf;) to d) ~nclusive. . . _ _ . _ ~'. " .' _..:_ _' ' . . '~':". ~ .' '" " " . '.'_.'~ ,;,~._~.~~r~ . On Adjace;,tLQnds,'~stahlishedA'gTje~'Acti~$:arii.~~' ".,. u + _c. 1 . . ....... ",-.j "'.- _:'~~... ''''_.;' .'-. . 'r;~:, . .... . ",' ", ~ .- > ,<.:.;t:~:-:~.~. . .;.,,~:;;tb:;'#1~~istin,g' :"":"'!":""'r . ,'. -' m'. \' - - ,- .. ~ \ t - 3. BorealRegion 3.1 In Provincially Significant Wetlands ,and Adjacent Lands, Development may be permitted only if it does not result in any of the following: a) loss of Wetland Functions; b) subsequent demand for future Developmentwhich will negatively impact exist- , ing WetlandFunctions;and, , , c) conflict with existing site-specific wethind management practices. This shall be demonstrated by an Environmental Impact Study (EIS), prepared in accordance with established procedures, and carriedout by a proponent addressing a) to c) inclusive. On AdjacentLands, established Agricultura! Activitiesare peffilitted without a EIS. 3.2 4. Approval Process for Utnities/Faciliti~s 4.1 New utilities/facilities shall be 10cated6~iiicfe'p-'~~ikciizj"s~gllifkant:~et1i{.. wherever possible. Approval authoritIes shall consid~I'~lfufJ:1atiV~Ineth()(is aiuL. measures for minimizing impacts on Wetlflnd:1ril1lc: . "....:c.'. .;:-:: ;ew' "1>ro~s to construct transportation, communication,saniratio .,,:. ',~,.. ' . facilities :in ProvilicmllySignificantWetlands. "<'t,~, ... >~..-:-:': .:~ '.;t'S,.~L "", ~ '!. -~-' " IMPLEMENTATION All planning jurisdi~tions, including municipalities and planning boards, shall have regard to this Policy Statement in their decisions affecting any planning matter.)n this way, the Policy Statement will be implemented through official plans, plans of subdivision, consenh, zoning by-laws, minor variances and other planning tools. Existing planning documents shall be revised to reflect this policy statement as evaluation 'information becomes available and at the time of ,scheduled reviews. Municipalities are encouraged tojncorporate t~e provisions, of this Policy Statement by amendment to their Official Plans as'soon as possible. The Ministry ,of Natural Resources, (MNR) and the Ministry of Municipal Affairs (MMA) wili jointly administ~r this Policy StatefQent,explain its content ,and give adviceon-its application., , " The Ministry of Natural R~sources will provide wetland'evaluation information to municipalities on a priority basis, and assistance jn interpreting thatinforinationas eval~ati()n informati~ri becomes aV,ail- able.' " The Ministry of N at\}ral Res~urces, jnco,nsu1tati~nwiththe Min.istry ()f MuniCipal,'Affairs, will issue "Wet lands ImplemeI1tatibnGuidelii1es~' ~q,:~s,sistJ)!~ingjuris4ic.tiqng." including municipalities and , planning boards, in implementmg'thiS:ro~y State~~~;'Th~',Oui~elfii~s'Will:'Cpn~ 'approac~s f()r ' pr~tecting . Wetlands iri ,official pl~ns;zo~iD.~~y-~~';ang~~r:J>J~~gd.?C~~ntS;,Miriistri~ and agencies having an iriterestin W e.tlillids,(e',g.'the Mi1listry,:<<?(A~l~' and:-F9Odand .the Mmistry of , the Environment) will provIde. input to thephinriingpr~~,\x'.><:,~~;;:," 'H ';'" ,: ,,~ " , Application 'by ,Conserv~tion Auth~rides6fFi1r, Cd~~t~~Y~;~~$i~.~,'"., '~i,C~~gUlations . under theConser-yation Authorities Act. wHl assist in,the1n1Pl~iPeij", " ., .IJ1ent, where ProvihciallySignificaritWe.tlarids',~ecorttaIned ~ithil1'l~:';' " - ," . . :.:'~.': ",:,. '.' -, .' .:---",": " . <'~::'~-~. . , ", /' .'; . .,~,. -:" WETLAND TERMINOLOGY ,.--~.. ...-- - - ---. ~--~- . ----~-~~ - , \ \ I / / WETLAND AREA , ( I '/ : I ~ I ~\ ~\ ~\ ~~. .,\ ~~ ~..' ~.. ........... -,: ,', 'i;',~'~'f~c;i~L. ',:' :'}'../' / '" ".., . "L!, ' ':W~rti~D:A~A ' I'. ~~~;.."~~fi.;f$WAMP :'!' ~. .... ., . .',':. B~undaryQf~eth:md Com~l&x : . .' . Bou.ndarY ofWetlariQ I\rea: . . .Boundary 'Of Wetland Type. , . , Boundary of Adjacent Lands ',... .. .. A CONCERN ABOUT THE BUFFALO SPRINGS REVISED DEVELOPMENT PLAN ORO-MEDONTE COUNCIL APRIL 21, 2004. Patricia Woodford The evidence that I would like to present refers to the number of wells being drilled for drinking water and the amount of contamination going into the wetlands from each lot. InSeptember2003, MacNaughton Hermsen Britton Clarkson Planning Limited prepared a Revised Development Plan for the current landowner, Georgian International Land Corp. In this Revised Plan it states that 117 individual estate residential lots will be serviced by individually drilledwaterwells. In the original plan that was considered by theOMB chaired by J. R. Mills in 1994, 230 lots were to be serviced by a communal water system. Each time that another well is drilled, there is an added risk of contamination and it has increased from one to 117. No\VGeorgianis.. saying that if the. Township of Oro-Medonte does not grant them the re-zoning thattheyarerequesting, they will go back to the original Subdivision Plan. Have they considered thatpart()fthatplan includes a communal water system? They would be paying for the cOlI1J11uIl~l)V~tersystemwhere as the individual lot owners would pay for the individual wells. Therepres~ntatives from Georgian have been saying that the new Plan is more "environmentally friendly" th.an the original. In terms of drinking water wells that is not so! Dixon HydrogeoIogy Ltd. is preparing.a Ground Water Study for Simcoe County. On Wednesd~y'NIarch24, 2004 Paul Dewaele of this Company presented a report to the Oro- Medonte>Council. In it he stated that wells in 3 communities in the Township including Craighurstshowed signs of contamination from surface water. This finding indicates that surface water is <irainingintothe underlying aquifers. Each newWelLprovides an added chance of contamination. In going from a communal water system to 117 weUs.the chances of contamination have been very greatly increased. Many areas in Oro-Medonte, including Sugarbush where I live, draw water from these aquifers. In the 01\.fI3Report (1994), the concentration of nitrate nitrogen was to be limited to a maximum of9mgiL.Jagger Hims Limited prepared a report on the Hydrogeological Aspects of the proposed New Buffalo Springs Development. Using the figures in this report the concentration of nitrate nitrogen coming from each lot directly into the wetlands is calculated to be 16 mg/L This. concentration is well. above the maximum permitted by the OMB or the Ministry of the Environment. Accordingtothe OMB Report before any building can begin at Buffalo Springs two years of environmentalmonitoring arereguired. .1 am a member of the Monitoring Committee for this Subdivision and so far the Committee has not seen any report of this monitoring having been started. Much of this monitoring concerns water. I requestthatthe CouncilofOro-Medonte consider this addedriskof contamination to the water of Oro-Medonte very carefully before making a decision to allow for the re-zoning required for this subdivision. 9b " , ... qc- j Jarratt-Coulson & District Community Group Inc. R.R. 4, CoIdwater, ON, LOK 1EO Phone: 705 326-9849 - Fax: 705 329-0599 Deputation to Oro-Medonte Council - April 21, 2004. Concerns regarding the Buffalo Springs Revised Development Plan: On April 2nd, the Jarratt-Coulson Group sent a list of our concerns regarding the Buffalo Springs Revised Development Plan to the Planning Advisory Committee. As members I trust that all of you have reviewed that document and rather than repeat those concerns, we can focus tonight on providing some additional information for your consideration. We offer these, not in order of priority, but to provide more detail and context for the proposal, which still seems to be evolving before you. At this point, Council still does not have a definitive development plan for this property to properly evaluate. Instead, we have a piece meal concept which selects bits~nd pieces from the originally approved proposal, as it suits the proponent. - We believe it is important to recognize that the OMB is still the authority on this development's status. If the OMB's (original) ruling is reconsidered - the whole issue and all of the principles must be reconsidered, not selected fragments. Context is an extremely important factor in this evaluation process. The spirit and intent of the OMB ruling as a legal agreement, is paramount when considering if the parties bound by it, are honouring their obligations and responsibilities. Buffalo Springs has been more than delinquent in the timing and completion of the conditions set out in the 1994 OMB ruling. The previous owners large-scale tree cutting and soil disruption in the critically important upland and wetland areas of this property in fact, violate the terms of their agreement with the OMB. With regard to the spirit of the agreement, Mr. Clarkson has repeatedly stated that his client "wants to do the right thing" with this development; but his demonstrated unwillingness to bring his proposal into compliance with current environmental policies and good planning principles contradicts this statement, and ignores the spirit and intent of the OMB ruling. At a Committee of Adjustment Meeting on Dec. 11, 2003 Mr. Clarkson appeared on behalf of his client requesting Zoning By-law relief to allow the construction of a very large (3000 sq. ft.) accessory building on the Buffalo Springs property. The proposed building was not part of the approved draft plan of 1993, nor did it relate in size, location or use to any structure proposed in the approved plan. In addition, it was to be located Between two provincially significant wetlands identified by the OMB on the east side of the property. The Committee of Adjustment deferred the proposal. In Planning Hindsight - this proposal would not be before you today if a policy had been provided in our Official Plan (Feb. 1997) which corresponded with the Planning Act 1990 whereby: an approved draft plan of subdivision is given 3 years to satisfy conditions set by the approval authority (Oro-Medonte). The proponent must contact the authority within this time and provide justification for an extension, or the approval lapses. Jarratt- Coulson and other Ratepayer Groups within our township have been requesting such a 'sunset clause' be added to our O.P. - for several years before the scheduled (5 . ... to qc-~ -2- year) Official Plan Review. During the O.P. review process we again made this request and received repeated assurances from the township's planning consultant that this revision would be made, and that a formal process by resolution would be to withdraw this draft approval under the provisions of Section J5 in the existing Official Plan. After protracted delays, the process was actually begun with a formal recommendation from PAC to Council on March 11, 2003 - before the Buffalo Springs property was sold. Compliance with timing and environmental policies, even within the original development plan, definitely seem to be a problem for the new owners. In February 2004 representatives of the Jarratt-Coulson Group met with Mr. Clarkson and Mr. Bunston of Georgian North Lands to review their current development proposal and in the spirit of co-operation, offer our input as the plan evolves. At that meeting we were provided with several Addendum Documents of Support which we subsequently reviewed, and provided a list of our concerns to Mr. Clarkson on March 25th. Mr. Clarkson acknowledged receipt of our List of Issues, but we have not received any response to date. A copy was also provided to the PAC on April 2nd, as mentioned. Unfortunately, well water contamination and water shortages (current and projected) have become far too common a news event. For example: The City of Waterloo, which has an 80% groundwater dependence - projected a major water shortage by 2030 - subsequently, they are giving consideration to a pipeline to obtain supplies from Lake Huron (or Lake Erie, although it is a distant second choice due to its polluted condition). In Brantford on the Six Nations Reserve there is a major contamination of their wells and possibly their aquifer. In our own back yard according to a Study by Dixon Hydrology for Simcoe County, we have well contamination by surface water as Pat Woodford has already outlined. This brings me to another concern. - Hydrogeological Assessment and the potential for interference with local wells: As previously referred to in our Issues List regarding the Addendum Documents of Support for this proposed development - the Jagger Hims Ltd. Report concedes that there is likelv a direct hydraulic connection between the water table and intermediate aquifers (and no testing has been done at the site on either). It also cannot be concluded that there are not similar connections between the intermediate and deep aquifers (via windows in the aquitard layers). The Henderson Paddon Report states that during the testing of production well PW1, "there was a small amount of interference observed in the two domestic wells (Ego and Hall) that are developed in the intermediate aquifer". There is still a shortage of factual information available on the sustainable water resources available within the Oro Moraine. And since ground water conditions are not visible, hydrogeologists commonly use models to describe the hydrologic regime. The acknowledged lack of testing done at the Buffalo Springs site has placed a heavy reliance on the testing done by Gold Mountain Springs. We believe this reliance is misplaced as was indicated by Chairman Fish in her OMB ruling regarding the Gold Mountain Springs appeal of 2002. .. "'" lc :.3 -3- In her Decision No. 0287 (Feb. 14,2002) PL000560, pg. 12 Ms. Fish indicated that the Township official plan requires a water resource management report for all applications for an official plan amendment, and that Gold Mountain did not submit such a plan as part of their application for a permit to take water. More importantly she states that: " The existing permit to take water was based on a single 72 hour pump test. The test is designed to assist hydrogologists in making a determination on the sustainability of the well. In particular, the test is expected to show a steady, and steadily decreasing, lowering of the water level in the well until the continued lowering of the water level is imperceptible. This is not the result of the 72 hour test on the Gold Mountain well. That test showed significant, abrupt drops well into the test period and no levelling off of the water level by the close of the test. The exact cause of the sudden drop and the failure to level off is not known. The combined result of this drop, and the failure of the well's water level to reach a steady state calls into question the sustainability of the Gold Mountain well. The issue is important not merely for the Gold Mountain operation, it is also important for the potential impact of the water taking on adjacent agricultural uses and the potential lowering of the ground water flow to other areas." - Oro-Medonte's rural and agricultural character: For a glimpse of what this development will look like and the effect it will have on the visual character of an otherwise agricultural part of the Township, visit the latest development on the east ridge of Sugarbush, above the 6th line - day and night with it's lighting on. Perhaps a 10 year (plus) delay in this properties development is not all bad - it would seem that present Council has an opportunity to make the best of this situation. The potential consequences of another poor decision could be irreversible. We support and encourage you to stand your ground on this proposal - uphold the principles of our Official Plan and protect the integrity of these wetlands. In this context, I would like to quote Mayor Craig in his reply to my Nov. 17, 2003 request for an update on the Buffalo Springs Development: "I have serious concerns with previous development approvals, particularly with designs that cut through wetlands. Any new applications for developing this property will have to face today's more vigorous criteria. It will also be subject to public scrutiny as it will be treated like any other planning application we deal with." On behalf of the Jarratt-Coulson Group, I would like to thank you for this opportunity to express our views and concerns regarding this proposal and your serious consideration of them. Sincerely, Allan Baker, Executive Member, Jarratt-Coulson & Community Group Inc. Present Regrets: \6(;\-\ . ! SEVERN SOUND ENVIRONMENTAL ASSOCIATION Minutes FOURTH QUARTERLY MEETING January 30, 2004 Tay Township Council Chamber Bill Thompson Keith Sherman Michele Locke Tom Elliott Ralph Hough David Parks Bob Coryell Paul Maurice Laurie Schutt Pat Marion Rob Coulas Janette Anderson Ian Orchard Mark Taylor Town of Midland Severn Sound Environmental Association Severn Sound Environmental Association Township ofSpringwater Township ofOro-Medonte Township of Georgian Bay Township ofTay TownShip of Tiny Wye Marsh Wildlife Centre Town ofPenetanguishene Severn Sound PAC Chair Environment Canada Environment Canada Township of Severn J \0 A. -C7 1. Selection of Chair 2004 Keith Sherman opened the floor to nominations for the 2003 Chair. Ralph Hough nominated Bill Thompson. Dave Parks nominated Ralph Hough. Keith Sherman asked if there were any other nominations. There were no other nominations. MOTION: Moved by Paul Maurice, seconded by Dave Parks, to close nominations for 2004 Chair. CARRIED. Both nominees spoke a few words to members and then a secret ballot was held. The secret. ballot resulted in 4 votes for Bill Thompson and 4 votes for Ralph Hough. It was then agreed by members to decide by a coin toss. Ralph Hough won the coin toss. Ralph Hough was acclaimed as the SSEA Chair for 2004. 2. Adoption of Agenda It was noted that Laurie Schutt stated that she had to leave the meeting at 11:30am. MOTION: Moved by Bob Coryell, seconded by Tom Elliott, to adopt the agenda as presented. CARRIED. 3. Review of Minutes and Past Business · Meeting with Paul DeVillers November 28, 2003 A meeting was held on November 28, 2003 between Paul De Villers, Gerry Hawes, Keith Sherman, Ralph Hough and Bill Thompson to go over the federal position on the SSEA and update Paul on the activities and renewal of the Association. Paul and Gerry are very supportive of the organization and offered to act on our behalf whenever they can. Letters to Danny Epstein and Simon Llewellyn have been or are being sent to get their confirmation of support in writing. We have Danny's verbal commitment but we require a long term commitment :ITom both Directors to continue COA and IJC recognized issues. ~ . Groundwater Study - Time Commitments, Progress Report Keith Sherman estimated that he has spent approximately 30 working days in 2003 on the Groundwater Study. The Ministry did not allow for regular staff billing, only contractors or consultants billing. The Groundwater Study was considered part ofthe SSEA work plan and is an important investment in the area. 2 \(J~ The Province is formulating the next stage of grOlmdwater protection -source water protection which will deal with OP amendments recognizing capture zones and land use restrictions in different areas. Tom Elliott asked if Site 41 is included in the Groundwater Report. Keith Shennan noted that in the Terms of Reference the study was to look at contaminants in wen head protection zones - Site 41 is not in the municipal capture zones. The Township of Tiny has asked the SSEA to review more documents and reports and we are involved in the peer review process. · Oro-Medonte Township boundary extension ofNVCA There have been ongoing meetings between the Township ofOro-Medonte, SSEA and the Nottawasaga Valley Conservation Authority (NVCA). The municipality fully intends to join the SSEA providing an agreement can be worked out between the SSEA andthe NVCA. Keith noted that the major issue is deciding which organization does what work so that services are not duplicated. He has a number of concerns: data sharing, NVCA wanting input into what we do - including submitting a work plan to them and the municipality has 'asked that ' we submit our Business Plan in a format similar to the Lake Simcoe Region Conservation Authority. Keith is concerned that we will not have control of our own work and if the watershed is separated into municipal boundaries it will restrict our ability to approach funders who are basing their projects on the entire watershed. Ralph Hough requested a brief summary of outstanding issues regarding this matter and he would assist by approaching municipal staff to get some of these issues resolved. Ralph will also be present at the Council meeting in February when this issue is presented to council again. · Response of the City of Orillia to the letter of November 4, 2003 Keith shared a letter ftom the City ofOrillia acknowledging the SSEA's request to join the Association. They will take it into consideration in the near future. · Status of SSEA requests for 2004 municipal budgets Keith Sherman is contacting all of the municipalities regarding the $90,000 annual municipal budget amount for 2004. MOTION: Moved by Bob Coryell, seconded by Bill Thompson, to adopt the October 24, 2003 minutes as presented. CARRIED. J 3 . \Ou, - y 4. Fourth Quarterly Report for 2003 · Approval of Report Revenues: . "CommunitylPrivate" was only $5,140 (target was $20,000) · "Projects" was $26,863 (exceeding target of$25,000) . "Recoveries" were $28,686 (below target of $35,000). There will be a new method of applying a recovery to projects in the future that will better represent this source of revenue. Expenditures · we have not spent our administration budget . there is a slight surplus of$582.00 but this will be confirmed when full year- end details are available. A completed statement will go out with the minutes of this meeting. Members discussed whether the books should be audited. Dave Parks suggested that the books be fully audited once every 5 years or when the Agreement is up for renewal. This would benefit all members and ensure transparency. The members agreed. There will also be a line added to the budget titled "Audit Expense" . MOTION: Moved by Bill Thompson, seconded by Dave Parks, that the 2003 financial records be audited. MOTION: Moved by Bob Coryell, seconded by Tom Elliott, to approve the 4th Quarter Report as presented. CARRIED. FOR ACTION: Keith Sherman will contact the Treasurer of Midland to make arrangements. · Approval of Cheque Register MOTION: Moved by Dave Parks, seconded by Paul Maurice, to approve the Cheque Register as presented. CARRIED. · Overview and Quarter and 2003 The total value of projects for 2003 was $1.6 million. Throughout the year there were a number of presentations made both in Canada and the US, we achieved monitoring stability, we were approved for mutti-year COA projects and more projects were established. It has been a successful year for the SSEA. 4 \C)t\~ 5. SSEA Agreement Renewal Keith noted that we have resolutions ftom all Councils and we will be hearing :from the City ofOrillia next month. We have a verbal agreement with Environment Canada and it looks like the Province may be at the table again for this agreement. A draft Agreement, budget and Business Plan was distributed to members for their review. Keith asked members for comments on the Agreement and Business Plan and will continue to work on these documents. MOTION: Moved by Bob Coryel~ seconded by Bill Thompson, to approve the 2004 Budget, listed in the Business Plan, on the conditions that the word "Draft" be removed and it must be balanced. 6. Date for Signing Ceremony and Reception (suggested date of Friday, April 2, 2004) Paul De Villers and Garfield Dunlop are tentatively available for Friday, April 2, 2004. Members were asked for their availability on that date. The Signing Ceremony and Reception are tentatively set for Friday, April 2, 2004. 7. In Camera Item MOTION: Moved by Paul Maurice, seconded by Bob Coryel~ to go in camera. C~ED. . MOTION: Moved by Dave Parks, seconded by Paul Maurice, to go out of camera. C~ED. 8. Other Business MOTION: Moved by Pat Marion, seconded by Bob Coryell, to approve signing authority, in absence of the Chair, to the Past Chair and the Town of Midland SSEA member, Bill Thompson. CARRIED. The Renewal Subcommittee will meet on Tuesday, February 24, 2004. .. 5 \ 0 c, - 1...0 9. Next Meeting and Adjournment There will be a Special Meeting held for SSEA members on March 19th. Time and location will be confirmed by Michele Locke. The scheduled SSEA Quarterly meetings for 2004 will be held at the Town of Midland Council Chambers on: May 7, 2004, July 23,2004, October 22, 2004 and January 28,2005. 6 Severn Sound Environmental Association 2003 Revenues (1) as at December 31,2003 Collected 2003 or Invoiced Remaining Budget to Date Federal $35,000 $35,000 $0 Municipal (2) $80,000 $80,000 $0 Tiny $5,425 $5,425 $0 Penetanguishene $9,994 $9,994 $0 Midland $17,944 $17,944 $0 Tay $14,375 $14,375 $0 Severn $8,641 $8,641 $0 Oro-Medonte $12,050 $12,050 $0 Springwater $5,993 $5,993 $0 Georgian Bay $5,578 $5,578 $0 CommunityJPrivate $20,000 $5,140 $14,860 Projects (3) $25,000 $26,863 -$1,863 Recoveries (4) $35,000 $28,727 $6,273 Prior Year Surplus/(deficit) -$1,909 TOTAL REVENUES $195,000 $173,821 $19,270 (1) Revenues related directly to the Environmental Association which do not include project funds (cash and in-kind) from partners. (2) Municipal share is based on 1998 assessment (3) Projects administered by the Association (10%). (4) Work done by the SSEA Office for the Partners and/or others. Severn Sound Environmental Association (j -~ 2003 Expenditures as at December 31, 2003 2003 Total 2003 Deliverable Budget To Date Balance Administration Undistributed Salaries & Benefits $17,000 $17,000 $0 Overall Coordination 30,000 30,000 0 Secretariate to Assoc. 10,000 4,008 5,992 Treasurer expense 5,000 3,102 1,898 Travel expense 5,500 4,989 511 Conference expense 3,500 4,352 -852 Meeting expense 1,200 665 535 Printing 1,500 506 994 Supplies & equipment 4,444 5,769 -1,325 Software upgrades & maintenance 2,000 783 1,217 Hardware upgrades & maintenance 3,000 3,084 -84 Sub total: $83,144 $74,258 $8,886 Site expenses at Wye M. Space $5,191 $5,191 $0 ReceptionIFax/Phone $3,399 $3,400 -$1 Photocopy $2,603 $2,604 -$1 Postage $2,163 $2,163 $0 Sub total: $13,356 $13,356 -$2 Prepare and Maintain Databases farm database $1,000 $407 $593 bib rehab database $1,000 $553 $447 fish habitat database $1,000 $0 $1,000 GIS base coverages $19,000 $19,000 $0 SuMota!: $22,000 $19,960 $2,040 Data Analyses Requests and Reviews $10,000 $10,000 $0 SuMotaI: $10,000 $10,000 $0 Produce Reports Annual Report $2,000 $2,000 $0 Sev Sound Restoration Status Report $3,000 $3,000 $0 Open Water Quality Status Report $500 $500 $0 Tributary Flow and Quality Report $1.000 $0 $1,000 Sub-total: $6,500 $5,500 $1,000 Documentation Complete IJC and COA documentation $2,000 $1.750 $250 Project ProposaIs&reporting $20,000 $15,000 $5,000 Sub total: $22,000 $16,750 $5,250 Monitoring Open w. monitoring: sampling $7,000 $5,420 $1 ,580 zoopI analysis (contractor) $3,500 $3,500 $0 Tributary monitoring: sampling $8,000 $6,030 -$30 flow stations $0 $50 -$50 Sub total: $16,500 $15,000 $1 ,500 Public Involvement SecretarIate supportlto PAC $4,000 $2,676 $1 ,324 Communications Developing communications materials $16,000 $15.736 $264 Displays and events $1 ,500 $0 $1,500 Sub total: $17,500 $15,736 $1,764 Total: $195,000 $173,238 $21,762 FINANCIAL SUMMARY FOR 2003 Budget Actual Remaining Revenues $195,000 $173,621 $21 ,179 Expenditures -$195,000 -$173,236 -$21,762 Balance to date $0 $682 ($5821 Idb _I TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. To: Prepared By: ADM 2004-19 Council Marilyn Pennycook, Clerk Subject: Department: Council 2004 Summer Recess of Administration C. of W. Council/ Committee of Date: April 21, 2004 the Whole Meetings Motion# R.M. File #: Date: Roll #: ROUND: In previous years, Council approved a summer recess of the regularly scheduled Council and Committee of the Whole meetings for the months of July and August. ANAL YSIS: Consideration was given to equally balance the meetings between the regular meeting schedule ending in June and beginning in September. The following, for Council's consideration, is a suggested summer recess schedule (a calendar view of the below suggested meeting dates is attached): · Wednesday, June 23, 2004 @ 9:00 am Regular Committee of the Whole followed by a Special Council Meeting to ratify the Committee of the Whole recommendations. ..I. . Wednesday, July 14, 2004 @ 9:00 am Committee of the Whole followed by a Special Council Meeting to ratify the Committee of the Whole recommendations. . Wednesday, AUQust 11, 2004 @ 9:00 am Committee of the Whole followed by a Special Council Meeting to ratify the Committee of the Whole recommendations. \db-d Special Meetings of Council may be called on an "as needed" basis. The regular schedule of Council and Committee of the Whole meetings would resume on Wednesday, September 1,2004. RECOMMENDA TION(S): 1. THAT Report No. ADM 2004-19 be received and adopted, 2. THAT the summer recess schedule be adopted as follows: . Wednesday, June 23, 2004 (CQ 9:00 am Regular Committee of the Whole followed by a Special Council Meeting to ratify the Committee of the Whole recommendations. . Wednesday, July 14, 2004 (CQ 9:00 am Committee of the Whole followed by a Special Council Meeting to ratify the Committee of the Whole recommendations. . Wednesday, AUQust 11, 2004 (CQ 9:00 am Committee of the Whole followed by a Special Council Meeting to ratify the Committee of the Whole recommendations. . Special Meetings of Council may be called on an "as needed" basis, 3. AND FURTHER THAT staff and the public be notified accordingly. Respectfully submitted, ~ C.A.O. Comments: Date: ~ I/o (oy CYJ /IL~ C.A.O.: Dept. Head: 2 ~ b- -'-- Sun Man Tue Wed Thu Fri Sat 1 2 3 4 5 Council, 7:00 pm 6 7 8 9 10 11 12 Ctee of Whole 9:00 am 13 14 15 16 -c- 17 18 19 Council, 7:00 pm 20 21 22 23 24 25 26 Committee of the Whole, 9:00 am Special Council immediately following. 27 28 29 30 \~ 3 Sun Man Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Committee of the Whole, 9:00 am Special Council immediately followin 18 19 20 21 22 23 24 25 26 27 28 29 30 31 · ugust Sun Man Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 11 12 13 14 .. Committee ofthe Whole, 9:00 am Special Council immediately followin 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 September 1 Regular Council, 7:00 pm l:lc- \ Dept. Report No. To: Council Prepared By: ADM2004-020 Marilyn Pennycook Clerk Subject: Department: Administration Council Land Transfer and Exchange, Bass Lake Cottagers' Road, C. of W. West Half of Lot 5, Date: April 21, 2004 Concession 1, and East Half Motion # of Lot 5, Concession 1, R.M. File #: L07 -005242 Township of Oro-Medonte Date: Roll #: TOWNSHIP OF ORO-MEDONTE REPORT II BACKGROUND: It The Township ofOrillia and, subsequent to restructuring in 1994, the Township ofOro-Medonte has been attempting to facilitate a land exchange with the Ministry of Natural Resources. Attachment 1 gives an overview of the area of concern. The original agreement between the Township of OriIlia and the Ministry allowed the reconstruction of the Bass Lake Access Road (Bickell Road) for the purpose of providing access to Bass Lake Provincial Park as well as access to Beach Road by residents. (Parts 1 & 4, 5lR-19595) (Attachment 2). The Ministry granted an additional area in the vicinity of Lot 19 (Part 1, 5lR-27008) for a cul-de-sac turn around. (Attachment 3). Also agreed to in the exchange, the Ministry would deed a triangle ofland north of Bass Lake Sideroad to the Township to facilitate a road realignment (Part 1, 51 R-13133).(Attachment 4) This land transfer had been overlooked in 1980. In exchange for the conveyance of the above property from the Crown to the Township, the Township agreed to - close Lakeview Avenue (Part 2, 51R-19595) (Attachment 2) and the portion of Beach Road fronting Lots 20 to 27, Plan 949 (Part 1, 5IR-32488) (Attachment 3) and convey these lands to the Ministry of Natural Resources. In 1995 the Ministry commissioned and completed a survey showing the cul-de-sac. This cul-de-sac has since been constructed by the Township. In 1996 the Township of Oro-Medonte, by resolution, declared Lakeview Avenue (Part 2, Plan 5IR-19595) surplus to the needs of the municipality; however, this road allowance was not closed at that time and the transfer of land did not take place. In September of 2002, the Ministry further agreed to complete the registration of Lots 20-27, Plan 949 and has since commissioned a survey of that part of Beach Road fronting these lots which is to be permanently closed and deeded to the Crown (Part 1, 5lR-32488). l'dc-:L In November of200I, the Clerk met with representatives of the Ontario Realty Corporation in an attempt to "clean up" the file and outstanding exchange. Since that time, the Ministry has further agreed to share equally in legal fees and disbursements to date and to complete the transaction (approximately $5,950.14). LYSIS: Considering the past history of this file, the issues before Council for consideration to finally resolve the matter are: 1. Declare the road allowance fronting Lots 20-27 on Plan 949 (Part 1, 5IR-32488) surplus to the needs of the municipality and pennanently close that portion of Beach Road. 2. Declare the portion of road allowance known as Lakeview Avenue (Part 2, 5IR-I9595) surplus to the needs of the municipality and pennanently close that portion of Lakeview Avenue. 3. Have Russell, Christie, Miller, et. al. draw up the necessary transfer deeds to affect the following transfer: From the Crown to the Township: (a) Parts 1 and 4, Plan 5IR-I9595 for the new road entrance (Bickell Road). (b) Part 1, Plan 5IR-13133 for a road realignment (Bass Lake Sideroad) (c) Part 1, Plan 5IR-27008 being the new cul-de-sac fronting Lot 19, Plan M-367 From the Township to the Crown: (a) Part 2, Plan 5IR-I9595 (Lakeview Avenue) (b) Part 1, Plan 5IR-32488 (portion of Beach Road fronting Lots 20 to 27). Correspondence from the Ministry indicates that "recognizing that neither party will experience a significant net gain or loss ofland area or profits resulting from the exchange"; it is recommended that the Township enter into the land exchange with the understanding that there will be no compensation offered by the Ministry for the portion of Beach Road or the portion of Lakeview Avenue to be closed and transferred. Section 268(8) of the Municipal Act, 2001 excludes the necessity for an appraisal of a closed highway if sold to an owner of land abutting the highway. Therefore, no appraisal of the lands to be transferred is necessary under the present legislation. Section 4.3 of By-law No. 2003-125, Procedure - Sale of Land, allows that Council may sell land directly to a landowner who abuts the land without engaging a real estate finn or selling the land by the tendering process. This land exchange with the Crown falls into this category. RECOMMENDATION (S): 1. THAT Report No. ADM2004-020 be received and adopted. 2. THAT the portion of road allowance fronting Lots 20-27 on Plan 949 known as Beach Road (Part 1, 5IR-32488) be declared surplus to the needs of the municipality. 3. THAT staffbe authorized to proceed to pennanently close that portion of Beach Road fronting Lots 20- 27 on Plan 949 (Part 1, 5IR-32488). 4. THAT the portion ofthe road allowance known as Lakeview Avenue (Part 2, 5IR-I9595) be declared surplus to the needs ofthe municipality. 5. THAT staff be authorized to proceed to pennanently close the portion of Lakeview Avenue described as Part 2, 5IR-I9595. - 2- \~c --:) 6. THAT, subject to the required permanent road closures, the Township enter into an exchange with the Ministry of Natural Resources (the Crown) for the following lands, such exchange to be affected in accordance with the Township's Sale of Land By-law. To the Township from the Crown: Parts 1 and 4, Plan 5IR-I9595; Part 1, Plan 5IR-13133 and Part 1, Plan 5IR-27008; From the Township to the Crown: Part 2, Plan 5IR-I9595 and Part 1, Plan 5IR-32488. 7. THAT there be no compensation to the Township inthe exchange oflands other than one-half of the legal fees incurred. ; R:spect~tte~ wi ~prnnYCOOk~ Clerk C.A.O. Comments: Date: () ??\ /11 /II d . \.........--~ II ~ C.A.O. L/ Dept. Head - 3 - t iJl''''- At'.JftYJ Bass Lake CONt LOT 5 \\ o I / 10.00' ~; .' .. \ '8'~ .~~ ~:: " .. x o ~ ;; \' ~ >, ~ <1 ~ '" " ;- '.'1 3: :t ci ;; ~~ '~ ~ ... ......1 ,~ ~. ~: : ~ '8 '~ ;; Z .~ ,fI,,,\I tli6O"'06''l.~~E .. 11I"'\ . ;; '\.. 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REGISTEREO Pt,AN 94-9 GEOGRAPmC TQI'fNSHlP OF soU'\1l ORlLLlA NOW IN 1HE TOWNSBlP OF ORO-MEDONTE COUNTY OF SlMCO~ " .." " " . ~- ~~~~ scldJ: \ :\100 J. C. S1AN10N O.L.S., C.L.S. 200~ 1>>0\1'. .!'~~_.!.~_;'OJ~---- ~--------------- IJI'II .....-- "'" ..... """ ,..u:s I)OA!ItOII 01 '!/fI#'JYE. .,,' --J. C.-S;,.NTON- ONT,o.RIO \)11IO su~oR ~~ QIS'!~_~ 1\11$ pVN~.u:, ~^~ cHI BE (;QI'......_ 10 fEE\' fJ1 IJI...~..- fJ1 0........ ~ ~--\.! ~~J' SASS tAKE --;---- -- / '{--... / / .I / / / / / I / / I / .y / /\ ~ / / / / / / I / f:: & ...., / / /PLAN PIN 5853\ / - 04.\7(L1) .( _r\"~40 "..31.~' C_za.8TT "'3'3S'~"E eo(S40) ii83'28'30"W pART 1 ~~...C\\ \to ~ (RE~O pVN 949) pIN 5853\ _0484lLT) "1~P2"''') ii83'2&~~ iiQiiiiG) LOT 5 PIN 5853\ - 04~7(LT) CONCESSION 1 51 i--- 3d-"+ g g :t::::::> -\ ~ ~ 3 ~ "'\ b.1 '> J/ , ./ . ./ ./ 519\\ICS) ~i;J ; /. ,~ '.. . \J' 'co ""., , ~.. ' ' IGI~ ~.Pt.l1)b... 1"/;<':::' Cz} ,W2.,,,, "" ~~3. I' 3 ."i< ~~.-.~ $.~~ 12-34'20.W 20'00' . . ," . , ' "'O";r- ...... 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PL(.N.::~~"- ~:::::- - \ [.' 37":0 \. \ \ \ \ \ \ I \ E,'/2 Lor 6 ONTARIO CRIME COMMISSION AWARD OF EXCELLENCE FOR FIGHTING CRIME Beverley Hubatsch 83 2273 Member of Oro-Medonte Community Policing Committee since 1995 Treasurer June 1997 to June 1998 Secretary June 1998 to June 2000 Chair June 2000 to June 2003 Treasurer June 2003 to current day Carolyn Weafer -326-5059 Member of Oro-Medonte Community Policing Committee since 2000 Secretary June 2000 to June 2003 Chair June 2003 to current day Achievements of Committee from June 2000 to current day: -Organized the Oro Fair booth to communicate policing concerns and explain our organization to the community. -Organized a Ski-I-Dent programme at Horseshoe Valley to engrave identification numbers on various equipment to identify in case of theft. Cost was one toonie. -Created and recognized three "Neighbourhood Heros" at special ceremonies. These were residents of Oro-Medonte who "went the extra mile" to notify the police of a break-in in progress, a house fire where a resident notified the re department of a home ablaze and remained to assist. Two pet dogs were lost. The third involved a young boy who calmly removed his young sister from a garage fire and ran to inform his Mom of the circumstances. -Co-ordinated Fingerprinting in the Schools Programme. -Co-ordination and distribution of Safety Patroller Certi cates to the various schools at the school year end. -Public education through the news media. Constant recruitment of new members. -Jail-A-Thon held at the Oro-Medonte World's Fair to raise funds for a professional aerial photograph presented to the Township and the O.P.P. at the opening ceremonies of the O.P.P. extended Offices and the Ian Beard Complex situated at the 4th and Horseshoe Valley Road. -Presentation made before the Oro-Medonte Council recognizing the O.P.P., the O.P.P. Aux. and Staff Sgt. Len Hassberger thanking them for their fine service to Oro-Medonte. -Various presentations such as "Dare" and "Youth Justice Committee" in Council Chambers, VCARS presentation, tour ot torenslc lab at General Headquarters, UKIV~WlSB presentation. Introduction of C.O.P. (Citizen on Patrol)prog. -Recognition of volunteers at fun year-end B.B.Q. Beverly and Carolyn as conscientious and dedicated members of the core executive for the Oro-Medonte Policing Committee have organized monthly education programs in crime prevention and community awareness programs that include: -Community Policing Information Booth at Oro Fair -Ski-I-Dent program at local ski resorts -Neighbourhood Heroes Recognition Program -C-ordinated Child Ident Program with local schools -Safety Patroller recognition program -Introduction ofC.O.P. (Citizens on Patrol) Program includes Community Education Programs/Speakers -DARE -Youth Justice -VICARS -Tour of forensic lab at Central Police Headquarters -Drivewire -Roadwatch -Neighbourhood Watch ~ ~] \,,-\q -\ Simcoe County Alliance to End Homelessness EO~' Dear Community Partner: ~PR 0 8 2004 Te. Email: 'i RQ MEDON \ 0 ,.O'WNSH\P __- .<~ 136 Bayfield Street, Suite 100 Barrie, ON lAM 3BI Phone: (705) 735-6838 Fax: (705) 735-6839 info@endhomelessness.ca April 1, 2004 You have been specifically identified as a key person in your community to experience an award winning interactive workshop known as The Homeless Maze. The Key Program operating out of Community Mental Health Service in Orillia and the Alliance to End Homelessness are collaborating to bring this award-winning workshop to Simcoe County on Friday June 11 th at S1. Paul's United Church in Orillia. The Homeless Maze is designed to assist people in gaining a better understanding of what it is like to be marginalized and facing issues such as homelessness, hunger and poverty. Participants are assigned various identities as they search through the "maze" of community resources to meet their needs, which include housing, food, clothing, financial assistance etc. Please find enclosed a pamphlet outlining the workshop with your registration from on the back. If you want more information please visit the website at http:www.homelessmaze.com. Space is limited and we would appreciate your response before April 30th, 2004. The cost of bringing the workshop to Simcoe County has been sponsored in part by Re/max Orillia and the United Way of Greater Simcoe County. Participants will be encouraged to pre-register at a charge of $10.00, and any funds generated will be equally split between the Orillia and Barrie Mobile Units, which provide food and basic necessities to individuals living on the street. Homelessness affects all of us and your contribution is critical to making the day successful. The organizing committee would like to thank-you in advance for your interest and we look forward to seeing you or your designate on June 11th. Yours truly, TYuv tf.~ 1vf~<9v~CO"YJl1..t'YLitte€/ Canadian Mental Health Association, Barrie - Simcoe Branch Key Program, Community Mental Health Service, OSMH Simcoe County Alliance to End Homelessness Simcoe Outreach Services St. Paul's United Church, Outreach Committee, Orillia Sponsors: RE . Supporters: Canadian Mental Health Association Key Program - OSMH St. Paul's United Church - Orillia Simcoe Outreach Services RE/MAX orillia realty (1996) ltd. Discover what it would be like if you sud- denly found yourself without a place to stay, without food and the financial re- sources to support yourself. . Who would you turn to for help? . What support services are available? . How would you access these services? The Homeless Maze is an award-winning, Interactive event. It is also a unique and powerful educational tool that helps dispel the myths and stereotyping surrounding homelessness. Audience participants are provided with an actual profile of an individual who has sud- denly found himself/herself without shelter, food and means of support. Based on the True Stories and Homeles$and Formerl During the 3-hour Interactive event, you'll have an opportunity to experience for yourself the Maze of Community Support Services available to the Homeless. These include: . Social Services . Crisis Shelters . Access to Subsidized Housing . Food Banks . Soup Kitchens . Landlords . Other Community Resources In the Homeless Maze, the roles of community agency workers are played by individuals, many of whom, were once homeless them- selves. Their roles are based upon their own first-hand experiences. Homeless individuals are best equipped as expert consultants. To survive, they are chal- lenged daily with Issues such as finding af- fordable housing, enough food, and adequate employment. The Maze Is a community economic ini- tiative designed to create employment. Through various sponsors and event hosts, Income is generated for the indi- vidual role players, allowing them to move from basic survival to eventually living as full community members. We believe in doing this we will begin to see a change in the way society views those who are homeless, Including the home- less themselves. For sponsorship Information or Informa- tion on upcoming Maze events, please contact: Len Perkins - Maze Coordinator, ~ Cornerstone Community ):) Association I (905) 433-0254 ext. 234 Please complete this fonn and forward with $10.00 registration fee by April30th-<:heque payable to United Way of Greater Simcoe County. Mailing address is : Simcoe County Alliance to End Homelessness 136 Bayfield Street, Suite 100 Barrie, ON LAM 3B 1 Name: Organization: Phone #: Directions to St. Paul's: Coldwater Road exit into Orillia from Hwy. 11 and Hwy 12. Follow to Peter Street - church is at the comer of Peter & Coldwater. If you continue past the church, a Municipal parking lot is located on the right.. Sponsors: Re/max & R61'Mft( IU'/lMK "'P. rMltyCftHltuI. United Way 'I '<!!O!. Supporters: Key Program-OSMH, St. Paul's United Church-Orillia, S.C. Alliance to End Homelessness, Simcoe Outreach Services For infonnation call: The Key Program 325-2201 ext. 3547 S.C. Alliance to End Homelessness 735-6838 Participants' Comments . . . Over the past three years, hundreds of In- dividuals from across Canada, both young and old have experienced the Homeless Maze. Here are a few examples of what people had to say... "Amazing presentation! I now have a grasp of the frustration, depression & Iso- lation that homeless people feel" "Extremely educational. I had no Idea of what homeless people had to go through. " "Realistic and enlightening! So Informa- tive. Found It to be a real eye-opener. " t~wesome, harsh, but probably as real life as I ever want to experience. " "Great learning experience! Gave me In- sight Into what It's like being on the other side of the fence. " "Very effective at suggesting the disori- enting and depersonalizing nature of homelessness. " t~ good sense In a short time of what hap- pens In an overworked system. " t~bsolutely a great teaching tool. " "Wow!! EVERYONE should go to this. II "One of the best workshops I've ever at- tended" over What It Would ike To Be Homeless perience the RECEIVED ~ APR 0 7 ZOO4 April 4, 2004 14b ORO-MEDONTE TOWNSHIP 133 Bay Street Shanty Bay, Ontario LOL 2LO Mayor Neil Craig Township of Oro-Medonte P. O. Box 100 Oro, Ontario. LOL 2XO Dear Major Craig and council, The village of Shanty Bay is fortunate to have a link to Lake Simcoe via the concrete jetty commonly known as the "government dock". Wood or coal burning lake steamers once unloaded mail and supplies on this dock. Over the past sixty-five years or more the dock has been patched and repatched and is now in poor condition. The dock requires a complete overhaul. The repairs should be completed to a high standard so that the dock becomes a solid and well-built structure that does not require repairs again for many years. The dock is within walking distance to the residents of Shanty Bay. Local children and adults use the dock for swimming, diving and sunbathing, especially on the hot, sunny days of July and August. In former years, in the 1950's, many locals learnt to swim at the dock and earn various Red Cross swimming badges. During early spring, local and out-of-town fishermen use the dock at night just after the ice has melted to net smelt. During the summer, larger boats occasionally moor at the dock overnight. The dock deserves an historical plaque. When was the dock built, who built the dock and how long was it used by lake steamers? Paul Marshal is looking for a community project for Shanty Bay and the restoration of the dock could be an excellent project. It will be an investment for future generations of Shanty Bay children and parents. The members of Shanty Bay should be consulted about the project to gain ideas about how the dock should be used in the future. For example, it might be a good idea to put some life saving equipment for swimmers on the dock. Should we put in electrical connections for overnight guests? I look forward to hearing a positive response about my proposal. Y..o. ~truly, / /"" f 0JcSb..- ~ ~ k::~ Rosaleen Crooks c.c. Paul Marshall 133 Bay Street Shanty Bay, Ontario LOL 2LO April 21, 2004 Mayor Neil Craig and Council Township of Oro-Medonte P. O. Box 100 Oro, Ontario. LOL 2XO Dear Major Craig and council, The village of Shanty Bay is fortunate to have a link to Lake Simcoe via the concrete jetty commonly known as the "government dock" . Wood or coal burning lake steamers once unloaded mail and supplies on this dock. Over the past sixty-five years or more the dock has been patched and repatched and is now in poor condition. The dock requires a complete overhaul. The repairs should be completed to a high standard so that the dock becomes a solid and well-built structure that does not require repairs again for many years. The dock is within walking distance to the residents of Shanty Bay. Local children and adults use the dock for swimming, diving and sunbathing, especially on the hot, sunny days of July and August. In former years, in the 1950's, many locals learnt to swim at the dock and earn various Red Cross swimming badges. During early spring, local and out-of-town fishermen use the dock at night just after the ice has melted to net smelt. During the summer, larger boats occasionally moor at the dock overnight. The dock deserves an historical plaque. When was the dock built, who built the dock and how long was it used by lake steamers? Paul Marshal is looking for a community project for Shanty Bay and the restoration of the dock could be an excellent project. It will be an investment for future generations of Shanty Bay children and parents. The members of Shanty Bay should be consulted about the project to gain ideas about how the dock should be used in the future. For example, it might be a good idea to put some life saving equipment for swimmers on the dock. I propose that the township ask for an engineering study to get some alternative ideas and a quotation for restoring the dock. As a minimum, the dock should have a smooth surface without all the current cracks and cavities. I look forward to hearing a positive response about my proposal. Yours truly, Rosaleen Crooks C s.c. Paul Marshall \\,QC1-) THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2004-32 BEING A BY-LAW TO ESTABLISH WATER CHARGES FOR THE YEAR 2004 WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality may pass by-laws respecting water production, treatment and storage; AND WHEREAS Section 391 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality may pass by-laws imposing charges on any class of person for services or activities provided or done by or on behalf of it; AND WHEREAS Section 398 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides the Treasurer of a local municipality may add charges imposed by the municipality under Part XII of the said Act to the tax roll for the property to which the public utility was supplied and collect them in the same manner as municipal taxes; AND WHEREAS the Council of The Corporation of the Township ofOro-Medonte deems it necessary to pass a by-law to establish water charges for the year 2004; NOW THEREFORE the Council of the Corporation of The Township ofOro-Medonte enacts as follows: 1. DEFINITIONS For the purpose of this by-law, 1.1."Municipal Water Area" shall mean a subdivision within The Corporation ofthe Township of Oro-Medonte. 1.2. "Municipal Water Systems" shall include all water works established within the present Township of Oro-Medonte, and shall further include any present or future extensions to the water works under any Act or under an agreement between the Township or its predecessors, but shall not include any private water works which have not been acquired, established, maintained or operated by the Township or its predecessors; 1.3."Owner" shall mean the assessed owner(s) as identified on the Assessment Roll for taxation purposes during the current year, as amended. 1.4."Treasurer" shall mean the Treasurer of The Corporation of the Township ofOro- Medonte. 1.5."Unit" shall mean an assessed or assessable unit within a residential, commercial or industrial building, and shall include an apartment located within a single family dwelling which is serviced by the Township Water System, as permitted under the applicable Zoning By-law. 1.6."Water Works" means any works for the collection, production, treatment, storage, supply and distribution of water, or any part of such works, but does not include plumbing or other works to which the Ontario Building Code Act and its regulations apply. I~Oj-;t BY-LAW NO. 2004-32 (cont'd.) 2. WATER CHARGES, BILLING AND COLLECTION 2.1.As soon as the water connection installation is approved by the Township Inspector, he shall forthwith turn the water on for owner. The owner will then be charged at the appropriate water rate, as per Schedule "A". 2.2. At the end of September each year, the duly authorized employee shall read, or cause to be read, all meters connected to the Municipal Water System to detennine the amount of water used during the year. 2.3.The Treasurer shall calculate water charges to be assessed against each unit in a Municipal Water Area, in accordance with the minimum quarterly charge and rates per cubic meter as set out in Schedule "A" ofthis by-law. 2A.The Treasurer shall, for each calendar quarter, issue bills to each unit based on the applicable water charges. Water bills shall be due and payable not less that twenty- one (21) days fi:om the date of mailing. 2.5.Water payments shall be payable to The Corporation of the Township ofOro- Medonte and may be paid during office hours in person or by mail at the Oro- Medonte Administration Office, 148 Line 7 South, Box 100, Oro, On LOL 2XO, or at most financial institutions. Water payments made at a financial institution shall deemed to be paid on the date shown by the Teller's stamp on the bill stub. The Township shall not be responsible for any applicable service charge payable to the bank. Cheques only can be dropped at the drop boxes located at the Administration Office and Moonstone Fire Hall. 2.6.The Treasurer shall impose a ten (] 0) percent late charge on all unpaid aCC01.ll1ts on the day after the due date. 2.7.If an account remains unpaid, the Township may collect amounts payable pursuant to Section 398 ofthe Municipal Act, 2001, c. 25, as amended. 3. That this By-law shall take force and effect on January 1, 2004. READ A FIRST AND SECOND TIME THIS 2]st DAY OF APRIL, 2004. READ A THIRD TIME AND FINALLY PASSED THIS DAY OF ,2004. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE MAYOR,1. NEIL CRAIG CLERK, MARILYN PENNYCOOK 2 SCHEDULE "A" JLPCi-3 WATER RATES AND FEE SCHEDULE BY-LAW NO. 2004-32 WATER RATES: SHANTY BAY - M-66, M-71, M-696 METERED: RESIDENTIAL OR COMMERCIAL Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters HARBOURWOOD - M-118 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters $575.00/Unit for twelve (12) Months $143.75/Unit for three (3) Months $575.00/Unit for twelve (12) Months $ 143.75/Unit for three (3) Months SUGARBUSH - M-8, M-9, M-30, M-31, M-367, M-368 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters CEDARBROOK - M-157 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters CANTERBURY - M-343 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters $575.00/Unit for twelve (12) Months $143.75/Unit for three (3) Months $600.00/Unit for twelve (12) Months $150.00/Unit for three (3) Months $600.00/Unit for twelve (12) Months $150.00/Unit for three (3) Months 3 BY-LAW NO. 2004-32 (coot' d.) \~~ - LI MAPLEWOOD Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters $575.00/Unit for twelve (12) Months Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters $ 143. 75/Unit for three (3) Months HORSESHOE HIGHLANDS - M-391, M-447, M-456 ZONE II Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters $575.00/Unit for twelve (12) Months Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters $143.75/Unit for three (3) Months CRAIGHURST - M-510 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters $575.00/Unit for twelve (12) Months Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters $143.75/Unit for three (3) Months W ARMINSTER - 309, M-I04, M-92 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters $575.00/Unit for twelve (12) Months Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters $143.75/Unit for three (3) Month Period SURCHARGE BASED ON TWELVE (12) MONTH PERIOD FOR ALL METERED SYSTEMS EXCEPT CANTERBURY & CEDARBROOK 366-545 Cubic Meters 546 + Cubic Meters $1.811Cubic Meter $1.97/Cubic Meter SURCHARGE BASED ON TWELVE (12) MONTH PERIOD FOR CANTERBURY & CEDARBROOK 366-545 Cubic Meters 546 + Cubic Meters $1.89/Cubic Meter $2.05/Cubic Meter 4 BY-LAW NO. 2004-32 (cont'd.) FLAT RATE: RESIDENTIAL MEDONTE HILLS -1650, M-29, M-174 Based on twelve (12) month period Flat Rate Based on three (3) month period Flat Rate 1". \.c/! $575.00IUnit for twelve (12) Months $143.75IUnit for three (3) Month Period ROBIN CREST - M-123, M-IOl, BACHLY, MOONSTONE PER SCHEDULE "A" BY-LAW 2002-132 Based on twelve (12) month period Flat Rate Based on three (3) month period Flat Rate SCHOOLS Flat Rate HORSESHOE - ORO 1587 Based on twelve (12) month period Flat Rate Based on three (3) month period Flat Rate $575.00IUnit for twelve (12) Months $143.75IUnit for three (3) Month Period $ l8.00/ClassroomIMonth for twelve (12) Months $575.00IUnit for twelve (12) Months $143.75IUnit for three (3) Month Period Flat Rate HORSESHOE - Medonte 1531, M-I0, M-ll, M-23 $575.00IUnit for twelve (12) Months Based on three (3) month period Flat Rate PINE RIDGE SKI CLUB Flat Rate (6 units) Flat Rate Commercial MISCELLANEOUS FEES: CONNECTION FEE INSPECTION DISCONNECTION AND RECONNECTION CHARGE $143.75IUnit for three (3) Month Period $3,450.00 for twelve (12) Months $ 862.50 for three (3) Month Period $200.00 $ 50.00 Each 5 ) b THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2004-33 BEING A BY-LAW TO ESTABLISH WASTE MANAGEMENT CHARGES FOR THE YEAR2004 WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality may pass by-laws respecting matters relating to waste management; AND WHEREAS Section 391 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality may pass by-laws imposing charges on any class of person for services or activities provided or done by or on behalf of it; AND WHEREAS the Council of The Cotporation of the Township ofOro-Medonte deems it necessary to levy waste management charges to finance the annual estimates for waste management for the year 2004; NOW THEREFORE the Council of The Cotporation of The Township ofOro-Medonte enacts as follows: 1. That the following waste management charges be levied on a flat rate basis per user: Residential Commercial-garbage collection, disposal & recycling Commercial - recycling only $120.00 $120.00 $ 35.00 2. That waste management charges be added to the annual tax levy of each applicable property and be due and payable in the same manner and at the same time as the final tax bill. 3. That interest and penalty charges be applied in the same manner and at the same time as applicable to non-payment of installments of the final tax bill. 4. That this by-law come into force and take effect on and from the date of final passing thereof for the current year 2004. READ A FIRST AND SECOND TIME THIS 21st DAY OF APRIL, 2004. READ A THIRD TIME AND FINALLY PASSED THIS DAY OF .,2004. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE MAYOR, J. NEIL CRAIG CLERK,NUUULYNPENNYCOOK \ \oc CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2004-041 Being a By-law to Amend By-law No. 2004-027 - "Clean and Clear By-law" WHEREAS Section 127, of the Municipal Act. R.S.O 2001, cA5, as amended, provides that councils of local municipalities may pass by-laws to require an owner or occupant of land to clean and clear the land or to clear refuse and debris from the land; AND WHEREAS Council of the Township of Oro-Medonte did, on the 17th day of March, 2004 enact By-law No. 2004-027 - "Clean and Clear By-law"; NOW THEREFORE the Council of the Township of Oro-Medonte enacts as follows: 1. THAT Section 1 (i) "Waste Material", of By-law No. 2004-027 be amended to add the following:: "vii. poison ivy" 2. THAT Section 3, "Removal", of By-law No. 2004-027 be amended to add the following: "The removal of poison ivy will be controlled by an applicator licensed by the Ministry of the Environment." 3. THAT this By-law shall come into force and take effect on its final passing thereof. By-law read a first and second time this 21st day of April, 2004. By-law read a third time and finally passed this day of 2004. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2004-042 \w-\ A By-law to permanently close and sell part of the original road allowance between Concession 3 and 4 (geographic Township of Medonte), Township of Oro-Medonte, County of Simcoe, designated as Parts land 2, Plan SlR- 32661. WHEREAS pursuant to Section 11(2) of the Municipal Act, S.O. 2001, c.25, as amended, Council is empowered to pass by-laws respecting highways; AND WHEREAS pursuant to Section 34 of the Municipal Act, S.O. 2001, c.25, as amended, Council is empowered to permanently close a highway after giving notice to the public; AND WHEREAS a part of the original road allowance between Concession 3 and 4, (geographic Township of Medonte), Township of Oro-Medonte, County of Simcoe, designated as Parts 1 and 2, Plan 51R-32661, more particularly described in Schedule "A" attached hereto and forming part of this By-law, is no longer required for municipal purposes; AND WHEREAS Section 268 of the Municipal Act, S.O. 2001, c.25, as amended, authorizes a Council of a municipality to dispose of surplus land in accordance with the provisions of a by-law passed by the Council, establishing procedures governing the sale of such land; AND WHEREAS Council passed By-law No. 2003-125 on the 26th day of November, 2003, being a By-law to govern the procedure for the sale of land within the Township of Oro-Medonte, pursuant to Section 268 of the Municipal Act, S.O. 2001, c.25, as amended; AND WHEREAS Council has previously caused notice to be given of its intention to stop up, close and sell the lands described in Schedule "A" attached, in accordance with the requirements of Section 268 of the Municipal Act, and the requirements set out in By-law 2003-125; AND WHEREAS Council has determined that the said road is not required for municipal purposes, and has by resolution declared part of the original road allowance between Concession 3 and 4, (geographic Township of Medonte), Township ofOro- Medonte, County of Simcoe, designated as Parts 1 and 2, Plan 51R-32661, more particularly described in Schedule "A" attached hereto, to be surplus to the municipality; AND WHEREAS, Council has received no notice of objection to the proposed road closure and sale of land from any party; AND WHEREAS pursuant to Sections 34 and 268 of the Municipal Act, S.O. 2001, c.25, as amended, the Clerk of the Township of Oro-Medonte did cause a Notice of the proposed By-law to permanently close and sell part of the original road allowance between Concession 3 and 4, (geographic Township of Medonte), Township of Oro- Medonte, County of Simcoe, designated as Parts 1 and 2, Plan 51R-32661, more particularly described in Schedule "A", to be published in newspapers of local circulation; AND WHEREAS the proposed By-law came before Council of The Corporation of the Township of Oro-Medonte for consideration at its regular meeting on the 21st day of April, 2004, and at that time no person objected to the proposed By-law nor claimed that his land would be prejudicially affected. \lDd-g.. NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. Permanently Close - Council does hereby permanently close between Concession 3 and 4, (geographic Township of Medonte), Township of Oro-Medonte, County of Simcoe, designated as Parts 1 and 2, Plan 51R-32661, more particularly described in Schedule "A" and forming part of this By-law. 2. Authorization of Sale - Council does hereby authorize the sale(exchange) of the original road allowance between Concession 3 and 4, (geographic Township of Medonte), Township of Oro-Medonte,County of Simcoe, designated as Parts 1 and 2, Plan 51R-32661, more particularly described in Schedule "A", to the registered owner from time to time of the land described as West Half of Lots 1 and 2, Concession 4, Township of Oro-Medonte (Horseshoe Valley Resort Limited). 3. Sale Price - In accordance with By-law 2003-125, Council hereby sets the sale price for part of the original road allowance between Concession 3 and 4, (geographic Township of Medonte), Township of Oro-Medonte, County of Simcoe, designated as Parts 1 and 2, Plan 51R-32661, more particularly described in Schedule "A" at a consideration of nil. 4. Execution of Documents - The Mayor and Clerk are hereby authorized to sign all documents to carry out the intent of this By-law. 5. Clerk's Affidavit -Schedule "B" attached hereto and forming part of this By-law is an Affidavit of Marilyn pennycook, Clerk of The Corporation of the Township of Oro-Medonte, setting out the procedures taken for the publishing of the said Notice pursuant to the provisions of the Municipal Act. BY-LAW READ A FIRST AND SECOND TIME THIS 21ST DAY OF APRIL, 2004. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 2004. DAY OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn pennycook Schedule "A" \\L~ -:) to By-law No. 2004-042 for The Corporation of the Township of Oro-Medonte Part of the original road allowance between Concession 3 and 4, (geographic Township of Medonte), Township of Oro-Medonte, County of Simcoe, designated as Parts 1 and 2, Plan 51R-32661. \\Dd -It Schedule "B" to By-law 2004-042 for The Corporation of the Township of Oro-Medonte PROVINCE OF ONTARIO, COUNTY OF SIMCOE, IN THE MATTER of the permanent closing and sale of part of the original road allowance between Concession 3 and 4, (geographic Township of Medonte), Township of Oro- Medonte, County of Simcoe, designated as Parts 1 and 2, Plan SlR-32661 ~ AFFIDAVIT I, Marilyn Pennycook, of the Township of Oro-Medonte in the County of Simcoe, make oath and say as follows: 1. The Deponent I am the Clerk of The Corporation of the Township of Oro-Medonte, and as such have knowledge of the facts hereinafter deposed of. 2. Publication Pursuant to Sections 34 and 268 of the Municipal Act, S.O. 2001, c.25, and amendments thereto, I did cause to be published in the Barrie Examiner, The Orillia Packet and Times and the Midland Free Press newspapers of local circulation, a Notice of the proposal by The Corporation of the Township of Oro- Medonte to pass a By-law to permanently close and sell part of the original road allowance between Concession 3 and 4, (geographic Township of Medonte), Township of Oro-Medonte, County of Simcoe, designated as Parts 1 and 2, Plan 51R-32661, described in the said Notice. 3. Copy of Notice Attached to this my Affidavit as Exhibit "A" is a copy of the actual Notice as it appeared in the Barrie Examiner, Orillia Packet and Times and the Midland Free Press. 4. Date of Publication A Notice of permanent closure and sale was published on the 3rd day of April, 2004 in the Barrie Examiner and Orillia Packet and Times. The Notice of permanent closure and sale was published in the Midland Free Press on the 6th day of April, 2004. ~ 5. Council Meeting The proposed By-law came before the Municipal Council at its regular meeting on the 21st day of April, 2004, and at that time, no person or persons made any claim that his land would be prejudicially affected by the By-law. SWORN before me at the Township of Oro-Medonte, in the County of Simcoe, this day of 2004. ) ) ) Marilyn pennycook A COMMISSIONER FOR TAKING AFFIDAVITS, ETC. Exhi bi t "A" to Schedule "B" By-law No. 2004-042 .....'1{(j......W...N.&...lt.....t.p' t9'~a~~~ , . , ' :< .' '::;,.:>. -,"':",".- .:.,.::~'?\::>~}.,~:?;;/-,:;>/"': ;':,:;./-~":.''-'-)'''< - ..-<,' _:, . , ,-' ~NJ)'11~tI1~F'I'l1ep)rporationOftheTownsbipofOro-M~onte proposes to ..Passa]~Yjla'Yto~nnan~~tlrclose and 'sell~ pOrtion ofrOllliintheTownshipof Oro- '.~w~f ,~()ijj:if. .:)}'~e~~:iiiJ;~~I1'@U1,~;'.A:>ilie~t()g<:<. )~:_,_/;~,'~:.:':,::I:' _ , ' J,-~':'~:~:;:; ,,<,,;,,~_;,-: ",:. :.:,~: . ~ ~;;Dr:~:..:~,-".:;....,::;:.:.:-:~~~:. ~:~',~:; ';_.;' ,>:"_,,,_,;, ':~<_. ", > . '.;",,' "~..' ,',:: -,;~'~~'~. . ",_\'7; -' ," . l'...ld(':I'AJQj:NOfI(JEipa!tliep~By-law wjl1~me.'beforethe.. .:.. . ~~f~~~~~~~O~~S~~j~~~~~f,J~~I~:~~t:'~...... . titq~1qqUPql will.hearWpersQn"qr i!>yJnsco\}nsel,. soliciU>-f9ragent; any'person who .. claimsthatbisland .wip.. ~p~jutti."iaI:!y~ectedpYJb:e lly..l~w. Comments may also be sub~~~writing,toih~ 'Cl~~pt"ip1'1.I).A.Pril ~1,,2<>q4.. DA,TJIDA':['.1'HETOWNSInP:()F()~Q-MiID~NrE~ In'DAY OF APRIL, 2004.. ';,~-,<._.',\,-; -:,':"-- ;'c,',,' ','C ~MaWyiI:RinnycijO~dJd:--i-~..~~;~,...;.~'f'c'""~'''''.;,.;,i.~' . .,i. ^" ,.r' .,. ,. .~'r:",~:.,..~.." .. TownsJJlp~fQro.iMedonte . " Partof:th~<!rigiJ}a1 road.a.ll9wance ~tw(:enConcessi.ons3 and 4 '(geographic Town~hip of~e4()~~),more particulll1"lyde~ti~aSJ?!iitl ai:l~PIIt.t ~2, 51R-32661, Township of . Oro-Meaonte, Cou~ty of Simcoe. . ."""".~ . '-'--.. L...~ ..~ \ \0 d ~5 Il THE CORPORATION OF THE TOWNSHIP OF ORO..MEDONTE BY-LAW NO. 2004-043 BEING A BY -LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING HELD ON WEDNESDAY, APRIL 21, 2004. THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE HEREBY ENACTS AS FOLLOWS: 1. THAT the action of the Council at its Council Meeting held on Wednesday, April 21, 2004, and in respect to each Motion, Resolution and other actions passed and taken by the Council at its said Meeting is, except where prior approval of the Ontario Municipal Board is required, hereby adopted, ratified and confirmed. 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 21st DAY OF APRIL, 2004. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 21st DAY OF APRIL, 2004. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE t Mayor, J. Neil Craig Clerk, Marilyn Pennycook