05 15 2002 Council Agenda 7:00
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TOWNSHIP OF ORO-MEDONTE
COUNCIL MEETING AGENDA
COUNCIL CHAMBERS
DATE: WEDNESDAY, MAY 15,2002
TIME: 7:00 p.rn
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1. OPENING OF MEETING BY MAYOR
2. PRAYER
3. ADOPTION OF AGENDA
4. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF - IN ACCORDANCE WITH THE ACT"
5. RECOGNITION OF ACHIEVEMENTS
a) Ministry of Citizenship, re: 2002 Senior of the Year Awards. Deadline for
nomination is May 31,2002.
b) Ontario Association of Certified Engineering Technicians and Technologists, re:
Leo Chaloux.
c) Georgian College, re: Tamara Obee.
6. MINUTES OF PREVIOUS MEETINGS
a) Minutes of the Special Council Meeting of Wednesday, May 1,2002.
b) Minutes of the Regular Council Meeting of Wednesday, May 1, 2002.
c) Minutes of the Special Council Meeting of Wednesday, May 8, 2002.
!..............................................................................
7. CONSENT AGENDA CORRESPONDENCE:
a) O'Brien House, Abbeyfield Housing Society of Shanty Bay, correspondence
from Lindsay Morgan, President re: Thank you to Mayor and Council for support.
b) O'Brien House, Abbeyfield Housing Society of Shanty Bay, correspondence
from Peggy Sareant and Ted Bigelow, O'Brien House Fundraising re: Thank you
to Mayor and Council for support.
c) Telecare Orillia Distress Centre, correspondence re: Thank you for support.
d) Wayne Gorecki, correspondence re: Park proposed at the corner of Pod's Lane
and Alpine Way, Horseshoe Highlands.
e) Terry and Wanda Sallows, correspondence re: Park/play area, Alpine Way and
Pod's Lane.
8. DEPUTATIONS:
Nil.
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9. REPORTS OF MUNICIPAL OFFICERS:
a) Report No. ADM2002-17, Jennifer Zieleniewski, CAO re: Orillia Soldiers' Memorial
Hospital Nominee
10. COMMUNICATIONS:
Nil.
11. REPORTS OF COMMITTEES:
a) Minutes of the Committee of the Whole meeting of Wednesday, May 8, 2002.
12. PETITIONS:
Nil.
13. UNFINISHED OR NEW BUSINESS:
Nil.
14. BY-LAWS:
a) By-law No. 2002-060
b) By-law No. 2002-061
15. IN-CAMERA:
Being a By-law to Authorize the Execution of an
Agreement between The Corporation of the
Township of Oro-Medonte, The Corporation of the
City of Barrie, and the Corporation of the City of
Orillia for the Operation and Management of Lake
Simcoe Regional Airport.
Being a by-law to Authorize the Execution of a
Supplementary Agreement between the Corporation
of the Township of Oro-Medonte, The Corporation of
the City of Barrie, the Corporation of the City of Orillia
and the Lake Simcoe Regional Airport Commission
for the Operation and Management of Lake Simcoe
Regional Airport.
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16. CONFIRMATION BY-LAW NO. 2002-059.
17. ADJOURNMENT:
18. QUESTIONS:
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May 2002
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Ontario
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Ministry of Citizenship
Minister
6th Floor
400 University Avenue
Toronto ON M7A 2R9
Tel.: (416) 325-6200
Fax: (416) 325-6195
Ministere des Affaires civiqU&s
Ministre
6" etage
400, avenue University
Toronto ON M7 A 2R9
Tel. : (416) 325-6200
Telec. : (416) 325-6195
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Dear Mayor and Members of Council:
Each year, the Government of Ontario designates June as Seniors' Month to celebrate the
countless experiences, accomplishments and contributions of seniors. Across the province,
community organizations and local governments host special events to recognize seniors and
the countless contributions they make to Ontario's way ofJife.
It is with great pleasure that we invite you to participate in the 2002 Senior of the Year
Awards. This award was established in 1994 to give each municipality in Ontario the
opportunity to honour one outstanding local senior.
Recipients are individuals, who after age 65, have enriched the social, cultural or civic life of
the community without thought of personal or financial gain. The certificate, provided by the
Ontario government, is signed by the Honourable James Bartleman, Lieutenant Governor,
the Minister of Citizenship and Minister Responsible for Seniors, and the local head of
council.
The Government of Ontario is proud to offer this important initiative. You may wish to
consider involving local MPPs in your selection process or presentation ceremony.
Please fax the name of your municipality's Senior of the Year Award recipient on the
attached form by May 31, 2002.
For additional information, please contact the Ontario Honours and Awards office of the
Ministry of Citizenship at (416) 314-7526.
Ontario's seniors deserve special recognition for their outstanding accomplishments. By
working together with municipalities, we can ensure they are honoured in a meaningful way.
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Carl DeFaria
Minister
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Nominating Municipali.tyffownship
(please print municipality name as you want it to appe~r on the cerlificate):
....................................................................................................................................................................................................................................................
Contact Name:
....................................................................................................................................................................................
Address:
.................................................................................................................................................................................................
.................................................................................................................................................................................
Cityrrown:
...........................................................................
Postal Code:
.......................................................................
Telephone:
.................................................................
Fax:
.................................................................................
N~m.e of Recipient.(must ~e 65 years of age or older):
.........................................................................................................................................................................................................................
Tell us briefly about 'your recipient: ..................................................................................................................
.........................................................................................................................................................................................................................
................................................................................................................................................................................................................
.......................................................................................................................................................................................................................
...........................................................................................................................................................................................................
Completed form must be received by Friday, May 31,2002
Mail or Fax to: Ontario Honours and Awards, Ministry of Citizenship, 400 University Avenue, 2nd Floor
Toronto, ON M7A 2R9 Tel.: (416) 314-7526 Fax: (416) 314-6050
Personal infonnation on this form is collected under the authority of the Ministry of Citizenship and Culture Ad, R.S.O. 1990. eM. 18. S.4 and will be used to determine
eligibility and notify recipients of the Senior of the Year Award. For further infonnation, please contact the Manager. Ontario Honours and Awards. 400 University Avenue.
2nd Aoor. Toronto. ON M7A 2R9, (416) 314-7523.
].O Four Seasons Place
Suite 404
Toronto ON
M9B 6H7
Tel 416 621-9621
Fax 416 621-8694
E-maiJ info@oacett.org
www.oacett.org
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March 13, 2002
Ms. Jennifer Zieleniewski
Chief Administrative Officer
Township of Oro-Medonte
Box 100
Oro ON LOL 2XO
Dear Ms. Zieleniewski,
I am very pleased to advise you that one of your employees,
Leo Chaloux, C. Tech.
has recently been registered by this Association as a Certified Technician and is entitled
under the OACETI Act 1984, to use the title C.Tech.
I am sure you will wish to recognize this achievement of professional status and join us in
congratulating Mr. Chaloux.
OACETI is a self-governing professional association, now numbering more than 18,000
members, dedicated to maintaining the highest possible standards in the practice of
engineering/applied science technology in Ontario.
If you would like any additional information, please contact this office.
Yours sincerely,
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Sam DiGiandomenico
Registrar
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cc: Mr. L. Chaloux, C.Tech.
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Ontario Association of Certified Engineering Technicians and Technologists
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GEORGIAN
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YOUR COLLEGE 'YOUR FUTURE
. April 19, 2002
Tamara Obee
5 Shannon St.
Barrie ON, CAN
L4M-2K7
Georgian Student # 89003549
Dear Tamara:
Please find below your most recent grade report
1999 Winter
HRM2109 HUMAN RES. MGMT. FOUNDATIONS 48.00 3.0 83
1999 Summer
HRM2108 ORG BEHAVIOUR 48.00 3.0 71
2000 Fall
HRM210S FINANCE AND ACCOUNTING 42.00 3.0 93,
2001 Winter
CST1677 D.E. - COMPENSATION MANAGEMENT 48.00 0.0 61 HRM2104 LABOUR ECONOMICS
42.00 3.0 86
2001 Summer
HRM2106 LABOUR RELATIONS 42.00 3.0 82
2001 Fall
HRM2103 COMPENSATION 42.00 3.0 78 HRM2107 OCCUPATIONAL HEALTH AND SAFETY 42.00 3.0 80
2002 'Winter
HRM2101 TRAINING AND DEVELOPMENT 42.00 3.0 80
If you would like to register for another course, please call us at (705) 722-1511, Barrie campus or at one of
our other campus locations (refer to our web site at: www.qeorqianc.on.ca)
Your Georgian College EMAIL accountis:obee1@georgianc.on.ca
If you have completed an entire program and 'feel you qualify for a College certificate or diploma, please pick
up and complete a "Request to Graduate" form, available from the Office of the Registr.~r. You may also call
to request a form be mailed to you. Please note that non-refundable graduation and alumni fees of $76.71 are
payable at the time of submit your Request to Graduate form (2001/2002 rates). For information on the
Alumni Association, please contact the Alumni office for a complete listing of membership benefits.
Convocation dates are available from the Office of the Registrar.
If you have any questions or if you require further registration information, please call.
Office of the Registrar
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O'BRIEN HOUSE
Abbeyfield Housing Society of Shanty Bay
Compo 318, RR 3 Shanty Bay ON LOL 2LO
722-0379
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May 6, 2002
The Mayor and Members of Council
Township of Oro-Medonte
Box 100
Oro ON LOL 2XO
Re: Grant Request, 2002
Dear Mayor Craig & Members of Council:
I am writing on behalf of the board of Abbeyfield Housing Society of Shanty Bay to thank you
for the grant of $2,500 in support of O'Brien House.
Now that the half-load restrictions have ended and we have met the lender's requirements of
eight prospective residents with last month's rent deposits made, construction will proceed
apace. Our full-time staff person will begin in mid-August, with residents moving in during
the first week of September.
This is a challenging year, as we move from the development phase to actually being home for
ten seniors. We truly appreciate the support of Council and, indirectly, the taxpayers of Oro-
Medonte.
Sincerely,
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Lindsay Morgan
President
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Abbeyfield Housing Socieo/..of-Shant~~y
Compo 318, RR # 3, Shanty'I3ay, Ontario LOt"'2LO
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~ay 2nd , 2002
Mayor Neil Craig
And members of council
Box 100,
Oro Station, Ontario
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Dear Neil
Once again, we thank you for your gift to the Abbeyfield Housing Society of Shanty Bay.
The building of O'Brien House is well under way now that we have obtained the
mortgage. As the work progresses it becomes more and more exciting.
You will receive an income tax receipt shortly.
Next September will be the opening of O'Brien House. We are grateful to council for your
support and consideration in helping to make this project a reality. We do appreciate your
contributions ever so much. Thank you.
Sincerely,
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Peggy Satjeant and Ted Bigelow
(O'Brien House Fundraising)
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TELECARE ORILLIA DISTRESS CENTRE
170 Colborne St. W. . Orillia, ON . L3V 2Z3
Business Office: 705-327-2383
Email: telecare~rillia@csolve.net
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/ Distress Lines: 705-325-9534 . 705-835-3453
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May 1, 2002
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Marilyn pennycook
Township of Oro-Medonte
148 Line 7 S., Box 100
Oro, ON
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Dear Ms. Pennycook
Re: 2002 - Donation
I am writing on behalf of the Board of Director of Telecare Orillia to thank the Township of Oro-
Medonte for its generous donation to Telecare Orillia.
Telecare would not exist without the financial support of the community, foundations and the
dedication of our volunteers who answer the phones 24-hours a day all year long. Your
donation will provide nearly 8 hours of Telecare service to those in need within our community.
Thank you again for your support of Telecare.
Sincerely,
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Tanya Sova
Office Coordinator
"TELECARE - WE'RE THERE BECAUSE WE CARE!"
May 6, 2002
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Wayne Gorecki
4 Pod's Lane
Horseshoe Highlands
R.R. # I
Barrie, Ontario
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Re: Park Proposal at the comer of Pod's Lane and Alpine Way, Horseshoe Highlands
Dear Mr. Craig
It has come to my attention that several people have been lobbying for a children's
playground at the comer of Pod's Lane and Alpine Way, Horseshoe Highlands. The
methods used to lobby for said playground has been misleading and or misunderstood at
best. I live at 4 Pod's Lane which puts us diagonally across to the location of this
playground. The people lobbying apparently went around to homes of people who would
be in agreement for the playground. We weren't asked until well after the lobbying started
and there are a lot of people against the location of this playground.
The concerns and reasons I am against this location are as follows:
- The clearing of trees taking away from the area, spoiling the uniqueness of this area.
It becomes more like living in the city.
- The cost and upkeep of the equipment. I have to look at it everyday, who will provide
this and at what level?
- Garbage pickup from kids, parents, dogs, general cleanup, who will do and how often?
Again, I have to look at it daily.
- Potential hangout for teenagers during late hours. We have already experienced some
older kids in the bushes in the area. I don't want to provide a meeting ground for them
across from my house.
- The noise from kids, and parents playing or disciplining kids is not unusual for
playground activities. Local neighbours may find it bothersome.
- Parents sending children to the park unsupervised will rid them ofthe noise and
responsibility and transfer it over to us. Myself and several others in the near vicinity
work shift work.
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- This playground location is located on the comer of Pod's Lane and Alpine Way,
Alpine Way is a major road with a lot of fast traffic and the location of the playground
is at the bottom of a hill putting the kids at risk :&om traffic if they run across the road, say
chasing a ball or just wandering. Limited space will also create parking problems.
- The effect of property value in immediate area. It is okay if you don't live in the near
vicinity of the playground. You benefit, but I live across :&om it and it will have a definite
impact on my resale value. Kids don't stay small for long, but the effects of the
playground are long term
- The people lobbying for this location were asked if they would agree to a playground
placed in :&ont of or near their house. They answered no. If they don't want their own
children playing near their house why should I. My children are older and wouldn't be
using the playground for what it is meant for and I moved out to the Highlands because
it is peaceful and picturesque. I used to live near a playground and have experience with
the goings on. They are great, but not for the houses near them.
- There is also a drain problem at this intersection that myself and some of our neighbours
are trying to find a solution. It would pain me if money was put up for a playground and
nothing done about this drainage problem.
I am also under the understanding that there is an area set aside for a park, playground
and soccerlbaseball field. The location to my knowledge is on the fourth line beside the
Fire Hall and Police Station. This location is much more central to the whole area serving
many more people. There are no houses directly affected. It will offer much greater
activities and is right beside a police station for safety and security.
In summary the playground location on the comer of Alpine Way and Pod's Lane
would benefit a few people, but at what cost. It brings up many questions and concerns,
few of which effect the people lobbying for the location. It hasn't been thought out with
an open mind and no consideration given to future problems and concerns. I look forward
to being here and enjoying my retirement years in this lovely, quiet, serene area. I
apologize for any abruptness there might be in my letter, but this is important to myself
and my family and surrounding neighbours.
If you have any questions or need clarification, please feel :&ee to contact myself or my
wife Dawn, at (705) 835-0294.
Y ours Wit~out Prejudice
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Wayne Gorecki
4 Pod's Lane
Horseshoe Highlands
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From:
Sent:
To:
Subject:
Terry Sallows [tsallows@sympatico.ca]
May 9,20022:11 PM
clerk@township.oro-medonte.on.ca
Park/Play Area Alpine & Pods Lane
Dear Mayor Craig & Councilors;
It has come to our attention certain indivduals are attempting to have the township develop a park/play area at Alpine Way
& Pods Lane.
Please be advised that we totally object to this location which is kiddy corner to our property at 15 Alpine Way.
All people I have discussed this with also object to this location and comment that it should be developed over by our new
OPP station.My understaning is their is provisions made for this location on Line 4.
Please don't get us wrong we oppose only the location not a park/play area we both love kids.
Sincerely
Terry & Wanda
15 Alpine Way
Shanty Bay (Horseshoe Valley)
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TOWNSHIP OF ORO-MEDONTE
OFFICE OF THE CHIEF ADMINISTRATIVE OFFICER
REPORT TO COUNCIL
REPORT NO.: ADM2002-17
PREPARED BY: J. Zieleniewski, Chief Administrative Officer
DATE: May 15, 2002
SUBJECT: Orillia Soldiers' Memorial Hospital Nominee
I BACKGROUND
I
At the Regular Committee of the Whole Meeting held Wednesday, March 13,
2002, Council received a deputation from Glen Penwarden of Orillia Soldiers'
Memorial Hospital who discussed the Boardls proposal to expand its
membership to include a representative from the Oro-Medonte Council.
At the Regular Committee of the Whole Meeting held Wednesday, March 27,
2002, Council received correspondence from Glen Penwarden, Executive
Director of Orillia Soldierst Memorial Hospital and a copy of the Board's 2001-
2002 Operating Plan, which also provided information about the hospital
operations, its role and financials.
Council deferred the documentation from Mr. Penwarden and requested a report
from staff.
I ANALYSIS
I
We have been advised that the Hospital Board meets monthly, usually the 4th
Tuesday of each month @ 6:30 p.m. The Boardls Annual General Meeting takes
place in June, with two retreats occurring during the year. It was also indicated
that there is no remuneration for Board Members.
Please find attached documentation with regard to the Board Membership and
responsibilities, for your perusal.
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The Township of Ramara and Township of Severn were contacted regarding
nomination to the Hospital Board.
The Township of Severn indicated that their Mayor currently sits on the Board
and it has been the practice in the past to have the Mayor perform this task.
Ramara Township indicated that a recommendation was made to Council on
May 6th, 2002, that Ramara not nominate to the Board.
As the residents of Oro-Medonte are in need of the range of services offered by
the OriIlia Soldiers' Memorial Hospital, and that these residents make up a large
percentage of the patients who utilize the services offered, it is recommended
that a representative of Council of Oro-Medonte playa role in establishing the
goals and strategies of the Hospital.
I RECOMMENDATION
I
1. That this report be received and adopted.
2. That Council forwards a nominee for appointment to the Orillia Soldiers I
Memorial Hospital Board.
3. That the OriIlia Soldiers' Memorial Hospital Board be notified accordingly.
Respectfully submitted,
. er Zieleniewski
ef Administrative Officer
COMMITTEE OF THE WHOLE [
DATE:
COUNOL MEETING
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MOTION NO.
PART IV - BOARD
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10. NOMINATIONS FOR ELECTION OF DIRECTORS
Subject to section II and all other provisions of this By-law, nominations for election as Director
at the annual meeting of the Corporation may be made only by:
(a) a Nominating Committee ofthe Board, or
(b) members of the Corporation provided that each nomination by members;
(i) is in writing and signed by at least three members in good standing; and
(ii) is accompanied by a written declaration signed by the nominee that he or she will
serve as a Director in accordance with this By-law if elected; and
(iii) is submitted to and received by the Secretary at least thirty days before the date of
the annual meeting.
11. BOARD COMPOSITION
( I ) The Board shall consist of:
ELECTED DIRECTORS
(a) II Directors shall be elected from among the members of the Corporation as hereinafter
set forth;
(i) at the Annual General Meeting of the Corporation to be held next after the coming
into effect of this by-law, six (6) members shall be elected for a tenn of two (2)
years from the date of such meeting and shall hold office until their successors
have been elected, and, in the subsequent year,
(ii) five (5) members shall be elected for a tenn of two (2) years, and
8
EX OFFICIO DIRECTORS
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(b) the following ex officio Directors, provided that the Board shall at all times be composed
of a majority of Directors elected by means of section II (I )(a):
(i) the President and Vice-President of the Medical Staff,
(ii) the Chief of Staff,
(iii) one Director appointed by the Board from those candidates proposed by the
Council of the County of Simcoe.
(iv) one Director appointed by the Board from those candidates proposed by the
Council of the Municipal Corporation of the City of Orillia.
(v) one Director appointed by the Board from those candidates proposed by the
members of Branch #34 OriIlia, Royal Canadian Legion.
(vi) one director appointed by the Board from those candidates nominated by the
Nurses' Alumnae Association of Orillia Soldiers' Memorial Hospital.
QUALIFICA TIONS
(2)
(a)
No member of the medical staff or dental staff of the Hospital shall be eligible for
election or appointment to the Board except as where otherwise provided in this
By-law.
(b) No employee of the Hospital shall be eligible for election or appointment to the
Board except as where otherwise provided in this By-law.
(c) No spouse, child, parent, brother or sister of any person included in subsection (a)
or (b) above, nor the spouse of any such child, parent, brother or sister shall be
eligible for election or appointment to the Board, except by resolution of the
Board.
9
(3)
(a)
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No person may be elected or appointed a Director before reaching eighteen (18)
years of age.
(b) Except for the Chief Executive Officer and the President of the Medical Staff, no
person may be elected or appointed a Director for more tenns than win constitute
ten (10) consecutive years of service, provided however that fonowing a break in
the continuous service of at least one year the same person may be re-elected or
re-appointed a Director. A Director elected to a two year tenn which would
commence prior to nine (9) years' accumulated service, but whose tenn would
nonnally expire following completion of ten (10) years consecutive service, may
complete the fun two-year tenn of election.
(4) A person who is not a member of the Corporation may, with his or her consent in writing,
be an ex-officio Director.
12. VACANCY
( I ) If a vacancy occurs for any reason among the elected or appointed Directors, such
vacancy may be filled by an eligible person elected or appointed by the Board to serve
until the next annual meeting of the Corporation.
(2) At the next annual meeting in addition to the election of Directors to fin the vacancies
caused by the expiry of Directors' tenns, the meeting shall elect or appoint an additional
Director to fill the unexpired tenn created by any vacancy referred to in subsection (I).
13. RESPONSIBILITIES OF THE BOARD
The Board shan govern the affairs of the Corporation and:
(a) Develop and review on a regular basis the mission, goals, objectives and strategic plan of
the Hospital in relation to the provision, within available resources, of appropriate
programs and services in order to meet the needs of the community;
(b) Work in conaboration with other community agencies and institutions in meeting the
needs of the community;
(c) Establish procedures for monitoring compliance with the requirements of the Public
Hospitals Act, the Hospital Management Regulation, the By-laws of the Hospital and
other applicable legislation;
10
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Proposed Hospital Bv-Laws Amendments
Part N - Board
11. Board Composition
1 (b) the following ex officio Directors:
(i) the President and Vice-President of the Medical Staff;
(ii) the Chief of Staff;
(iii) one Director appointed by the Board from those candidates proposed by the
Council of the County of Simcoe from among its elected Council members;
(iv) one Director appointed by the Board from those candidates proposed by the
Council of the Municipal Corporation of the City of Orilliafrom among its
elected Council members;
(v) one Director appointed by the Board from those candidates proposed by the
members of Branch #34 Orillia, Royal Canadian Legion;
(vi) one Director appointed by the Board from those candidates nominated by the
Nurses' Alurrmae Association of Orillia Soldiers' Memorial Hospital;
(vii) one Director appointed by the BoardJrom those candidates proposed by the
Council oj Mryikaning First NationJrom among its elected Council members;
(viii) one Director appointed by the BoardJrom those candidates proposed by the
Council oj the Township oj Oro-Medonte Jrom among its elected Council members;
(ix) one Director appointed by the BoardJrom those candidates proposed by the
Council oj the Township oj RamaraJrom among its elected Council members;
(x) one Director appointed by the BoardJrom those candidates proposed by the
Council oj the Township oj Sevemfrom among its elected Council members.
With the following deleted from the lead-in statement to the current By-law:
"provided that the Board shall at all times be composed oj a majority oj Directors
elected by means oj section 11 (l)(a)"
Add all of the above italicised words to the current By-law.
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY -lAW NO. 2002-060
Being a By-law to Authorize the Execution of an Agreement
between The Corporation of the Township of Oro-Medonte,
The Corporation of the City of Barrie, and the Corporation of the City of Orillia
for the Operation and Management of lake Simcoe Regional Airport
WHEREAS s. 207, paragraph 5 of the Municipal Act, RSO 1990, c.MA5, as amended,
authorizes a Municipal Council to pass a by-law for entering into and performing of any
agreement with any other Council for fulfilling, executing or completing at their joint
expense and for their joint benefit any service within the jurisdiction of the Council;
AND WHEREAS s. 207 paragraph 10 of the Municipal Act, RSO 1990, c.MA5, as
amended, further authorizes, inter alia, a Municipal Council to pass a by-law for
establishing, operating, maintaining and improving aerodromes in compliance with the
Air Regulations (Canada);
AND WHEREAS, pursuant to the provisions of s. 207 paragraph 10 of the Municipal
Act, RSO 1990, c.MA5, as amended, a Council is also empowered to entrust the
control and management of any aerodrome so established to a Commission appointed
by Council;
AND WHEREAS, pursuant to the provisions of s. 207 paragraph 10 subparagraph (a)
of the Municipal Act, RSO 1990, c.MA5, as amended, a Council may acquire land in
the municipality or in an adjacent or adjoining municipality or in any adjacent or
adjoining territory with municipal organization, or may acquire by lease or otherwise, an
existing aerodrome in the municipality;
AND WHEREAS, the Township of Oro-Medonte, the City of Orillia and the City of Barrie
previously entered into a Joint Venture Agreement dated May 2, 1990 to establish an
aerodrome in the Township of Oro-Medonte, now known as the Lake Simcoe Regional
Airport, to service all three municipalities and to provide for the joint exercise in
connection with such aerodrome of all powers and rights contained in the said s.207
paragraph 10 of the Municipal Act, RSO 1990, c.MA5, as amended;
AND WHEREAS pursuant to s.21 0.1 of the Act and regulations thereto, a Council may
enter into agreements for the provision of municipal capital facilities by any person;
AND WHEREAS the Township of Oro-Medonte, the City of Orillia and the City of Barrie
hereto wish to provide for the continued management, operation, maintenance and
improvement of the Lake Simcoe Regional Airport by the Lake Simcoe Regional Airport
Commission; .
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NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
follows:
1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the
Township of Oro-Medonte, the Lake Simcoe RegiQnal Airport Agreement, a copy
of which is attached hereto and forms part of this By-law as Schedule 'A'.
2. That this By-Law shall come into force and take effect on the final passing
thereof.
By-Law read a first and second time this 15th day of May, 2002.
By-Law read a third time and finally passed this
day of
,2002.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook
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LAKE SIMCOE REGIONAL AIRPORT AGREEMENT
THIS AGREEMENT made this
day of
A.D., 2002
BETWEEN:
THE CORPORATION OF THE CITY OF BARRIE
Hereinafter referred to as "Barrie"
AND:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Hereinafter referred to as "Oro-Medonte"
AND:
THE CORPORATION OF THE CITY OF ORILLIA
Hereinafter referred to as "Oril1ia"
PREAMBLE:
(A) WHEREAS s. 207, paragraph 5 of the Municipal Act, RSO 1990, c.MA5, as amended
(hereinafter referred to as "the Act") authorizes a Municipal Council to pass a by-law for
entering into and performing of any agreement with any other Council for fulfilling,
executing or completing at their joint expense and for their joint benefit any service
within the jurisdiction of the Council;
(B) AND WHEREAS s. 207 paragraph 10 of the Act further authorizes, inter alia, a
Municipal Council to pass a by-law for establishing, operating, maintaining and
improving aerodromes in compliance with the Air Regulations (Canada);
(C) AND WHEREAS, pursuant to the provisions of s. 207 paragraph 10 of the Act, a Council
is also empowered pursuant to the by-law in (B), to entrust the control and management
of any aerodrome so established to a Commission appointed by Council;
(D) AND WHEREAS, pursuant to the provisions ofs. 207 paragraph 10 subparagraph (a) of
the Act, a Council may acquire land in the municipality or in an adjacent or adjoining
municipality or in any adjacent or adjoining territory with municipal organization, or may
acquire by lease or otherwise, an existing aerodrome in the municipality;
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(E) AND WHEREAS, the Parties previously entered into a Joint Venture Agreement (the
"JV A") dated May 2, 1990 to establish an aerodrome in the Township of Oro-Medonte,
now known as the Lake Simcoe Regional Airport ("LSRA"), to service all three
municipal Parties and to provide for the joint exercise in connection with such aerodrome
of all powers and rights contained in the said s.207 paragraph 10;
(F) AND WHEREAS the City of Barrie holds title to the LSRA lands in trust for all of the
Parties hereto;
(G) AND WHEREAS, the Parties to the JV A established a commission pursuant to s.207,
paragraph 10 of the Act to manage, operate, maintain, and improve the LSRA which
commission was incorporated by Letters Patent in accordance with the laws of the
Province of Ontario as a corporation without share capital known as the Lake Simcoe
Regional Airport (hereinafter referred to for the purposes of this Agreement as the Lake
Simcoe Regional Airport Commission or "LSRAC");
(H) AND WHEREAS the Parties have entrusted the management, operation, maintenance
and improvement of the LSRA to the LSRAC;
(I) AND WHEREAS the Parties hereto wish to provide for the continued management,
operation, maintenance and improvement of the LSRA by the LSRAC;
(1) AND WHEREAS pursuant to s.210.1 of the Act and regulations thereto, a Council may
enter into agreements for the provision of municipal capital facilities by any person;
(K) AND WHEREAS in order to promote the continued viability and increased growth of the
LSRA, the Parties wish to renew their agreement and provide for additional powers to the
LSRAC, and to make provision for the sale of certain of the LSRA lands for airport-
related commercial development;
(L) AND WHEREAS the Government of Canada by letter dated September 12, 2001 and
attached as Schedule D hereto has authorized the sale of those LSRA lands described on
Appendix 1 to Schedule C of this Agreement;
(M) AND WHEREAS the Province of Ontario, through correspondence dated March 31,
2001, and attached as Schedule E hereto has authorized the sale of any of the lands in
Schedules A and B, including those lands described in Appendix 1 to Schedule C of this
Agreement;
NOW THEREFORE THIS AGREEMENT WITNESSES that the Parties hereto in consideration
of the premises and the mutual covenants and agreements hereinbefore contained and expressed,
MUTUALLY COVENANT AND AGREE as follows:
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1.0 JV A 1990
1.01 Except as hereinafter expressly provided, this Agreement replaces the JV A dated
May 2nd, 1990.
2.0 THE LSRA
2.01 The LSRA consists of those lands described in Schedules A and B hereto.
2.02 The LSRAC established pursuant to the JV A shall continue to manage, operate,
maintain and improve the aerodrome known as the LSRA located in the Township
of Oro-Medonte on the lands as described on the attached Schedules A and B
hereto.
2.03 The LSRA shall be maintained and operated in compliance with all applicable
Federal, Provincial and Municipal requirements as they are in force from time to
time. For greater certainty, the Parties agree that development at the LSRA,
including airport-related commercial development, will be subject to the by-laws
and regulations of the Township of Oro-Medonte or any successor thereto,
including, without limiting the generality of the foregoing, zoning, site plan
control and building by-laws and regulations.
3.0 MANAGEMENT
LSRAC
3.01 The Parties hereto agree that the membership of the LSRAC shall continue to be
comprised of three (3) representative members of each respective Party.
3.02 The Parties hereto agree that such representative member of each Party continue
to consist of at least one (1) elected official and at least one (1) non-elected
resident of each respective appointing municipality.
Appointments
3.03 Subject to section 3.06 herein, the representative members of the LSRAC are to
be appointed by each Parties' respective Council to serve at the pleasure of that
appointing Council and to represent the Parties hereto.
3.04 Subject to the discretion of each respective appointing Council to replace their
representative member at any time, the Councils of each Party shall endeavour to
make their appointments to the LSRAC on a rotating basis for a term of three (3)
years.
Vacancy
3.05 In the event of a vacancy occurring, the Council with the vacant position shall
appoint a new representative member to fill that vacancy forthwith, but only for
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such length of time necessary to enable the new representative member to
complete the tenn of the previous representative member.
Re- Appointment
3.06 Subject to s.3.03, each representative member may be eligible for reappointment
provided that no representative member shall serve for more than three (3)
consecutive tenns.
President, Vice-President and Secretary-Treasurer
3.07 The positions of President, Vice-President and Secretary-Treasurer shall be
elected ITom and by the representatives and shall be nominees of the
representatives hereto and in such capacity shall exercise one vote each.
Sub-Committee( s)
3.08 The LSRAC may, ITom time to time, require that an ad hoc committee(s) be
struck to investigate and report on a certain matter to the LSRAC and this
committee shall be appointed by the President.
Quorum
3.09 A quorum shall consist of five (5) of the members of the LSRAC.
Entrust Commission
3.10 Upon execution of this Agreement, the Parties shall continue to entrust the
management, operation, maintenance and improvement of the LSRA to the
LSRAC for the benefit of the Parties to this Agreement.
4.0 FINANCIAL GENERAL:
Apportionment Percentage
4.01 The Parties agree that all monies contributed for the maintenance, operation,
capital or borrowing charges attributed to the LSRA shall be on an apportioned
percentage basis. The apportionment for funding requirements for the said Parties
shall be on the basis of their percentage of taxable assessment to the total taxable
assessment of the said Parties as provided to them by the Municipal Property
Assessment Corporation (MP AC). This percentage is to be applied to the
budgeted costs (costs after applying all sources of operating revenue other than
municipal contributions or other contributions in s.5.03 of this Agreement) to
detennine the dollar contribution required by each Party. The calculation shall
apply up to and including the percentage factors used in the year 2001 budget, at
which time the percentage factors shall be fixed. The percentage factors for the
year 2001 are:
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Barrie
Orillia
Oro-Medonte
67.22%
16.32%
16.46%
Maintenance and Operation Monies
4.02 The Parties agree that monies required for the maintenance and operation of the
LSRA, as may be required and detennined by the LSRAC, shall be requested of
the Parties, on an annual budgetary basis, for their respective Council approval.
Where a Party or Parties do not approve the amount as required in section 5.01
herein, the LSRAC may proceed at the previous year's agreed upon amount for
the maintenance and operation of the LSRA until such time as a resolution is
reached, in accordance with Section 13.0 herein.
Capital Monies
4.03 Subject to the requirements in s. 5.0 of this Agreement, the Parties agree that
monies required for capital expenditures, as may be required and detennined by
the LSRAC, shall be requested of the Parties, on an annual budgetary basis, for
their respective Council approval. In the event of any disagreement regarding
same, the Parties will submit the matter for dispute settlement in accordance with
s.13.0 herein. In the interim, the LSRAC will not proceed with the portion of the
capital expenditure under dispute.
Borrowed Monies
4.04 The Parties agree that the LSRAC, with the consent of the Parties hereto, may
borrow such amounts of monies as approved by the Parties for future
development of the LSRA.
Percentage Payments and Allocation
4.05 The Parties agree that the payments requested of each Party in s. 4.02 and s 4.04
shall be calculated in accordance with the percentage allocations outlined in
s.4.01.
4.06 The Parties agree that debt obligations incurred for borrowed monies as pennitted
in s. 4.04 shall, for the purpose of calculating each Party's contribution or
liability, be allocated among the Parties in accordance with the percentage
allocations outlined in s. 4.01.
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5.0 FINANCIAL MANAGEMENT:
Budget
5.01 The LSRAC is entrusted with the financial management of the LSRA as
hereinbefore provided and shall have the further right and be responsible to:
(a)
prepare a budget, operational, capital and including reserve transfers on an
annual calendar year basis for the approval of each of the Parties;
submit a letter to the respective treasurers of the said Parties by the 1st of
December of the current year, indicating the estimated percentage increase
or decrease, if any, of the budgets for the ensuing year.
(b)
(c)
prepare and submit a draft budget by the 1 st of January of each year and
prepare and submit a final budget no later than the 28th day of February in
each year.
5.02 It is understood and agreed that any Party may return the budget to the LSRAC
for explanation or review.
Special Reserve Accounts
5.03 The LSRAC is hereby entitled to receive contributions or donations from third
parties to be applied for specific operating or capital expenditures. For such
purposes, the LSRAC shall be entitled to establish and maintain separate
operating and capital reserve account(s) and to direct such contributions to this
account(s). Such contributions shall not be applied to the budgeted amounts
calculated in accordance with s.4.0 and s.5.0 of this Agreement.
Invoicing
5.04 The LSRAC may invoice each Party for their share of the annual operating and
capital budget, such invoiced amounts due and payable by each Party in
accordance with the following priorities:
Operating
(a)
50% of the amount of the previous year's share to be invoiced by December
15th. This amount shall be due and payable on January 15th of the following
calendar year;
(b)
50% of such Party's share of the approved budget for the current calendar
year calculated and invoiced by June 1st. This amount shall be due and
payable on June 30th of that year;
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Capital
(c) the capital requisition to be invoiced 15 days after the approval of all
parties.
Financial Statements:
5.05 The LSRAC is required to prepare unaudited financial statements by February
28th of the year following the fiscal year to which the statement will apply. The
audited financial statements must be provided to each Party by no later than
March 31 st of the same year in which the statement is prepared.
Default
5.06 (a)
In the event of any Party defaulting on payment as set out in s.5.04 (a),
(b), and (c), the LSRAC may recover the payment, with interest to be
charged to the defaulting Party on the unpaid portion of its apportionment
remaining after the effective due dates in any year, at the rate the LSRAC
would be required to borrow money at the relevant time whether or not the
LSRAC is actually required to borrow such money. Upon default, the
defaulting Party shall not be entitled to exercise their management rights
pursuant to this Agreement, for the period of default.
(b) Where any Party is in default of their payment obligations in s. 5.04
herein, and such defaulted payment and interest is at least equal to the
Party's respective initial contribution to the LSRA set out in s. 5.06 (c),
any non-defaulting Party may terminate the defaulting Party's
participation and rights under this Agreement, upon ninety (90) days'
written notice.
(c) Each of the three (3) Parties acknowledge and agree that their initial
contribution to the LSRA, for purposes of s. 5.06 (b) are as follows:
Barri e
OriIlia
Oro-Medonte
$1,200,481.45
$349,425.20
$225,814.09
(d) The Parties hereby agree that, in the event of default and notice under s.5.06
(b), the defaulting Party has no further right or remedy against the other
Parties hereto or the LSRAC.
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(e) In the event of default, the LSRAC may proceed with the approved budget
expenditures for one additional fiscal year, in accordance with the approved
budget.
(f) Any failure by the LSRAC or of any non-defaulting Party to exercise their
remedies pursuant to this Agreement is deemed not to be a waiver of any rights
it has under this Agreement.
Insurance:
5.07 The LSRAC is required to maintain adequate and up to date liability insurance.
Acquire Revenue
5.08 The Parties may take all steps necessary to obtain revenues and required funding
including all applications to obtain grants for the development, operation and
maintenance of the LSRA from any source.
Revenue Accountability
5.09 The LSRAC will ensure that the amount of such grants are accounted for in the
LSRAC Budget from year to year along with any other revenues obtained by the
LSRAC or LSRA.
Leasing
5.10 In the interest of providing revenue, the LSRAC is authorized to lease any
property or space under the control of the LSRAC but not deemed necessary for
the immediate operation of the LSRA for airport-related purposes, for a period not
to exceed twenty-one (21) years less one (1) day. The Parties agree that the
proceeds from any such lease shall remain with the LSRA to be applied against
the annual operating, maintenance and improvement costs of the LSRA. Such
lease proceeds will be accounted for in the annual LSRAC budget.
Expenditure Controls
5.11 Except as provided in s.5.06 (e), the LSRAC shall only have the right to make
expenditures in accordance with the current budget authorized by the Parties
hereto, and to ensure that the LSRAC shall not without the prior consent of the
Parties hereto, spend any monies that have not been authorized in the current
budget.
All Party Expenditures
5.12 Each Party is required to submit to the LSRAC an invoice for any LSRA-related
expenses for approval and payment.
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Taxes
5.13 In the event that either Barrie or Orillia are subject to taxes on their interest in the
LSRA lands in the Township of Oro-Medonte, then the Township of Oro-
Medonte shall refund to the LSRAC that portion of the aforementioned taxes not
attributable to the assessment for any school board or County purposes. This
provision shall not apply to lessees of occupied space assessed as taxable.
Airport Manager
5.14 The LSRAC shall appoint an Airport Manager who is the recording secretary for
the LSRAC with responsibility for the day-to-day management, operation and
maintenance of the LSRA, and for recommending improvements of the LSRA to
the LSRAC.
Secretary-Treasurer
5.15 Subject to the requirement for audited financial statements in s.5.05 herein, the
Secretary-Treasurer shall utilize the services of the City of Barrie Treasury
Department to provide accounting services for the LSRAC.
6.0 ADMINISTRATION
Rules and Regulations
6.01 The LSRAC may establish rules and regulations not inconsistent with the
provisions of this Agreement for the conduct of its meetings and for the
management of the LSRA and the furtherance of the projects authorized
hereunder. Such rules may be amended and changed from time to time within the
discretion of the members of the LSRAC.
6.02 The LSRAC may also make recommendations to the Parties for the construction
of additional buildings or facilities, as the same may be from time to time required
or desirable to achieve the goals of the LSRA.
6.03 In the interests of expediency or safety, the LSRAC may recommend to the
Parties the acquisition and/or provision of such navigational aids or aeronautical
devices as may be required by the Aeronautics Act, R.s.c. 1985 and/or Air
Regulations (Canada).
6.04 The LSRAC shall ensure that air safety is the primary operational goal of the
LSRA.
6.05 The LSRAC shall be responsible for all public relations involving all Parties
regarding the LSRA.
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6.06 The LSRAC shall market the LSRA III accordance with good promotional
strategies.
6.07 Subject to the provIsIons of s.5.11, s.8.0 and s.9.0 and Schedule C of this
Agreement, the LSRAC may call for proposals and/or tenders from an appropriate
person(s) with a view to entering into contractual agreements with the LSRAC
and/or the Parties, where applicable, to provide for the development, operation,
maintenance and improvement of the LSRA and, without limiting the generality
of the foregoing, to provide for necessary leasing or sale arrangements with any
person.
6.08 At all times the LSRAC shall conduct the business of operating the LSRA in
accordance with good business practices.
7.0 OWNERSHIP OF LANDS:
Ownership
7.01 The Parties acknowledge and agree that Barrie holds and shan continue to hold
title to the LSRA Lands described in Schedules "A" and "B" in trust for an
Parties to this Agreement and that any sale or other disposition of such lands win
be in accordance with s.8.0, s.9.0, s.14.01 and Schedule C of this Agreement.
8.0 SALE OF SPECIFIC LANDS FOR AIRPORT-RELATED COMMERCIAL
DEVELOPMENT
8.01 The Parties have agreed that certain portions of the LSRA Lands are available for
sale for certain airport-related commercial development. The Lands available for
such sale are described in Schedule F attached hereto and fonning part of this
Agreemept.
8.02 The Parties hereby agree to consider exercising all available powers pursuant to
provincial legislation, including, without limiting the generality of the foregoing,
s.210.1 of the Municipal Act, or any successor legislation, to facilitate the sale of
portions of the LSRA as outlined in Schedule F, for the provision of airport-
related commercial facilities.
8.03 The Parties agree that the lands described in Schedule F may be sold to third
parties for airport-related purposes on the recommendation of the LSRAC, in
accordance with the Land Sale Policy for Airport-Related Commercial
Development, attached to Schedule "C" to this Agreement.
8.04 The Parties agree that all revenue from the sale of any Lands in s.8.02 and s.8.03
shall remain with the LSRAC for the express use of capital improvements to the
LSRA.
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9.0 DISPOSITION OF BALANCE OF AIRPORT LANDS
9.01 With the exception of those lands designated in Schedule F, the Parties agree that
none of the lands described in Schedule "A" or "B" of this Agreement or any
lands subsequently purchased for the LSRA shall be disposed of except on the
recommendation to the Parties by the LSRAC and subject to the approval of
Transport Canada and the Parties.
(a) If any Lands described in Schedule "A" to this Agreement should
be disposed of, then the Parties shall share the proceeds of such
sale in the following manner:
(i)
(ii)
(iii)
Barrie
Orillia
Oro-Medonte
65.76%
21.85%
12.39%
(b) If any Lands described in Schedule "B" to this Agreement should
be disposed of, the two Parties, Barrie and Oro-Medonte, shall
share in the proceeds in the following manner:
(i) Barrie 80%
(ii) Oro-Medonte 20%
(c) If any additional lands should be disposed of, which were
purchased subsequent to the execution and effective date of this
Agreement, the Parties shall share the proceeds of any such sale in
an amount equal to the percentage of their relative contribution to
the cost of acquisition of such lands.
10.0 ORO-MEDONTE BY-LAW(S):
10.01 Oro-Medonte agrees to consider the passing of a by-Iaw(s) to effect any changes
to their Zoning By-laws or Official Plan necessary to give effect to the foregoing
intentions of the Parties and in order to comply with the Aeronautics Act, R.s.O.
1985 and/or Air Regulations (Canada), as amended from time to time.
11.0 FUTURE MEMBERSHIP:
11.01 The Parties agree that in the event another municipality wishes to become a Party
to the within Agreement, it shall apply in writing to the LSRAC and acceptance
shall be subject to the approval of the Parties to this Agreement, upon such tenns
as agreed to by the Parties.
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12.0 WITHDRAWALFROMAGREEMENT
12.01 Any Party to this Agreement may, upon delivery of one year's written notice to
the office of the clerk of every other Party and to the Secretary/Treasurer of the
LSRAC, withdraw from this Agreement. In the event of such withdrawal, any and
all funds paid, or authorized to be paid, under sA.Ol of this Agreement shall
remain with or be paid to the LSRAC.
13.0 DISPUTE SETTLEMENT MECHANISM
13.01 The Parties agree that if any dispute arises in connection with any of the
provisions herein contained among any of the Parties hereto that cannot be
resolved by negotiation, such dispute shall be referred to mediation for mandatory
Alternative Dispute Resolution, and a Mediator shall be selected fonn the list of
approved Mediators of the Superior Court of Justice, County of Simcoe, and such
mediation is to take place within thirty (30) days of such referral. Any dispute
among the Parties which cannot be resolved by such mediation shall, only with
the consent of the Parties, be submitted to arbitration pursuant to the Arbitration
Act of Ontario (the "Act").
14.0 DISSOLUTION OF COMMISSION/LSRA
14.01 Where all Parties agree, the LSRAC may be dissolved. Upon dissolution, the
proceeds ofthe disposition of all LSRA Lands shall be in accordance with s.9.0
herein and other assets of the LSRA and/or the LSRAC shall be distributed
amongst the Parties hereto in accordance with the proportions set out in s.4.01 of
this Agreement. Any disposal of the Lands and assets of the LSRA, in a
circumstance of dissolution, shall be in accordance with the federal Financial
Assistance Agreement between The Oro-Barrie-Orillia Airport Commission and
Her Majesty the Queen in Right of Canada (Ministry of Transportation) dated
December 23, 1991.
15.0 REVIEW AND AMENDMENTS:
15.01 The Parties agree that they will review this Agreement every three years. The
Agreement may be reviewed in the interim period, at the request of any Party.
Any amendment to this Agreement shall be made only with the consent of all
Parties.
16.0 SIGNATURE TO THE AGREEMENT:
16.01 IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be
executed and sealed under the hands of their proper officers.
16.02 This duly authorized Agreement shall come into effect the 1 st day of January,
2002.
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THE CORPORATION OF THE CITY OF BARRIE
MAYOR
CLERK
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
MAYOR
CLERK
THE CORPORATION OF THE CITY OF ORILLIA
MAYOR
CLERK
Authorized by:
City of Barrie By-law No.:
Township of Oro-Medonte
By-law No.:
City of Orillia By-law No.:
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SCHEDULE "A"
TO LAKE SIMCOE REGIONAL AIRPORT AGREEMENT
PROPERTY PURCHASED FOR AIRPORT SITE:
The following property has been purchased for the construction of the Airport:
(a) Vicic property
East Half Lot 1 7 and Pt. East Half Lot 1 8,Concession 7,
Township of Oro, County of Simcoe - 1 50 acres :I:
(b) Buchan Oil Limited
Pt. East Half Lot 1 8, Concession 7, Township of Oro, County of
Simcoe - 50 acres :t
( c) Marten property
East Half Lot 1 9, Concession 7, Township of Oro, County of
Simcoe - 100 acres :t
(d) Cumming property
Pt. West Half Lot 1 8, Concession 7, Township ofOro, County of
Simcoe - 94.8 acres :I:
(e) Beer property
East Half Lot 1 7, Concession 6, Township of Oro, County of
Simcoe - 100 acres :t
(f) Mortson property
Pt. West Half Lot 1 7 & Pt. East Half Lot 1 8,Concession 6,
Township of Oro, County of Simcoe - 45 acres :t.
(g) City of Barrie property: Pt. West Half Lot 1 7, Concession 7, Township ofOro, County of
Simcoe - 5.6 acres
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SCHEDULE "B"
TO LAKE SIMCOE REGIONAL AIRPORT AGREEMENT
The following property has been purchased for the construction of the Airport:
(a) Kuch property
Pt. West Half Lot 1 7, Concession 6, Township of Oro, County of
Simcoe - 11 .0 acres :I:
THE TOTAL NUMBER OF ACRES PURCHASED AS NOTED ON SCHEDULE "A" & "B"
IS 556.4:1: ACRES
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LAKE SIMCOE AIRPORT - REGIONAL AIRPORT SITE
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SCHEDULE"C"
LAND SALE POLICY FOR AIRPORT-RELATED COMMERCIAL DEVELOPMENT
Introduction and General Requirements
The Lake Simcoe Regional Airport Commission (LSRAC) recognizes that the LSRA's primary
role is to create economic opportunities in the fonn of employment and investment in the region.
On this basis, the LSRAC is of the view that any airport-related or dependent commercial
development at the LSRA is good for business and the regional economy provided it is
appropriately sited, and controlled as to its use and purposes. It is for these reasons that this land
sale policy has been prepared.
The use and sale of land shall follow and confonn to the LSRA Master Plan, which was prepared
in December 1992. The lands that are potentially available for sale are shown on Appendix 1
attached hereto.
It should be noted at the outset that the LSRAC, on behalf of the municipal Parties, will entertain
any offer to purchase land in the areas shown on Appendix 1, but that the Parties are not bound
to sell land, if the sale would compromise the long tenn interests of the LSRA, or its purposes
and goals to promote, control, maintain and operate a regional airport, or is otherwise deemed to
be premature and/or inappropriate.
Purchasers will be required to meet all applicable requirements of the Federal, Provincial and
Municipal governments and provide the necessary documentation to this effect and will be
required to enter into necessary agreements with the controlling municipalities pursuant to the
Municipal Act. As the LSRA is a municipally-owned facility, all purchasers will be required to
enter into agreement(s) with the three municipalities (Oro-Medonte, Barrie and Orillia), pursuant
to Section 210.1 of the Municipal Act, R.s.O. 1990, c. M. 45, governing the provision of airport-
related municipal capital facilities on the lands. Comprehensive site plans and a description of
the proposal will be required as part of any purchase application.
No temporary structure or buildings are pennitted on purchased sites other than during the
construction period, which shall not exceed one year unless special approval is requested and
obtained. The LSRAC and the Township of Oro-Medonte ("Township") must approve the
placement of all building or structures before any construction occurs. In addition, any land that
is sold will be subject to Site Plan Control, meaning that the owner will be required to enter into
a Site Plan Agreement with the Township, and will be required to comply with all building
regulations of the Township.
18
G
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~
....'
Land Sale Policy
The purpose of the Airport Land Sale Policy is to encourage the growth and development of the
LSRA for airport purposes. Below are the policies that shall guide the sale of the land at the
LSRA:
1. Lands will only be considered for sale for airport-related commercial purposes in the
designated areas on Appendix 1 of this Schedule. All purchase and sale documents will
require, as a condition of sale, the registration on title to the lands of appropriate restrictions,
including restrictive covenant(s), to require the owner to comply with the Official Plan,
zoning and building requirements of the Township, including, without limiting the generality
of the foregoing, requiring the entering into of site plan control agreements where required
by the Township and to prohibit the use of the lands sold for any purpose not related to the
LSRA.
2. The foregoing restrictions will apply to any subsequent sale of Lands to third parties.
3. Parcel sizes will be detennined by both the LSRAC and the Township based on the amount
of land that is or will be actively used for building and other related purposes, including a
reasonable area for expansion. Notwithstanding the above, the minimum parcel size shall be
in accordance with the Township's applicable zoning by-law.
4. The minimum sale price ofthe land will be at its appraised value, plus an appropriate amount
equal to the reasonable cost of developing the parcel for sale and eventual use.
5. All revenues from the sale of land will remain with the LSRAC and placed in a capital
reserve fund for future capital projects.
6. Restrictions on the use of land and building restrictions will be reserved by the LSRA
Commission and registered on title as part ofthe sale process.
7. Purchasers of sites will be obligated to build on a site within a one year time period from the
date of the registration of a deed and the LSRAC reserves the right to reacquire any
undeveloped or partially developed property at the 90% of its original sale price. Partially
completed buildings, unfinished building or projects shall not be pemlitted beyond one year.
8. A minimum investment level of $200,000 is required by a purchaser. Investments of a
smaller amount do not require the sale of property and may be accomplished through lease or
rental of airport property.
9. Outside storage will be limited in order to maintain the image of the facility and protect
Airport revenue streams. Outside storage will also be subject to Township by-laws and will
have to confonn to the Site Plan Agreement and any purchaser must agree to same.
10. The dispensing, selling or storing of fuel or related products will not be pennitted on or
within the property as the LSRA has the exclusive light to sell and store aviation fuel and
related products to users of the airport.
19
, /J Ii
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11. Landowners will be responsible for paying the applicable Airport Maintenance Charge
(AMC) and applicable sewer and water charges in effect.
12. The cost of disbursements will be added to the purchase price of land and recovered so that
this process does not add to the operating expenses of the Airport. Survey costs, legal and
other fees will be the responsibility of the purchaser, in accordance with LSRAC normal
business practices.
13. Purchasers will be required to keep their sites free and clear of environmental contaminants
to protect, not only LSRA's interests, but to also avoid taxpayers incurring clean up costs,
which can far exceed any sale revenues. An environmental audit may be required by LSRA,
at the expense of the owner, prior to any subsequent transfer of any lands to another party. If
the audit determines that an environmental problem exists, it will be the responsibility of the
owner to rectify the problem prior to transfer of the lands.
14. All sales will be subject to the regulations, policies or procedures in place at the Airport
when a sale is being contemplated.
20
APPENDIX 1 TO SCHEDULE C
Description of Lands
1. Airside Commercial Development Area (Northeast)
Concession 7, part of East Part Lot 17 and 18 (Oro)
(more or less 21.53 ha/53.2ac)
2. Airside Commercial Development Area (Southwest)
Concession 7, Part of West part Lot 18 and Part of East art Lot 19 (Oro)
(more or less 8.2hal20.25 ac)
3. Landside Commercial Development Area (South)
Concession 7, Part of East Part Lot 19 (Oro)
(more or less 4.0 hall Oac)
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SCHEDULE "D"
Correspondence dated September 12,2001 from Government of Canada authorizing sale of land
in Schedule "C".
I-*-I Transport Canada
,., · Ontario Region
SOiEDULE I ~ I
Transports eanaaa
R6gion de "Ontario
./
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4900 Y onge Street
4th Floor
North York. Ontario
M2N 6AS
programrnea
.~
Sep~berI2~2001
716)-1- 208
Mr. Walter Dickie
President
Lake Simcoe Regional Airport Commission
R.R. # 2
Oro Statio~ Ontario
LOl2EO
Dear Mr. Dickie:
RE: Lake Simcoe Regional Airoort
Thank you for your letter of August 27,2001, in which you provided the requested clarification
regarding the land to be sold and the purpose for which this land is to be sold at the Lake Simcoe
Regional Airport.
In light of your plan to ensure that the sales of the commercial lots will not impede the future
operation of the airport, Her Majesty agrees to waive clause 700(d) of the Financial Assistance
Agreement dated December 23, 1991, registered in our legal registry department as No. 140554
and is a valid agreement until the year 2011.
The cause to be waived reads as follows:
700 If in the opinion of the Minister, the Recipient has not made its best effort to comply
with any and all provisions of this Agreement or if,
(d) the Recipient seils. !eases convertS or otherwise disposes of the aerodrome or any part
thereof,
The Minister may, by giving ninety (90) days notice in writing to the Recipient, tenninate
this Agreement and direct the Recipient to pay forthwith to the Minister, as liquidated
damages, all or part of the contribution persuant to this Agreement, and the Recipient shall
comply with any such direction forthwith, it being expressly understOOd and agreed that
termination may not be invoked and liquidated damages are not due and payable under (d)
jf the relevent buyer, !essee other beneficiary enters into a written agreement with the
Minister whereby such buyer, lessee or other beneficiary assumes all of the Recipient's
obligations under this Agreement.
If you have any questions or concerns, please do not hesitate to contact Mary Louise Canning at
(416) 952-0484 or Karen Everett at (416) 952-0505.
Canada
00
We wish you luck in your new endevours at your airport.
Yours sincerely,
f!P~
Dave Washington
Regional Director
Programs
cc: M. Drumm. Airport Manager
Wendell McArthur. City of Barrie
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22
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SCHEDULE "E"
Correspondence dated March 31, 2001 from Province of Ontario approving sale of lands in
Schedules A and B.
SQfEDULE '1:' ,
4C( ~ t'1
@ Ontario
Mlnls1ry of
Transponatlon
Mlnlstere dea
Tl1Insport8
-1.
Transporwioo Policy BraDc:h
Room 330. Buikiing C
1201 Wdsoo AYa1UC
Dowuniew. OnWio
M3M U8
Tel: (416) 235-3502
Fax: (416) 23S-3573
March 31,2001
Mr. Rob Warman
President
Lake Simcoe Regional Airport Commission
R.R. #2
Oro Station, Ontario
LOL 2EO
Dear Mr. Warman:
Re: Lake Simcoe Regional Airport
....;.;;
Under the former Municipal Airports Program, the ministry provided fiz:tancial assistance for the
development and operation of a number of municipal airports throughout Ontario, including the
Lake Simcoe Regional Airport (formerly Oro-Banie-Orillia Regional Airport). The program
ended in 1998 commensurate with the realignment of provincial and municipal responsibilities
for the delivery of local services and the provision of associated funding under the Municipal
Capital and Operating Restructuring Fund (MCORF).
Subsidy approvals under the program had been granted pursuant to the general conditions of the
Municipal Airport Subsidy/Development Agreement. To satisfy administrative requirements for
the ending of the program, this is to advise there is no further requirement to contact the ministry
concerning any conditions/approvals outlined in the agreement (or, of course, in the program
policy and procedures manual). Without limiting the above, there is no further requirement to
contact the ministry concerning the disposition by the municipalities/Commission of any part of
the municipal airport property.
Should you have any questions on the above, please contact John Tron, Senior Policy Advisor,
Aviation at Tel. (416) 235 - 4045.
/-
'-
7erel~
K Whitestone
Director
23
SCHEDULE "F"
Description of Lands
1. Airside Commercial Development Area (Southwest)
Concession 7, Part of West part Lot 18 and Part of East art Lot 19 (Oro)
(more or less 2,068ha/5.1 ac)
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2002-061
Being a By-law to Authorize the Execution of a Supplementary Agreement
between The Corporation of the Township of Oro-Medonte,
The Corporation of the City of Barrie, the Corporation of the City of Orillia
and the Lake Simcoe Regional Airport Commission
for the Operation and Management of Lake Simcoe Regional Airport
WHEREAS s. 207, paragraph 5 of the Municipal Act, RSO 1990, c.M.45, as amended,
authorizes a Municipal Council to pass a by-law for entering into and performing of any
agreement with any other Council for fulfilling, executing or completing at their joint
expense and for their joint benefit any service within the jurisdiction of the Council;
AND WHEREAS s. 207 paragraph 10 of the Municipal Act, RSO 1990, c.M.45, as
amended, further authorizes, inter alia, a Municipal Council to pass a by-law for
establishing, operating, maintaining and improving aerodromes in compliance with the
Air Regulations (Canada);
AND WHEREAS, pursuQnt to the provisions of s. 207 paragraph 10 of the Municipal
Act, RSO 1990, c.M.45, as amended, a Council is also empowered to entrust the
control and management of any aerodrome so established to a Commission appointed
by Council;
AND WHEREAS, pursuant to the provisions of s. 207 paragraph 10 subparagraph (a)
of the Municipal Act, RSO 1990, c.M.45, as amended, a Council may acquire land in
the municipality or in an adjacent or adjoining municipality or in any adjacent or
adjoining territory with municipal organization, or may acquire by lease or otherwise, an
existing aerodrome in the municipality;
AND WHEREAS, the Township of Oro-Medonte, the City of Orillia and the City of Barrie
previously entered into a Joint Venture Agreement dated May 2, 1990 to establish an
aerodrome in the Township of Oro-Medonte, now known as the Lake Simcoe Regional
Airport, to service all three municipalities and to provide for the joint exercise in
connection with such aerodrome of all powers and rights contained in the said s.207
paragraph 10 of the Municipal Act, RSO 1990, c.M.45, as amended;
AND WHEREAS, the Township of Oro-Medonte, the City of Orillia and the City of Barrie
established a commission pursuant to s.207. paragraph 10 of the Municipal Act, RSO
1990, c.M.45, as amended, to manage, operate, maintain, and improve the Lake
Simcoe Regional Airport which commission was incorporated by Letters Patent in
accordance with the laws of the Province of Ontario as a corporation without share
capital known as the Lake Simcoe Regional Airport ;
AND WHEREAS the Township of Oro-Medonte, the City of Orillia and the City of Barrie
have entrusted the management, operation, maintenance and improvement of the Lake
Simcoe Regional Airport to the Lake Simcoe Regional Airport Commission;
AND WHEREAS the Parties hereto wish to provide for the continued management,
operation, maintenance and improvement of the Lake Simcoe Regional Airport to the
Lake Simcoe Regional Airport Commission;
it.!
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NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
follows:
1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the
Township of Oro-Medonte, the Lake Simcoe Regiqnal Airport Supplementary
Agreement, a copy of which is attached hereto and forms part of this By-law as
Schedule 'A'.
2. That this By-Law shall come into force and take effect on the final passing
thereof.
By-Law read a first and second time this 15th day of May, 2002.
By-Law read a third time and finally passed this
day of
,2002.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook
..
JLj b - 3
LAKE SIMCOE REGIONAL AIRPORT SUPPLEMENTARY AGREEMENT
THIS AGREEMENT made this
day of
, 2002.
BETWEEN:
THE CORPORATION OF THE
CITY OF BARRIE
(hereinafter called "Barrie")
OF THE FIRST PART
- and -
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
(hereinafter called "Oro-Medonte")
OF THE SECOND PART
- and -
THE CORPORATION OF THE
CITY OF ORILLlA
(hereinafter called "Orillia")
OF THE THIRD PART
- and -
LAKE SIMCOE REGIONAL AIRPORT
(hereinafter called the "Corporation")
OF THE FOURTH PART
PREAMBLE:
(1) WHEREAS Barrie, Oro-Medonte and Orillia have entered into an Agreement for the
operation and management of Lake Simcoe Regional Airport dated the day of
2002 (hereinafter referred to as the "Agreement") (attached hereto);
(2) AND WHEREAS the Agreement imposes certain obligations upon the Corporation with
respect to the management of its business and affairs;
(3) AND WHEREAS this Agreement is entered into for the purpose of confirming the
obligations of the Corporation pursuant to the Agreement;
NOW THEREFORE THIS AGREEMENT WITNESSES that the parties hereto in
consideration of the premises and the mutual covenants and agreements hereinbefore
contained and expressed, MUTUALLY COVENANT AND AGREE as follows:
-2-
/i/b ---1
,.
1. The Corporation hereby acknowledges the receipt of a copy of the Agreement and hereby
agrees to manage its business and affairs in accordance with the tenns thereof.
2. Barrie, Oro-Medonte and Orillia jointly and severally agree to promptly provide to the
Corporation any amendments or replacement of the Agreement that may be made from time
to time.
3. IN WITNESS WHEREOF the parties hereto have executed this Agreement under the hands
and seal of their duly authorized officers.
THE CORPORATION OF THE
CITY OF BARRIE
Mayor
Clerk
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
Mayor
Clerk
THE CORPORATION OF THE
CITY OF ORILLIA
Mayor
Clerk
LAKE SIMCOE REGIONAL AIRPORT
President
Vice-President