09 11 2002 COW Agenda
TOWNSHIP OF ORO-MEDONTE
COMMITTEE OF THE WHOLE MEETING AGENDA
DATE: WEDNESDAY, SEPTEMBER 11, 2002 TIME: 9:00 a.m.
COUNCIL CHAMBERS
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1. ADOPTION OF THE AGENDA
2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF: - "IN ACCORDANCE WITH THE ACT"
3. RECEIPT OF ACCOUNTS:
a) Statement of Accounts for the month of August, 2002.
4. DEPUTATIONS:
a) 9:00 a.m. Mr. Don Hanney, President, Burl's Creek Family Park, re:
Recycling.
b) 9:10 a.m. S/Sgt. L.J. Hassber~er, Detachment Commander, OPP, re:
Policing Results, 2n Quarter Statistics - April-June.
c) 9:20 a.m. David Fowler, Treasurer, Simcoe County Condominium
Corporation #35, re: Water Charges, By-law No. 2002-086,
5. CORRESPONDENCE:
a) Correspondence from Janet Foster, Policy Planner, City of Barrie, dated
August 13, 2002 re: City of Barrie Natural Heritage Mapping Project.
b) Minutes of the Lake Simcoe Regional Airport Commission Meeting held
Thursday June 20, 2002.
c) Minutes of the Barrie Public Library Board Meeting #02-05 held Thursday,
May 23, 2002.
d) Correspondence from County of Simcoe re: Notice of a Public Meeting
Concerning a Proposed Exception to County of Simcoe By-law No. 2840
e) Correspondence from Dino Sardelis, dated September 5, 2002 re: Part of
East Half of Lot 6, Concession 4.
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ADDENDUM
COMMITTEE OF THE WHOLE MEETING
Wednesday, September 11, 2002
~ CORRESPONDENCE
f) Correspondence from Mr. & Mrs. R. Dory, dated August 22, 2002 re:
Proposed playground at Pod's Lane and Alpine Way.
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September 10, 2002
Mayor Craig .
Council Members
Staff Members
RE: Newspaper article accusing Burl's Creek Family Event Park of being a poor corporate citizen by not
recycling plastic co~tainers
Mayor, Council, and Staff:
The question arises, is it now this councils position to alert a business operator of a concern in the media? I just need
to ]mow the rules of the game for my time at bat. This action as displayed in the paper is paramount to a declaration
of war. If it was the intention of this council by way onhis notice to awaken a sleeping giant you have succeeded.
To besmirch my name and. deface the name of one of the active community minded corporations in Oro-Medonte is
ludicrous to say the least. As a business operator, ratepayer, employee, or.elected official of the corporation ofOro-
Medonte it is our situation. It behooves us all to work in harmony to mutually succeed. The "we and they" contlict
mode of operation is costly time consuming and demoralizing for staff and citizens alike.
We in Oro-Medonte must be pro-active in our thoughts and actions not reactive to petty situations. I have no
recollection' af any resolution passed by any government body that stated treat the ratepayers as the enemy not the
employer.
Walter, I suspect you are suffering a memory loss called sometimers, you certainly had no difficulty remembering to
call me when you needed support for your Air Show - picnic tables, garbage containers & bags, and oh yes tents.
I trust all of council received the opportunity to attend our Jatest Flea Market Event. To witness first hand its
magnitude and to observe. our staff in action is an experience. Had you attended you would have observed our
various recycling procedures for tires, pallets, cardboard, barteries, and scrap metal along .with the disposing of
human waste products all at the expense of Burl's Creek Family Event Park.
In closing, there are a few matters that require immediate attention.
1. Written answ~rs to my questions in my letter to council
2. I require a written apology addressing these issues to provide to the media
3. I require completion of the signed settlement agreement
4, Please advise me of your position on my Jetter to Mike Drum and Airport Commission and his reply
I remain, as always / y. .1
//2~1/:Jz l,L0~~' ..
//:nald P. Hanney .
President
"Burl's Creek Family Event Park"
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"Home of the Barrie Automotive Flea Market"
Burl's Creek Family Event Park P.O. Box 210 Oro, Ontario LOL 2XO Phone: (705) 487-3663. Fax: (705) 487-6280
Web site: www.burJscreek.com Email: burlscreekpark@burlscreek.com
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ENVJIlONHENT~ . f\ESOIJI\:C~. I!'IC.
Augus, 14,2002
Burl's Crcek Family Event Pa.-k
Attn: Don HaDCY
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Dear Don:
! (;l1on supply you with t~<:yding bm!! from 68 quarts to 40 C'tL ydL
Going by my past and present experience, even. recyclillg require.2+hoUI consli!nl superVision.
If not content becomes contami.nated and will the treated Iii garbage Q~d will. hay;: 00 !Ie disposed of 01 your
expense.
I spoke '0 my ....ociate Clin, Connick at Muskoka ContaineIi2ed Sc(vicc'~ OUI s~!er ccimp;jny. He
mentioned that t'1ey had supplied recycle contaim:rs for four ditfi::re-llt events- thithn~n".1n;::r ~pd aU hud to be
trea.ed .. waste.
Should }-c.u w...s.h to diSCu.53 this fu.:.-ther af talk tv Clint pt.z3SiZ d.o-.not h~;:;:i.i,.;ij;:; fiJ: c~H ~j$. 1 C.:.ii. be re:ieJ.u;d ~t
323-7400 and CJillr at 645-4453.
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Ear1 Lumley
Capiro.! .E."\vironmentaI R<<ource Inc.
180 J~'T!e$ $HeH W~~t_ P_O. Bo~ B14 ()~.H;." f"I_.._~:~ . "\..........0 ,.......1. 1"""'-", ;"-",'" ~.,.~. . ~~ . - - - .. -., - f;:;';': (/(,,3I,:Q-5-BT56 ,.$
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Barrie Detachment
20 Rose Street
BARRIE, Ontario L4M 2T2
Ontario Provincial Police
(Phone) 705-726-6484 (Fax)705-726-6487
September 10. 2002
Mayor Neil Craig
c/o Oro-Medonte Township
RE: PolicinQ Results. 1" Quarter Statistics - J'anuory - Morch
Calls for Service 770
Total hours dedicated to Township 5669.00
Initial calls for service (hours) 1273.00
Report writing hours 241.00
S.O.C.O (Scenes of Crimes Officers) hours 5.00
Patro' hours 2135.25
Assistance hours by officers 661.50
Follow-up hours 1353.25
Community services 28.00
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S/Sgt L.J'. Hassberger, #3997
Detachment Commander
LJ'H/ js
Att: 2.
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. 1111111111111111111111
. RQYAL LEPAGE
. 1111111111111111111111
Sept. 3rd, 12002
Status Report on 279 4th Line South, Oro:
Since the property was listed there have been J 9 showing~, none of which
have resulted in an offer. The farm has been listed on bo~h the Barrie &
Toronto Real Estate Boards and advertised extensively in! the Barrie
Advance, The Real Estate Book, the York edition of the Real Estate
Advertiser, and the Internet. The price has been reduced ~y $45,000 since it
was first listed this year.
J realize that )'ou are feeling very frustrated and want to ~ow what we can
do to generate an offer. First of all, I can assure you that, ~s far as keeping
the place inside and out, in "show shape", you are doing ,an admirable job.
Almost every person who has been through has commen~d on what a lovely
job you have done with the house. Secondly, we have cI~ar evidence that
the advertising is being seen and generating interest. I reqeive cans on the
property on an almost daily basis. Many of the callers wish to do a drive by
tlrst and unfortunately that is often the last I hear from them.
The only negative comments I have heard on a regular basis throughout the
course of the listing are the fact that the property is too clpse to the Industria]
Lands and that the view ITom the house is seriously compromised asa result.
Apart from that, I feel we would have had no problem in iobtaining an
acceptable offer at a very good price. Since the property cannot be moved, I
believe that some sort of natural buffer or screening is th~ best way to deal
with the problem.
I hope this is of help to you in making your decision as to how to proceed in
the sale of your property.
Sin~ . \\,e~
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Adrienne Meier, Sales Rep.
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AUG 2 9 2002
OS;~~~~we August 22, 2002
Mayor N. Craig and all Oro-Medonte councillors,
We have advised you in deputations and letters of our concerns with
the drainage problems on the lot which the playground is to be located on at
Pods Lane and Alpine Way. I have notified the Township on several
occasions of water backing onto our property at 26 Alpine Way from the
planned playground lot and doing damage to our property. I have also
spoken with Mr. Gerry Ball regarding this problem.
The Township was given a report by Mr. Douglas Comrie regarding
his findings with respect to the drainage problems on this lot. At the June
19th 2002 Council meeting the C.AO. ofOro-Medonte stated that the
Township's hydrologist did not believe there were any problems regarding
the drainage, watercourse, or sinkholes located on the lot. 1 am requesting a
copy of the reports that the hydrologist from the Township made regarding
his findings as well as any reports that were made relating to this lot on
which this planned playground is to be situated.
As homeowners who live in the immediate area of your planned
playground we believe our concerns are justified and fear extensive damage
may result from the poor drainage conditions which are present and
deteriorating daily. We trust you will provide us with all reports so that we
have the Townships position regarding this problem on file pending any
further damage to our property. id
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d Mrs. R. Dory,
26 Alpine Way
orseshoe Highlands.
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279 Line 4 South RECEIVED d~
R.R.#I
Shanty Bay, Ontario LOL 2LO 5J)
SfP - 6
September 4, 2002 2D02
o~g~~~~~rE
Township ofOro-Medonte
P.O. Box 100
Oro, Ontario LOL 2XO
Attention: Mr. N. Craig, Mayor, J. Zielenowski, CAO, A. Leigh, Planner, K.
Mathieson, Engineering, R. Kolbe, By-Law Enforcement, H. Hughes, Councillor,
M. Pennycook, Clerk,Members of Council..........
RE' BUFFERING/SCREENING OF 279 LINE 4 SOUTH LOT 22, ORO FROM
NEIGHBm JRING INDJ JSTRIES
In response to your letter of June 20, 2002 it appears that Ora Township Council feels
these long-standing issues have been resolved to everyone's satisfaction as copies have
been sent to the three neighbouring industries.
I hereby register my disagreement and disappointment with the resolution as satisfactory
or effective to me. While increasing the height of Vandergeest's berm and trees and
confirmation of his proposal to carry forward with this plan albeit in an unspecified
timeline, is helpful, it is unacceptable as the only solution to the buffering/screening/noise
problems.
Over the summer Vandergeest extended their day/evening hours into the night with the
lights, welding, banging on metal, zipping of forklifts extending until approximately until 3
a.m. The effects of not being able to open windows during the night during the extended
heatwave of this summer as weJl as aJl the other effects on my family, as documented in
previous correspondence, is unexcusable and destructive. As you are aware, in the last
two weeks an adjoining massive structure about 1- 1/2 the size of Vandergeest's first
building with doors also facing my house/yard is under construction and I am assuming
wiJl double the problems. Since the facility has dosed Friday evenings and Saturdays
during the month of August, a reprieve from the prior six-day, almost 24-hour operation
was appreciated, however, this may change at any time. Simply closing the doors facing
me from 6 p.m. to 8 a.m. would also help enormously, however, this is not done.
May 1 respectfuJly remind Council of the foJlowing:
1. There seems to be undue concern by all parties that this property was listed for sale.
Should you take time to read previous correspondence 1 have made it amply dear that
it is because the effects of these burgeoning and developing industries have left me in
the unthinkable and frustrating David and Goliath position of feeling forced out. My
family cannot live here peacefully, nor can we selL
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279 Line 4 S, Om, September 4, 2002, Continued - 2 -
AJl previous correspondence refers to this feeling of entrapment. Please refer to the
encJosed letter from the real estate agent who has listed this property since last July.
It is obvious to all who view it that the industries are a major problem now.
Regardless of who lives/farms there, the problems remain the same.
2. Changes to the Official Plan to incJude effective buffering/screening from existing
industries have been suggested several times as weB as in public input requested.
3. An effective noise bylaw regulating industries/commerce with fines for violations,
specific hours, etc. has also been suggested several times. The current bylaw applies
to music and barking dogs only.
4. No mention has been made of the promise to cJean up Ericanna's garbage at the back.
The Clean and Clear bylaw would be of use here and I now ask that the enforcement
officer attend to this. (perhaps the Drive-In, Wakeman Hardwood and Shanty Bay
Auto Wreckers could also be encouraged in this regard.) The Clean and Clear
bylaw received minimal exposure in the last newsletter - one sentence with little
explanation.
Mr. Mayor, in the Oro-Medonte Chamber Business Directory on Pages 10 and 11, you
state that Oro-Medonte has "an unparaBeled quality oflife" , that it is "a growing rural,
family-oriented municipality", "a natura] landscape" where we can "enjoy a peaceful,
country atmosphere" "surrounded by beautiful scenery" and "we offer a quality oflife
second to none". You also state "numerous business opportunities exist in our industrial
parks". Oro-Medonte is promoting both of these, yet not providing effective
buffering/screening for private individuals. What I have requested in the past are effective
solutions to reasonable expectations for a private citizen living in an agriculturalJy zoned
adjacent property - to be shielded from the effects of industry.
Perhaps the folJowing may also be part of the solution:
]) Oro-Medonte as a partner in this problem is not doing its part. The consultative
meeting yielded no additional results other than Vandergeest's site plan and that
required adjustment. What is Oro planning to do to alJeviate these problems? 1 have
made many suggestions here and in and previous correspondence.
2~The estimate of$6,600 for twenty t~ees is at $300 per tr.ee. I ~ust assume these
.iwould be planted near my yard as dIscussed at the meetmg. Smce there are five
parties involved, perhaps some cost sharing could be negotiated. AJthough I feel
the industries that have created the problems should be financiaBy responsible for
solving them, Oro is also a partner in approving this industrial park. Duncor and
Ericanna did initially suggest suggestions regarding trees on their properties as well,
however, Council then accepted their decision to do nothing.
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279 Line 4 South, Oro September 4, 2002 - 3 -
3) Encourage industries of their civic responsibilities and consideration of their
neighbours through the Township newsletters, Chamber of Commerce newsletters,
through awards, recognition, photos, etc.
These and alJ other suggestions that have been made by me should not be the only
solutions put forth. I expect that Oro and Council wiJJ also do its part responsibly and
financialJy.
I anticipate hearing from you in the near future regarding further solutions to this now
three-year and ever-increasing ordeal that wm surely impact others as well.
Sincerely,
qu~uJd7'~
Irena-W. Szczebior (Ms.)
cc
~""W'''WN,W~'.''''_'.'N.
3
There is sti]] no word on paving stones.
W. Porter asked about the amount of volunteer hours at the Cafe and asked what
the maximum nlUllber of hours would be.
L. McClean asked about the elevator and whether spare parts should be ordered.
Regarding Item 7 under Personnel - the Director noted that there is a commitment
of approximately 30 hours per month required if he is asked to join the Barrie
Rotary Club.
9. New Business
None.
10. Other Business
None.
II. Committee Meeting Dates
Personnel Committee -Tuesday June 4 6:30pm
Planning Committee - Thursday June 20 6:30pm
Community Relations Committee - Thursday June 20 at 7:30pm
12. Date of Next Board Meeting
Thursday, June 27, 2002 at 7:30 p.m. in the Consumers Gas Board Room
12.1 Adjoumment
the meeting at 8:40pm was made by T. Blain.
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SECRrt AWf. DATE /
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THE CORPORA TJON OF THE COUNTY OF SIMCOE
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NOTICE OF A PUBLIC MEETING
CONCERNING A PROPOSED EXCEPTION TO
. COUNTY OF SIMCOE BY-LAW NO. 2840
TAKE NOTICE that the Council of the Corporation of the County of Simcoe will hold a public
meeting on the 24th day of September, 2002 at ]0:00 a.m. in the County of Simcoe Council
Chambers, County of Simcoe Administration Centre, 1110 Highway 26, Midhurst, Ontario to
consider a proposed amendment under Section 34 of the Planning Act, R.S.O., 1990, c. P. 13, as
amended.
PURPOSE AND EFFECT
THE PURPOSE of the proposed amendment to By-law No. 2840 of the County of Simcoe is to
provide a site specific exemption to Section 3 (a) of the "Setback" By-]aw No. 2840 to pennit the
continued placement of the house at 21 Quinlan Road, Barrie, also known as Lot 367, Reg. Plan
51M- 6]9 in the City of Barrie.
Presently, Section 3(a) of By-law 2840 of the County of Simcoe prohibits construction of a
building unless it is at least ]0.67 meters (35 feet) from County Road 93.
The house at 21 Quin]an Road, Barrie is 5.2 meters (17.0 feet) from County Road 93.
A KEY MAP showing land to which the proposed by-law exception applies is on the reverse side
of this notice.
ANY PERSON may attend the public meeting and make written or verbal representations either
in support of or in opposition of the proposed by-law amendment.
IF A PERSON or public body that files an appeal of a decision of The Corporation of the County
of Simcoe in respect of the proposed amendment does not make oral submissions at the public
meeting or written submissions to The Corporation of the County of Simcoe before the proposed
amendment is adopted by by-Jaw, the Ontario Municipal Board may dismiss an or part of the
appeal.
ADDITIONAL INFORMATION related to the proposed by-law amendment is availab]e for
inspection in the Clerk's Office at the County of Simcoe Administration Centre during regular
office hours - Monday to Friday, 8:30 a.m. to 4:30 p.m.
DATED AT the County of Simcoe this 30th day of August, 2002.
KEY MAP . -::: q - d.-
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ILAN ROAD W+E
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Subject Lands #_ __~ :n.iJ""'P.~lttriftw/ooJfWu.prvI.""'J'_bt~~
~./}~~ ..i1'-'I/w:.ritIno....,loarityJr-w,~cfSi_,
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~ 21 Quinlan Road /:;-- " '~ iANiJ~'i_N~C~#}llNC:1fX)}
~,,,-,,-, ,",":"i'i;, l'~,dli1ljlGnllUllkrlic~/I1wIwCi!it::4flH1r>V& Qriflj"
Lot 367, Plan 51M-619 ;., ---1 tmdIMQ~M~<fNorldtf//{f~,
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City of Barrie ~-_-_~~ TItUIIIDpi:1"""..lff.GJIJ6W].F/1f'~~CIJlI~I726-9j()(),,,
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RECEIVED
SEP - 5 20n7
September 5, 2002. ORO-MEDONTE
TOWNSHIP
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The Mayor & Council
Oro - Medonte Township
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Re: Part of the East Half of Lot 6, Concession 4
I am the registered owner of the above property and it has been held in my family for
approximately 10 years. I am now enquiring on the foJJowing issues:
Could the current by-law be changed to aJJow one of the foJJowing options?
i) Is it possible to sever Yz of the total area of approximately 70 acres? This
would of course provide two (2) segments of35 acres each.
ii) Is it also possible to sever this property into several clear titled lots in
support of a subdivision? These lots would be estate lots of approximately
1 acre each.
I am making these enquiries to support my financial and estate planning matters and
would appreciate your early response as to the acceptability of these proposals. You can
reach me at the foJJowing numbers:
Tasty Market (Barrie) 722-7844
Home phone# 458-1559
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Sincerely, ~ -,
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Dino Sardelis
R.R.#2,
Thornton, Ontario.
LOL 2NO
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MEMORANDUM
August 27, 2002
TO: J. NeiJ Craig, Mayor
FROM: Paul GraveJle, Treasurer
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RE: RoJl # 040 00121900
Earlier this year, the Municipal Property Assessment Corporation (MP AC) re-assessed ,.
the said property retroactive to January 1 ", 2000 as commercial assessment rather than
the previous residential assessment. There was also an increase in the assessed value
resulting from improvements made to the property.
Please find attached an analysis of the tax impact of these assessment changes. Please
note that approximately 85% of the additional tax is for education purposes. Prior to the
tax reforms implemented in 1998, commercial properties were taxed at a mjlJ rate 15%
higher than residential properties for Township, County and Education purposes,
Subsequent to the tax reforms, commercial properties are taxes at a tax rate 18.77%
higher than residential properties for Township and County purposes. However, for
education purposes, the difference ranges from 429% in 2000 to 465% in 2002.
Tax relief may be available to this property pursuant to the comparable properties
provisions of Bill I40. MPAC will provide a list of up to six properties comparable to
this property. If the average tax level of the comparable properties (capped taxeslCV A
taxes) is less than 100%, then the taxes for the subject property are reduced to that level.
If the average tax level is greater than 100%, taxes for the subject property remain at
CV A taxes. I have attached a sample of each situation for your perusal.
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2001 Tax Responsibility For Business Properties Subject OPTA
to New Construction or other Classification Changes
(Section 447.70 of the Municipal Act)
I Eligible Property IIRTCII Address IIEffective Taxation Datell Last Modified I
143-46-01 0-003-2 I 6-05-0000IDILINE 6 NIII/1/2001 113/1/2002 11: 11 :34 AMI
Step 1: Determination of2001 Overall Level of Taxation for Com arable Properties Selected ,
I IB 2001 CV A Taxes 2001 LevelofTaxcs
Comparable Selected Without Adjusted for Com parables
Adjustment Taxes
IA liB lie = B 1 A I
143-46-030-012-261-431 VERNETT 0112254 '1 111861 j 1138.1988% I
HOLDINGS LID
TORMONT 0112400 1111854 vi 1177.2500% I
43-46-030-012-262-05 INDUSTRIES ;,,../ !
LTD
606630 0112295 1~]72.5490% I
43-46-030-012-262-10 ONTARIO J;
;
LIMITED
IAverage Level of Taxation II 62.6659%1
Step 2: Determination of 2001 Revised Tax Resnonsibilitv For Eli2ible Property
IRTcl~ 2001 CV A Taxes Overall % Level of 2001
Eligible Property CVA Without Adjustment Taxes for Com parables Adjusted
Taxes
IA liB lIe=A*B 1
143-46-010-003-216-05IDI4I,500 111,443 " 1162.6659% 11904 I
Notes:
I. In Step I, the 2001 CV A Taxes Without Adjustment and the 2001 Adjusted Taxes, pertaining to the
comparables identified, represent the tax determination for 2001 under section 447.65 or 447.67 of the ,
Municipal Act, as appJicable.
2. Uthe OveraJJ Average Level of Taxation for Comparables in Step 1 exceed 100 per cent then the
OveraH % Level of Taxes in Step 2 (Column B) shaH be set at 100.0000%
Please Note: Your property has been identified by the Regiona] Assessment Office as an eligible
property for review under the provisions of section 447.70 of the Municipa] Act, to ensure your 2001
taxes are no higher than the taxes on comparable properties in the vicinity. This Notice of
determination replaces any previous Notice you may have received under this provision and re-
establishes the 90-day period for appealing the list of comparables or the fact that no comparables have
been selected.
fob)~1
DRAFT
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO.
Being a By-law Respecting Smoking in Public Places
in the Township of Oro-Medonte
WHEREAS the Municipal Act, R.5.0. 1990, Section 213, Chap. M.4S, as
\ amended authorizes a municipality to pass a by-law regulating the smoking of tobacco
and the carrying of lighted tobacco products in public places within the municipality and
to designate public places;
AND WHEREAS it has been determined that second hand tobacco smoke
(exhaled smoke and the smoke from idling cigarettes, cigars and pipes) is a health
hazard or discomfort for many inhabitants of the Township of Oro-Medonte;
THEREFORE the Council of the Township of Oro-Medonte enacts as
follows:
1. DEFINITIONS
In this by-law:
(a) Ashtray: means a receptacle for tobacco ashes and for cigar and cigarette
butts;
(b) Council: means the Council of the Township of Oro-Medonte;
(c) Inspector: means a person appointed or contracted by Council to enforce this
by-law;
(d) Person: includes a corporation;
(e) Proprietor or Other Person in Charge: means the person who controls,
governs or directs the activity carried on within the premises designated as
prohibited areas under this by-law and includes the person who is actually in
charge thereof at any particular time;
(I) Public Building: means any building or group of buildings to which the public
has access;
(g) Public Facility: means any hall, room, or banquet area that is publicly owned
. and is rented for an event or function;
(h) Public Place: means the whole or part an indoor area to which the generai
public is invited or permitted access and includes publiC transportation;
(i) Public Portion: means the area of any building to which the public has access;
U) Public Transportation: means a vehicle licensed for the purpose of
transporting the public;
J I \
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19 J-"'"
(k) Smoke or Smoking includes the carrying of a lighted cigar, cigarette, pipe or
any other lighted smoking equipment; and
(I) Township: means the Township of Oro-Medonte.
2. GENERAL PROHIBITIONS
2.1 No person shall smoke in any public place designated under Section 2 of this by-
law.
2.2 The following are designated public places for the purposes of this by-law:
(a) public building ,
(b) public facility
(c) public portion of a building
(d) public transportation
3. SIGNS
3.1 The proprietor or other person in charge of any public place designated or
regulated under this by-law shall ensure that a sufficient number of signs as
prescribed by Section 3.2 are conspicuously posted so as to clearly identify that
smoking is prohibited and shall ensure that:
(a) signs are posted at every entrance to a public building, which are visible
and in sufficient numbers, clearly indicating that smoking is prohibited in
the public building, and
(b) signs referred to in clauses (a) are in accordance with Section 3.2.
3.2 (1) The signs referred to in this by-law shall consist of graphic symbols that
comply with the provisions of this section.
(2) The following graphic symbol shall be used to indicate the areas where
smoking is prohibited pursuant to this by-law:
on a white background with the circle and the interdictory stroke in red.
(3) The graphic symbol referred to in subsection (2) shall include the text .
"Township of Oro-Medonte By-law" in letters and figures at least five (5%)
percent of the diameter of the circle in the symbol.
(4) To the symbols referred to in subsection (2) there may be added
additional appropriate symbols such as directional arrows.
(5) Despite the fact that the symbol referred to in subsection (2) is a
cigarette, it shall include a lighted cigar, cigarette, pipe or any other
lighted smoking instrument.
/ i \
(yb)-3
(6) With respect to size of the graphic symbol, the diameter of the circle of
the symbol referred to in subsection (2) shall be not less than ten
centimeters (10cm).
(7) Deviations from the colour or content of the signs prescribed by this
section that do not affect the substance or that are not calculated to
mislead do not vitiate the signs.
(8) Any sign prohibiting smoking that refers to a by-law of an old municipality
is deemed to be referring to this by-law.
4. ASHTRAYS
,
The proprietor or other person in charge of a public place regulated under this by-law
shall ensure that no ashtrays are placed or allowed to remain in any public place where
smoking is prohibited pursuant to this by-law.
5. COUNCIL-APPROVED POLICIES
5.1 Council-approved non-smoking policies with respect to the Township's buildings
are deemed to be specified within this by-law.
5.2 No person shall smoke in any area designated as an area where smoking is
prohibited by any Council-approved policy referred to in Section 5.l.
6. DUTIES
No proprietor or other person in charge of a public place shall permit smoking where
smoking is prohibited under this by-law.
7. OFFENCES
7.1 Any person who contravenes any of the provisions of this by-law is guilty of an
offence.
7.2 Any person who hinders or obstructs a person lawfully carrying out the
enforcement of this by-law is guilty of an offence,
8. FINES
Every person who is convicted of an offence pursuant to this by-law is liable to a fine of
not more than FiveThousand Dollars ($5,000.00) as provided for in the Provincial
Offences Act, R.5.0, 1990, Chap. P.33.
. 9. ENFORCEMENT
9.1 The provisions of this by-law respecting the designation of non-smoking areas,
the posting of signs and the duties imposed on the proprietor or other person in
charge of a public place shall be enforced by inspectors.
9.2 An inspector may, at any reasonable time, enter any designated public place for
the purposes of determining compliance with this by-law.
&"
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b)-Lj
10. CONFLICTS
If a provision of this by-law eonfiiets with an Act or a regulation or another by-law, the
provision that is the most restrictive of smoking shall prevail.
11. SEVERABILITY
If any section or sections of this by-law or parts thereof are found in any court of law to
be illegal or beyond the power of Council to enact, such section or sections or parts
thereof shall be deemed to be severable and all other sections or parts of this by-law
shall be deemed to be separate and Independent therefrom and to be enacted as such.
12. EFFECTIVE DATE
,
This by-law shall come into force and effect on
By-Law read a first and second time this day of
By-Law read a third time and finally passed this day of
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor J. Neil Craig
Clerk, Marilyn Pennycook