10 16 2002 Council Agenda
TOWNSHIP OF ORO-MEDONTE
COUNCIL MEETING AGENDA
COUNCIL CHAMBERS
DATE: WEDNESDAY, OCTOBER 16, 2002
TIME: 7:00 p.m.
..........................................................................
1. OPENING OF MEETING BY MAYOR
2. PRAYER
3. ADOPTION OF AGENDA
4. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF - IN ACCORDANCE WITH THE ACT"
5. RECOGNITION OF ACHIEVEMENTS
Nil.
6. MINUTES OF PREVIOUS MEETINGS
a) Minutes of the Council Meeting held Wednesday, October 2, 2002.
................................................................................
7. CONSENT AGENDA CORRESPONDENCE:
a) Simcoe County District Health Unit, update re: West Nile Virus.
8. DEPUTATIONS:
a) 7:00 p.m.
Public meeting re: proposed Zoning By-law Amendment under
Section 34 of the Planning Act, R.S.O. 1990c.P. 13, 87 Bass Line,
Concession 1, Part of Lot 1, RP 51 R-12429 Part 1 (formerly within
the Township of Orillia).
b) 7:30 p,m.
Dr. Evelyn Elsey, Valley Road Health Centre and Pamela Gilchrist,
Barrie & Area Recruitment Officer re: Physician Recruitment
Program.
B02002-12, Ron Kolbe, Director of Building/Planning, re: Fox request to
live in a trailer.
No. PD2002-34, Andria Leigh, Township Planner, re: Zoning By-law
Heritage Hills Golf Course, Concession 2, Part ofLot 20 and D (Oro).
No. PWS2002-12, Jerry Ball, Public Works Superintendent, re: tender
for construction of sand storage building, North pit.
,
10. COMMUNICATIONS:
a) Township of Severn, resolution re: Coldwater Narrows Reserve.
b) Severn Sound Environmental Association, correspondence re: North Simcoe Rural
Water Quality Improvement Program grant money.
c) Azimuth Environmental Consulting Inc., correspondence re: Playground site at Pods
Lane.
11. REPORTS OF COMMITTEES:
a) Minutes of the Committee of the Whole meeting held Wednesday, October 9,2002.
12. PETITIONS:
13. UNFINISHED OR NEW BUSINESS:
14. BY-LAWS:
a) By-law No. 2002-103 Being a by-law to authorize the issuance of a
Certificate of Substantial Completion and Acceptance
(Underground Works) for Arbourwood Estates Subdivision-
Phase II, Plan 51M-696.
p .
b) By-law No. 2002-104 Being a by-law to rezone Concession 2, Part of Lot 10 and
Lot D, RP 51 R-28593, Part 1 , Township of Oro-Medonte
(formerly Township of Oro), County of Simcoe (Heritage Hills
Golf Club Limited).
15. IN-CAMERA:
a) Jennifer Zieleniewski, CAO, discussion re: legal matters.
b) Report No. ADM2002-040, Jennifer Zieleniewski, CAO re: Administrative
Streamlining and Reorganization (deferred from Committee of the Whole, October 9,
2002).
16. CONFIRMATION BY-LAW NO. 2002-105
,
17. ADJOURNMENT:
.
18. QUESTIONS:
. ..
ADDENDUM
COUNCIL MEETING
Wednesday, October 16, 2002
9. REPORTS OF MUNICIPAL OFFICERS:
d) Report No. ES2002-53, Keith Mathieson, Director of Engineering and Environmental
Services, re: Heritage Hills Golf Club Ltd., Road Improvement Agreement (see
By-law No. 2002-106).
14. BY-LAWS:
c) By-law No. 2002-106 Being a by-law to authorize the execution of a Road
Improvement Agreement between the Corporation of the
Township of Oro-Medonte and Heritage Hills Golf Club Ltd.
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From: Healthfax 705-72.1-1495 To: Marilyn Pennycook
Date: 10/7/2002 Time: 1:20:44 PM
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SIMCOE COUNTY
DISTRICT HEALTH UNIT
Dr. George Pasut, Medical Officer of Health
Dr. Susan Surry, Associate Medical Officer of Health
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West Nile Virus Update
Attention:
Date:
CAO's - Simcoe County Municipalities
October 07,2002
This health fax is to update all municipalities in Simcoe County on West Nile Virus. West
Nile Virus (WNV) has been detected throughout Ontario, as well as the Maritimes,
Quebec, Manitoba, and Saskatchewan. There have been 11 confirmed human cases in
Ontario and preliminary tests indicating 39 probable human cases with further suspect
cases currently under investigation. Human cases have been detected in 9/37 health
jurisdictions in Ontario. No positive human cases have been detected in Simcoe County.
To date, WNV surveillance efforts in Simcoe County have included 391 dead crow
sightings and the collection of 78 dead crows. Of the crows submitted for testing, seven
have been tested WNV positive, Mosquito surveillance efforts have detected two positive
mosquito pools in Simcoe County. The positive mosquito pools identified a mosquito
specie that bites both birds and other mammals, These results suggest that WNV can be
considered to be present throughout Simcoe County in either the bird reservoir hosts, or
the mostquito vectors.
The health unit has been requested by the laboratory to resume dead crow pick up for
testing of West Nile Virus, Results of the surveillance will help identify the presence of
WNV throughout the month of October. Therefore, we are asking all municipalities in
Simcoe County to continue to direct all calls regarding dead crow sightings to Health
Connection at the Barrie office health unit.
For further information on West Nile Virus, please check our website www,simcoehealth.org,
If you have any questions, please contact Laurie Stanford, Manager, Health Protection
Service (ext 233), or the Communicable Disease Team at (705) 721-7520.
BARRIE OFFICE TeI705-721-7520 Fax 705-721-1495 SOUTH SIMCOE call toll free 1-877-721-7520
Page 10f1
NOTICE OF l'UIIUC'I\1EETlN(;
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1'01( A l'I(OI'OSED Z,ONING IIV.LA W AMENDMENT OF
TilE TOWNSIIII' OF OIH).MEDONTE
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'fA KIC NO'f(('E l/tii! tile CoulI<::il or HIe; CorpotllllOlI pf !hl' Towl/ship of ()nhMt-donl~ \:'Iill hold 1\ Puhlir
McelillF on W.'dncxduy,OrluhtT It" 20()2 ut 7:0U p.m, III IlIe Municipal COllocil C'hambC'l'I'. The purpose
of Iht' puhlic meefing j!, to ohwio puhlic cutnflltll!S on ;1 propo....ed Zoning By-IHw AIJJCmlnlcnt, unde!
ScC!ltJI\ )4 of the pturllling !\CI,I{,SJJ, 1990 c, P. I J
TilE PROPOSEIJ Zoning By-law AmcndmclI1 would rezone the lands described as Concession I, Pan of
Lot I, RF 51 R. I 2429 Pun I (formerly within the Towmhip of Orillia). The subjccl lands iJfC proposed to be
rezoned from the Gencml COlrnnercial (OC) Zone to the General Commercial Exception (OC*) Zone. The
subject property is 10 be used (or a self-storage cswblishment.
.
A KEY MAP for File P-132102 is provided below,
ANY PERSON may attend the public meeting andlor make wriuen or verbal representation either in support
of or in opposition to the proposed Zoning By~law Amendment. If a person or pubHc body that files an
appeal of a decision of the Township of Oro-Medome in respect of the proposed Zoning By-law Amemtment
does not make oral submission at the public meeting or make written submissions to the Township before
the proposed Zoning By~law Amendment is adopted, the Ontario Municipal Board may dismiss aU or part of
the appeal. If you wish to be notified of the adoption of the proposed Zoning By~law Amendments, you must
make a written request to MarHyn Pennycook, Township Clerk, a( the address noted below.
ADDITIONAL INFORMA nON relating to the proposed Zoning By-law Amendment is available for
inspection between 8:30 a.m. and 4:30 p.m, at the Township of Oro-Medonte Administration Building, in
the Planning Department.
DATED at the Township of Ora-Medome this 26'" day of September, 2002,
300
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Marilyn pennycook, Clerk
Township of Oro-Medonte
P,O, Box 100,
Oro, Ontario
LOL2XO
Brent & Kim Settle
87 Bass Line
RR#2 Orillia, ON,
L3V-6H2
705-325-9199
October 02, 2002
Att: Mavor & Members of council
Dear sir/madam,
This letter is in regards to the proposed zoning by-law amendment, described as Concession 1.
Part of lot 1, RP51R-12429 part 1 (formely within the township of Orillia),
We do not approve of this rezoning for the purpose of a self-storage establishment. We reside to
the east of this property (#87 Bass Line), and our backyard is in full view of the proposed site, We
feel that it is security risk for our children, when people are coming and going at all hours of the
day, and possibly night. We worry about any criminal activity within the storage units, and feel that
our propery and dwelling could be at risk. There will be an increased level of traffic and noise, We
are concerned about the amount of any unwanted items flooding into our property, If in the future
we decide to relocate, the value of our house will depreciate. and we spend many hours in the
backyard, looking at this will be a complete eye sore,
Please take into consideration our cause for concern over this proposed plan,
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Kim Settle -
RECEIVED
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ORO-MEDONTE
TOWNSHIP
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Mr. & Mrs, Dwayne Sheard
81 Bass Line
R.R. #2
Orillia, Ontario
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RECEIVED
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ORO-MEDONTE
TOWNSHIP
September 30, 2002
Marilyn Pennycook, Clerk
Township ofOro-Medonte
PO, Box 100
Oro, Ontario
LOL 2XO
ATTENTION: Council of the Corporation of the Township of Oro-Medonte
Dear Sir/Madame,
We are submitting this letter in regards to the proposed Zoning By-law Amendment, under
Section 34 of the Planning Act, RS.O, 1990 c, P ]3,
Weare in total disagreement regarding the above proposal rezoning the lands described as
Concession I, Part of Lot I, RP51R-12429 Part I (formerly within the Township of Orillia),
We own one of the properties that backs up to the above mentioned property (see enclosed map).
We feel that by having storage units within any close proximity to our property will be a great
hinderance to us,
There are a lot of negative reasons as to why we disagree such as: the increase in vandalism, decrease
in the re-sale value of our property, increase in property insurance(ifwe have to submit any claims
for vandalism), increase in noise, danger to our children and not to mention it will be an eye-sore,
We feel that storage units should not be allowed near any residential areas We have two small
children ourselves and most of the close neighbours have children as well, Self-storage establishments
should be in industrial areas not in a residential area,
Iffor any reason this Zoning By-law Amendment goes through we would like to be notified as soon
as possible so that we may appeal the decision,
Sincerely,
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D ayne eard
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DR. EVElYN ElSEY, B.Sc., D.D.S., DENTAl SURGEON
_ Valley Road Health Centre
213 Horseshoe Valley Road, R.R. #2 Ora Station, Ontario LOL 2EO
Phone (705) 835.5196
Fax (705) 835-1501
September 30, 2002
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Marilyn Pennycook
Clerk
Township of Oro-Medonte
148 Une 7 S, Box 100
Oro, Ontario
LOL 2XO
RECBVED
OCT D 9 ZGGZ
QRO,1;,\EDONTE.
l Tl)W!I!SI\IP
Dear Marilyn:
Further w a conversation you had with my staff, I am writing this letter w request that I be
added w the Agenda for the Ocwber 16, 2002 Council meeting. Pamela Gilchrist (the new
Barrie & Area Recruitment Officer working from RVH) and I would like w make a
presentation w Council regarding the Physician Recruitment program in our area, with respect
w Council's financial contribution.
Yours truly,
\i ~l~{1
Evelyn Elsey pv- Cf-
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October 16, 2002
Presentation to Oro-Medonte Council:
Physician Shortage in our Community
We only have to read the local newspaper or watch the regional new station to realize that
Simcoe County has a significant shortage of Family Physicians, and that a significant
proportion of the population of our community lack access to a Family Physician.
Council members and guests, thank you for allowing us to addresses you this evening. I
am Jim Bolton, a local Family Physician, and have been actively involved in a
Community Task Force to recruit and retain Family Physicians for our community. This
evenings' presentation will outline the degree of the current family Physician shortage,
the impact the shortage is having on our community, what is currently being done to
address the current shortage, and why we need the support, including financial support, of
the entire community.
At the outset, we must emphasize that we are not speaking on behalf of the Royal
Victoria Hospital (RVH). This presentation is not about health care funding, and it is not
about expanding services and the RVH. This is a community issue and we all share the
need to address this problem.
A Community Task Force has been created to assist in the Family Physician recruitment
efforts fOT Barrie and the surrounding region. We have had excellent support from RVH,
in fact, to date all expenses for our recruitment program, with the exception of funding
fOT a Recruitment Promotional Video, have been provided by Royal Victoria HospitaL In
addition to financial support, RVH has had representation by a member ofthe Board,
Cathy Caldwell, and Richard Kelly, Head of Human Resources, has been a driving force
behind our task force. Cephas Panshow and the staff of Barrie's Economic Devleopment
Office have been an excellent resource for our Community Task Force. We have four
Page 1 of6
Physicians - Drs. Irvin, Skory, Ballagh and myself as well as one dentist - Evelyn Elsey
ofOro-Medonte are also on the task force. Joe Tascona's assistant has been a member
and we have representation for the Chamber of Commerce. Local community groups
such as the Springwater Lions Club, Rotary and several private citizens rrom Barrie and
the surrounding communities are also on the Task Force. Although RVH has been very
supportive with the efforts of the Task Force, including financial support, it must be
stressed again that this is not a hospital problem, this is a community problem and
support, including financial support is required rrom the community.
In the city of Barrie alone there are 25,000 to 30,000 people who lack a Family
Physician. This number is significantly higher when we combine it with Oro-Medonte.
While completing our application for designating Barrie and the surrounding regions as a
Medically Underserviced community, we identified a need for 17 Family Physician fOT
the City of Barrie. This number increases to more than 35 if we look at the needs of
Barrie and the surrounding communities. Our projected population growth for the Simcoe
County region is greater than 5000 people per year, meaning that we will need an
additional three Family Physicians peT year to address our growth alone.
Most people assume that rapid growth is the reason for our current Family Physician
shortage. Our rapid growth is a factor, but it is not the most significant factor. There is a
shortage of Family Physicians across all of Canada, and Ontario, unfortunately is fairing
worse that any other province. Our greatest difficulty in recruiting Family Physicians is
the fact that there are too few Physicians to recruit. Hundreds of communities across
Ontario are faced with similar shortages, and are actively competing to attract Physicians
that do not exist.
The McKendrey Report, commissioned by the Ontario government in October 1999,
identified 99 communities across Ontario that were underserviced, and identified a
shortage of approximately 300 Family Physicians. The most recent report Teleased by the
Ontario College of Family Physicians entitled "Where have all Our Family Physicians
Gone", identified the shortage to be significantly worse than previously reported in the
Page 2 of6
McKendrey report or a more recent report, the George Report, and identified a shortage
of approximately 2000 Family Physicians across Ontario. At February's Executive Board
meeting for the Ontario College of Family Physicians, the member ITom London
announced that London, which is a major city with one of Ontario's five medical schools,
has 25,000 people in their community that lack a Family Physician. We are now
competing with major centers such as London, Hamilton, Kitchener/Waterloo, Windsor
and Peterborough and it is even suggested that some regions of the GTA are
underserviced.
Most people, when talking about a two-tiered health care system are referring to public
vs. private funding of health care services. In our Tegion, we have a different type of a
two-tiered health care system - those who have a family physician vs. those who do not.
The Family Physician is a patient advocate and is often referred to as the gatekeeper of
the health care system. People without a Family Physician have difficulty accessing many
areas within our current health care system.
We have pregnant women in OUT community who must obtain their prenatal care in walk-
in or after-hours clinics. In fact, in the last two months, I am aware of two cases of
women presenting in labor without having seen a Physician throughout their pregnancy;
this is unacceptable. We have newborn babies who require newborn care and
immunizations but lack a Family Physician and are having to obtain this care at after-
hours clinics; this is unacceptable. We have patients in our community with chronic
disease such as heart disease, diabetes and even cancer, who lack a Family Physician to
monitOT these diseases; this is unacceptable.
We must act immediately to enhance our recruitment efforts to meet the medical needs of
our community. The events that have lead to our current Provincial Physician shortage
are multiple, complex and beyond the scope of this evening's presentation. I would be
happy to discuss with Council members some of the issues that must be addressed at the
Provincial and Federal level if we are to preserve the health care system. Our focus this
Page 3 of6
evening, however, is what must be done at the community level to address the health care
needs of our community.
The Family Physicians of this community with the support of the Royal Victoria Hospital
are attempting to identify the medical needs of the community and are developing new,
and innovative ways for providing fOT these needs. In the past year, we have developed a
Hospitalist program at RVH that meets the needs of patients without Family Physicians
when they are admitted to hospital. We have also developed a Clinical Oncology
Associates Program with Family Physicians providing support for the local Oncologists
in an attempt to meet the needs of our significant regional growth in cancer patients. We
are currently developing a Palliative Care team to meet the needs of our Palliative Care
patients without Pyhsicians both in the hospital and in the community. In addition, we
developed Prenatal and Newborn Programs to meet the needs of those patients without
Family Physicians. Funding for many of these programs has been provided by RVH even
though there is not provincial funding provided to develop such programs. The
development of these programs is placing unreasonable demand on our current Family
Physicians who are already overworked, and drawing funds rrom RVH that are required
for patient care. Recruiting new Family Physician is essential if we aTe to continue to
provide for the medical needs of our community.
Many communities across Ontario have developed professional recruiting programs to
assist in their Family Physician recruitment efforts. Weare seeing a proliferation of
financial and other incentives being offered by communities acTOSS Ontario and Canada.
Many communities have been very creative in their recruitment initiatives, and some
have significant resources to attract Physicians to their communities.
We are not coming to you today at the beginning of our initiative. The Task FOTce has
been wOTking very hard fOT greater than a year and has initiated many exciting programs
and projects. One initiative is a short pTOmotional video that we are particularly proud of
and would like to share a copy with you.
Page 4 of6
The Task Force has developed two websites to promote our community and practice
opportunities in our community,. We have developed excellent information packages
highlighting our community, our state-of-the-art hospital and practice opportunities in the
community. We have been involved in a five-day tour of the five medical schools across
Ontario and continue follow-up on contacts that were made on this tour.
In fact, our efforts are beginning to bear fruit. During the spring, three Family Physicians,
a Nephrologist, Internist and Oncologist visited our community and relocated here. The
contacts were made as a direct result of the Task Force work. We have also hired a full-
time Physician Recruitment Coordinator, to coordinate and develop our recruitment
program. The Recruitment officer enhances and develops our web sites, consistently
tracks all candidates and develops quality visitation programs when physicians come to
see our community and hospital. In partnership with Georgian College, we have also
obtained a suite at the residence for students and residents to use during placements at the
hospital OT the community.
We need to develop our programs, pay for a recruitment coordinator, pay for advertising,
cover the cost of visitation programs, produce quality material to promote OUT community
and the opportunities it can provide to Family Physicians.
The task force has established an annual budget of $200,000. It is our intention to request
that the amount would be equally divided between the RVH, the City of Barrie and the
County.
The Board of Royal Victoria Hospital and the City of Barrie have agreed to already fund
the Task Force one third each, of the necessary amount. We have asked the County fOT
the remaining thiTd, but unfortunately, the County has not seen its way clear to offer
financial support.
You can also help our cause by continuing to place the Recruitment of Family Physicians
high on the list of other planning initiatives. As an example, you must recognize that
Page 50[6
development of NUT sing Homes and Retirement Homes in OUT region would have a
significant impact on OUT already stretched Medical resources. Our continued residential
and industrial growth will also impact on OUT Medical reSOUTces. In fact, we are starting
to see Industry looking at the availability of medical support fOT their employees as part
of the decision making in relocating their businesses.
While we are grateful to Oro-Medonte for its $1500 support, it is simply not enough to
sustain OUT activities and plans fOT the future. It is OUT hope that Oro-Medonte can fund
the Physician Recruitment Initiative the amount of $1 0,000 each year, for a three-year
commitment. This amount is the portion of the $66,000 based on a simple calculation of
the number of local citizens obtaining primary care in OUT catchment area.
Thank you.
Task Force Members PTesent:
Dr. Jim Bolton
Dr. Evelyn Elsey
Mr. Richard Kelly
Ms. Pamela Gilchrist
Page 60f6
': /DOCTORS FACT VOl
JlliCE
:25/09-24-02
DOCTOR SHORTAGES
THANK YOU CAROLYN. .AND
ALLISTON ISN'T THE ONLY
COMMUNITY STRUGGLING TO FILL
THE DOCTOR SHORTAGE IN OUR
REGION.~
***TAKE FIRST STILL***~
AS YOU CAN SEE, IT RANGES
FROM 17 NEW DOCTORS NEEDED
FOR BARRIE, TO FIVE IN THE
MIDLAND AND PENETANGUISHENE
AREAS . ~
~
***TAKE SECOND STILL***~
MEANWHILE, EAST GWILIMBURY
AND PARRY SOUND REQUIRE FOUR
DOCTORS EACH. AND AT THE
BOTTOM OF THE LIST LIES
COLLINGWOOD, WHERE TWO NEW
DOCTORS ARE NEEDED.~
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,arrie 17 J
>pringwater/Elmvale 9 J
,lliston 7 -
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Jrillia/Oro-Medonte 6 j
1idland/Penetanguishene 5
,ast Gwillimbury 4
"arry Sound 4
3racebridge 3
Nasaga Beach 3
:ollingwood 2
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TOWNSHIP OF ORO-MEDONTE
FROM THE DIRECTOR OF BUILDINGjPLANNING
DEVELOPMENT
REPORT TO COUNCIL
, REPORT NO.: BD2002-12 Council:
PREPARED BY: Ron Kolbe C. of W.
DATE: September 26, 2002 Motion #
SUBJECT: Fox Request to Temporarily Date
Live in Trailer
I BACKGROUND I
A request was received from Harold Leiher, Insurance Adjuster, to arrange for
Bernard & Heather Fox to temporarily reside in a trailer while their home is being
repaired after a fire.
Previous requests such as David Britnell were granted on the basis of security in
the amount of $5,000 retained by the Township (see attached agreement #1).
I
I RECOMMENDATION
That Council approve the request of Bernard & Heather Fox to reside in a trailer
at Concession 1, Part Lot 1, RP51 R28412 Parts 2 and 14(Oro) for a period of 6
months maximum and further that a $5,000 security be deposited with the
Corporation.
Respectfully submitted,
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Ronald M. Kolbe, CBCO, AScT, MAATO
Director of Building/Planning Development
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NO. 6132 11004
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AGREEMENT/AFFIDAVIT
In consideration of receiving a building permit from the Township of Oro-
Medonte, We. G~rfl.c."~ <..g.....+L..' 'MiC , of the Township of Oro-Medonte
(formerfy Township of Oro) in the County of Simcoe, covenant and agree as
follows:
1. That we are the registered owners of I liS",:r ": j ro.~ RJ..
Township of Oro-Medonte (formerly Township o. -.
(Roll No. . I);
2. That we have applied to the Council of the Corporation of the Township of
Ore-Medonte for permission to locate temporarily a trailer on the above-
mentioned lands, at the same time as a new dwelling is under construction
on those same lands, wherein such procedure is not provided for under
the provisions of the Township of Oro-Medonte's Zoning By-law as
amended.
3. That I hereby acknowledge that permission has been given by the Council
of the Corporation of the Township of Oro-Medonte subject to the
following provisions:
a)
That such permission is granted for the six month period
from permit issuance or until completion of the proposed
new dwelling, whichever is the lesser period of time; and/or
b)
That on completion of the new dwelling, as evidenCCd by a
Certificate of Occupancy, the temporary trailer is to be
removed within one month; and/or
4.
c) That application to the Township of Oro-Medonte for a
temporary use permit will be made forthwith (Fee $100.00).
That a Letter of Credit in the amount of $5,000.00 be retained by the
Corporation of the Township of Oro-Medonte until the above-mentioned
agreement is fulfilled to the sole satisfaction of the Township.
5.
a) Failure to comply with the aforementioned agreement will
result in the Corporation of the Township of Oro-Medonte
redeeming the Letter of Credit at its sole discretion,
That I hereby agree to the terms and conditions set out above.
( >:.
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13:59
ORO MEDONTE TWP ~ 73313934
NO. 6132 [;)13135
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6. It is understood that after the six month period from permit issuance. that
the Township may remove the trailer for which permission was granted at
the time this agreement was signed. with all costs for so doing to be
assumed by the property owners bein!
7. It is understood that failure to comply with the terms and conditions as set
our herein, shall release and save harmless the Corporation of the
Township of Oro-Medonte from pursuing such litigation, as may be
necessary to secure compliance or conformity with any applicable
Municipal Bylaw or Provincial Regulation as may be provided for.
8. We hereby covenant and agree to indemnify and save harmless the
Township of Oro-Medonte from all costs, claims, liability and actions which
may result or arise from the issuance of the building permit or the entering
into of this agreement.
Declared before me at the
Township of Oro-Medonte
in the County of Simcoe h
this ,,;) ~ ~ay of ~{I 0......
~y,
~
.
_1Lv~
A Commissi;ner of{()aths & Affidavits
-Rono~lIihll.'Commie&iiOet,eIc.
Coumy ~ Simcoe, Or
HR l>iOOl.."ance~~
f'P''' May 15.2OOl
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Township of Oro-Medonte
REPORT
"
Dept. Report To: Prepared By:
#PD2002-34 Council Andria Leiah
Subject & File #: Department:
Council
Zoning By-law Planning
C.ofW. Amendment - Heritage
Hills Golf Course
Concession 2, Part of Lot
10 and D (Oro)
Date:
Motion #
October 7,2002
Date: H.M. t-lIe #
DOg and D1410407
I BACKGROUND! ANALYSIS
,
In 1999 an application was received for an Official Plan Amendment and Zoning BY-law Amendment to
permit a golf course on Concession 2, Part of Lot 10 and Lot D (Oro). Council approved the Official Plan
Amendment for this application on March 7, 2001 as Official Plan Amendment #10. This amendment was
to re-designate the subject property from the Agricultural and Environmental Protection Two Overlay
designations to the new Recreational designation with an Environmental Protection One designation being
established around the existing creek areas. This amendment was forwarded for final approval to the
County of Simcoe and once their circulation was complete was adopted by County Council on June 4, 2001.
The applicants then submitted their formal site plan application for consideration by the Site Plan
Committee, which included required upgrades/maintenance to the existing road infrastructure accessing
the property. By-law 2002-27 adopted the Site Plan for the proposed golf course and clubhouse on March
20, 2002.
Attached to this report is the zoning by-law amendment, which is now required to be adopted in order to
permit the golf course to proceed in accordance with the requirements of the executed site plan. The
exception noted in the Zoning By-law is required due to the conditions received from the Nottawsaga
Valley Conservation Authority. The zoning by-law amendment would conform with the policies of the
Official Plan and specifically Official Plan Amendment Number 10 that was adopted for the subject
property .
.
,
I RECOMMENDA nON
It is recommended to Council that:
1. This report be received and adopted;
2. That Council adopt the Zoning By-law Amendment which would rezone the lands described as
Concession 2, Part of Lot 10 and D (Oro) on Schedule A9 of the Zoning By-law 97-95 from the
Agricultural/Rural (A/RU) and Environmental Protection (EP) Zones to the Private Recreational
(PR) and Environmental Protection Exception (EP*153) Zones to permit a golf course on the subject
property .
Respectfully submitted,
--1 ~ '-i-y:L
Andria Leigh, Hons. B.A. MCIP, RPP
Senior Planner
C.A.O.
Cj~
C.A.O. Comments:
Dept. Head
REPORT
/,
(,
DEPT. REPORT TO: COUNCIL PREPARED BY:
#PWS2002-12 Jerry Ball
SUBJECT & FILE #: DEPARTMENT:
COUNCIL:
Tender Contracts for Roads
Construction of Sand
C.OFW.: Storage Building - North Pit
DATE: October 10, 2002
MOTION #:
DATE: R. M. FILE #: L04-12187
I BACKGROUND:
-
During the 2001 Budget deliberations, allocation was given for construction of a sand storage building
located at the North Pit. Completion of this building could not take place in 2001 due to a delay in
completing a soil test for the tender specifications.
The soil tests and tender specifications were completed in late summer of this year and tenders for
Contract No. 12-01124-20 were then advertised in the local papers, as well as the Daily Commercial
News.
The tenders for Contract No. 12-01124-20 were publicly opened on Tuesday, October 8,2002 at
approximately 12: 15 p.m. in the Robinson Room, with Jerry Ball, Public Works Superintendent, Neil
Craig, Mayor, Marilyn Pennycook, Clerk, and AI Lees of R. G. Robinson and Associates Limited,
present.
tSUMMARY:
,
The results of the tender contract opening for the sand storage building at the North Pit are as
follows:
SAND STORAGE BUILDING - NORTH PIT
,
1) Bertram Construction and Design Ltd.
2) Domm Construction Ltd.
$386,591.00 (including G.S.T.)
$266,597.99 (including G.S.T.)
Both of these tender results do not include the asphalt floor, electrical work or granular materials. It is
anticipated that the Public Works Department will complete the construction in the Spring of 2003.
After review by AI Lees of R. G. Robinson and Associates Limited, it is recommended that the
Township accepts the lowest tender bid from Domm Construction Ltd. at a tender amount of
$266,597.99.
During the 2002 Budget deliberations, Council approved expenditures of $220,000.00 for the
construction of a sand storage building at the North pit.
It is anticipated that the construction will not be completed until early Spring 2003. Therefore, it is
recommended that Council commit the deficit for the building and the interior works overrun for the
project to the 2003 Budget.
\'dYi(:iFE1Ui}::)'!ji:0':,::::;::i
i
~ RECOMMENDATIONS:
1. THAT Council receives and adopts this report.
2. THAT Council accepts the tender from Domm Construction Ltd. at a tender amount of
$266,597.99.
3. THAT the deficit for the building and the interior works overrun for the project be committed to the
2003 Capital Budget.
4. THAT the successful contractor be notified accordingly.
Respectfully su~mitted,
-<
,
,,~. j:; '-.-(
,~. Jerry Ball
~~
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OJ.}'
REPORT
DEPT. REPORT TO: COUNCIL PREPARED BY:
#ES2002-53 Keith Mathieson
SUBJECT & FILE #: DEPARTMENT:
COUNCIL:
Heritage Hills Golf Club Ltd. - Public Works
Road Improvement ,.
C.OFW.: Agreement
DATE: October 15, 2002
MOTION #:
DATE: R. M. FILE #: L04-11842
In April, 2002, Heritage Hills Golf Club Ltd. entered into a Site Plan Agreement with the Township to
construct an eighteen (18) hole golf course on Line 1 South and Gore Road.
Section 1 m) Covenants by the Owner of the Site Plan Agreement, requires the Owner to enter into a
Road Agreement to upgrade Gore Road from Cashway Road to Line 1 South under a separate Site
Plan Agreement, prior to the issuance of a building permit.
tSUMMARY' ..' .
,;i.',.....:,:,'i.::::,:...:..;.:.........,,);,Z;~)""..n
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The Owner is presently requesting a building permit to construct a storage shed, as located on the
existing approved Site Plan. The purpose of this shed is to store materials and equipment only and
an additional Site Plan will be required for the clubhouse and parking lots, which will require
approvals from the Ministry of the Environment, Ministry of Natural Resources, Nottawasaga Valley
Conservation Authority and the Township.
~
The Nottawasaga Valley Conservation Authority, the Township Engineer and the Building Department
have no concerns with the construction of the storage shed at the present time.
\
..
The Township and Heritage Hills Golf Club Ltd. have prepared the attached "Road Improvement
Agreement" for Council's consideration.
y
This Agreement is scheduled to have the Gore Road surface-treated by the Fall of 2004 and is
requiring the Township to be responsible for the cost of the Granular "A" material at an estimated cost
of $20,000.00 in 2003.
1. THAT Council receives and adopts this report.
2. THAT the Township and Heritage Hills Golf Club Ltd. enter into a Road Improvement Agreement
for Gore Road.
3. THAT the cost of the Granular "A" for Gore Road be included in the Public Works Road Capital
Budget for 2003.
4. THAT upon Heritage Hills Golf Club Ltd. supplying the Township with the required securities for
the Road Improvement Agreement, a building permit be issued for the storage shed.
5. THAT the Clerk prepares the appropriate By-law for Council's consideration.
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TOWNSHIP OF SEVERN
Ic
THE CORPORATION OF THE TOWNSHIP OF SEVERN
P.O. Box 159, Orillia, Ontario, L3V 6J3
October 4, 2002
..tic/-
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Township ofOro Medonte
P.O. Box 100
ORO, Ontario
LOL 2XO
ATTENTION:
Marilyn Pennycook
Clerk
I RECEIVED
" on 0 p ZOO?
ORO.MEDONTE
TOWNSHIP
Dear Mr. Pennycook:
RE: Coldwater Narrows Reserve
The following is a recommendation of the Corporate Services Committee, which was
adopted by Severn Township Council at a meeting held October 3,2002:
"
THAT the Federal Government be advised that the Township of Severn formally requests
notice of any impact on this municipality and surrounding municipalities during negotiations
for native claim in the Coldwater Narrows Native Reserve Area;
AND FURTHER THAT the City of Orillia, Township of Ramara, Township of Ora-
Medonte and Township ofTay be requested to endorse this resolution;
AND FURTHER THAT the M.P. and M,P.P. be so advised.
CARRIED
"
It would be appreciated if you would present this correspondence to your members of
Council for their consideration.
Yours truly,
OJ /'
./-f17cZ;WYI Cf2b~
Sharon Goerke
Deputy Clerk
/mph
Municipal Office: 1024 Hurlwood Lane
Teiephone: (705) 325-2315 Fax: (705) 327-5818
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GRANT MONEY AVAILABLE NOW!
NORTH SIMCOE RURAL WATER QUALITY IMPROVEMENT PROGRAM
The Severn Sound Environmental Association and the following partners; Healthy
Futures for Ontario Agriculture PTogram (OMAf'), Simcoe County Federation of
Agriculture, North Simcoe Soil and Crop Improvement Association. Simcoe County
Christian Farmers Association, North Simcoe Private Land Stewardship Network,
Township of TiDy, and the Township ofRarnara are offering a number of grants in North
Simcoe.
These grants are being offered to all landowners in the Townships of Tiny, Tay, Severn,
as well as the north portions of Springwater, Oro-Medonte and Rarnara Townships to
improve water quality by implementing Best Management Practices on their funns.
Grant money is available fur the following projects:
Elildble Proiect Fundin!! Rate Fundin!! CaD
Clean Water Diversion 50% $2,500
Nutrient Management Plans 50% $1,000
-- -~.._-
Stream Buffers 50% $6,000
Livestock Access Restrictions 50% $10,000
Milkhouse Wastewater ement 50% $2,500
FueJlChemicallFertilizer Storage and Handling 50% $2 500
Ask about our Manure Spreading Improvement Funding!
~
For more project information, details and eligibility requiremenh, contact the
Project Coordinator: Carrie McIntyre at (705) 725-7545.
For more information about water quality issues, the Severn Sound Environmental
Association or the Severn Sound Remedial Action Plan, contact Michele Locke,
Communications Officer at (705) 526-7809 or visit www.severnsound.ca
lrOW 1:0 PRoct.ED
APplicantS are urged to \o\l:Iate pr<>jec\:l
onW ~ the'! j1a.. ueeo aPl"".ed.
countY L c__
ot
Agriculture
0ei'1 fede",~on 01 l'.9r1culture, in
",tion with ali ontariO coun\'!
tons lias secure<J (uT\ds from tM
"~ f~"'''''' for ontariO MriCUltu'"
,m to devdoP U\e RU",I \f>Jell UP<J",di09
",commissioning project lor ",(1\1 re'>iden\S
o\2>no (fa"" and non.rnrm)., T'oe Oo\2>rlO
",~Qn of AgrlCUI\:Ure is 3d[11,o'5':en09 U\\$
,ct 00 ""NIl! at Ine count'! ~e<1'tiOns.
ler \111' g",ot pr09ra"', weil uP9",des will ""
I€re<J for 67'{' of tM ',odMdual pr01ect (Os\.
,II Qecom",ISSi",,109 will be C<:Nered lor 64% of
e project cos\. fuods are (,m,ted and pro)"",",
'II be rev,ewed on a (irst come - fi<>< se",cd
-3'5\5.
I)
'I)
,1:.1Gl131:.C PROJeCTS
.
.
9radin9 ao<l seeding of ,u<faces around
wel15 al\owlO\J (or ,u<face water dwerslon
frarr. \Ne.I\ile:ads
UP9",di09 or replacement of de\erlora\ed
\.j€\\ cas1r.<JS
.,'\enslon 01 well casing \0 a\ least 16
\f\ch€:S abO\le grade..
re?airin9 or 'eplacemeol 01 annular seal
installaton of proper wellhead caps
upgrao"o9 large dlame",r wells to enSure
vrater tlqnt c;;c;ing to depth
.
\Nell decammlss,oo,ng projects applY to unused
wells and wells thai wete \mpro?eM
decarnmisslOlied.
!lOTI". All "or\: performed mUst be In
com?\iance wl\n 1M a??\icab\e Mlnistr'/ of
lOoVironment (MaIO) guidelines, for
decommissioning unused wells. compliance
i(\Cludes tne regl"""bon of ,he decommISsioned
site wl'<h \ne MaE.
APplicationS for eilher or, botn well
proj<C'<S o>n be f~ tJV mO' or ,.-mOlI
wltn Ine local onterlo <<deral,on ,of
AgrlCult1Jre (OF"') ~\embe! se""ce
Rep"'$en,,,tl'" (MSRs) IIste<! In \I1IS
'crod.un::..
lNell oWners w~n apprcNed projects ei'n ?rocee<!
to have nece,sari wor'< complele<!. Compeb\\'ie
bids bY licensed well drillers ore recommended,
(A??lio>n\S wIll be I"O,'ded W'\tn a list of licensed
professionalS in \lIeir .,ea).
farmers' YoU! well project mUst be
'derMl€d In an "islin9, peer_re",ewe<!,
EnvlTOnmental far11l Plan (EfP). You can
subscribe to a local EfP \ralning
program, (a""lIable ,n tne wlnler of
200'), If yoU \;3,e not completed an EfP
as ~et. please con\)lct your I""at 'OfP
coordln.tor or ""II 1.800-,65-9751.
Non-farmers: \'\on,t",'" tur<>1 well
owners will be reQIJI!e<J \0 complete a
well_.,sessment. Tn. self~asse5Sme"\
tool is 3'Ja.\\a\J\e frolT' I"IS?5.
""SRS w\ll (\Oti!y eac~ appli(6nt 'o~ mail
upon app!O""" complete de",ils 01 t\;e
pfograf1lwH\ be ~N"'ded.
l'Pproved parlicl(><lnts should engage
tile services of a I,censed well
profesSional 10 perform Ihe wor~
teC\uired.
(laim tor"" for funding \h!OUgn Ine
"ea\th~ futures for o~ta(\O
I>>gricult\1'" program will be Issued b~
mail.
[leaith'i l'utures'
IN\<en \I1e well project is compleled'.
To recel"" toe grant porIJon of your project, send
ouT original receipts, and proof of (><Iymenl
~\t.clled \0 \\le Hea\\hY Futures project cJ(a\~f
form \0 Ihe orA Head ()ftice ,n 10ronto ,e
addressed re\:Uro envelOpe will"" prov,QeO).
1M fo\IOwin9 wlil be aceepte<! as proof of
payment.
1. a copy ofboi!\ sides of cancelle<J cheque
or mOf\e'l order . . .
2. i a ,"eelp\ (or "tSh pay",ent, \OdlCa~ng
(><IVment in fuil
3. a CO?y of a ban\: ,tate",ent wne,etl1e
cheQue n"mbet ao<l amouot tS VI"ole
Rur'ill 'Jolell
Dpgr'ildin%
and
DecotntJ1isSioning
p!oject
co1U'l.1'.11'-1J PROJ1'.ct5
,)
4)
5)
NOTE'. New pu"'P" drll\ing neW well' aod o\\ler
projects to "source' "",\er are 001 eligible, onlY
?rojec'..s desl9ne<! to p(oled: ground wote< .,e
e~\g\b'e.
\1
~
~
~.~-.
OI!~.,.!"",,~..I~"~""
~
~
reQ\J1re.meots of the
!l01'E' ,0 honoUr U\e tne OFA reserves tile
HeallnV futures P!09ra~' f completed projects
,lg\11 to 'I"S?"ct · 53mP t p~oject completion .0<1
to enable venfica""" 0 , tifie<J \r1 t\1e\r ?"et
t\1at 1\10 project w3S ;~-::;m Pian (EFP) Of rural
re",ie~>'/eO En\l\tOr'omenta ad \
reSident "ell_asse,sment 01 u e.
~
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Name:
i\.:idre:s$:
Phone:
emaiL
Project:
Upgrade
Decoro.missioning
(cbet::k here)
(check here)
o
o
Project Description I Location:
Dedaration:
The projecr(s) described above is/are
identified in my Environmental Fnrm. Plan
(EFP) or seJf assessment rural resident
module.
Signature:
o Farmer
o Non-Farmer
Westem Region MSRs
Mana;er
T{)m ~rkes
524 Arst st., Ste 6
CoJlin9wood, ON 19Y lCl
705-444- t355
ofa~TIa::<:C/moa.t!!;Q...((;!
G~/BM.lC::1!'
GErtie Blake
OFA
446-lOth 5t.
H5no~'er CN N4N IP9
519-364-2050
ob!ake@t.;::,,;,,,, com
O::cford I Elgin
Va!erie A g!vesy
C}O GENCCR
P.O. Box ~57
Woodstoc<,. ON N4$ 7Y7
519-421"{!~2a
'l.hl)t(hin:S':;;l1@$'imP~
Kent/Essex
GaV!.:! Bogart
360Pairvieo^,A~,W.,Ste320
Essex, ON N5M 3trl
519-776-7960
(] 1 OOo.art(fiI~IIID_ijtico,ca
Hakfimand/~lk/8rant
JanetUcskai
OPA, (/0 Nortell< Co-Qp
P.O. Box 65, 64S Norfolk St. N.
Simcoe, ON N3Y 41\8
519-"126-741J
ofabhn@brantnPt
Haltcn/H<'lmilton~Wentwort:h
Niagara North and So.uth
Henry Swii!renga
OFA
131 College St Box 904
SmittwiUe, ON LOR ZAO
905-957-4280
n.swi€rCl1<Ja@symoatko.ca
Lambton / Middlesex Perth/Huron
Maria Van 30mmel Paul NailO
53) tions Park Drive Box 429
P.O. Box 639 ClInton, ON NON !lO
Mount BryGg~, ON NOl 1 WO
519-26+1~ 5t9-482-9642
~n1id{e-=:'/moatko ca Dl1aim(fi)to.-,ol1 (a
Member Servke Su pport
Rep for Western Ontario
Becky lunn
E!gln Aqric..JlbJral Centre
450 Suf'\SE:t Drive
St. Thomas, ON NSR 5'11
519-637-7300
ot'a.l1)5;;fL;;.:.n,Jl!ln,CQ!!!
Healthy Futures'
is a program operated
by the
Ontario Ministry of Agriculture, Food
and Rural Affairs
@ Ontario
Eastem Region MSRs
Manaqer
MicnelBoIJrgol1
OFA
130 St Catherine SL
St. Isidore, ON KOC 260
6LJ-524-2100
!!1bmJ.cg.on@.:itt!erus.ca
Dundas/Frontenac!
Grenville/Leeds
Joanne High
OFA, P.O. Box 69
WUliamsburg, ON KOC 2HO
6t3-S3S-l5.5S
ihiqhofa@Qle.n~net.(1'!
Pre5cott/Rus~l/
Stormont/Glengarry
Roch L3/onde
793 Rue Notre-Dame
Sutt:e 2. B.P. l540
Embrun, ON XOA tWO
6t3-443-t77B
~rola<<tsvmo6tio::>.ca
Northumberland!
Prince Edwardl Hastings
Lennox &. Addington
Jim Hair
5.'52 A$hley St, Box 267
Foxboro, ON KOK 280
61)-962-9270
auin.ihtIDSVfrJPabco.(<!,
Mrane/Temiskamlng/
east Nipp;ssing/
MU$koka! Parry Sound
Dartene BOWEn
RR3
New Uske.ard, ON POJ lPO
705-647-0092
oowe.n@olldYm----.ili!.J;)[SJ,CA
ThunderB.ay
Karen Rodle
RR'
South Ginie'S, ON POT 2\10
B07-'i77-D488
mQ1e-lADJHhnk..net
Waterloo/Wellington!
Cufferin
Keith Emiry
OFA, 192 Nlddfn Rd.
Guelph, ON NtH 7L5
519-822.9425
~"emtrvt~ofa_on.ca
Lanark/Renfrew/
Arnprior /Otnwa-Qrleton
Graham Ughitoot
66 Pi!mbroke St., RR1
Ccbden, ON KDJ 11\0
61]-64ti-26t3
Q~ham@retlfrew,flet
Durham/Vktxlria/
Haliburton/Pel:uborough
8rian Harn:ocl<;
46 Kent StJeet W.
Box 686
LJnd-;ay, Qr4 K9V 4W9
705-324-0247
bh-of(j(IDne~icom,net
S1mCXIe/York/ Peel
Oon$tewn$On
Simcoe County
Administration Centre
Mldhum, ON LOL 1'(0
705-722-55i.t
dsroQ(asvmo.atico.cjj:
Algoma/Manitoul!n-North
ShOC'e/SUdbury We5tjWf!:St
Nipissing!Sudbury East
Neil Tartton
Bllaura Ave,
Uvely, ON P3Y JA4
705-692-7276
I1Irfton@isvs.ca
Rainy RJv~/Kef1ora/
Dryden
8!zabeth Sakhert
P,O. Box 37
Devlin, ON PQW lCD
807-486-3536
bnwsakhfillff lak~head.!..!.J&!
0Ff1
aftl~,;., rg.~ric~ <:01 ,i,7inJt,'I"
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10/07/2002 14:25
7057218925
AZH'1UTH Et.I\lIRDHt"1EtH
RAGE 02
.
.
.
~UTH ENVIRONMENTAL
CONSULTING, INC.
j
EnvirOnmental Assessments & Approvals
October 7, 2002
AEC 99-027
Township of Oro-Medonte
Box 100
Oro-Medonte, Ontario
LOL 2XO
Attention: Ms Jennifer Zieleniewski, CAO
RE: Information regarding the deputation to Council by Mr. Jack Pearce
Dear Ms Zieleniewski:
I w::eived a copy of the written deputation from Mr. Jack Pearce regarding the
playground site at Pods Lane. In his Jetter, Mr. Pearce discusses a conversation with me
and has misrepresented the communications between myself, Township staff and
members of Council.
Mr. Pearce's letter states the following:
"At a meeting about the Oro Moraine in late August, the hydrogeologist was asked about
his opiruons of the ground water impact at site M19. He said he has never set foot on the
site and ha.> never been asked for his assessment of the site." These statements are not
accurate and misleading.
At the end of the August open house, there was a very brief discussion regarding the site
between myself and Mr. Rick Dory. Mr. Dory is a neighbour of the proposed playground
and an associate ofMr. Pearce. At that time, I indicated that I had bad discussions with
Ms Zieleniewski, Ms Leigh and several membero of Council regarding the potential
hydrogeological impacts at the site. Mr. Dory stated that a copy of my report had been
requested, and I infonned him that my discussions had been verbal. He asked ifJ had
been to the site, and stated that I had not, but that our work had taken us throughout the
Horseshoe Valley area and that I was wel1 aware of hydrogeological issues in the area.
I have discussed this issue with Ms Zieleniewski, Ms Leigh and several members of
Council on numerous occasions..Qver the past four months. As a common thread in these
conversations, T have communicated that there is little expectation of any impact to the
ground water regime as a result of the proposed playground. Mr. Pearce's letter is
accurate when it states that Ms Zie1eniewski "consulted with the township hydro geologist
and was told that there would be no impact on the ground water."
,
111 Saunders Road. UnIt 2, Barrie,Ontano l4M 6E?
telephone' (70S) 7'2:1.8451; ta)" (70S) 721~6926 mfo@azln'\uthenvironmentaLcon"'\
"~/~II"~~" 14:"~
7e57218925
AZI~'UTH Et"\/IROH~'EW
PAGE 83
ff
My statements are made on the basis that impact to the ground water regime occurs on
the basis of either quantity or quality. Quantity impacts result when there are changes to
the infiltration capacity of the overburden soils or when water is diverted away from the
watershed. In this case, there is very little addition of hard surface, and any diverted
water would infiltrate on adjoining areas. Potential quantity impacts are contrasted
against the adjacent housing development.
Quality impacts result if there is the introduction of contaminants. None are expected as
a result of the proposed playground.
The site does include an intennittent drainage swale that conveys stonn runoff and spring
melt. As I discussed with staff and members of Council, the stonnwater issue would
ne~d to be evaluated, however, the drainage area is small and changes in runoff potential
are not expected.
I had a second conversation with Mr. Dory in September at the AIJandale Recreation
Centre in Barrie, where both of our daughters skate at the Mariposa Figure Skating Club.
During this second conversation, we discussed the points presented above, and that my
discussions with staff and members of Council were verbal.
In Mr. Pearce's letter, he requests that Council undertake a fonnal hydrogeological
investigation including the drilling of boreholes. In my opinion, such an undertaking is
not warranted for the proposed playground because the potential for impact is negligible
or nil. I would be pleased to discuss this issue with you further.
MO),
,
If/'ll \
I ~}
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2002-103
Being a By-Law to Authorize the Issuance of a Certificate of Substantial
Completion and Acceptance (Underground Works) for Arbourwood Estates
Subdivision - Phase II, Plan 51 M-696
WHEREAS Section 51, Subsection (26) of the Planning Act, R.5,O. 1990, Chapter P.13,
as amended, provides that municipalities may enter into agreements imposed as a
condition to the approval of a plan of subdivision and such agreements may be
registered against the land to which the subdivision plan applies;
AND WHEREAS Council for the Corporation of the Township of Oro-Medonte entered
into a Pre-Servicing Agreement with Arbourwood Estates Ltd., Phase II, Plan 51M-696
in April 2002.
AND WHEREAS the requirements of this Pre-Servicing Agreement with respect to the
underground works have now been met;
NOW THEREFORE the Corporation of the Township of Oro-Medonte hereby enacts as
follows:
1. That the Certificate of Substantial Completion and Acceptance for Arbourwood
Estates Subdivision, Phase II, Plan 51M-696 - Underground Works may now be
issued by the Township Engineer (R,G. Robinson & Associates) in compliance with
the Pre-Servicing Agreement between the Corporation of the Township of Oro-
Medonte and Arbourwood Estates Ltd,
2. That this By-law shall come into force and take effect on the final date of passing
thereof.
By-law read a first and second time this 16'h day of October, 2002.
By-law read a third time and finally passed this day of
,2002.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
I
Mayor, J. Neil Craig
Clerk, Marilyn pennycook
-(
TIlE CORPORATION OF THE TOWNSHIP OF ORO.MEDONTE
IIY -LA W NO. 2002-
A ny.luw In "('J,Hut' CCUH'cNsiun 2, Part uf Lot 10 nnd Lot D, RP 51R-28593, Part I, Township of
Oru-1\1...lulltl' (fornn-d)' Tuwnship of Om), Count)' of Simcoe (Heritage Hills Golf Club Limited).
.
\\'IIE"EAS Zonil1f By-Iuw 1997-95 was enacted to regulate the use ofland and the character, location,
iIIHI \IM" of hulldings and Slnlclurcs within the Township of Oro-Medontc;
ANI> WIIEREAS the Council of the Corporation of the Township of Oro-Medonte deems it
IIpplOpfiHI( to hlrthcr amend By-Iuw 1997-95, as amended;
ANI> WIIEUEAS this By-Inw is in conformity with the Official Plan oflhe Township ofOro-Medonte;
ANU \\'ItEREAS authority is grunted pursuant to Section 34 of the Planning Act, RS.O.. ]990 c. P.
I J, to Iht' {'OUfKi! of Iht' Corporal ion of the Township of Oro-Medonte to exercise such powers.
NOW TlIEREfiORE TIlE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
ORO.MEDONTE ENACTS AS FOLLOWS:
I, Schedule "A9" of By-law 97-95 for the Township of Oro-Medonte, as amended, is hereby furtber
amended by rezoning those lands shown on Schedule "A", attached hereto, from the
AgriculturallRural (AlRU) and Environmental Protection (EP) Zones to the Private Recreational
(PR) and Environmental Protection Holding (EP*I53) Zones.
2. That Subsection 7 of By-law 97-95 be and is hereby amended by the addition of the following
subsection:
"7.153
* 153 - PART OF LOT 10 AND LOT D, CONCESSION 2
(FORMER ORO)
Notwithstanding any other provision in this By~law, a golf course,
exclusive of any buildings, but induding such facilities and structures as
may be necessary for erosion and sedimentation control, stonnwater
management, drainage and flood control, water supply and distribution systems,
and no more than three structures necessary for crossing the watercourse, are
permitted on the lands denoted by the symbol * J 53 on the
schedules to this By~law,"
3. Schedule "A", attached. forms part of this By-law.
4. This By-law shall take effect and come into force pursuant to the provisions of and regulations
made under the Planning Act, R.S,O., 1990 c, P. 13.
BY-LAW READ A FIRST AND SECOND TIME, THIS 16TH DAY OF OCTOBER, 2002,
BY.LAW READ A THIRD TIME AND FINALLY PASSED THIS
OCTOBER, 2002.
DAY OF
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor - 1. Neil Craig
,
Clerk - Marilyn Pennycook
It! C,
. .r}
-~
Schedule 'A' to B)'. Law
This is Schedule 'A' ',0 n~'.Law
J)ilssed the
da~' of
.
Ma~'or
Clerk
u:J
.> N
I'":t
Z
H) BOUNDARY ::i
HIGHWAY #11
I
~v
.
,
,
,
<'I> " f
:>;
,
A/RU
II
~ Area to be rezoned from the Agricultural/Rural (A/RU) Zone to the Privote Recreation (PR) Zone.
fill Area to be rezoned from the Environmental Protection (EP) Zone to the Environmental Protection Exception 153 (EP*153) Zone.
Township of Oro-Medonte
/'
9. CASH DEPOSITS AND SECURITY
9.1 The Owner shall lodge with the Municipality, those cash deposits and security
more particularly described in Schedule "B" and at the dates specified therein.
9.2 In the event that the expenses of the Municipality exceed the amount of the
cash deposits or security set out in Schedule "B" attached, the Owner shall pay
such excess charges within thirty (30) days after demand by the Municipality.
9.3 Construction Lien Sub-Search - shall be done to determine that no construction
liens have been filed with respect to the Municipality.
9.4 Acceptance of Improvements - the acceptance of the Road Improvements
shall be In the reasonable discretion of the Public Works Superintendent.
to. APPLICATIONS OF LETTER OF CREDIT AND SECURITY
1 0.1 Any Letter of Credit or Security filed with the Municipality Is based upon the
estimated cost of completing the various matters prescribed by this Agreement.
However, all Letters of Credit and Security received by the Municipality may be
used as security for any item or any other matter, which under the terms of this
Agreement Is the responsibility of the Owner.
II. REALIZATION OF SECURITY OR DEPOSITS
11.1 Default - if, in the event of default of the Owner under any of the provisions of
this Agreement, it becomes necessary for the Municipality to realize on its
security or deposits, then the Municipality (its servants, agents or
sub-contractors) shall, if the Municipality so elects, have the right and privilege
at all times to enter upon the lands for the purpose of repairing or completing or
paying for any work or services required to be completed by the Owner under
this Agreement.
11.2 Exceeding Cost Estimates - if the costs of completing such work or
improvements exceed the amount of security held by the Municipality, such
excess shall be paid by the Owner to the Municipality, thirty (30) days after
invoicing by the Municipality. All overdue accounts shall bear interest at the
rate of twelve (12%) percent per annum.
11.3 Save Harmless - the Owner, on behalf of itself, its successors and assigns,
agrees to indemnify and save harmless the Municipality from and against any
and all claims, suits, actions and demands whatsoever which may arise either
directly or indirectly by reason of any work or service performed by the
Municipality, its servants or sub-contractors in order to complete the work or
services required to be completed under this Agreement, provided the subject
matter of such action, suits, claims or demands was not caused intentionally or
through gross negligence on the part of the Municipality, its servants or agents
or sub-contractors.
11.4 The Construction Lien Act - if the Municipality becomes obligated to make any
payments, or pay any costs, under the provisions of the Construction Lien Act,
this will constitute a default and entitle the Municipality to realize upon its
security.
12. REALIZATION ON LETTER OF CREDIT
12.1 In th"E>vent that the Municipality cashes a LE>tter of Credit, any surplus monies
remaining after the completion of the work by the Municipality will bE> rE>tumed
to the issuing Bank for transmission to that party that took out the original Letter
of CrE>dit with thE> Bank.
4
13. ESTOPPEL OF OWNER
13.1 The Owner agrees to not call into question, directly or indirectly, in any
proceeding whatsoever, in law ar in equity, ar before any administrative
tribunal, the right of the Municipality to enter into this Agreement and ta enforce
each and every term, covenant and condition herein cantained, and this
Agreement may be pleaded as an estoppel against the Owner In any such
proceedings.
14. TIME OF THE ESSENCE
14.1 The parties hereto agree that time shall be of the essence in the Agreement.
. 15. INTERPRETATION
15.1 Provided, and it is hereby agreed, that in construing these presents, the word
"Owner" and the personal pranoun "he" ar "his" relating thereto and used
therewith, shall be read and construed as "Owners" and "his", "hers", "its", or
"their", respectively as the number and gender of the party or parties referred
to in each case require, and the number of the verb agreeing therewith shall
be so canstrued as agreeing with the said word or pronoun so substituted.
15.2 And that all covenants, rights, advantages, privileges, immunities, powers and
things hereby secured to the Municipality shall be equally secured to and
exercisable by its successors and assigns as the case may be.
15.3 And that all covenants, liabilities and obligations entered into and imposed
hereunder upon the Owner, shall be equally binding upon his, her, its or
their heirs, executors, administrators and assigns, or successors and assigns
as the case may be, and that all such covenants and liabilities and obligations
shall be joint and several.
THIS AGREEMENT shall enure to the benefit of and be binding upon each of the
parties hereto and their respective heirs, executors, administratars, successors and
assigns.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the
following dates:
By the Owner on the
l\ day of 0 dei?f ,2002.
HERITAG~,~ G'f! CLUB LIMITED
Per: ~
Brf\IfDoro~
Per: ~ !~
,
Don Hanninen
'f
By The Corporation of the Township of Oro-Medonte on the
,2002.
day of
THE CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE
Per:
.
J. Neil Craig, Mayor
Per:
Marilyn Pennycook, Clerk
5
SCHEDULE "A"
THIS IS SCHEDULE "A" TO THE ROAD IMPROVEMENT AGREEMENT BETWEEN
HERITAGE HILLS GOLF CLUB LIMITED AND THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF WORKS AND SCHEDULE OF WORKS
2003 Filter cloth nine (9) metres wide; 9ravel surface eight (8) metres wide; 150mm
thick of 16mm Granular "A" on Gore Road from Line 1 South to Cashway Road
(Township of Oro-Medonte to supply Granular "A").
2004 Surface from Line 1 South to Cashway Road with a single high float surface and
a single 10mm clear chip for the second surface.
6
",",",
.
,
y
SCHEDULE "B"
/
THIS IS SCHEDULE "B" TO THE ROAD IMPROVEMENT AGREEMENT BETWEEN
HERITAGE HillS GOLF CLUB LIMITED AND THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
CASH DEPOSITS AND SECURITY
The Owner shall, on the dates specified herein, lodge with the Municipaiity, the following
described cash deposits and security.
.
1. TYPE OF SECURITY
Any security required to be filed under this Agreement shail be by certified
cheque or by letter of Credit valid for a period of one (1) year with extension
provisions and prepared in a form provided by the Municipality. It shall be drawn
on a Chartered Bank of Canada and shall be for the amount hereafter set out.
2. Prior to execution of this Agreement, the Owner shall deposit a $25,000.00 letter
of Credit with the Municipality as security to guarantee performance of his
construction obligations.
3. The letter of Credit shall remain with the Municipality until ail provisions and
obligations of the Owner, as set out in this Agreement, have been fulfilled.
,
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7