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03 16 2005 Council Agenda TOWNSHIP OF ORO-MEDONTE COUNCIL MEETING AGENDA COUNCIL CHAMBERS DATE: WEDNESDAY, MARCH 16, 2005 TIME: 7:00 P.M. ..................................................................................................................... 1. OPENING OF MEETING BY THE MAYOR 2. PRA YER/CONTEMPLA TION/REFLECTION 3. NOTICE OF ADDITIONS 4. ADOPTION OF AGENDA 5. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT" 6. MINUTES OF PREVIOUS MEETINGS: a) Minutes of Council Meeting of March 2, 2005. b) Minutes of Special Council Meeting of March 9, 2005. 7. RECOGNITION OF ACHIEVEMENTS: None. 8. PUBLIC MEETINGS: None. 9. DEPUTATIONS: a) 7:00 p.m. John Newell, re: Waterfront Property. 10. CONSENT AGENDA CORRESPONDENCE: a) Nottawasaga Valley Conservation Authority, minutes of January 14, 2005 meeting. Staff Recommendation: Receipt. b) Orillia Public Library Board, minutes of January 26, 2005 meeting. Staff Recommendation: Receipt. c) Dalton McGuinty, The Premier of Ontario, correspondence dated February 24, 2005 re: The Huronia Regional Centre. Staff Recommendation: Receipt. d) David Emerson, Minister of Industry, correspondence dated March 2, 2005 re: Measurement Canada's Intention to Regulate Water Meters. Staff Recommendation: Receipt. e) Dennis Roughley, Chair, Board of Health, Simcoe County District Health Unit, correspondence dated March 3, 2005 re: Proposed Merger of Simcoe County District Health Unit and the Public Health Programs and Services of Muskoka District. Staff Recommendation: Receipt. 11. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN: None. 12. REPORTS OF MUNICIPAL OFFICERS: None. 13. REPORTS OF COMMITTEES: a) Minutes of the Committee of the Whole Meeting, March 9, 2005. 14. COMMUNICATIONS: a) Pat and Roy Hastings, correspondence dated March 4, 2005 re: Management Salaries. 15. IN-CAMERA: a) Jennifer Zieleniewski, CAO, re: Legal Matter. 16. BY-LAWS: a) By-Law No. 2005-011 A By-law to authorize the Sale of Surplus Land, Block A (Parts 1 to 15, Plan 51R-31905), Blocks Band C, Plan 709, and Part 16, Registered Plan 51 R-31905, Township of Oro-Medonte. b) By-Law No. 2005-017 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Ora- Medonte and John Cryer Construction Ltd. described as lands as follows: Part Lots 21 and 22, Concession 5, Designated as Parts 18 and 29, 51 R-19930 - Being all of PIN # 58550-0190 (Lt) - Roll # 010-008-1078. c) By-Law No. 2005-018 Being a By-Law to Appoint Municipal Weed Inspectors and to Repeal By-Law 2004-026. d) By-Law No. 2005-019 Being a By-law to amend By-law 2004-092 - Being a By-law to Authorize the Execution of a Site Plan Control Agreement between the Corporation of the Township of Ora-Medonte, and Horseshoe Valley Resort Ltd./New Millennium Homes Limited. e) By-Law No. 2005-020 A By-law to permanently close and sell Part of the Original Road Allowance known as Part of O'Connell Lane, (geographic Township of Oro), Township of Oro-Medonte more particularly described as Part of Block F, Plan 798 (Part 3,51 R-28134), Township of Oro-Medonte, County of Simcoe. 17. CONFIRMATION BY-LAW NO. 2005-016. 18. QUESTIONS AND ANNOUNCEMENTS 19. ADJOURNMENT ADDENDUM COUNCIL MEETING Wednesday, March 16, 2005 15. IN-CAMERA: b) Jennifer Zieleniewski, CAO, re: Personnel Matter. c) Jennifer Zieleniewski, CAO, re: Property Matter. Page 1 of 1 Marilyn Penny cook ~~ From: John E. Newell Sent: Thursday, March 10, 2005 4:09 PM To: Marilyn Pennycook Subject: lake front property To the CJerk, My name is John NeweU J would like to make a deputation the week of march 16th concerning water front property. Thanks Yours Truly John Newell. 'VHlnnn" PRESENT: REGRETS: STAFF PRESENT: RECORDER: GUESTS: Chair: Vice Chair: Members: Chris Carrier Fred Nix Walter Benotto Mary Brett Orville Brown Lynn Dollin Tom Elliott Wayman Fairweather Ruth Fountain Tony Guergis Ron Henderson Ralph Hough Kathy Jeffrey Ian Lang Jennifer Lavoie Mike McWilliam Bob Marrs Garry Matthews Gord Montgomery Brian Mullin George Sheffer Ron Simpson Joan Sutherland Barry Ward Members: Terry Dowdall Michael Prowse CAO/Secretary- Treasurer Director of Engineering & Technical Ser. Director of Land Mgmt. Stewardship Servo Director of Planning Manager, Accounts Manager, Stewardship Services Watershed Planner Laurie Barron \Dq-\ Wayne Wilson Glenn Switzer Byron Wesson Charles Burgess Susan Whitters Fred Dobbs Bob Law Glen Price, District Manager, Ministry of Natural Resources Charlie Warte, Co-ordinator, Source Protection Planning, Conservation Ontario Harold Parker, Former Chair, NVCA Ken McGhee, Councillor, Town of Mono Page 1 of 5 FULL AUTHORITY ANNUAL MEETING MINUTES NO.12/04 '''"' \V 14 JANUARY 2005 MEETING CALLED TO ORDER Chris Carrier, Chair, called the meeting to order at 9:03 a.m. Chris Carrier Chair, handed the meeting over to Fred Nix, Vice Chair. Fred Nix, Vice Chair chaired the meeting. 1. ADOPTION OF AGENDA RES. # 1 MOVED BY: Bob Marrs SECONDED BY: Mary Brett RESOLVED THAT: The Agenda for Full Authority Meeting #12/04, dated 14 January 2005, be adopted. Carried; 2. GUEST RECOGNITION Wayne R. Wilson, CAO/Secretary-Treasurer introduced: . Glen Price, District Manager, Ministry of Natural Resources; . Charlie Warte, Co-ordinator, Source Protection Planning, Conservation Ontario; . Harold Parker, Former Chair, NVCA; . Ken McGhee, Councillor, Town of Mono. 3. PECUNIARY INTEREST None noted 4. MINUTES 4.1 Minutes of Full Authority Meeting #11/04,10 December 2004. RES. #2 MOVED BY: Walter Benotto SECONDED BY: Ian Lang RESOLVED THAT: The Minutes of Full Authority Meeting #11/04, dated 10 December 2004, be approved. Carried; Page 2 of 5 FULL AUTHORITY ANNUAL MEETING MINUTES NO.12/04 14 JANUARY 2005 4.2 Draft Minutes of Executive Committee Meeting #19/04, dated 17 December 2004. RES. #3 MOVED BY: Ian Lang SECONDED BY: Orville Brown RESOLVED THAT: The Draft Minutes of Executive Committee Meeting #19/04, dated 17 December 2004, be received. Carried; 5. BUSINESS ARISING FROM MINUTES 5.1 Summary of NVCA Additional Staff 2004-2005. Wayne R. Wilson, CAO/Secretary-Treasurer provided a summary for review. Several items of clarification surrounding funding for these positions were discussed. 5.2 Fred Nix, Executive Committee Member inquired as to the status of the Assimilation Capacity Study review. Wayne R. Wilson, CAO/Secretary Treasurer advised that there has been feed back from both The Town of Wasaga Beach and The Township of Clearview with an urgency placed on the need for all four Collingwood area streams be included as part of the study. In addition, a member from each municipality will be requested to be appointed to sit on the steering committee. If a municipality does not choose to participate, the Lake Simcoe Regional Conservation Authority will keep that municipality informed as to the business of the steering committee. Mr. Nix further confirmed that the Full Authority supported the Executive's interpretation of the related Authority motion "NVCA involvement requires these 4 streams be included". Bob Law, Watershed Planner advised that a meeting has been set for February 3, 2005. Lake Simcoe Region Conservation Authority will be circulating notice regarding the time and date of this meeting to each municipality. 6. STAFF REPORTS 6.1 Glenn Switzer. Director of EnqineerinqlTechnical Services - Permits to Take Water Glenn Switzer, provided an overview on the new Permit to Take Water legislation which has been introduced by the Ministry of the Environment which came into effect on January 1, 2005. Under this new legislation water takings will be governed by the Ontario Water Resources Act and will require anyone taking more than a total of 50,000 litres of water a day to obtain a Permit to Take Water. The Act provides an Authority to implement a user fee which will range from $750 for new applications and renewals to $3,000 for applications that involve assessing and reviewing detailed hydrogeological information. Page 3 of 5 FULL AUTHORITY ANNUAL MEETING MINUTES NO.12/04 14 JANUARY 2005 6. STAFF REPORTS - cont'd. 6.1 G. Switzer - Permits to Take Water - cont'd. The type of takings for which permits are needed will include: municipal, commercial, industrial, private communal water supplies, agricultural irrigation, institutions such as hospitals and schools, recreational uses such as golf courses and ski facilities, water bottling, and other uses such as construction de-watering, Uses that are exempt from the permitting requirement are individual households, direct watering of livestock and poultry, and water for fire fighting. Mr. Switzer further commented that high use watersheds will receive a moratorium for up to six months in the summer for uses such as beverages/bottled water. This new legislation is a good first step in controlling the allocation of water and monitoring the environmental impact. Discussion ensued. Questions of clarification were addressed. 6.2 CAO/Secretary-Treasurer Wayne R. Wilson, CAO/Secretary-Treasurer reviewed the Financial Statement of Operations Summary for Period Ending Nov30/04. Discussion ensued. Questions of clarification were addressed. 7. CORRESPONDENCE (a) Member Communication from the Association of Municipalities of Ontario re: Provincial Government Releases "Ontario's Rural Plan". (b) Letter from the Bell's Gristmill dated Dec 13/04 re: Bell Canada's Employee Giving Program, (c) Correspondence from the Hon. David Ramsay, Minister of Natural Resources dated Dec 6/04 re: NVCA Authority endorsement of the Provincial Transfer Payment Review Report. (d) News Release from the Ministry of the Environment re: Ontario Improves Administration of Water Taking Permits. (e) News Release from the Ministry of the Environment re: Fees for Permit to Take Water Applications. (f) Letter to the Ministry of Municipal Affairs & Housing dated Dec 8/04 re: EBR Registry - Proposed Greenbelt Plan. Page 4 of 5 FULL AUTHORITY ANNUAL MEETING MINUTES NO.12/04 14 JANUARY 2005 RES. #4 MOVED BY: Ruth Fountain SECONDED BY: George Sheffer RESOLVED THAT: Correspondence not specifically dealt with be placed on file. Carried; 8. RECOGNITION OF RETIRING BOARD AND COMMITTEE MEMBERS Mr. Fred Nix, Vice Chair announced that he will not be running for Vice-Chair in the 2005 election as he will be leaving the country for three months to work with the Asian Development Group in China. Councillor, Ken McGhee from the Town of Mono will be the representative in Mr. Nix's absence. Chris Carrier chaired the remainder of the meeting. CHAIR'S COMMENTS Chris Carrier thanked Mr Nix, on behalf of the Board, for his service and commitment to the Board and wished him well in his new endeavour. Chris Carrier thanked the Executive for their dedication and the Full Authority for their support and cooperation over his term as Chair. 9. ADJOURNMENT RES. #5 MOVED BY: Bob Marrs SECONDED BY: Ruth Fountain RESOLVED THAT: This meeting adjourn at 9:48 a.m. to meet again at the call of the Chair. Chris Carrier, Chair Wayne R. Wilson, CAO/Secretary-Treasurer Page 5 of 5 \ ()'b - \ ORILLIA PUBLIC LIBRARY BOARD MINUfES OF JANUARY 26,200" MEETING A regular meeting of the Library Board was held in Boardroom #2 of the City Hall commencing at 6:04 p.m. PRESENT - BOARD - C. Dowd, Chair; J. MacDonald, Vice-Chair; 1. Beresford; C. Couper; J. Crawford; J. Francis; C. Garland; F. Kreisz - STAFF - M. Saddy, Chief Executive Officer S. Campbell, Director of Children's Services 1. Gibbon, Director of Information Services D. Rowe, Director of Technical Services T. Chatten, Recorder - OTHER - E. Johnstone & C. Johnstone, Friends of the Library ABSENT - P. Spears DISCLOSURE OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF-None CONSENT AGENDA MOTION #2005:01 Moved by ~ MacDonald, seconded by January 26, 2005 meeting be adopted. C. Couper that the consent agenda of the CARRIED REPORT OF FRIENDS OF THE LIBRARY E. Johnston of the Friends of the Library reported that members Jim Harris and Lynda Dyball will be attending the upcoming OIA Conference on February 5. The total financial donation to the Library for the year 2004 was $12,355.96, leaving a balance of $5,465.68 with which to start the year 2005. The next meeting of the Friends is Monday January 31 at 7 p.m. at the Library which will focus on ways and means to build up the bank account over and above the usual sources of income from memberships, grocery tapes, grants, etc. Board Chair C. Dowd expressed thanks on behalf of the Board for all the hard work done by the Friends. REPORT OF BOARD COMMIITEES AND REPRESENTATIVES Finance - The 2005 budget timetable and document were distributed for discussion. The Library Board presentation to Council is scheduled for Tuesday February 15 from 2:00 - 2:45 p.m. The Finance Committee will arrange to meet prior to this presentation. All Board members are invited to attend this meeting as well as the budget presentation. Personnel - This item was deferred until the February meeting. \\Jb -~ Planning - A committee meeting was held to discuss the Board Self-Evaluation form. A full report will be presented to the Board at the next meeting. NEW BUSINESS Compliance with Municipal Act - Procurement Policy - A revised report was distributed and discussed regarding the Board's compliance with the Municipal Act vvith respect to the procurement of goods and services. Education Institute Partners Teleconference "Re-Energizing Friends Groups" - At 7:00 p.m. the meeting broke so that the Board and Friends representatives on hand could join in the teleconference presented by Sally G. Reed. Ms. Reed spoke on ideas to initiate and re-energize friends groups and later took questions from several callers. At 8:20 p.m. E. Johnstone and C. Johnstone left the meeting with thanks to the Board for hosting this very informative event. Procurement Policy - cont'd Following further discussion of this item, the CEO was asked to get further interpretation from the City purchasing manager and report back to the next meeting. MOTION #2005:02 Moved by J. Francis, seconded by J. Crawford that the Orillia Public Library Board accepts the CitIJ policy for the procurement of goods and services as amended to reflect the unique situation of the Orillia Public Library. CARRIED Institutional Membership - MOTION #2005:03 Moved by J. Crawford, seconded by J. Francis that the Orillia Public Library Board authorize an institutional membership for the Orillia Power Corporation. CARRIED MEETING EVALUATION The December 2004 meeting evaluation was reviewed with the main comments being that the time limits need to be adhered to or they need to be more realistic. A new form was completed for the evaluation of the January meeting. A Finance Committee meeting was scheduled for February 7 at 4:45 p.m. with a breakfast meeting also scheduled for Friday February 11, both to discuss the 2005 budget presentation to City Council on February 15, 2005. Adjournment at 8:39 p.m. moved by J. Francis seconded by C. Garland BOARD CHAIR CHIEF EXECUTIVE OFFICER \()'b-':> REPORT OF THE DIRECTOR OF CHILDREN'S AND AUDIO VISUAL SERVICES January 2005 Programs Programs resumed for 2005 in the last week of January. All of the week day story time programs have full registration. We are still taking registration for the Paws to Read program. With many time slots filling up quickly. A special program for school age children was offered on January 29. We celebrated the Series of Unfortunate Events by starting the New Year off badly with a program titled "Bad Beginnings". The children enjoyed coming up with their own titles for the next Lemony Snicket book. They cornpleted a quiz to test how horrible their knowledge of the events and characters in a series of Unfortunate Events is. They even enjoyed a game to find the worst dressed participant. Drop-In Family Storytime will begin in February. Outreach and Publicitv Suzanne Campbell presented the monthly library story-time at the Ontario Early Years Center. Book displays included Valentines, Orphans (books like Lemony Snicket), Poetry and Science Fair. Suzanne Campbell participated in the Family Literacy Celebrations at Orchard Park School on February 27. Presentation and booktalks were given to children from senior kindergarten to grade eight. Both the children and I enjoyed an afternoon of sharing books and language games. The winter program brochure was praduced and the children's web page for program information was updated. Reference Reference Questions: January 2005: 518 January 2004: 576 Reference has seen a ten per cent decrease in the number of questions answered by Children's Services Staff. The areas of decrease are in the number of questions asked for school reports and the number of questions asked by adults. Computer use has grown substantially over January of 2004 with a 52 per cent increase. . \CJ'o-l.\ MONTHLY REPORT DIRECTOR OF INFORMATION SERVICES JANUARY 2005 Our co-op student from ODCVI completed her work term with Information Services at the end of the month. She had job shadowed in all departments except technical services and worked on creating a database for the historical photos that we have in the library. Mike attended the school's job fair, held on January 51h Jayne, Michelle and I took an audio conference programme on "Serving Seniors", presented by ALA and aLA.. Methods to measure the characteristics of the senior population in your community were discussed. Many programming ideas that had worked for a number of libraries were described and tips for them were shared. Possible grants were mentioned, although the presenting libraries were American, so the recommended grants might not be available in Canada. Programming that could be done in retirement and nursing homes was also discussed. IT has had to change our web counter again, so statistics for hits on the homepage are not available for January. Use of the Internet computers is up from 1620 bookings last January to 1861 bookings this January. Volunteer hours are also up from 208 last January to 232 this January. The use of the online databases we have mounted on the Internet continues to climb: CBCA was used 61 times in January 2004 and 351 times in 2005. Proquest was used 170 times in January 2004 and 902 times in 2005. Increasingly, I see a need for more talks in the community to make people aware of the services the library offers. I have a power point presentation on services for Seniors which I have presented in the past, but I need to contact more groups to see if they would like us to visit. I also would like to create one on using the databases we have paid for. This is in my goals for this year, so hopefully I can find time to do it. The Premier of Ontario Le Premier ministre de l'Ontario Edifice de !'Assemblee legislative Queen's Park Toronto (Ontario) M7A 1A1 ltj ,....." Ontario \() -I Legislative Building QUeen's Park Toronto, Ontario M7A 1M February 24, 2005 His Worship J. Neil Craig Mayor Township of Oro-Medonte 148 line 7 South PO Box 100 Oro, Ontario LOL 2XO Dear Mayor Craig: Thank you for your letter regarding the Huronia Regional Centre. I appreciate your keeping me informed of council's activities. I note that you have sent a copy of your letter to my colleague the Honourable Sandra Pupatello, Minister of Community and Social Services. I trust that the minister will also give council's concerns her careful consideration. Mayor Craig, thank you again for the information. Yours truly, (Q#{~ Dalton McGuinty Premier REt;EIVEjJ~ c: The Honourable Sandra Pupatello MAR U .4 2005 ORO-IVIEDONTE TOWNSHIP ~.- THE CORPOR/\TiON Of THE TO N8fIIP -~;;It3EYl6/2~ \48 Une 7 5" Box JOG Oro. Cntdi-Jc LOL 2XO PiK}J1C Cl05; 487<1...1/1 FdX. (705'! 487-0133 \/VWV\/. o(o-rn(~donfe .C,,) February 4, 2005 The Honourable Dalton McGuinty Premier of Ontario Queen's Park, Room 281 Main Legislative Building Toronto, ON M7A lA1 Dear Premier McGuinty: The Council of The City of Orillia has solicited the Township of Oro-Medonte's support of their request to the Minister for Community and Social Services to declare The Huronia Regional Centre as a "Centre of Specialized Care". Oro-Medonte's Council is cognizant of the long reaching negative impact that the closure of the Huronia Regional Centre will have on the clients, staff and surrounding community. We are also in agreement that the alternative of declaring the facility as a "Centre of Specialized Care" is a viable alternative that will preserve the special and necessary services that these facilities provide. On behalf of Council of the Township, I would therefore respectfully request that you give favourable consideration to the declaration of The Huronia Regional Centre as a "Centre of Specialized Care", Yours truly, O.}W~ ,/ U J. Neil Craig Mayor Ijt cc: Honourable Sandra Pupatello, Minister for Community and Social Services Garfield Dunlop, MPP Township of Severn Township of Ramara Chippewas of Mnjikanin9 The City of Orillia OPSEU Members of Council Minister ot Industry Ministre de l'lndustrie David l. Emerson Ottawa, Canada K 1 A OH5 MAR 2, 2005 His Worship J. Neil Craig Mayor of the Township of Oro- Medonte 148 Line 7 South, Box 100 Oro, Ontario LOL 2XO Dear Mr. Mayor: On January 11,2005, the Honourable Paul DeVillers forwarded to me a copy of your letter of December 8,2004, regarding Measurement Canada's (MC) plans to regulate the accuracy of water meters. MC recently conducted a review of the water trade sector through stakeholder consultations which were held across Canada. I understand that 120 water industry representatives attended these sessions, and that MC has accepted the recommendations, made by a consensus of stakeholders, to implement a meter inspection program. MC recognizes that the water trade sector rcview recommendations could result in a meter inspection program similar to other utility meters currently regulated. However, the specifics of the water meter inspection program may be different and wiH be developed by joint working groups consisting of water industry stakeholders and MC representatives. A cost benefit analysis of each component of the water meter inspection program will be completed by the joint working groups and the final decision to implement each componcnt wil1 be made as a result ofthese analyses. The intention is to establish phase-in periods so that the water industry wil1 have ample time to meet any new requirements. RE EIVEDl MAR u 8 2005 ' ORO-MEDONTE TOWNSHIP ...2 Canada -2- Should you require further clarification on the recommendations of the water trade sector review, please contact Mr. Jim Welsh, Water Trade Sector Review Team Leader at Measurement Canada, Industry Canada, 3625 Lougheed Highway, Vancouver, British Columbia, V5M 2A6. Mr. Welsh can be reached by telephone at (604) 666-3836, by fax at (604) 666-5221, or by e-mail atwelsh.james@ic.gc.ca. I hope that the Township ofOro-Medonte will play an active role in the implementation of the review's recommendations. Sincerely, David 1. Emerson c.c. The Honourable Paul DeVillers, P.C., M.P. ! c1- THE CORPORATION OF THE TOWN8liIP ?!fjt:~OfJl6ed&l$ 148 Line 7 S.. bOX JOG Ora, Ontario LOL 2XO Phone (705) 487-2171 f?.x (705)487-0133 wINw.oro-medonte.Cd December 8, 2004 Paul DeVillers, MP Com,tituency Office 55 Nottawasaga Street ORILLlA, Ontario L3V 3J5 Re: Measurement Canada's Intention to Requlate Water Meters Dear Mr. DeVillers: It is with great concern to the Township of Oro-Medonte that the federal government is considering all residential water meters to be regulated in the same manner as that of gas and electric meters. The Township of Oro-Medonte has eleven (11) water systems ranging in size from seventeen (17) homes to three hundred (300), of which nine (9) water systems are metered. In 1997, the Township implemented a program to install and upgrade water meters in our water systems, primarily to encourage conservation. To charge homeowners on a "water consumption" basis is virtually impossible in these small systems. Due to upgrades required after the Walkerton tragedy, the installation of meters within our last two systems has been delayed. As a result of the new acts and regulations, water rates in our municipality have risen dramatically. If the Township is required to regulate water meters, additional costs of $25.00-$30.00 per household would result, without improving the operation of our water systems. The Township of Oro-Medonte respectfully requests that you oppose any intentions Measurement Canada may have with respect to the regulation of water meters for residential households. Sincerely, TOWNSHIP OF ORO-MEDONTE ~ """)/f. ~#~ (.._-- - /~ deil Craig Mayor Ips "I'J1$11;,., "~, SIMCOE COUNTY i:"l r:~ DISTRICT HEALTH UNIT ~~ II ~l15 Sperling Drive, Barrie, Ontario L4M 6K9 TYi)IS-,WG \(J I(. - \ MEDICAL OFFICER OF HEALTH Dr. George Pasut TEL: 705.721.7330 FAX: 705.721.1495 March 3, 2005 RECErVEDl MAR 0 4 2005 ORO-MEDONTE TOWNSHIP Mayor J. Craig and Council Township of Oro-Medonte 148 Line 7 South, P.O. Box 100 Oro, ON LOL 2XO Dear Mayor Craig and Council: In October of 2004, the Chief Medical Officer of Health, Dr. Sheela Basrur met with the Board of Health for the Simcoe County District Health Unit and requested that the health unit enter into discussions regarding a proposed merger of the Muskoka District public health pragrams and operations with the Simcoe County District Health Unit. Dr. Basrur's request was made in response to the recomrnendations of Mr. Graham Scott's assessment of the governance and management of the Muskoka-Parry Sound Health Unit. Over the past several months, representatives of the Simcoe County District Health Unit Board of Health have participated with representatives of the North Bay and District Health Unit Board of Health, the Muskoka-Parry Sound Health Unit, the District of Muskoka and the District of Parry Sound as part of a Transition Steering Committee. The mandate of this committee was to oversee the preparation of the merger plan and to make recommendations to the Chief Medical Officer of Health and the Boards of Health regarding transition issues. On February 16, 2005, the Simcoe County District Health Unit Board of Health received a detailed briefing on the proposed merger plan. We believe the proposed plan respects and protects the needs and interests of our communities while strengthening public health programrning within Simcoe County, including the cities of Barrie and Orillia, and the District of Muskoka. A resolution in support of the plan to merge the Muskoka District public health programs and operations with the Simcoe County District Health Unit as outlined in the Transition Steering Committee's merger plan submitted February 14, 2005 was passed by the Board of Health and forwarded to the Chief Medical Officer of Health. A copy of the resolution is enclosed for your information. BRANCH [Collingwood OFFICES' 280 Pretty River Pkwy L9Y 4J5 TEL: 445-0804 FAX: 445-6498 [ Midland 115651 Andrew's Drive. Box 626. I..4R 413 TEL: 526-9324 FAX: 526-1513 [ Odilia 575 West SL S Unit 12, L3V 7N6 TEL: 325-9565 FAX: 325,2091 ( Cookstown 25 King St, S., Unit 2. lOl1l0 TEL: 458-1103 FAX: 458-0105 ~ - ~ We welcome the opportunity to work together with the municipalities within the District of Muskoka to promote and protect health and prevent disease and injury for the individuals, families and communities we serve. Sincerely, c;dttfi7~ Dennis Roughley, Chair, Board of Health for the Simcoe County District Health Unit AU. (1) 2 Board of Health for the Simcoe County District Health Unit Resolution: 05-01 Merger of Simcoe County District Health Unit and the Public Health Programs and Services of Muskoka District WHEREAS the assessment of the governance and management ofthe Muskoka-Parry Sound Health Unit undertaken by Mr. Graham Scott recommended that the Muskoka- Parry Sound Health Unit be dissolved and further that the Muskoka District public health programs and operations be merged with Simcoe County District Health Unit and the Parry Sound District public health programs and operations be merged with the North Bay and District Health Unit; WHEREAS the Chief Medical Officer of Health, Dr. Sheela Basrur, assumed the duties and responsibilities of the Muskoka-Parry Sound Health Unit Board of Health and appointed a Transition Director to provide support for the finance and human resources functions at Muskoka-Parry Sound Health Unit and, in consultation with key stakeholders, to develop a merger plan to effect Mr. Scott's recommendations; WHEREAS a Transition Steering Committee was formed with representatives trom the Board of Health of the Simcoe County District Health Unit, the Board of Health of the North Bay and District Health Unit, the Muskoka-Parry Sound District Health Unit, the District of Muskoka and the District of Parry Sound to oversee the preparation of the merger plan and make recommendations to the Chief Medical Officer of Health and the Simcoe County District and North Bay and District Boards of Health regarding transition Issues; WHEREAS the Transition Committee has documented and submitted to the Chief Medical Officer of Health a Merger Plan based upon a thorough analysis of the operations of each health unit, a review of due diligence material to determine the exact nature of the issues, the development of options to address the issues and the identification of preferred options; WHEREAS the plan proposed by the Transition Committee for merging the Muskoka District public health programs and operations with the Simcoe County District Health Unit: · preserves public health programs and services in Simcoe County and strengthens public health programs and services in the Muskoka; · proposes a model for representation to the Board of Health for the merged health unit that preserves and enhances municipal and public representation trom Simcoe County, including the separated cities of Barrie and Orillia, and provides for fair municipal and public representation trom the District of Muskoka; · recommends an equitable formula for apportioning the municipal costs for public health programs and services; e- . ensures that 100 per cent ofthe costs for the transition ofthe Muskoka-Parry Sound Health Unit and the merging of Muskoka District public health programs and operations with the Simcoe County District Health Unit are borne by the Ministry of Health and Long-Term Care; . strengthens public health service delivery in both areas and in the province of Ontario; WHEREAS the Ministry of Health and Long Term Care has made the commitment to assume greater responsibility for funding public health programs and services by increasing its proportion of funding to 55 per cent in 2005,65 per cent in 2006 and 75 per cent in 2007. NOW THERFORE BE IT RESOLVED THAT: . the Board of Health for the Simcoe County District Health Unit supports the plan to merge the Muskoka District public health programs and operations with the Simcoe County District Health Unit as defined in the Transition Steering Committee's Merger Plan submitted February 14, 2005; . the Ministry of Health and Long-Term Care acknowledge and support the newly established Health Unit for the District of Musk ok a and Simcoe County including the separated cities of Barrie and OriIlia as a priority area for receipt of funding in the 2005-2006 transition years. AND FURTHER that this resolution in support of the Transition Steering Committee's recommendations in their Merger Plan of February 14, 2005 be forwarded to the Chief Medical Officer of Health and to all municipalities within Simcoe County and Muskoka District. Chair, Board ofHealtli Simcoe County District Healt :P~ /6/;z.,H) S- Date Page 1 of 1 Marilyn Pennycook \'-\Q-\ From: Pat and Roy Hastings Wednesday, March 02, 200511:55 PM Marilyn Pennycook Ruth Fountain; Ralph Hough; Dan Buttineau; Harry Hughes; John Crawford; Paul Marshall; Neil Craig Subject: Letter of Feb., 7, 2005 Sent: To: Cc: March 4, 2005 Mrs. MariJyn Pennycook, Clerk Oro-Medonte Township Dear Mayor and Council: As a taxpayer I am somewhat mystified by the letter of February 7, 2005, signed by Mayor Craig, and copied to members of council refusing to disclose the percentage raises for management staff. Since that time I have learned that most municipalities make the public aware by passing the salary increases in open public session. While I1stening to the radio, I learned that Ramara's increase was 2%, Four municipal1ties in proximity to Oro- Medonte readily provided their raises to be 3% across the board without mention of privacy legislation. The information contained in the Mayor's letter of February 7, 2005 suggests that Oro,Medonte management staff received raises in excess of 5%. This is well beyond other municipalities and far in excess of that determined for public sector workers. Council should be reminded that many residents, especially pensioners live on a fixed income. Where raises did occur they were less than 2%. Pension funders and the Provincial Government make no hesitation in disclosing these raises, neither do Boards of Education. One wonders if the passing of management salaries "behind closed doors" and the use of privacy legislation by Oro-Medonte Council are truly for the purpose of protecting employee confidentiality. They seem, to me, to enable those who are elected to avoid accountability to the taxpayers who elected them and ultimately have to pay for these raises! Mr. Mayor and Council, I am requesting that Oro-Medonte publicly release the percentage increase in salaries for management staff in keeping with other municipalities. In addition, I am requesting an e.mail response from each member of council giving his/her personal position on the public disclosure of management salaries and the increases given for the year 2004. My e-mail address is I2atand~.hJl..:;tin,g.<iJ'EmI1i!tico.".,! Sincerely, Pat Hastings, 2278 Hwy I IS., R.R. I, Shanty Bay, ON LOL2LO ,., 10 Jr'\Ar'lr \L\. ~ ~ THE CORPORATION Of THE 148 Line 7 5,. Box 100 Om, OntM1o tOl 2>\0 TO\Y/N6tlIP ~/'\)-Of-~~' ~ (,/ ,. / // ~~.'j/V- ~/ ?;;eUhVW Phone (705) 4-{)'1 - 2.) J! F~1X. i7051 487-0!.33 wwv'/.oro-medonte.Gl February 7,2005 Patricia Hastings RR #1 2278 Hwy 11 South Shanty Bay, ON LOL 2LO Re: Management Salaries Dear Ms. Hastings: In response to your e-mail dated January 25, 2005, I offer the following information. Your request relates to personal information as defined. in the Municipal Freedom of Information and Protection of Privacy Act; therefore, we are responding to your inquiries in accordance with the Act. Please find attached, a chart indicating the various management positions along with the low and high ends of the pay ranges. The Public Sector Salary Disclosure Act, 1996, requires the disclosure of salaries for employees of public institutions who are paid $100,000 or more per year. A listing of public sector employees making $100,000 or more per year is published annually by the Provincial government. Section 52(3) of the Municipal Freedom of Information and Protection of Privacy Act states: ... this Act does not apply to records collected, prepared, maintained or used by or on behalf of an institution in relation to any of the following: 1. Proceedings or anticipated proceedings before a court, tribunal or other entity relating to labour relations or to the employment of a person by the institution. 2. Negotiations or anticipated negotiations relating to labour relations or to the employment of a person by the institution between the institution and a person, bargaining agent or party to a proceeding or an anticipated proceeding. 3. Meetings, consultations, discussions or communications about labour relations or employment-related matters in which the institution has an interest. .. ./2 /j Page 2 Patricia Hastings February 7, 2005 Re: Management Salaries Accordingly, your request for "the percentage raise increase for each management position" is denied. During the 2004 budget deliberations, Council appraved a $50,376.00 allocation for cost of living and merit increases for management staff. Motion #19 of the December 1, 2004, Council meeting approved increases of $43,078.00. I trust this information adequately responds to your request. Sincerely, ?,7~~ J. Neil Craig Mayor /jdi Attachment Cc Members of Council Jennifer Zieleniewski, CAO. Page I of] Marilyn Pennycook \~~ ---~~- __';~_~~__'~w~,", ~~--~;_.,~-^._,~,- ._-""-'-.,^.'~.~'~-'~ From: Pat and Roy Hastings [patandroy.hastings@sympatico.ca] Sent: Tuesday, January 25,2005 10:31 AM To: Neil Craig; Marilyn Pennycook Cc: Paul Marshall; Dan Buttineau; John Crawford; Ruth Fountain; Ralph Hough; Harry Hughes Subject: Management Salaries Dear Mayor and Council, Motion # 19 of the Dec. I, 2004 Counci! meeting shows that Council adopted salary increases for Management employees that have been made retroactive to January J. 2004. This motion involves the spending of public funds. Surely the taxpayer should expect more infol111ation than is recorded in the Council Minutes to be made available to the public. I hereby request that the range of salaries. for each management position and the percentage raise increase for each management position be provided to me. 1 also request the total do])ar amount which wiJI be paid to these management employees retroactive to January 1,2004. 11 is evident /rom Motion # ] 9, December], 2004 that the information which I am requesting is readily available. As we]), ! wou!d like to know why salary negotiations are not made prior to the setting of the budget for the fol1owing year, rather than after the fact. 1 am forwarding a copy of this correspondence to all members of Council so that they are aware of this request for information and the date of the request, January 26, 2005. Should you require me to follow other procedures in addition to this written request for this infoffimtion or should there be a delay of more than two weeks in preparing a response with the requested infonnation, please notify me . If it is more convenient I can pick up the information at the Township Office. Thank you for forwarding this infonnation at your earliest convenience. Sincerely, G. Patricia Hastings, R. R. 1,2278 Hwy! IS. Shanty Bay, ON LOL2LO 1 nQ!")""" THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-lAW NO. 2005-011 \ -I A By-law to authorize the Sale of Surplus land Block A (Parts 1 to 15, Plan 51 R-31905) Blocks Band C, Plan 709, and Part 16, Registered Plan 51 R-31905 Township of Oro-Medonte WHEREAS Section 268 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes a Council of a municipality to dispose of surplus land in accordance with the provisions of a by.law passed by the Council, establishing procedures governing the sale of such land; AND WHEREAS Council passed By-law No. 2003-125 on the 26th day of November, 2003, being a By.law to govern the procedure for the sale of land within the Township of Oro-Medonte, pursuant to Section 268 of the Municipal Act, 2001, S.O. 2001, c.25, as amended; AND WHEREAS Council has previously caused notice to be given of its intention to sell the lands described in Schedule "A" attached, in accordance with the requirements of Section 268 of the Municipal Act, and the requirements set out in By.law 2003-125; AND WHEREAS Council has determined that the said land is not required for municipal purposes, and has by resolution deciared the land designated as Blocks A, Band C, and the westerly 10 feet of lot 33, Plan 709, Township of Oro-Medonte, County of Simcoe, more particularly described in Schedule "A" attached hereto, to be surplus to the municipality; AND WHEREAS, Council has received no notice of objection to the proposed sale of land from any party; AND WHEREAS pursuant to Section 268 of the Municipal Act, S.O. 2001, c.25, as amended, the Clerk of the Township of Oro-Medonte did cause a Notice of the proposed By-law to sell the land designated as Block A (Parts 1 to 15, Plan 51 R- 31905); Blocks Band C, and the westerly 10 feet of Lot 33, (Part 16, Registered Plan 51 R-31905), Plan 709, Township of Oro-Medonte, County of Simcoe, to be published in newspapers of local circulation, a copy of which is attached as Schedule "0" to this by- law; AND WHEREAS the proposed By.law came before Council of The Corporation of the Township of Oro.Medonte for consideration at its reguiar meeting on the 16th day of March, 2005, and at that time no person objected to the proposed By-iaw nor claimed that his land would be prejudicially affected. NOW THEREFORE the Councii of the Township of Oro-Medonte hereby enacts as follows: 1. Authorization of Sale - Council does hereby authorize the sale of the land designated as Block A (Parts 1 to 15, Plan 51R-31905); Blocks Band C, and the westerly 10 feet of Lot 33, (Part 16, Registered Plan 51R.31905), Plan 709, Township of Oro.Medonte, County of Simcoe, as described in Schedule "A" attached hereto, to the owners of Lots 30 to 42, Plan 709 and Oro Plan 709 Limited. 2. Sale Price - In accordance with By-law 2003-125, Council hereby sets the sale price for land designated as Block A (Parts 1 to 15, Plan 51R-31905); Blocks B and C, and the westerly 10 feet of Lot 33, (Part 16, Registered Plan 51 R.31905), Plan 709, Township of Oro.Medonte, County of Simcoe, at a consideration as set out in Schedule "B" attached hereto. \\oC\-~ 3. Execution of Documents The Mayor and Clerk are hereby authorized to sign all documents to carry out the intent of this By.law. 4. Certificate of Compliance -Schedule "C" attached hereto and forming part of this By-law is a Certificate of Compliance executed by Marilyn Pennycook, Clerk of The Corporation of the Township of Orc-Medonte, setting out the procedures taken for compliance pursuant to the provisions of the Municipal Act, 2001. BY-LAW READ A FIRST AND SECOND TIME THIS 16TH DAY OF MARCH, 2005. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 2005. DAY OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook Schedule" A" to By-law No. 2005-011 for The Corporation of the Township of Oro-Medonte Block A (Parts 1 to 15, RP 51 R-31905); Blocks Band C, and the westerly 10 feet of Lot 33 (Part 16, RP 51R-31905), Plan 709, Township of Oro-Medonte, County of Simcoe, lands to be Conveyed Part 1, 51R.31905 Part 2, 51R.31905 Part 3, 51R.31905 Part 4 & 16, 51R.31905 Part 5, 51R.31905 Part 6, 51R.31905 Part 7, 51R.31905 Part 8, 51R.31905 Part 9, 51R.31905 Part 10, 51R.31905 Being Part of PIN#58557.0084 Part 11, 51R.31905 Part 12, 51R.31905 Part 13, 51R.31905 Part 14, 51R.31905 Part 15, 51R.31905 Block B, RP 709 Block C, RP 709 Schedule "B" ~~ to By-law No. 2005-011 for The Corporation of the Township of Oro-Medonte lands of Transferee Lot 3D, Registered Plan 709 PIN#58557-0085(Lt) Lot 31, Registered Plan 709 PIN#58557'00B6(Lt) Lot 32, Registered Plan 709 PIN#5B557'0087(Lt) Lot 33, Registered Plan 709 PIN#58557.0088(Lt) Lot 33, Registered Plan 709 PIN#58557-00B8(Lt) Lot 34, Registered Plan 709 PIN#58557'0089(Lt) Lot 35, Registered Plan 709 PIN#58557-0090(Lt) Lot 36, Registered Plan 709 PIN#58557.0091(Lt) Lot 37, and Part Lot 10 PIN#5B557'0092 (Lt) Oro Plan 709 Limited Lot 38, Registered Plan 709 PIN#58557-0093(Lt) Lot 39, Registered Plan 709 PIN#58557.0094(Lt) Lot 40, Registered Plan 709 PIN#58557.0095(Lt) Lot 41, Registered Plan 709 PIN#58557.0096(Lt) Lot 42, Registered Plan 709 PIN# 58557'0097(Lt) Orc Plan 709 Limited Ora Plan 709 Limited Sale Price $6,868.00 $5,000.00 $5,000.00 $1011.00 $3,989.00 $5,000.00 $5,011.00 $5,011.00 $5,000.00 Nominal Consideration $5,000.00 $5,000.00 $5,000.00 $5,000.00 $6,000.00 Nominal Consideration Nominal Consideration -5 Schedule "c" to By-law 2005-011 for The Corporation of the Township of Oro-Medonte CERTIFICATE OF COMPLIANCE IN THE MATTER of the sale of land designated as Block A (Parts 1 to 15, Plan 51 R-31905); Blocks B and C, Plan 709, and the westerly 10 feet of Lot 33, (Part 16, Registered Plan 51 R-31905), Plan 709, Township of Oro-Medonte, County of Simcoe, I, Marilyn Pennycook, Clerk of the Township of Oro-Medonte in the County 01 Simcoe, certify to the best ot my knowledge and belief that: 1. The Corporation ot the Township of Oro.Medonte enacted By-law No. 2003-125 on the 26th day of November, 2003, being a By.law to govern the procedure for the sale of land within the Township of Oro-Medonte, pursuant to Section 268 of the Municipal Act, 2001, S.O. 2001, c.25, as amended. 2. By.law No. 2003.125 was in effect at the time the Corporation of the Township of Oro.Medonte passed the resolution declaring as surplus to the needs of the municipality, the lands described as: Block A (Parts 1 to 15, Plan 51 R-31905); Blocks Band C, Plan 709, and the westerly 10 feet of Lot 33, (Part 16, Registered Plan 51 R- 31905), Plan 709, Township of Oro-Medonte, County of Simcoe, 3. An appraisal of the fair market value of the surplus lands was obtained. 4. A Notice of the proposal by The Corporation of the Township of Oro-Medonte to pass a By-law to sell land designated as Block A (Parts 1 to 15, Plan 51 R. 31905); Blocks Band C, and the westerly 10 feet of Lot 33 (Part 16, Registered Plan 51R-31905), Plan 709, Township of Oro.Medonte, County of Simcoe, described in the said Notice was published in the Barrie Examiner, the Orillia Packet and Times and the Midland Free Press on March 11, 2005. 5. The By-law for the sale of the subject lands came before the Municipal Council at its regular meeting on the 16th day of March, 2005, and at that time, no person or persons made any claim that his land would be prejudicially affected by the By. law. Dated at the Township of Oro-Medonte, in the County of Simcoe, this day of 2005. Marilyn Pennycook, Clerk Township of Oro.Medonte Schedule "D" I ~~ ~ to to By-law No. 2005-011 for The Corporation of the Township of Oro-Medonte ''''('''''''''"''''''''',~". ~ TOWN&!1IP r9m.'!.:Af6~;;? THE CORPORATION OF THE TOWNSHIP OF ORQ..MEDONTE NOTICE OF SALE OF SURPI US lAND TAKE NOTICE that The Corporation of Oro-Madonie proposes to pass a By-law to seU surplus lands in the Township of Ora-Medonle, County of Simcoe, more particularly described in Schedule UA" hereto. A detailed map of the subject lands is available at the Township of Ora-Madonle Administration Office, 148 Line 7 South, Ora. AND FURTHER TAKE NOTICE thai the proposed By-law will come before the Council of The Corporation 01 Township of Oro-Medonte al its regular meeting to be held al the Council Chambers on the 16th day of March, 2005 at 7:00 o'clock p.m. and al that time Council wi!! hear in person or by his counsel, solicitor or agent, any person who claims thai his land will be prejudicially affected by the By-law. DATED AT THE TOWNSHIP OF ORO-MEDONTE THIS 10th DAY OF MARCH, 2005. Marilyn pennycock, Clerk Township of Oro-Medonte SCHEDULE "A" la!1cls surp!us to the Township of Or~Medonte !egally described as Block A, Regisiered Plan 709 (Geographic Township of Om). more particularly described as Parts 1, 2, 3, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15 and 16. 51R-31905 and B!ock Band C, Registered Plan 709, Township of Oro-Medonte, County of Simcoe. I' ~W.}5 Mr. Mayor and Oro-Medonte Council: I wish to formally declare my objection to the By-Law No. 2005-0 I I regarding the sale of Surplus Land. I am in disbeliefthat the By-Law would have the wording "AND WHEREAS, Council has received no notice of obiection to the proposed sale of land from anv party. What did Council believe was the reason for squandering $180,000.00 ofthe taxpayer's money in a court case if it was not in objection to the sale of the land? What did Council believe all of the people who came before Council were saying if it was not in objection to the sale of the land? What did Council believe the last editorial in the Packet and Times to be saying when it called for the township to give clear answers as to why this prime waterfront real estate was priced so ridiculously low? Why did a group of residents pack the Guthrie School Auditorium on this topic if it was not to raise objection? Once again here is a partial list of objections to why myself and the land of others wiIl be prejudicially affected. Everyone knows that Lake Simcoe is already in trouble. This land sale will add to that problem because there are no provisions to protect the shoreline. The value of everyone's property is affected by the health of Lake Simcoe. Surely Council is aware of this, and if not, should contact the Lake Simcoe Conservation Authority to explain it. A lot of jobs depend on the health of Lake Simcoe. Losing them will drive down property values. Higher taxes prejudiciaIly impact on one's land. Land that is arguably worth one miIlion doIlars is costing the taxpayers more than 180,000 to get rid of. Not obtaining full market value and squandering vast sums of money to sell this land has the net effect of having to go to the taxpayers for more than one million dollars. People whose fami lies have lived along the lakeshore for generations are already being forced to move because of higher taxes. These lands make up 25% of the publicly owned Lake Simcoe waterfront lands. Selling them reduces the potential access. Reducing access to Lake Simcoe reduces land values. When 1 read the statement in the by-law saying that no objectives have been voiced to the proposed sale of the land from any party I realize that all the efforts that people have made have faIlen on deaf ears. Can any of you honestly raise your hand as elected people who represent the wishes of the people ofOro-Medonte and show that you truly believe that this precious non- renewable lakefront property is surplus to the needs of the Township? Before vou raise your hand remember it is whether you honestlv believe this land to be surplus that vou are voting on and nothing etse. John NeweIl March 16, 2005 /k~. ~Jkuvt~ Mr. Mayor and Council: I wish to declare my objection to the By-Law No. 2005-011 regarding the sale of Surplus Land. The editorial in the Packet and Times" A bitter harvest of sand" pretty well says it all" The sale of this land at such ridiculously low price has been a bad move by the Township destroying our community. The terms of the sale will cause even more rifts among landowners in Plan 709. With Justice O'Connell's ruling upheld means that anyone who lives in Plan 709 have the same rights of access regardless of whether they join a corporation and pay dues or not. This will add another layer of disagreement causing a rift among backlot owners themselves. I have a friend who lived in Sugarbush who likens this situation to the one that the Township created there. He moved from Sugarbush because of the bitterness that this caused. Who wants to live in a community where there is constant animosity among neighbours? It drives down the price of properties. Giving the waterfront owners privileges to construct docks along the waterfront will have the same effect as legally cutting the backlot owners off from accessing most of the waterfront. Any backlot owner attempting to exercise their rights to use the easement along the lake will be made to feel that they are running the gauntlet. The natural shoreline that they have enjoyed for generations will be infested with docks and concrete. By selling the land the rights that go with my four lots will in reality be taken away. The bitterness in the neighbourhood will be increased causing my property to be prejudicially affected. It is hard to understand how a Council back in 1929 and every council since that time could so clearly see the future needs for recreational waterfront land and how the majority of this Council with all the growth information especially after approving 400 more homes close to the area can be so shortsighted. Perhaps the reason has to do with the fact that Township employees lived in the community at the timeand truly valued the needs of future generations. The unelected individual who seems to be driving this does not live in Oro-Medonte but lives in Barrie where the city is acquiring all the waterfront possible to make it accessible to all. Howard Rogers \\.9b - \ THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2005-017 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and John Cryer Construction Ltd. described as lands as follows: Part Lots 21 and 22, Concession 5, Designated as Parts 18 and 29, 51 R-19930 - Being all of PIN # 58550-0190 (LI) - Roll # 010-008-10786 WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Pianning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By-Law No. 94-149, a By-Law to Designate Parts of the Township as Site Plan Control Areas, was passed by Council for the Township of Oro.Medonte, pursuant to the provisions of The Planning Act, R.S.O., 1990, C. P. 13, as amended; AND WHEREAS the iands referred to in this By.Law are subject to Site Plan Control, pursuant to By.Law No. 94-149; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. THAT the Township enter into the Site Plan Control Agreement attached hereto as Appendix "A", on lands described on the attached Schedule "A"; 2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control Agreement on behalf of the Corporation of the Township of Oro-Medonte; 3. THAT the attached Appendix "A" and Schedules "A, B, C and D" shall form part of this By-Law; 4. THAT this By.Law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 16TH DAY OF MARCH, 2005. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 2005. DAY OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook APPENDIX" A" to By-Law No. 2005-017 SITE PLAN AGREEMENT - between - JOHN CRYER CONSTRUCTION LTD. - and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS Part Lots 21 and 22, Concession 5, Designated as Parts 18 and 29, 51R-19930 Being all of PIN #58550-0190 (LI) Roll #010-008-10786 TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE January, 2005 By-Law No. 2005- 017 RECEIVED FEB 1 5 2005 ORO-MEDONTE TOWNSHIP Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 1 0 Schedule "A" Schedule "B" Schedule "C" Schedule "D" THE TOWNSHIP OF ORO-MEDONTE SITE PLAN AGREEMENT TABLE OF CONTENTS Covenants by the Owner Covenants by the Township Development Restrictions Development Changes Security Compliance Co-operation Binding Effect Severability of Clauses Save Harmless SCHEDULES Legal Description of Lands Site Plan Deeds and Easements to be Conveyed Itemized Estimate of Cost of Construction 2 SITE PLAN CONTROL AGREEMENT This Agreement made, in quadruplicate, this day of . accordance with Section 41 of the Planninq Act. 2005, in BETWEEN: JOHN CRYER CONSTRUCTION L TO. Hereinafter called the "Owner" PARTY OF THE FIRST PART .and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro-Medonte to permit a 31 m x 12 m commercial building on lands described in Schedule "A", attached hereto; AND WHEREAS the Township has enacted a By-law to provide for the designation of the lands as a "Site Plan Control Area"; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule "B"; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: 3 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in Schedule "A", attached hereto, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to the subject lands. c) No work shall be performed on the lands, nor any use made of the subject lands with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries and Agencies, including, but not limited to, the County of Simcoe. e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes and charges related to obtaining the approval of these lands for the intended use. f) The Owner shall pay a refundable deposit for such reasonable costs as may be involved to the Township in having its solicitor, engineer, planner and staff, perform any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of performance of all the Owner's obligations hereunder, unless the context otherwise requires. Every provision of this Agreement, by which the Owner is obligated in any way, shall be deemed to include the words "at the expense of the Owner", unless specifically stated otherwise. The refundable deposit for expenses and actual cost shall be $5,250.00. The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers/Deeds, Discharges and Easements, or other documents required by Schedule "C", as well as certification from the Owner's solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By-law to permit a 31 m x 12 m commercial building described on the Site Plan. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By-laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule "B", subject to the development restrictions contained herein. 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: 4 \\Db-lo a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan, attached hereto as Schedule "B". b) Liqhtinq All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and/or roadway, not to cause interference in any way. c) Parkinq Areas and Drivewavs All parking areas and driveways shall be constructed in conformity with Sections 5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario Building Code Regulation #419/86, and such parking areas, loading, and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed, as in Schedule "B" attached. The Owner agrees to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro-Medonte. d) Outside Storaqe No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule "B". e) Garbaqe Storaqe The Owner agrees to provide suitable storage areas for garbage and waste, as shown on the Site Plan, and to install and maintain litter containers in and around development on the lands. All metal scrap and associated refuse contained in the fenced compound shall be removed on a weekly basis. f) Landscapinq The Owner shall complete all landscaping and landscaped areas shown on the Site Plan, attached as Schedule "B", as soon as weather permits, and all grading and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. g) Erosion and Siltation Control The Owner must take all necessary precautions to prevent erosion and sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during construction. The Owner agrees to maintain all erosion and siltation control devices in good repair until vegetative cover has been successfully established. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changas to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by all parties. It is the intention of the parties that material amendments to this Agreement be property recorded. Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of Confirmation, or notations on Engineering drawings. The nature of such record of amendment shall depend on circumstances. 5 5. SECURITY Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule "D" to this Agreement (the "said Work"), the following securities: a) Cash in the amount of one hundred percent (100%) of the estimated cost ofthe said work, as approved by the Township Engineer and Township Council, or: b) An irrevocable Letter of Credit from a chartered bank, issued in accordance with the requirements of Schedule "E", with an automatic renewal clause in the amount of one hundred percent (100%) ofthe estimated costs of the said works, and as approved by the Township Engineer. The Letter of Credit shall be for a minimum guaranteed period of one (1) year, or such time as the Township decides, and shall be renewed automatically, as necessary, thirty (30) days prior to expiration. c) The Township reserves the right to accept or reject any of these altemative methods of providing securities. Prior to depositing the securities, the Owner's Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, ft will be set out in Schedule "D" of this Agreement and will become the basis for the limits of the securities. d) Any Letter of Credit or security filed with the Township 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 Township 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, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owner's agent, certifying that all required works for which the Letter of Credit was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner's obligations under this Agreement have been completed, the Township will return said Letter of Credit. f) If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township shall give, by registered mail, twenty-one (21) day's notice, its intent to draw down on the security or deposit. 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 325 of the Municipal Act, R.S.O. 1980, Chapter 302, as amended. 7. CO-OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreement. 6 8. BINDING EFFECT This Agreement, and every1hing contained herein, shall be binding upon the successors and assigns of fhe parties hereto, and upon the lands described in Schedule "A", attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 9. SEVERABILITY OF CLAUSES Should any section, subsection, clause, paragraph, or provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. 10. SAVE HARMLESS The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless, the Township 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 Township, 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 Township, its servants or agents or sub-contractors. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in t behalf. er: n Cryer Construction Ltd. ohn Cryer has the Authority 10 Bind the ) Corporation ) ) ) ) ) ) ) ) The Corporation of the ) Township of Oro-Medonte ) ) per: ) ) ) ) J. Neil Craig, Mayor ) ) ) ) Marilyn Pennycook, Clerk ) SIGNED, SEALED AND DELIVERED 7 SCHEDULE "A" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and John Cryer Construction Ltd. LEGAL DESCRIPTION OF LANDS Part Lots 21 and 22, Concession 5, designated as Parts 18 and 29, 51R-19930, being all of PIN #58550-0190 (lI), Roll #010-008-10786, Township of Oro-Medonte, County of Simcoe. 8 SCHEDULE "B" \\.c\:; - \ 0 NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and John Cryer Construction Ltd. SITE PLAN Site Plan is not in a registerable form and is available from the Township of Oro.Medonte. A-1.1 prepared by Ted Handy and Associates dated 10108104, revised 01/13105. 9 SCHEDULE"C" I ~ ! NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and John Cryer Construction LId. DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the cost of preparation, execution and registration thereof, shall be borne by the Owner. All documents to be registered shall be prior approved by the solicitor for the Township. The following land and easement shall be conveyed: 1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP N/A 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP N/A 10 SCHEDULE "D" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and John Cryer Construction Ltd. ITEMIZED ESTtMATE OF COST OF CONSTRUCTION 1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT 2. LETTERS OF CREDIT AMOUNT Letter of Credit to be provided by the Owner to ensure completion of all works required under the terms of this Agreement, as noted in Sections 5 and 1 f) herein. $5,250.00 (refundable deposit) II r '- CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2005-018 Being a By-Law to Appoint Municipal Weed Inspectors And to Repeal By-Law 2004-026 WHEREAS the Weed Control Act R.S.O. 1990, Chapter W.5, Section 8(1) provides that Council may by By-law appoint Municipal Weed Inspectors; AND WHEREAS Council of the Corporation of the Township of Oro.Medonte deems it expedient to do so; NOW THEREFORE, Council of The Corporation of Oro-Medonte enacts as follows: 1. That the following persons be appointed as Municipal Weed Inspectors: Mike Diver Deputy Chief Buiiding Official Brian Bell Buiiding Official/By-Law Officer Randy Dunsmore Building Official / By.Law Officer 2. That the duties and responsibilities shall be performed and carried out as provided for within the Act. 3. That By-iaw No. 2004-026 of the Township of Oro.Medonte is hereby repealed. 4. That this By-law shall come into force and take effect on its finai passing thereof. By-law read a first and second time this 16'h day of March, 2005. By-faw read a third time and finally passed this day of ,2005. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn pennycook \~ d. - \ THE CORPORATION OF THE MUNICIPALITY OF ORO-MEDONTE BY-LAW NO. 2005-019 Being a By-law to amend By-law 2004-092 - Being a By-law to Authorize the Execution of a Site Plan Control Agreement between the Corporation of the Township of Oro-Medonte, and Horseshoe Valley Resort Ltd./New Millennium Homes Limited described as lands as follows: (Part of the Original Road Allowance between Concessions 3 and 4, designated as Part 21 on Plan 51 R-32830, Township of Oro-Medonte (Geographic Township of Medonte) - Part of Parcel 1-3, Section 51-Med-3, Being Part of Lots 1 and 2, Concession 3, Designated as Parts 15, 16, 18, 19,20,37, and 39 on Plan 51 R-32830, Township of Ora-Medonte (Geographic Township of Medonte) - Parcel 1-5, Section 51-Med-3, Being Part of Lot 1, Concession 3, Designated as Parts 3 and 4 on Plan 51 R- 32830, Township of Oro-Medonte - Part of Parcel 1-6, Section 51-Med-3, Being Part of Lot 1, Concession 3, Township of Oro-Medonte, formerly Township of Medonte, Designated as Part 2 on Plan 51 R-32830 - Part of Parcel 1-12, Section 51-Med-4, Being Part of Lot 1, Concession 4, in the Township of Oro-Medonte, in the County of Simcoe, and Designated as Parts 10, 11" 12, and 13 on Plan 51 R-32830 (Geographic Township of Medonte) - Parcel 1-13, Section 51-Med-4, Being Part of Lot 1, Concession 4, Designated as Part 31 on Plan 51 R-32830) WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O. 1990, c.P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By.law 94-149, a By-law to Designate Parts of the Township a Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte, pursuant to the provisions of The Planning Act, R.S.O. 1990, c.P. 13, as amended; AND WHEREAS the lands referred to in this By-law are subject to Site Plan Control, pursuant to By.law 94.149: NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. THAT the Township enter into the Site Plan Addendum Agreement attached hereto as Appendix "A", on the lands described in Schedule "A" to the Agreement; 2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Addendum Agreement on behalf of the Corporation of the Township of Oro- Medonte; 3. THAT the attached Appendix "A" shall form part of this By-law; 4. THAT this By.law shall take effect on the final passing thereof. READ A FIRST AND SECOND TIME THIS 16'h DAY OF MARCH, 2005. READ A THIRD TIME AND FINALLY PASSED THIS DAY OF ,2005. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook APPENDIX "A" ~- TO BY-LAW 2005-019 SITE PLAN ADDENDUM - between - HORSESHOE VAllEY RESORT lTD. HEIGHTS OF HORSESHOE TOWNHOUSES - and - NEW MillENNIUM HOMES LIMITED -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS Part of the Original Road Allowance between Concessions 3 and 4, designated as Part 21 on Plan 51R-32830, Township of Oro-Medonte (Geographic Township of Medonte) Part of Parcel 1-3, Section 51-Med-3, Being Part of Lots 1 and 2, Concession 3, Designated as Parts 15,16,18,19,20,37, and 39 on Plan 51 R-32830, Township of Oro-Medonte (Geographic Township of Medonte) Parcel 1-5, Section 51-Med-3, Being Part of Lot 1, Concession 3, Designated as Parts 3 and 4 on Plan 51R-32830, Township of Oro-Medonte Part of Parcel 1-6, Section 51-Med-3, Being Part of Lot 1, Concession 3, Township of Oro-Medonte, formerly Township of Medonte, Designated as Part 2 on Plan 51 R-32830 Part of Parcel 1-12, Section 51-Med-4, Being Part of Lot 1, Concession 4, in the Township of Oro- Medonte, in the County of Simcoe, and Designated as Parts 10, 11" 12, and 13 on Plan 51 R-32830 (Geographic Township of Medonte) Parcel 1-13, Section 51-Med-4, Being Part of Lot 1, Concession 4, Designated as Part 31 on Plan 51 R-32830 February, 2005 By-Law No. 2005-019 ADDENDUM TO SITE PLAN CONTROL AGREEMENT This Addendum Agreement made in quadruplicate this 16th day of March 2005, in accordance with Section 41 of the Planning Act. BETWEEN: HORSESHOE VALLEY RESORT LTD. Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- NEW MILLENNIUM HOMES LIMITED Hereinafter called the "Owner" PARTY OF THE SECOND PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OFTHE THIRD PART WHEREAS the Owner has applied to the Township of Oro-Medonte to permit a 24-unit Townhouse Development on lands described in Schedule "A", attached hereto; AND WHEREAS the Township has enacted a By-law to provide for the designation of the lands as a "Site Plan Contra I Area"; AND WHEREAS the Owners entered into a Site Plan Agreement under By-law 2004-092 for the lands described on Schedule "A", attached hereto; AND WHEREAS the Owner agree to this addendum agreement which incorporates and additional clause in Section 1 of the Agreement; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: 2 J. ,~ That Section 1 -Covenants bv the Owner of the Site Plan Contral Agreement be revised to include the following additional clause: "(g) That if at any time within the next three (3) years the Township undertakes a monitoring program for the Coldwater River watershed, that the Owner will participate financially pro...rata in accordance with other water takers within the watershed: IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ). ~~-- ) Owner: Horsesnoe Valley ) Resort Ltd. ) Martin imble ) Has the autho . ,Bind e Corporation ) . ) ) ) Own ) ) Dino Sciavilla ) Has the Authority to Bind the Corporation ) ) ) The Corporation of the ) Township of Oro...Medonte ) per: ) ) ) Mayor, J. Neil Craig ) ) ) ) Clerk, Marilyn Pennycook ~ . c , . I \ SCHEDULE "A" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte, Horseshoe Valley Resort Ltd. And New Millennium Homes Limited. LEGAL DESCRIPTION OF LANDS Part of the Original Road Allowance between Concessions 3 and 4, designated as Part 21 on Plan 51R-32830, Township of Oro-Medonte (Geographic Township of Medonte) Part of Parcel 1-3, Section 51-Med-3, Being Part of Lots 1 and 2, Concession 3, Designated as Parts 15, 16, 18, 19, 20, 37, and 39 on Plan 51R-32830, Township of Oro-Medonte (Geographic Township of Medonte) Parcel 1-5, Section 51-Med-3, Being Part of Lot 1, Concession 3, Designated as Parts 3 and 4 on Plan 51 R-32830, Township of Oro-Medonte Part of Parcel 1-6, Section 51-Med-3, Being Part of Lot 1, Concession 3, Township of Oro-Medonte, formerly Township of Medonte, Designated as Part 2 on Plan 51R-32830 Part of Parcel 1-12, Section 51-Med-4, Being Part of Lot 1, Concession 4, in the Township ofOro-Medonte, in the County of Simcoe, and Designated as Parts 10, 11" 12, and 13 on Plan 51 R-32830 (Geographic Township of Medonte) Parcel 1-13, Section 51-Med-4, Being Part of Lot 1, Concession 4, Designated as Part 31 on Plan 51R-32830 . THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2005-020 ~\ A By-law to permanently close and sell Part of the Original Road Allowance known as Part of O'Connell Lane, (geographic Township of Oro), Township of Oro-Medonte more particularly described as Part of Block F, Plan 798 (Part 3, 51 R-28134), Township of Oro-Medonte, County of Simcoe. WHEREAS pursuant to Section 11 (2) of the Municipal Act, S.O. 2001, c.25, as amended, Council is empowered to pass by.laws respecting highways; AND WHEREAS Section 34 of the Municipal Act, S.O. 2001, c.25, as amended, empowers municipalities to permanently close a highway after giving notice to the public; AND WHEREAS Part of the original road allowance know as Part of O'Connell Lane, (geographic Township of Oro), Township of Oro.Medonte, more particularly described as Part of Block F, Plan 798 (Part 3,51 R-28134), Township of Oro-Medonte, County of Simcoe, is no longer required for municipal purposes; AND WHEREAS Section 268 of the Municipal Act, S.O. 2001, c.25, as amended, authorizes a Council of a municipality to dispose of surplus land in accordance with the provisions of a by-law passed by the Council, establishing procedures governing the sale of such land; AND WHEREAS Council did pass By.law No. 2003-125 on the 261h day of November, 2003, being a By-law to govern the procedure for the sale of land within the Township of Oro.Medonte, pursuant to Section 268 of the Municipal Act, S.O. 2001, c.25, as amended; AND WHEREAS Council has previously caused notice to be given of its intention to permanently close and sell the land described in Schedule "A" attached hereto, in accordance with the requirements of Section 268 of the Municipal Act, and the requirements set out in By.law 2003-125, as amended; AND WHEREAS Council has determined that the said land is not required for municipal purposes, and has by resolution declared part of the original road allowance know as Part of O'Connell Lane, (geographic Township of Oro), Township of Oro.Medonte, more particularly described as Part of Block F, Plan 798 (Part 3,51 R-28134, Township of Oro-Medonte, County of Simcoe to be surplus to the needs of the municipality; AND WHEREAS Council has received no notice of objection to the proposed road closure and sale of land from any party; AND WHEREAS pursuant to Sections 34 and 268 of the Municipal Act, S.O. 2001, c.25, as amended, the Clerk of the Township of Oro-Medonte did cause a Notice of the proposed By-law to permanently close and sell part of the original road allowance know as Part of O'Connell Lane, (geographic Township of Oro), Township of Oro-Medonte, more particularly described as Part of Block F, Plan 798 (Part 3, 51 R-28134), Township of Oro.Medonte, County of Simcoe to be published in newspapers of local circulation, a copy of which is attached as Schedule "C" to this by-law; AND WHEREAS the proposed By-law came before Council of The Corporation of the Township of Oro.Medonte for consideration at its meeting on the 161h day of March, 2005, and at that time no person objected to the proposed By-law nor claimed that his/her land would be prejudicially affected. NOW THEREFORE the Council of the Township of Oro.Medonte hereby enacts as follows: I \ 1. Permanentlv Close - Council does hereby permanently close part of the original road allowance know as Part of O'Connell Lane, (geographic Township of Oro), Township of Oro.Medonte, more particularly described as Part of Block F, Plan 798 (Part 3, 51 R-28134), Township of Oro.Medonte, County of Simcoe more particularly described in Schedule "A" attached hereto, and forming part of this By.law. 2. Authorization of Sale (Transfer) - Council does hereby authorize the sale of part of the original road allowance know as Part of O'Connell Lane, (geographic Township of Oro), Township of Oro-Medonte, more particularly described as Part of Block F, Plan 798 (Part 3, 51R-28134), Township of Oro-Medonte, County of Simcoe to the registered owner from time to time of the abutting lands described as Lots 20, 21, 22 and 23, Plan 798. 3. Sale Price - In accordance with By-law 2003.125, as amended, Council hereby sets the sale price for Part of O'Connell Lane, (geographic Township of Oro), Township of Oro-Medonte, more particularly described as Part of Biock F, Plan 798 (Part 3,51 R.28134), Township of Oro-Medonte, County of Simcoe more particularly described in Schedule "A" attached hereto, at a consideration of nil. 4. Execution of Documents - The Mayor and Clerk are hereby authorized to sign all documents to carry out the intent of this By-law. 5. Certificate of Compliance - Schedule "B" attached hereto and forming part of this By-law is a Certificate of Compliance of Marilyn Pennycook, Clerk of The Corporation of the Township of Oro.Medonte, setting out the procedures taken for the publishing of the said Notice pursuant to the provisions of the Municipal Act. BY-LAW READ A FIRST AND SECOND TIME THIS 16TH DAY OF MARCH, 2005. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 2005. DAY OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook Schedule" A" to By-law No. 2005-020 for The Corporation of the Township of Oro-Medonte Part of O'Connell Lane, (geographic Township of Om), Township of Oro-Medonte, more particularly described as Part of Block F, Plan 798 (Part 3,51 R.28134), Township of Oro.Medonte, County of Simcoe Schedule "B" to By-law 2005-020 for The Corporation of the Township of Oro-Medonte CERTIFICATE OF COMPLIANCE IN THE MATTER of the sale of land designated as Part of O'Connell Lane, (geographic Township of Oro), Township of Oro-Medonte, more particularly described as Part of Block F, Plan 798 (Part 3, 51R-28134), Township of Oro-Medonte, County of Simcoe I, Marilyn Pennycook, Cierk of the Township of Oro.Medonte in the County of Simcoe, certify to the best of my knowledge and belief that: 1. The Corporation of the Township of Oro.Medonte enacted By.law No. 2003-125 on the 26th day of November, 2003, being a By.law to govern the procedure for the sale of land within the Township oi Oro-Medonte, pursuant to Section 268 of the Municipal Act, 2001, S.O. 2001, c.25, as amended. 2. By-law No. 2003.125 was in effect at the time the Corporation of the Township of Oro.Medonte passed the resolution declaring as surplus to the needs of the municipality, the lands described as: Part of O'Connell Lane, (geographic Township of Oro), Township of Oro-Medonte, more particularly described as Part of Block F, Plan 798 (Part 3, 51 R-28134), Township of Oro-Medonte, County of Simcoe. 3. Section 268(8) of the Municipal Act, 2001, S.O. 2001, as amended, authorized the exclusion of this land from appraisal. 4. A Notice of the proposal by The Corporation of the Township of Oro.Medonte to pass a By.law to sell land designated as Part of O'Connell Lane, (geographic Township of Oro), Township of Oro.Medonte, more particularly described as Part of Block F, Plan 798 (Part 3, 51 R.28134), Township of Oro.Medonte, County of Simcoe, described in the said Notice was published in the Barrie Examiner, and the Orillia Packet and Times on March 11, 2005. 5. The By-law for the sale of the subject lands came before the Municipal Council at its regular meeting on the 16th day of March, 2005, and at that time, no person or persons made any claim that his land wouid be prejudicially affected by the By- law. Dated at the Township of Oro-Medonte, in the County of Simcoe, this day 01 2005. Marilyn Pennycook, Clerk Township of Oro.Medonte Schedule "C" to By-law 2005-020 1\.0 for The Corporation of the Township of Oro-Medonte , !'Il(QIIl'OIIATIOI'.vr Hil TOWN~tIIP -&~a.:.JI6e;zMk THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE NOTICE OF PROPOSED PERMANENT ROAD CLOSING AND SALE BY-LAW TAKE NOTICE that The Corporation of the Township of Oro-Medonte proposes to pass a Bywlaw to permanently close and sell a portion of road in the Township of Oro.Medonte, County of Simcoe, more particularly described in Schedule "A" hereto'. AND FURTHER TAKE NOTICE thallhe proposed By-Law will come before Ihe Council of The Corporalion of Ihe Township of Oro.Medonte al ilS regular meeling to be heid at the Council Chambers on Ihe 16th day of March, 2005 at 7:00 o'clock p.m. and at that t,ime Council will hear in person or by his counsel, solicitor or -agent, any person who claims that his land will be prejudicially affected by the By-law. DATED AT THE TOWNSHIP OF ORO-MEDONTE THIS 11th DAY OF MARCH 2005. Manlyn pennycook, Clerk SCHEDULE "A" Part of Block F, Plan 798, designated as part 3, 51R-28134, O'Connell lane (geographic Township of Ora), Township of Oro.Medonle. 1\"' '" \ \\ \/' /",\ "J,,\ \ /'>/" / '\ ~\ " \ 0\ \ ~ \./ ~/\\\\ \ '\/ ,/<""\\ \. ,/ \, \,v\\/ , / \~' ' / \- ", --~,~\ \ \ )\. .\ \ '\ ;;<\~' ).-///' . . \/'"": \ \ V \ /',/ \ ' \ " !.AKI;$tMOOE '//\ \ \ \ // \' '-i \ \ , \ -----.-----'.--- \l THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2005-016 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING HELD ON WEDNESDAY, MARCH 16,2005 THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE HEREBY ENACTS AS FOLLOWS: 1. THAT the action of the Council at its Council Meeting held on Wednesday, March 16, 2005, and in respect to each Motion, Resolution and other actions passed and taken by the Council at its said Meeting is, except where prior approval of the Ontario Municipal Board is required, hereby adopted, ratified and confirmed. 2. THAT the Mayor and the proper Ollicials of the Township are hereby authorized and directed to do all things necessary to give ellect to the said action or to obtain approvals where required and to execute all documents as may be necessary on behalf of the Council 01 the Corporation of the Township of Orc-Medonte. And, the Clerk is hereby authorized and directed to affix the corporate seal to all said documents. BY-LAW READ A FIRST AND SECOND TIME THIS 16th DAY OF MARCH, 2005. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 16th DAY OF MARCH, 2005. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook