06 15 2005 COW Agenda
TOWNSHIP OF ORO-MEDONTE
COMMITTEE OF THE WHOLE MEETING AGENDA
COUNCIL CHAMBERS
DATE: WEDNESDAY, JUNE 15, 2005
TIME: 1 :00 p.m.
1. NOTICE OF ADDITIONS TO AGENDA
2. ADOPTION OF THE AGENDA
3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF: - "IN ACCORDANCE WITH THE ACT"
4. DEPUTATIONS:
a) 1 :00 p.m. John Hare, re: 60th Anniversary of VE Day and Liberation of the
Netherlands.
5. CORRESPONDENCE:
a) Donald Campbell and Jim Campbell, correspondence dated April 28, 2005 re: Guthrie
United Church and Cemetery.
b) The City of Cambridge, correspondence dated May 17,2005 re: Volunteer and
Municipal Trails.
c) Monte Kwinter, Minister of Community Safety and Correctional Services,
correspondence dated June 2, 2005 re: "Double Hatter" Fire Fighters.
d) Frank Reynolds, correspondence dated May 30, 2005 re: Road Condition of Woodland
Drive - Lots 709 to 777.
e) Steve Barker, Superintendent of Education, Simcoe County District School Board,
correspondence dated May 30, 2005 re: Licence Agreement between the Simcoe
County District School Board and the Township of Oro-Medonte (Shanty Bay Public
School).
f) Bob Gregory, Parade Marshall, Hawkestone and Area Community Association,
correspondence dated June 14, 2005 re: Canada Day Parade.
6. FINANCE, ADMINISTRATION AND FIRE:
a) Report No. FD 2005-11 , Joe Casey, Director of Fire and Emergency Services, re: Fire
Report for Month of April, 2005.
b) Report No. TR 2005-11, Bonnie McPhee, Accounting Clerk, re: Statement of Accounts,
May, 2005.
c) Report No. ADM 2005-025, Marilyn Pennycook, Clerk, re: Request for Closure and Sale
of Unopened Road Allowance Portion of Line 14 North from Cook Lane to Bass Lake
(Fox).
d) Report No. PR 2005-04, Chris Carter, Manager of Recreation and Community
Development, re: Craighurst Community Hall Board Request re: Reallocation of 2005
Capital Funds.
e) Report No. ADM 2005-026, Jennifer Zieleniewski, CAO, re: John Markov, Concession
8, Pt Lots 26 & 27, Plan 606, Lots 201-203, Lots 229-231, 16 Barbara Avenue (Oro),
Township of Oro-Medonte.
7. PUBLIC WORKS:
None.
8. ENGINEERING & ENVIRONMENTAL SERVICES:
a) Report No. EES 2005-22, Keith Mathieson, Director of Engineering and Environmental
Services, re: Amendment to Existing Standard Subdivision Agreement.
b) Report No. EES 2005-23, Keith Mathieson, Director of Engineering and Environmental
Services, re: Enforcement of County of Simcoe Waste Management By-Law.
c) Report No. EES 2005-24, Keith Mathieson, Director of Engineering and Environmental
Services, re: Catherine Anne Staples - Site Plan Agreement - Lot 3, Plan 51 M-720 -
30 Highland Drive.
d) Report No. EES 2005-25, Keith Mathieson, Director of Engineering and Environmental
Services, re: Sharon Bellisle - Site Plan Agreement - Lot 39, Plan 791, 8 Goss Road -
Being all of PIN # 58531-0380 (Lt).
9. BUILDING, PLANNING AND DEVELOPMENT:
a) Report No. PO 2005-031, Bruce Hoppe, Director of Planning, re: Guthrie United
Church, 59 Line 4 North.
b) Report No. PO 2005-032, Bruce Hoppe, Director of Planning, re: Removal of Holding
Provision - 8 Goss Road, Lot 39, Plan 791 - Sharon Bellisle (Van Noort).
2
c) Report No. PD 2005-033, Bruce Hoppe, Director of Planning, re: Removal of Holding
Provision - 30 Highland Drive, Lot 3, Plan M-720 (Stapies).
d) Report No. PD 2005-034, Nick McDonald, Planning re: Appeals to OP A 16 and 17 -
Declaration of Provincial Interest.
e) Report No. PD 2005-035, Bruce Hoppe, Director of Planning, re: Request to Upgrade
5th Line North and to Obtain Severances on Suwala Property.
10. IN-CAMERA:
a) Councillor Marshall, Verbal re: Property Matter.
b) Jennifer Zieleniewski, CAO, re: Legal Matter.
11. ADJOURNMENT:
3
ADDENDUM
COMMITTEE OF THE WHOLE MEETING
Wednesday, June 15, 2005
6. FINANCE, ADMINISTRATION AND FIRE:
f) Report No. PR 2005-05, Chris Carter, Manager of Recreation and Community
Services re: Request for Exemption - Hawkestone Community Hall Canada Day
Parade.
g) Verbal Report, Chris Carter, Manager of Recreation and Community Services re:
Public Workshops - May 31 and June 4, 2005.
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April 28, 2005
Marilyn Pennycook
Clerk Oro-Medonte Township
Delivered by Hand
Further to a letter you received Jan 14 2005, and after meeting with your~elt, 'he ::,A.O.
and the Director of Planning, we the Trustees of Guthrie United Church and C<Ojl1etery
have researched the following information.
'x
On Oct.l7-1990 the Trustees met at Guthrie United Church, the following is an excerpt
from those minutes.
'The Trustees of Guthrie United Church met in the basement of the church with The
Road Superintendent for the Township and Deputy Reeve David Caldwell of Oro
Council to discuss mutual concerns regarding entrance from the highway and also paving
matters. After considerable discussion it was moved by Keith Sanderson and Bert
Jamieson that we the trustees, ask the Oro Council to get permission from the Ministry of
Transportation for Ontario to close off the entrance to Guthrie United Church from Hwy
lion the condition that the arena road north of the church property be brought up to
MTO standards and that it be continued in a southerly direction east of the church
property line to the north side of#] I Hwy so as not to land lock the church in the future,
May 22,1991
Morris McArthur read a letter from Fred Haughton regarding closing entrance. A letter
to be sent to Oro Council in regards to bringing road at north of the church to the Arena
up to standards to coincide with closing entrance moved by Keith Sanderson seconded by
Burt Jamieson.
\
Based on this research we are asking if council has records of any letters or rnotions to
the MTO in the timeframe above and also if Council will grant a definite right of way for
both the church property and at least five right of way entrances into the cer... ;~j..
Yours truly,
~~~JJ-O
Lf~r7- ",7 ~9
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Donald Campbell and Jim Campbell
Cc: Neil Craig, Mayor
Council Members
The Corporation
of the City
of Cambridge
s
PUBLIC ACCESS A'il) COl''iCIL SERnCES
DEPARTi\IE!'\T/CITY CLERh:
Telephone:
Fax Number:
E-Mail Address:
(519) 740-4680, Ex!. 4233
(519) 740-3011
calderd@lcity.cambridge.on.ca
7,; \Vater Street North
P,O. Bl):\ 669
Cambridge,Onlario
N1R 5\\~
W\\ \\',cily.canlbridge,oll.ca
May 17, 2005
File: C09!C A
Association of Municipalities of Ontario
393 University Ave.. Suite 1701
Toronto, Ontario
M5G 1 E6
Dear Sir:
Re: Councillor Price - Volunteer and Municipal Trails
Please be advised that Cambridge City Council at its meeting held on May 16, 2005, approwd the following:
\VHEREAS municipalities and various Trial Clubs throughout Ontario have invested substantial public
funds in the development of trails:
AND \VHEREAS the public has made very significant lIse of trail systems for fitness and recreation to
substantially improve their quality of life during all four (4) seasons:
AND \VHEREAS those using the trail systems haye historically done so at their own risk;
A~D \VHEREAS the cost to maintain and police trail systems would be so prohibitive as to require thdr
closure if made mandatory, whether by case law or statute;
AND \VHEREAS various lawsUlts have been filed claiming liability against municipalities and other trail
owners;
AND WHEREAS the cost of insurance for the use of trail systems has already proven so expensive to be
prohibitive;
AND WHEREAS the Ontario Govemment has introduced the "Active 2010" program as part of its Ontano
Trails Strategy, encouraging Ontarians to become more physically actIve:
NOW THEREFORE BE IT RESOL VED THAT the Council of the City of Cambridge requests through our
local MPP Gerry Martiniuk that the Minister of Municipal Affairs and Housing, John Gerretsen, and the
Minister of Tourlsrn and RecreatIon, 11m Bradley, move to amend the Occupiers Liability Act so as to clearly
establish that those using trall systems are deemed to do so at their own risks, so that o'Wners and volunteer
organizations will not be held liable in any way for any damages arising from the use of trails by the public:
AND FURTHER THAT this resolution be circulated to AMO for distribution to all municipalities in Ontario
with the request that they pass similar resolutions of support.
,.Yours truly I
'\:' \ i 7""',' 'I i
(,i " (" J. i , "J
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-~ J Calder. BA, BPA. CMC. CMO
Commissioner of Public Access & Conncil Services
To:
!vtinister of Municipal Affairs & Housing lohn Gerretsen
Minister of Tourism & Recreation 11m Bradley
Gerry Martiniuk.
@
FM<:ycI..:lPepe.
~c - \
Ministry of Community Safety
and Correctional Services
Ministere de la Securite communautaire
et des Services correctionnels
Office of the Minister
Bureau du ministre
25 Grosvenor Street
18th Floor
Toronto ON M7A 1Y6
Tel: 416-325-0408
Fax: 416-325-6067
25, rue Grosvenor
188 Btage
Toronto ON M7A 1Y6
Tel.: 416-325-0408
T elec.: 416-325-6067
Ont3i'io
CU05-01337
JUN 0 2 2005
His Worship J, Neil Craig
Mayor
Township of Oro-Medonte
148 Line 7 South
PO Box 100
Oro ON LOL 2XO
D 6 1005
Dear Mayor Craig:
Thank you for your letter, forwarded by Premier Dalton McGuinty, regarding career
firefighters who also volunteer as firefighters in other communities ("two-hatters"). I am
pleased to respond and apologize for the delay,
As you are aware, our government recognizes that Ontario's dedicated firefighters are
the backbone of safety and security within our communities. We admire their courage
and know their services are crucial: they put their lives at risk to protect the public. We
also realize that volunteer firefighters are essential to the provision of quality fire
services in many Ontario communities.
My colleagues and I understand that the two-hatter issue continues to be a controversial
one in our province. We strongly believe that collaborative efforts need to be made to
resolve it - first and foremost - in the best interests of public safety. Protecting the
public is of paramount importance to our government. To that end, I have asked the
Ontario Fire Marshal to continue to monitor the situation and notify me if a serious threat
to public safety arises as a result of the withdrawal of services by career firefighters
serving as volunteer firefighters. The Office of the Fire Marshal continues to monitor the
impact of resignations by two-hatters. There has been little activity reported to the Fire
Marshal in the last several months,
Ontario municipalities are responsible for providing effective fire protection services
based on local needs and circumstances, Historically, municipalities have been able to
resolve contentious issues through constructive dialogue. I continue to encourage all
parties involved in the two-hatter issue to engage in a dialogue to arrive at a fair and
reasonable solution to this issue.
.../2
r
~
Mayor J, Neil Craig
Page two
As you may know, Ontario municipalities are responsible for providing fire protection
services and are required to maintain adequate and effective fire departments, We
recognize that in these times of fiscal constraints and increasing demands on
emergency response services, some municipalities, particularly small and rural ones,
require additional support to be able to provide basic fire protection services. In
delivering on our commitment to community safety, our government has recently
announced a one-time $30 million grant to municipalities to support Ontario's fire
service, The funding formula for this grant is aimed at helping those communities with
the greatest need. Rural and small municipalities, such as the Township of
Oro-Medonte, with their high number of volunteer firefighters, will receive 71 per cent of
this grant.
By providing this grant, our government aims to support and promote a robust,
well-trained and well-equipped volunteer fire service throughout Ontario.
I trust this information is helpful. Again, thank you for writing.
Sincerely,
Monte Kwinter
Minister
c: The Honourable Dalton McGuinty
Premier
Mr. Bernard Moyle
Fire Marshal of Ontario
THE CORPORATION Of THE
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Phonc (705\ 487..217 i
Cl05) 487-0133
vV'NV,' JJfO'f-nC:Gonte.Gi
March 21, 2005
The Honourable Dalton McGuinty
Premier of Ontario
Queen's Park, Room 281
Main Legislative Building
Toronto, ON M7A 1A1
Dear Premier McGuinty:
The Corporation of the Town of Midland has solicited the Township of Oro-Medonte's support
of their request to enact legislation to protect employment rights of the "double hatter" fire
fighters.
Oro-Medonte's Council is aware that volunteer firefighters have been the foundation of
firefighting in Ontario communities and they provide a valuable, cost-effective service in
protecting their communities,
We are also in agreement that many career fire fighters who have chosen to serve as
Volunteer Fire Fighters in their home communities playa vital role in the areas of leadership
and training.
Please find attached correspondence dated June 27, 2002 in which the Township petitioned
Garfield Dunlop, MPP and the Association of Municipalities of Ontario on this issue.
On behalf of Council of the Township, I would therefore respectfully request that you give
favourable consideration to the introduction of legislation that would enable these public
servants to pursue their career and volunteer service objectives.
Yours truly,
7r~~
J. Neil Craig
Mayor
cc: The Honourable M. Kwinter, Minister of Community Safety and Correctional Services
Garfield Dunlop, MPP
Association of Municipalities of Ontario
F,G, Flood, CAO, Town of Midland
Members of Council
Joe Casey, Director of Fire and Emergency Services
THE CORPORATION Of THE
148 Line 7 5., Box 100
Oro, Ontario LOL 2XO
TOWN8tIIP
(gm-Of -:;I6e@de
Phone (705)487-2171
fax (705) 487,0133
www.township,oro-medonte.on,c<"\
June 27, 2002
Mr. Garfield Dunlop
M.P.P., Simcoe North
14 Coldwater Road West
Box 2320
Orillia, Ontario L3V 6S2
Dear Mr. Dunlop:
Re: Volunteer Firefi ghters Protection Bill 30
As you are aware, the Township of Oro-Medonte depends heavily on volunteer firefighters to
protect our citizens and to provide emergency service. Our ratepayers are fortunate in the
commitment of the individuals who form the firefighter protection team in the Township,
It has come to the attention of Council that there is a question looming with respect to "two-
hatters", Many rural communities, who are indebted to volunteers to fill the complement of
firefighter staff as Oro-Medonte is, would find it prohibitively expensive to replace these
volunteers with full-time firefighters, The expertise and leadership qualities currently present
would also be lost if the Township were to lose the volunteers currently in place,
For the above reasons, the Township ofOro-Medonte endorses AMO's position in support of
Bill 30 which, if passed, would not allow unions to discipline, decline membership, or refuse to
provide representation to anyone of their members who is employed on a salaried basis by a fire
department solely because the member also works as a volunteer firefighter.
Your support of Bill 30 is petitioned and your consideration of this matter i~appreciated.
Sincerely,
g( I&..J j?A~
&eil Craig '-" --27
Mayor
c.c. AMO
Members of Council
The Mayor and Council
The Corporation ofthe Township of Oro-Medonte
Box 100
Oro, Ontario
LOL 2XO
r)d-\
MAY] 0 1005
Re: Poor Condition of Woodland Drive- Lots 709 to Lot 777
Dear Mayor and Council,
We have a Lake House at 777 Woodland Drive and have enjoyed being here since
1985. Over that time there have been improvements to the road and they made
driving much easier.
However, in the last two years Woodland Drive has been allowed to deteriorate and
in places the conditions ofthe road are bad.
Starting at the sharp turn when Woodland Drive starts to run along the Lake shore
at Lot 709 to lot 777 the road has become particularly bad with many potholes,
washed out sections that are not gravel and so on.
From lots 737 to 777 it is even worse particularly at the rise near the new log home
built two years ago and right before our driveway at 777 Woodland Drive. Last year
when I asked if this section would be repaired, your Roads Superintendent told me
that he "didn't think it was that bad." Weill suppose he has a budget to watch but I
disagree with him the road is in bad shape. When the new log house was built they
dug across the road way to install the gas line and that section was never repaired
properly. Just before our driveway the road is a bit low and there is washout from
the swampy area next to the road.
I would respectfully request that council do something to make the road more
passable as it really shakes you up driving through there. I suppose there is a bright
side in that traffic has to go slow because the section from lot 709 to 777 is like one
continuous "speed bump".
I realize that we live in an expensive world with all the downloads to the
municipalities. I believe that the government ofthe day stated that all the changes
would be "revenue/expense neutral" but as we all know municipalities particularly
small ones have been very hard hit. I know I am involved with a small municipality
back home here on Manitoulin where I live now.
As you are aware the residents on Woodland Drive do not have a lot of municipal
services: water and field beds are our responsibility, no storm sewers, no sidewalks
etc. We have excellent garbage pick up and inspection services. Our main municipal
service if the road and it is important that it be maintained. Anything that you could
do would be greatly appreciated.
Thank you for your consideration ofthis matter and please let me know what you
decide. I will he moving to the area in the fall when I retire as we like Orillia and
oundings so much.
ly,
ank Reynolds
Box 757
Little Current, Ontario
POP lKO
-\
RECEIVEDl
JUN 0 8 2005 I
ORO-MEDONTE
TOWNSHIP
Simcoe County District School Board
1170 Hwy 26
Midhurst, Ontario LOL 1 XO
Tel: (705) 728-7570
Fax: (705) 728-2265
May 30, 2005
Jennifer Zieleniewski, CAO
Township of Oro Medonte
148 Line 7 South, Box 100
Oro, Ontario
LOL 2XO
Dear Ms, Zieleniewski
At the Board meeting of May 25, 2005. trustees passed a motion to agree to an
extension of the existing Licence Agreement between the Simcoe County District
School Board and the Corporation of the Township of Oro Medonte (Shanty Bay
Public School) - see attached. The twelve-month extension, which runs from April
19'h, 2005 to April 18'h, 2006, allows the Township to continue past practice with
NO ADDITONAL OBLIGATIONS OR CONDITIONS ON THE PART OF THE
BOARD FOR ANY FURTHER RENEWAL.
This will allow any bookings during this time period to occur as per past practice.
Please be advised that ANY agreement for future joint use that may be negotiated
WILL NOT involve alcohol on the premises, In addition, all permits will run
through the Simcoe County District School Board's Permit Office, Lastly, key
restrictions will be enhanced and the present procedure for access to the building
will change,
We would respectfully remind the Township of its obligation to "provide custodial
servicing of the Facilities during non-school hours and during school hours where
the Township uses and occupies any part of the Facilities not required for school
purposes". (Reference section 4.1 (i)). It is expected that a Certificate of
Insurance (minimum of $5,000,000), naming the Simcoe County District School
Board as an Additional Insured, is forthcoming.
i0
"-
Jennifer Zieleniewski
Page 2
Please advise your Hall Board that they are not to accept ANY bookings which
would occur after April 18, 2006,
We look forward to working with you in the future.
Sincerely
~-'vPr~
Steve Barker
Superintendent of Education
Atl.
c,c. Gord Campbell, Director of Education
Mark Twardowski, Manager, Design, Construction and Maintenance
Susan Justus, Manager, Custodial Services
David Few, Manager, Property and Planning
Gail Read, Principal, Shanty Bay Public School
Lou Brandes, Superintendent of Education
jr
REPORT NO. CL-B-2-e
APRIL 27, 2005 - 4
REPORT NO. CL-B-2-d
APPENDIX A-4
MAY 25.2005
-
3. Conclusion
A twelve (12) month renewal of the License Agreement will provide for a transition
period, for all stakeholders, towards the objective of a Joint Use Agreement between the
Simcoe County District School Board and the Township of Oro-Medonte. A Joint Use
Agreement would provide for the use of Shanty Bay Public School by the Township and
also serve to make available other Simcoe County District School Board schools to the
Township as community 'hubs' while at the same time making Township Indoor and
outdoor facilities available to schools during the school day.
A space utilization and requirements analysis will be conducted over the next six (6)
months to determine a recommended course of action that addresses the safety
concerns expressed by the school community.
RECOMMENDATIONS
1. That the Board approve that the current License Agreement between Simcoe County
District School Board and The Corporation of the Township of Oro-Medonte, with its
obligations and conditions as adjusted for the renewal period, be renewed for a term of
twelve (12) months from the 19th day of April 2005 with no additional obligations or
conditions on the part of the Board for any further renewal.
2. That the Board approve that notwithstanding the expiry of the License Agreement the
obligations on the part of the Board continue to be exercised with the Township of Oro-
Medonte, as if the License Agreement were in effect, until the Township signs the twelve
(12) month renewal or May 25,2005 whichever is first.
3. That the Board approve that if there is no corresponding twelve (12) month renewal on
the part of the Corporation of the Township of Oro-Medonte by May 25, 2005, that the
Board exercise its full control over the Shanty Bay Public School facilities immediately
thereafter under Board Policy 2340 until such time as a Joint Use Agreement is reached
with the Corporation of the Township of Oro-Medonte,
Respectfuliy submitted by:
Thomas Saint-Ivany
Superintendent of Facility Services
Steve Barker
Superintendent of Education, District 3
Approved for submission by:
K. Gordon Campbell
Director of Education
April 18, 2005
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May 18, 2005
Simcoe County District School Board,
1170 Hwy 26
Midhust, Ontario
LOL 1XO
Attention: Steve Barker, Superintendent of Education
Thomas Saint-1vany, p, ENG" Superintendent of Facility Services
Dear Mr. Barker and Mr. Saint-1vany,
Further to the meeting of April 6, 2005 held at the municipal offices with representatives
of the Simcoe County District School Board, His Worship J. Neil Craig, representatives
of the Shanty Bay Community Hall Board and municipal senior staff, I would
respectfully request that the Board consider the following during its deliberations,
Since the inception of the agreement to share the Facility in 1979, both parties acted in
good faith to continue and further a mutually beneficial arrangement for the Parties and
the community. Extinguishing those benefits would be harmful to the community and
would not further the spirit of the original arrangement to share the Facility, Moreover, it
should be noted that the current Agreement acknowledges the significant financial
contributions made by the Shanty Bay Ratepayers Association and creates a supervisory
role for the Shanty Bay Community Hall Board, a role which they wish to continue.
We also note that the current Agreement provides for the joint ownership of the
equipment located in the Facility all of which is subject to the terms and conditions of the
Agreement. The Agreement does not provide a definition for what constitutes equipment
nor does it consider division of equipment should the contract lapse. Consequently,
failure to renew the Agreement will create obvious complications in this regard.
Please accept this as notice that the Township of Oro-Medonte desires to enter into a
twelve (12) month Licence Agreement renewal for the shared use of the Shanty Bay
Public School, which includes the gymnasium, stage, kitchen, downstairs washroom,
main floor banquet room/main floor meeting room and main floor storage room (the
"Facility").
Your correspondence dated May 9, 2005 requested notification with respect to the impact
on the Village should the current Licence Agreement not be renewed, The Township
wishes to advise the Board that the impact would be devastating to the community.
Unfortunately the only other existing centre in the Village is the Saint Thomas Anglican
Church, which does not allow for venues such as card playing which is integral tQ the
seniors in the community. As well, the church is very small and presently functions to
capacity, providing nursery school services three full days a week.
Without the consumption of alcohol the rentals for the gymnasium are estimated to
decrease by 80 percent and past venues held by other partners in the community such as
the Volunteer Fire Fighters Association will be forced to hold their fund raising events
outside of the community in some instances as far away as Warminster. Local residents
will no longer be able to celebrate family related events within their community soch as
milestone birthday parties and weddings,
The Township respectfully requests that the Board consider the above when deliberating
this very important issue. To reiterate the Township's position, most important is to
renew the Licence Agreement with or without the provisions for the consumption of
alcohol; the preference being to renew the Licence Agreement for the use of the Facility
under the tenllS and conditions of the current Licence Agreement, to serve or permit the
assumption of alcohol during non school hours and under appropriate special licence
issued by the LLBO,
In tenllS of the Township providing the Simcoe County District School Board with a
current Certificate of Insurance, we will provide same when an agreement is reached.
I would like to take this opportunity to thank the Simcoe County District School Board
representatives for their time and consideration in regards to this matter. For further
infonllation please to do not hesitate to contact me.
Respectfully submitted,
cc. His Worship], Neil Craig,
Chris Carter, Manager of Recreation and Community Services
Marilyn Pennycook, Clerk
Shanty Bay Community Hall Board
I"
~-+
June 14,2005
RE
VEO\
I
i
,
Mayor Neil Craig & Members of Council
Box 100, Oro, ON. LOL 2XO
JUN Q 9 2QQS
l ORO-MEDONTE
TOWNSHIP
---
Re: Canada Day Parade
Dear Mayor Craig & Members of Council
On behalf of the Hawkestone And Area Community Association, I would like to request
an exemption from by-law #99-41 in order to have our annual Canada Day Parade in
Hawkestone, The parade will begin at I :OOpm and follow the same route as previous
years, commencing at the Hawkestone pier and traveling up main street, turning right on
John 8t., then right on Allen in front of the Hawkestone Community Hall and dispersing
at Matilda.
We will have several volunteers along the parade route to ensure the safety of participants
and we have notified the OPP and Fire Chief of our plans,
We would also like to extend an invitation to Council and staff of the Township to
participate in the parade and the many other events being planned to celebrate Canada's
birthday.
Thank you for your consideration of this request. Please contact me if you need any
further information,
Yours sincerely,
@~
Bob Gregory
Parade Marshall
(705) 487-7147
TOWNSHIP OF ORO-MEDONTE
REPORT
Dept. Report No. To: Prepared By:
F .D. Report 2005 - 11 Committee of the Whole Lynn Burness, F.D.
Secretary
Subject: Department:
Council Oro-Medonte Fire and
Fire Report for Month of Emergency Services
C.ofW. April, 2005 Date:
May 27, 2005
Motion # R.M. File #:
Date: RolI#:
DATE
STATION
TIME
TYPE
LOCATION
DAMAGE
Station #2 Motor Vehicle Highway 11 SIB, @
Aori! 2, 2005 Hawkestone 06: 38:44 Accident I Hydro Pole Line 9
Station #5 Motor Vehicle HSVR,Between
Aoril 2. 2005 Warminster 07:00:01 Accident, Hydro Pole Line 11 &12
Station #2 Carbon Monoxide 618 Lakeshore Road
April 3,2005 Hawkestone 07: 31:00 Call East
Station #6 Motor Vehicle Highway 400 SIB,
Aoril 3, 2005 Moonstone 12:44:55 Roll Over North of Hwv, 93
Station #3 Hydro Wires Down 2600 Bidwell Road
Aori13,2005 Horseshoe 10: 10: 00
Station #2 Basement Flooded, 4 Orillia Road
Aoril 4, 2005 Hawkestone 07:46:26 Electrical
Station #1 Carbon Monoxide 334 Shanty Bay
Apri14,2005 Shanty Bav 03: 01: 08 Call Road
Station #2 Medical Assist 2498 Highway 11
April 4, 2005 Hawkestone 09:46: 15 Call South
Station #1 Alarm - No Fire, 1899 Ridge Road
Aori14,2005 Shantv Bav 03: 33:36 Malfunction West
^?1
! \
LX
F.D. Report 2005 -11
DATE
STATION
TIME
TYPE
LOCATION
DAMAGE
Station #2 Hydro Pole Fire Highway 11 North
Ami! 4, 2005 Hawkestone 03:43:43 At Line 5
Station #5 Hydro Wires Down, Comer of Warminster I
Amil 4, 2005 Warminster 01:40:00 Across the Road S.R and Line 13
Station #1 Medical Assist 2498 Highway 11
Ami! 4, 2005 Shanty Bay 09:46: 15 Call
Station #2 Transformer on Highway 11 North at
April 5, 2005 Hawkestone 06:25:25 Fire Line 15 i
Station #1 Chimney Overheat 54 Evelyn Cres, I
April 6,2005 Shanty Bav 06:37:00
Station #2 Medical Assist 13 Charlotte Ave,
April 10,2005 Hawkestone 10: 06: 00 Call
Station #2 Burning Complaint, Lakewood Area
Aori110,2oo5 Hawkestone 10:54: 00 Nothina Found
Station #2 Grass Fire 160 Line 9 South I
April 10, 2005 Hawkestone 20:43: 00
Station #5 Mutual Aid - Severn, Severn Township
April 11, 2005 Warminster 08: 39: 17 Saw Mill Fire
Station #4 Smell of Smoke, 4 Montgreenen Drive
April 11,2005 Ruaby 13:53: 00 Nothina Found I
Station #1 Buming Complaint 15 Howard Drive I
Aoril 11, 2005 Shanty Bay 14:23: 11
Station #5 Hydro Wires Down Horseshoe Valley Road I
Aori111,2005 Warminster 15:00: 00 And Line 11 North i
Station #2 Unknown Fire, 135 Line 10 South, I
April 12, 2005 Hawkestone 14:42:00 Controlled Burn Treehaven Golf Course
Station #5 Burning 15 Conder Drive I
Aori112,2005 Warminster 16: 15:00 Comolaint
Station #2 Burning Complaint 9 Booth Street
Aoril12,2005 Hawkestone 17:20: 00
Station #2 Burning Complaint 15 and 17 Rosemarie
April 13,2005 Hawkestone 15:58: 00 Drive
Station #6 Grass Fire 1066 Mt. St. Louis
April 15,2005 Moonstone 13:08:49 Road
Station #3 Burning Complaint 120 Highlands Drive
Aoril15, 2005 Horseshoe 19:30: 00
Station #2 Burning Complaint 471 Lakeshore Road
Aori115,2005 Hawkestone 15:36:00 East
Station #1 Burning Complaint, Shellswell Blvd, and
April 16,2005 Shanty Bav 18: 54: 54 Nothina Found Evelyn
F .0. Report 2005 -11
DATE
STATION
TIME
TYPE
LOCATION
DAMAGE
Station #3 Burning Complaint 8 Hemlock Cres. I
Aoril16, 2005 Horseshoe 10:30:00
Station #2 Burning Complaint 22 Grandview Cres,
Aoril16,2005 Hawkestone 18:48: 00
Station #4 Grass Fire Bass Lake, Across
April 16, 2005 Ruabv 21:23: 00 From Bia Cedar
Station #3 Burning Complaint Une 9 North and
April 16,2005 Horseshoe 21:49:00 HSVR I
Station #2 Burning Complaint 8 Myrtle I
Aori117,2005 Hawkestone 00:49: 00
Station #4 Medical Assist 2591 Bass Lake !
Aoril17,2005 Ruoby 09: 15: 00 Call S.R. East i
Station #2 Grass Fire 552 Une 10 South I
Anri117,2005 Hawkestone 12:46:00
Station #2 Burning Complaint 465 Une 8 North I
April 17, 2005 Hawkestone 20:20: 00
Station #2 Burning Complaint 20 Owen Street I
April 18, 2005 Hawkestone 16:04:00
Station #5 Medical Assist 1757 Warminster I
Aoril 18, 2005 Warminster 06:30: 00 Call S.R.
Station #3 Burning Complaint 1951 Highway 93 i
Anril19, 2005 Horseshoe 17:03:00
Station #5 Multi Motor Ml. Sl. Louis Road
April 19, 2005 Warminster 18:39: 50 Vehicle Accident And Une 9 North
Station #5 Medical Assist 31 Stage Coach Lane I
Aoril 21, 2005 Warminster 16:45: 15 Call
Station t#3 Burning Complaint 250 Moonstone Road I
April 21, 2005 Moonstone 17: 15: 00 East I
Station #5 Medical Assist 1541 Warminster I
Aoril 22, 2005 Warminster 21:57:48 Call S,R.
Station #2 Shed Fire 351 Une 11 South $1,000,00 L I
Anril 23, 2005 Hawkestone 23:42: 00 .00 S I
Station #3 Mutual Aid for, Peter Street South !
April26,2005 Horseshoe 22:07:00 City of Orillia I
Station #1 Grass Fire Beside 84 Ridge Road West FIRE OUT,
April 29, 2005 Shanty Bay 23: 16: 00 Barn, Kids Started OPP HERE
Station #2 Burning Complaint Highway 11, at Heidi's
Aoril 30, 2005 Hawkestone 00: 15:00 Camoaround
Station #5 Small Burn Ball Diamond FIRE OUT
April 30, 2005 Warminster 23:00: 00
Structure and Vehicle Fire
Dollar Value Lost
Dollar Value Saved
$ 1,000.00
$
Medical Calls
.00
2005
7
2004
16
Monthlv Fire ReDort for ADril. 2005
Trainina Sessions
Station #1
Station #2
Station #5
Shanty Bay
Hawkestone
Warminster
2
2
2
Station #3
Station #4
Station #6
Horseshoe
Rugby
Moonstone
2
2
2
InsDection Record for the Month (includina Fire Prevention / Public Education}
Commercial
1
Residential! Bed & Breakfast
3
Industrial/ Mercantile
5
Schools / Assembly! Church
4
Woodstove
1
Daycare ! Camps! Hall Tours
Comments or Recommendations bv Fire Chief and/or DeDutv Fire Chief
Extra trainina / Seminars and Events Attended
Chiefs Meeting
Firefighters Association Meeting
Fire Prevention! Public Education Meeting
Meeting with the Fire Marshals Office - Peter Jobe -Tour of Some Properties
Trainer Facilitators Meeting
Fire Extinguisher Training
Respectfully submitted,
Lynn Burness
Secretary, Fire and Emergency Services
C.A.O. Comments:
Date:
;
Dept.
Head
A
!
v"
C.A.O
-I
TOWNSHIP OF ORO-MEDONTE
REPORT
Dept. Report No. To: Prepared By:
TR 2005.11 Committee of the Whole Bonnie McPhee
Subject: Department:
Council Treasury
Statement of Accounts
C.ofW. Date:
May June 01, 2005
Motion # R.M. File #:
Date: RolI#:
Following is the statement of accounts for the month of May.
Batch No.
Cheaue Re!:listers:
AC00326
AC00327
AQ00288
AC00328
AC00329
AC00330
AQ00289
Payroll:
PR00078
PR00080
Credit Card Reaisters:
AE00011
AE00012
Date
Amount
May 04, 2005
May 11, 2005
May 11, 2005
May 18, 2005
May 20, 2005
May 25, 2005
May 26, 2005
$ 170,775.41
62,526,72
35,000.00
157,863,88
100,940.35
81,080,36
491,55
$ 608,678,27
May 14, 2005
May 28, 2005
75,144.46
77,604,63
152,749,09
May 10, 2005
May 10, 2005
741,01
4,047,92
4,788,93
Total
$ 766,216.29
n-;
t/
II RECOMMENDATION(S):
II
1. THAT Report No, TR 2005 - 11 is received,
2. The accounts for the month of May 2005 totaling $ 766,216.29 are received.
Respectfully submitted,
~ ..-m~~
Bonnie McPhee
Accounting Clerk
C.A.O. Comments:
Date:
C.A.O.
Dept. Head
- 2-
-\
Dept. Report No. To: Committee of the Whole Prepared By:
ADM 2005-025 Marilyn Pennycook,
Clerk
Subject: Department: Administration
Council
Request for Closure and Sale
C.ofW. of Unopened Road Allowance Date: June 15, 2005
Portion of Line 14 North from
Motion# Cook Lane to Bass Lake (Fox) R.M. File #: L07-014687
Date: RolI#:
Jim Fox
4346-010-005-39800-0000
TOWNSHIP OF ORO-MEDONTE
REPORT
II BACKGROUND:
~
On April 19, 2005, correspondence was received from Mr. Jim Fox, inquiring if the Township would
consider permanently closing and transferring the unopened road allowance portion of Line 14 North
from Cook Lane to Bass Lake and transfer the lands to himself (4 Cook Lane) [Attachment #1]. A
map of the subject land is attached [Attachment #2].
I ANALYSIS
I
The request has been circulated to Department Heads for comments:
De artment Head
Director of Building and By-Law Enforcement
Comments
Retain (for possible future access to Bass Lake,
draina e
Retain for future lake access, future recreational
and ossible emer enc access
Retain (for possible recreational access)
Director of Planning
Manager of Recreation and Community
Develo ment
Director of Engineering and Environmental
Services
Public Works Su erintendent
Dispose (upon confirmation with respect to
arba e bin location.
Retain ossible draina e, access to Bass Lake
(. ~
It has been the Township's policy in the past to retain unopened road allowances which access water
in order to facilitate drainage and provide future public and emergency access to the lake.
It is therefore recommended that the Township of Oro-Medonte retain the unopened road allowance
portion of Line 14 North from Cook Lane to Bass Lake,
I RECOMMENDATION
I
1. That Report ADM 2005-025 be received and adopted,
2, That the original unopened road allowance portion of Line 14 North from Cook Lane to Bass
Lake, be retained by the Township.
3. And Further That the applicant be advised of Council's decision,
Respectfully submitted,
__!J \\ 4
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,/~.Q~eM(
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, '
Marily~.pennycoo'R
Clerk
C.A.O. Comments:
Date: J ~ 0 Xl 0 ,r/
.U f\-.JVJ,j
.
C.A.O.
v
Dept. Head
- 2 -
Page 2 of2
Attachment #1 to
Report No. ADM 2005-025
Greetings,
My wife and I own a house and property on Bass Lake -~ 4 Cook Lane (Plan 794, Lot 1 and lot 2) ~ abutting line 14 North.
Line 14 dead ends at Cook Lane beside OUf driveway and there appears to be a 66-foot right-af-way to the lake. This right~of~way is actually a steep
wooded hill down to the lake from our driveway.
I don't think there would ever be any way it could be used by vehicles or for development and it is too steep for people to use it as an access to the
lake.
I was wondering if the township would consider selling off this unused land to us?
Cheers,
G. James Fox
'-
Attachment #2
to Report No. ADM 2005-025
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Dept. Report No. To: Prepared By:
PR2005-04 Committee of the Whole Chris Carter
Subject: Department:
Council Craighurst Community Hall Parks and Recreation
Board Request re:
C.ofW. reallocation of 2005 Capital Date:
Funds. June 15,2005
Motion # R.M. File #:
Date: RolI#:
TOWNSHIP OF ORO-MEDONTE
REPORT
II BACKGROUND:
I
During the 2005 Budget deliberations Council approved a 50/50 funding Capital project with
Craighurst Community Hall Board for the purpose of replacing 3 windows in the amount of $3,000.00.
II ANALYSIS:
II
As of June 18th, 2005 the dedication of funds for the new windows have not been expensed and the
Hall Board members are requesting the funds be re-allocated towards repairing the "stucco" and
"wooden frame" along the North side of the building. Staff conducted a site visit with Cryer
Construction and it was determined the North wall is in need of immediate repair. The cost to repair
the wall is in the amount of $1 ,745,00 plus GST (attachment #1).
Since the repairs are considered to be "structural" the Hall Board Members have requested that the
Townships portion of $1 ,500.00 dollars for the replacement of the three windows be allocated to the
repairs to the North wall. The existing policy with respect to municipally owned community hall
properties is that the Township is responsible for all repairs that are deemed a health and safety
issue "structural", and that the hall boards are responsible for the operating cost
It is recommended to Council that Council authorize the redistribution of the funds to renovate the
North side of the building and that Council authorize the over-expenditure of $370.00 for the project
It should be noted that the status of the community hall's account is in good standing "surplus" and
that a new Hall Board was formed in November of 2004 and are presently determining their five year
capital initiatives which would include consideration for the replacement of the windows during future
budget deliberations,
II RECOMMENDATION(S):
II
1 , THAT Report No, PR2005-04 be received and adopted,
2. THAT Council authorize the relocation of the dedicated funds for the replacement of the three
windows to the repairs to the North side of the Craighurst Community Hall in the amount of
$1,745,00 plus GST, municipally funded at 100 percent.
3. THAT Council authorize the over expenditure of $ 370,00 for the project.
4, AND THAT the Craighurst Community Hall Board be notified accordingly of Council decision,
Respectfully submitted,
//~
Chris Carter
Manager of Recreation and Community Services
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C.A.O. Comments:
Date:
C.A,O.
\/
Dept. Head
- 2 -
,
Page No,
0'
P3gt'O
", ~ JOHN CRYER CONSTRUCTION LTD.
Jt. . General Contracting .' Plastering. Stucco
R.R. #1
-=-.: SHANTY BAY, ONTARIO LOL 2LO
(705) 722-3475 Fax (705) 727-0433
GST #R122282ZS4
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We lleraby submit sp~dric.ations and esllm~lt€~ for:
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We Propose hereby to furnish matenal and labour. complete in aocordance with above specificatioils. for the sum of:
payrnent 10 be made as toIlQ~s:
dollar$. ($.
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AI! m;;h,ri<<, is guaranJccrj 10 t>e as specified. _All w':;.;k to be {';(}n;f'lr~t<:d if) i:l
WQrkmiirdike manner acc!JfdinjJ It) ~tun!jard prSClice<:: ""II)' ,ilter(i,ion or
deViation tmu, <lbov8 :;peCifiw,{lons involving i1lCtrs C(lS?$ will ~ ~xecl1le.::j unly IJiJ(,m
writterl QrdHs. ana will i)0com€ sn extra cr,.,rgE- (rIel" ;;;rcj ai),)v<.: Ins
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Date of Acceptance:
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TOWNSHIP OF ORO-MEDONTE
REPORT
Dept. Report No. To: Prepared By:
ADM2005-026 Committee of the Whole Jennifer Zieleniewski
Subject: Department:
Council Administration
John Markov,
C.ofW, Concession 8, Pt Lots 26 Date: June 15,2005
& 27, Plan 606, Lots 201-
Motion 203, Lots 229-231 - 16 R.M. File #:
# Barbara Avenue (Oro)
Date: RolI#:
010-009-479-04
II BACKGROUND:
II
The purpose of this report is to respond to a deputation received at the Committee of the Whole
on May 11, 2005 by Mr. John Markov and a written submission dated May 2, 2005, which is
appended to this report as Attachment #1.
~ HISTORY:
~
The subject land is located within an older plan of subdivision in the 7'h Line South/Lakeshore
Drive area of the Township, More specifically, the proponent's landholding is located on the
north terminus of Barbara Avenue, beyond the unopened Lakeview Avenue road allowance.
Plan 606 was originally registered in 1913, Although the specific reasons for the original lot
creation/patterns are not known, in many areas of the Province many older subdivision plans
are never realized due in part to insufficient lot sizes to support today's individual septic system
standards, In accordance with authority under the Planning Act, municipalities have the power
to "unregister" subdivision plans, which would confer no property development rights on
remaining vacant lands located therein. Any lots remaining in the same ownership would then
merge in tille. Plan 606 was deregistered in 1990. A proposed road within this unregistered
plan known as Lakeview Avenue, ownership of which was conveyed to the Township as part of
the original subdivision, was stopped up and closed,
Due to the intent at the time of the Township to divest ownership of this road allowance, the
proponent was able to receive a building permit. Correspondence from the proponent dated
November 29, 2001, appended to this report as Attachment #2, clearly indicates the intent of
Mr. Markov to purchase the northerly portion of Lakeview Avenue property at their expense, On
this basis, correspondence from the Township dated November 30, 2001 (Attachment #3)
provided permission for an entrance to 16 Barbara Avenue. Despite this correspondence and
discussions with Township staff, the purchase of Part 1 of the closed Lakeview Avenue was
never finalized by the proponent. The dwelling was subsequently completed and due to the fact
that the property has no frontage on an opened, year round maintained road allowance, no
"legal" access to the proponent's property exists today. Contrary to Mr. Markov's verbal
comments, and his suggestion that the Township has inferred that illegal activity is taking place,
it is clarified that "legal access" as stated in Report ADM 2005-002 (Attachment #4) referred to
a legally registered easement agreement which would rectify the situation.
On June 14, 2004, Report ADM 2004-032 (Attachment #5) was adopted by Council which dealt
with the need for an assessment of drainage management in this area. The report also
indicated that none of the unopened road allowances should be conveyed/sold until such time
as an assessment of the drainage issues and possible solutions was conducted,
On January 12, 2005, Report ADM 2005-002 (Attachment #4) was adopted by Council
regarding a request for an easement over Lakeview Avenue by a prospective landowner. At
that time the decision of Council was that no additional easements be granted over Lakeview
Avenue, Sunnyside Avenue, Symond Avenue etc, without the roads being brought up to
municipal standard in accordance with Township policy. Due to the impacts of this decision on
the legal access to the proponent's lands, and previous commitments for access made to the
proponent, report ADM 2005-002 specifically recommended the following for the lands owned
by Mr. Markov:
1. That Mr. Markov be required to obtain an easement over Lakeview Avenue to permit
legal access to his residence located on Lots 201 to 203 and 299 to 231, Plan 606 (16
Barbara Avenue): all costs of this easement to be borne by Mr. Markov: and
2. That Mr. Markov be advised of the Township policy and that no future easements will be
permitted over Lakeview Avenue for the balance of his property abutting the north side
of Lakeview Avenue.
II ANALYSIS:
II
The former Township of Oro adopted an Official Plan Amendment (OPA # 41) that was
approved by the Ministry of Municipal Affairs in December 1991. This amendment added
policies to the Township of Oro regarding development on unopened, unassumed, and private
roads, The intent of these policies were carried forward into the Township of Oro-Medonte
Official Plan that was approved in February 1997, The current Official Plan states that it is the
policy of the Township to "restrict new development on private roads or individual rights-of-
way." On this basis, Section H 1.4.2 of the Official Plan states that new dwellings are not
permitted on existing private roads or individual right-of-ways, unless the road is brought up to
municipal standards and assumed, Council has re-iterated this intention through the adoption
of Official Plan Amendment #17 that it is not the Township's policy to permit easements over
publiC municipal road allowances to provide access to parcels that do not front on an opened
and maintained public road. Section H1.4.2 of the current Official Plan requiring that a road be
brought up to municipal standards and assumed before new dwellings are permitted has been
applied to other requests for building permits on unopened road allowances throughout the
Township. This policy has been further enhanced by the placement of Holding provisions on
parcels of land that do not front on assumed public highways/roads, however no such provision
had previously been placed on Plan 606 land north of Lakeview Avenue.
- 2 -
loe-3
Due to the fact that the purchase of Part 1 of the closed road allowance (Lakeview Avenue) was
never realized, and given that Council on June 14, 2004 required the unopened road allowance
be retained by the Township, the road allowance cannot be conveyed to Mr. Markov at this
time. However, Council's direction on January 12, 2005 identified an option available to rectify
this access matter by obtaining an easement. Mr. Markov was made aware of this option by
letter dated February 15, 2005 (Attachment #6). Staff acknowledge that while changes in
Council direction over this period have occurred, staff have kept Mr. Markov abreast of these
changes and possible solutions. Staff will continue to work towards a viable solution to provide
the legal access desired by the proponent.
On the basis of the above, it is recommended that staff work with the proponent in conjunction
with the Township solicitor to draft an appropriate easement agreement for access to 16
Barbara Avenue, and that the costs for same be borne by the proponent.
II RECOMMENDATIONS:
~
It is recommended to Council:
1. THAT Report ADM 2005-026 be received and adopted; and
2. THAT staff work with the proponent in consultation with the Township solicitor in drafting
an appropriate easement agreement to provide for legal vehicular access to the
proponent's dwelling;
3. THAT all costs relating to same be borne by the proponent: and,
4, THAT the Clerk bring forward the appropriate By-law authorizing execution of the
agreement.
Respectfully submitted,
o ~"
~r A. "U7.
~ . .' .
/1
Jennifer Ziele(ry1ewski, CAO.
C.A.O. Comments:
Date:
C.A.O.
Dept. Head
- 3 -
i/(!C,j!L
c/ :Ii,
IRECrwtD
May 2"", 2005
~
\ \
0\-\
MAY 0 , 2005
ORO-MEDONTE
TOWNSHIP
John & Lisa Markov
16 Barbara A venue,
Comp. 803, RRl
Oro Station, ON
LOL 2EO
Tel: 705-487-0 I 0 I
Alf1Gt\M~'f *1
ATTN:
Marilyn Pennycook
Mayor and Members of Council,
Re: Deputation - Easement over Lakeview Avenue
Please consider this request to be put on the Council agenda for the next township council
meeting, May 1 I th 2005, as a deputation with respect to the following details and attachments,
In late February 2005 we received a letter from the Township ofOro-Medonte dated
February 15,2005 (attachment #1), This letter indicated that we are now required to obtain an
easement over Lakeview A venue to penn it legal access to our residence and that we are to bear
all the costs. As well, the letter indicated that we will not be able to purchase the north half of
Lakeview A venue that adjoins our property or any of the road allowances on our property, I
spoke to Andrea Leigh about these issues a couple of days after receiving the letter and she
indicated that] should speak to Jennifer Zieleniewski about these matters and then request a
deputation before Township Council to discuss some concerns and issues. I have not been able to
successfully schedule a meeting with Jennifer and don't want to delay this matter any longer.
There is some history I must explain regarding these recommendations,
. In June of2001, my wife and I purchased a 50 acre parcel ofland north of Lakeshore
Road between the 7'h and 8'h concession, It is an old unregistered plan of subdivision
(606) with road allowances throughout.
. On April] 7'h 200 I I had a meeting with Andrea Leigh and Jerry Ball, before we
purchased the land we now own at the end of Barbara A venue, Jerry Ball stated that
there would be no problem building a laneway off the end of Barbara A venue to access
our property so that we could build a single family dwellin, Andrea stated that the
Township would probably sell us the entire portion of the road allowance between the
property and the end of Barbara A venue (north and south portion of Lakeview where the
laneway crosses it),
. On July 17th 200 I ] had a meeting with Andrea Leigh, Jerry Ball and Keith Matheson, I
asked what would be required to cross the road allowance. At that time] was told by
Jerry Ball that I would have to send a letter requesting permission to cross the road
allowance until such time as it is conveyed to us which] did (attachment #2),
. On July ]9'h 200] in a conversation with Andrea Leigh I asked if we would require any
special permit to cross the road allowance and was told no,
. On July] 9th 200], before we received our building pennit, I had a conversation with
Marylin Pennycook and she informed me that there was a by-law to close and convey all
of Lakeview (Ref plan 5]R20265). The road was stopped up and closed but we would
not be able to purchase it straight away because we had deeded the lots we had purchased
on 3 separate deeds and the surveys would have to be revised,
. We were granted" building penn it in October of2001 and commenced construction of
our home,
. On November 20, 2001 we received a letter from Jerry Ball indicating that there were no
issues with us crossing Lakeview to aecess our home (attaehment #3),
. We built our home and received our occupancy permit in June of2002.
Through this entire process we have followed every directive from the township with respect to
the construction of our home. I have followed up a number of times on the issue of purchasing
not only the north portions of Lakeview that adjoin our property but all ofthe road allowances on
the property. 1 never received any official correspondence in writing from the Township on these
issues.
In a conversation with the acting planner in the winter of 2004, while Andrea Leigh was on
maternity leave, I was told that the road allowances didn't theoretically exist as the unregistered
plan had been around for so long and had surpassed a reasonable amount of time with no
realization of the development detailed on the plan. I was told we would eventually get all the
road allowances back because of this. At this point I didn't pursue the road allowance issue any
further. Andrea Leigh and Marilyn Pennycook have both recently indicated to me that this
information from the then acting planner was misleading and incorrect,
The letter from February 15 2005 causes me some concern because it appears that there has been
a change in policy over the issue of crossing Lakeview and now I am expected to pay for an
easement. This is a policy change that affects legal access to the property that I am currently
living on and paying taxes on, I was never notified tJJat these new policies were being considered
and now I am left without legal access to my property, Since receiving the letter from Jerry Ball
on November 20'", 2001 I have received no correspondence from the Township ofOro-Medonte
regarding Lakeview or an easement requirement ifl did not purchase the land by a certain date.
While I have had discussions over the telephone and at the township office with the Clerk and
ditferent planners over the last 2 years, the direction of these individuals has been conflicting at
times.
From my perspective, if the opportunity to purchase the adjoining portion of Lake view required
to legally access my property was coming to an end I should have been notified and given the
opportunity to purchase it. Since this option was not offered to me and the Township has
rendered me without legal access to my property, the Township should be liable to pay any
charges required to implement an easement to allow me legal access to my property,
I would be happy to present this information to the township council as a deputation and answer
any questions regarding these issues,
~~
~ -~
November 29, 2001
AiffCt\Nt=HT .2..
Attention: Jerry Ball, Superintendent of Roads, Township of Oro-Medonte
Re: Building Permit 516/01
Hi Jerry,
We are building a home at 16 Barbara Avenue, Oro Station under Building Permit
516/01. We have been approved for a construction mortgage with TD Canada Trust and
are close to getting our first draw at the completion of our main floor slab. Our bank has
asked for a letter from the Township indicating the Township consents to us putting in a
private driveway across the closed Lakeview from the extension of Barabara Avenue to
our property until such time as it is conveyed to us at our expense, 1 spoke to Andrea
Leigh this moming and she indicated that you would be the appropriate person to provide
such a letter. We spoke about this in the summer and 1 know you have no issue with this.
Your attention to this would be greatly appreciated as this has just come up and our bank
will not forward us any funds until we provide this to them. If you could draft a letter I'd
be happy to come by and pick it up at you earliest convenience,
Thanks for your help,
.I: j "" G1~
r'fC LV L--
l&im Markov.
6 Seneca Lane
RR#4
Coldwater, ON LOK \EO
Tel 705-835-0164
Email johnmarkov@sympatico.ca
November 30, 2001
IHE CORPORATION at IHt
iT! - IlIIll --fli - Ii
TOWN&IiIP
-&mOf::;fb~
AT"f~~T .3
'1 U'
148 Line 7 S., Box 100
Oro. Ontario LOL ZXO
Phone (70S) 487-2'171
fax (7051487,0133
www.township.om-medonte.on.c.a
John Markou
6 Seneca lane
RR4
Coldwater On
LOKIEO
Re: Construction on 16 Barbara Avenue
Dear Mr. Markou:
In regards to the construction of your new home located at 16 Barbara A venue, I wish to
advise you that I have no concerns with you constructing a private driveway, This
driveway would be extension of Barbara A venue and cross over the Right Of Way of
Lakeview. This will give you access to your new home.
Trusting this infonnation is satisfactory.
Sincerely,
~6~
Jerry Ball, C.R.S.S.
Public Works Superintendent
JB/th
Dept. Report No. To: Prepared By:
ADM2005-002 Committee of the Whole Marilyn pennycook
Subject: Department:
Council Administration
Request for Easement
C.ofW. ,/ (Richardson) Date: January 12, 2005
Lots 26 and 27, Concession 8,
Motion # C-W * IZ Plan 606, Lots 280 to 289 and R.M. File #: 015-014160
310 to 319 (Oro)
~ /;2 (oS
Date: Roll #:
010-009-479-06
Af1AQt\4~T #t
TOWNSHIP OF ORO-MEDONTE
REPORT
loe~
~ BACKGROUND:
I
A request for a grant of an easement over an unopened portion of Lakeview Avenue and Sunnyside Avenue to
provide access to Lots 280 to 289 and 310 to 319, Plan 606 was received by Council on October 27,2004 and
referred to staff for a report (Attachment #1). Mr. and Mrs. Richardson, the applicants, are not the current
owners of the property that is the subject of their request. (Attachment #2)
In considering this request, staff reviewed the status of all the lots within Plan 606 which abut Lakeview
Avenue on the north side (Attachment #3). A brief history of these lands is provided for clarification.
. In 1990, the former Township of Oro stopped up and closed Parts 1 to 15 of Lakeview Avenue. Part 7,
to the east of Barbara Avenue was sold in 2000. All of the other parts continue to be owned by the
Township,
. In June of 2000, the lands within Plan 606 abutting Lakeview Avenue on the north side were purchased
by John Markov. Mr. Markov has since sold portions of this property to two new owners (McKaylYoung
and Heatherington). Mr. Markov has constructed and resides in a single detached dwelling on Lots
201 to 203 and 229 to 231, Plan 606.
No easement has been granted to date to allow Mr. Markov access to his property (16 Barbara Avenue
_ Lots 194 to 203 and 229 to 238 Plan 606) over Lakeview Avenue, An entrance permit and building
permit were issued in 2001.
e-
. In July of 2002, the Committee of Adjustment approved an easement over Symond Avenue to Barbara
Young and Kris McKay to permit access to Lots 73,74,75,77 and 78 (west side of Symond) and Lots
70 to 72 (east side of Symond), Plan 798,
The easement granted to Barbara Young and Kris McKay to permit access to Lots 73, 74, 75, 77 and
78 (west side of Symon d) and Lots 70 to 72 (east side of Symond), Plan 798 was granted by the
Committee of Adjustment on interpretation that the Official Plan gave the Committee the authority to
grant new rights-of-way for access to existing land locked parcels. The intent of the policy was that the
Committee had this authority over private lands - not over public lands.
More than a year has passed since the conditions of consent were imposed by the Committee of
Adjustment. No easement has been registered over Symond Avenue, therefore the consent has
lapsed. The Committee of Adjustment decision did not approve an easement for McKay/Young over
Lakeview Avenue to access Lots 327 to 329 and 351 to 353, Plan 606.
. In July of 2004 Council denied a request to purchase a portion of Lakeview Avenue and resolved that
the closed road allowances known as Lakeview Avenue/Symond Avenue, as well as the
unopened road allowances on Plan 606 known as Cedar Walk, Jory Avenue, Hambly Avenue,
Palling Avenue, Sunnyside Avenue, and Indian Trail be retained until such time as an
assessment is made of drainage management needs in the area.
. In August of 2004 Council granted an easement over the unopened portions of Lakeview Avenue and
Cedar Walk to the owners of Lots 98 to 107 and 137 to 146, Plan 606 to allow ingress and egress to
and from their property (Heatherington).
The easement to Heatherington (owners of Lots 98 to 107 and 137 to 146, Plan 606) was granted by
Council on the premise that a precedent had been set in the Committee of Adjustment's decision to
allow the McKay/Young easement. As noted in the CAO's comments on the report to Council, the
easement provision was granted "until such time as the Official Plan is amended". The Official Plan
has since been amended (OPA#17) by resolution of Council to accurately reflect the intent that the
policy applies apply to private lands only. This OPA has been approved by the County; however, it is
now under appeal.
This easement has not been transferred to the Heatheringtons as yet. It is recommended that the
Heatheringtons be advised of the process required to complete the easement (survey, transfer
documents, etc,) and that they be further advised that no building occupancy will be issued by the
Township until such time as the easement has been registered, including the required waiver
documents.
I ANALYSIS:
I
Given Council's recent decision to retain the ownership of the closed portions of Lakeview Avenue and the
remaining unopened road allowances in Plan 606 pending the assessment of drainage management needs,
the sale and transfer of the closed portions of Lakeview Avenue to permit access to the subject lands is not an
option.
The Official Plan currently states that it is the policy of the Township to "restrict new development on private
roads or individual rights-of-way'. On this basis, Section H1.4,2 of the Official Plan states that new dwellings
are not permitted on existing private roads or individual rights-of-way, unless the road is brought up to
municipal standards and assumed,
Council has made its intention clear in the adoption of Official Plan Amendment #17 that it is not the
Township's policy to permit easements over public municipal road allowances to provide access to parcels that
do not front on an opened and maintained public road. Section H1.4.2 of the Official Plan requiring that a
road be brought up to municipal standards and assumed before new dwellings are permitted has been applied
to other requests for building permits on unopened road allowance throughout the Township. This policy has
been further enhanced by the placement of holding provisions on parcelS of land that do not front on assumed
public highways/roads,
It is therefore recommended that no easement be granted over Lakeview Avenue and Sunnyside Avenue to
permit access to Lots 280 to 289 and 310 to 319, Plan 606 (Richardson).
It is recomm9nded that John Markov, Barbara Young and Kris McKay be advised of the Township policy.
It is further r3commended that Mr. John Markov be required to obtain an easement over Lakeview Avenue to
permit legal access to his residence located on Lots 201 to 203 and 229 to 231, Plan 606 (16 Barbara
Avenue): all costs of this easement to be borne by Mr, Markov.
(I RECOMMENDATIONS:
I
It is recommended to Council:
1. That Report ADM2004.063 be received and adopted;
2. That the owners of Lots 98 to 107 and 137 to 146, Plan 606 (Heatherington) be advised of the process
required to complete the transfer of an easement (survey, transfer documents, etc.) and that they be
further advised that no building occupancy will be issued by the Township until such time as the easement
has been registered.
3. That Barbara Young and Kris McKay be advised that the consent has lapsed and that no future easement
will be granted by Council over Symond Avenue to permit access to Lots 73, 74, 75, 77 and 78 (west side
of Symond) and Lots 70 to 72 (east side of Symond), Plan 798; and further that no future easement will be
permitted over Lakeview Avenue to permit access to Lots 320 to 329 and Lots 351 to 360, Plan 606.
4. That John Markov be required to obtain an easement over Lakeview Avenue to permit legal access to his
residence located on Lots 201 to 203 and 229 to 231, Plan 606 (16 Barbara Avenue); all costs of this
easement to be borne by Mr, Markov.
5. That John Markov be advised of the Township policy and that no future easements will be permitted over
Lakeview Avenue for the balance of his property abutting the north side of Lakeview Avenue,
6. That John and Melissa Richardson be advised accordingly.
Respectfull ubmitted," /; ;
~"~. ~
Marily Pennycook
Cler
C.A.O. Comments:
Date:
C.A.O.
t:-:uR. CJ.J.r-
J
De t. Head
, f
,4-(-j 4 C+l/1) e0 -r -tL I
12 October 2004
-\I
John & Melissa Richardson
604, 5th Line N.,
RR#l
Oro Station, ON
LOL 2EO
RECEIVED
A TI"N: Marilyn pennycook
Clerk
Oro-Medonte Township Council
OCT 1 8 1004
ORO-MEDONTE
TOWNSHIP
Mayor and Members of Council,
We are seriously considering purchasing a piece of property located on SW1Ilyside
Avenue off Lakeshore Road. ]n order to access this piece of property we respectfully
request that council grant us an easement to tills property. The legal description of the
property reads as:
CON 8 PT Lots 26 & 27
UN REG PLAN 606 Lots 280 to 289 & 3 I 0 to 3 I 9
We would like to build a single dwelling home in approximately three years on this
location if granted the easement.
Thank you for your consideration in tills matter.
Sincerely Yours,
~j~~~
John & Melissa Richardson
I
Request for Easement
Richardson
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TOWNSHIP OF ORO-MEDONTE
REPORT
Dept. Report No.
PR200S-0S
To:
Committee of the Whole
Prepared By:
Chris Carter
Subject:
Request for Exemption-
Hawkestone Community Hall
Canada Day Parade
Department:
Parks and Recreation
Date:
June 1S, 200S
R.M. File #:
RolI#:
II BACKGROUND:
~
By-law No. 99-41 regulates the holding of parades or processions/events in the municipality. Section
8 of the above mentioned by. law permits that in a situation where a parade or procession/event will
lasHor less than 24 hours, Council may dispense with any or all of the requirements of the by. law
(Attachment #1).
The Hawkestone Community Hall, is planning to hold a Canada Day Celebration Parade on Friday
July 1 st, 2005 at 1 :OOpm
II ANALYSIS:
~
Mr. Bob Gregory (Parade Marshall and Hall Board Member), has supplied information regarding the
event, and has indicated that volunteer security will be present at each intersection. The police and
fire department have been notified of this event (attachment #2).
The parade route will commence at the Hawkestone Pier at 1 :OOp.m. and traveling up Line 11 S.
turning right on John St, then right on Allen and then conclude at Matilda St. The parade will last
approximately 45min.
II RECOMMENDATION(S):
~
1. THAT Report No. PR2005.05 be received and adopted.
2. AND THAT an exemption to By-law 99-41 be granted to the Hawkestone Community Hall to hold
a Canada Day Parade on Friday July 15\ 2005 commencing at 1 :OOp.m.
Respectfully submitted,
/y~
Chris Carter
Manager of Recreation and Community Services
C,A.O. Comments:
'-.;\
Date: /leA~&
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C.A.O.
Dept. Head
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THE <:ORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAWNO,99-41
.
A By-law to regulate tbe holding of parades or processions/events within tbe Township of
Oro-Medonte
WHEREA'S Section 239 ofThe Municipal Act, R,S.O. 1990, Chapter MAS, as amended,
authori~ Townships to regulate parades or processions/events on highways.
AND WHEREAS the Council ofThe Corporation of the Township ofOro-Medonte deems it
expedient to regulate the holding of parades or processions/events within the Township of Oro~
Medonte.
NOW THEREFORE BE IT ENACTED:
1. Before any person, persons, corporations, organit'.'itions or associations may hold or
conduct a parade or procession/event on a municipal highway within the limits of the
Township of Oro-Medonte, they shall obtain a permit therefor and comply with the
provisions of this By~law.
2. No permit shall be granted under this By-law unless and until a letter of continuation
from the Police Services in effect at the time of application is provided to the Township
ofOro-Medonte to ensure that adequate police protection is available during the period of
the parade or procession/event or any or all of them, during which such police protection
shall in the opinion of the Police Services be necessary. All costs associated with the
required police protection shall be the responsibility of the applicant.
3. No pennit shall be granted under this By-law unless and until the applicant has provided
to the Township of Oro-Medonte proof of insurance indemnifying the Township against
damage to public and private property as well as indemnification for general property
damage to public and private property as well as indemnification for general property
damage and puhlic liahility.
4. No permit shall be granted under this By-law and unless the applicant has deposited, at
the discretion of the Township Clerk, a certificate in writing from the Medical Officer of
Health of the local Health Unit that all health and sanitation requirements for the parade
or procession/event have been provided.
5. No pennit shall be granted under this By-law unless the applicant has deposited with the
Township Clerk an approved outline of the routes of travel for the parade or
procession/event
6. No permit shall be granted under this By-law until the applicant has deposited with the
Parks and Recreation Facility Manager, a damage deposit in the amount in effect at the
time -of application for the applicable municipal building to repair minor damages,
cleaning of buildings and grounds after such parade or procession/event has terminated,
.
7.
All other costs incurred so that municipal property shall be restored to its previous state
without cost to the Corporation for the administration of such public property shall be the
responsibility of the applicant.
,t ,;},.
,;: . ...-
.
.
9.
10.
11.
~1IHt# /-b
,2-
In the case of any parade or procession/event which would last for a lesser period than 24
hours, the Council may in its discretion dispense with any or all ofthe requirements of
this By-law.
Every rson, p-ersons, corporation, organization or association who contravenes any
provision of this By-law is guilty of an offence and shall be liable to a fine in the amount
to be determined pursuant to the Provincial Offences Act, R.S.O. 1990, Chapter P.33, and
every such fine is recoverable under the Provincial Offences Act.
If any court of competent jurisdiction finds that any of the provisions of this By-law are
ultra vires the jurisdiction of Councilor are invalid for any reason, such provision shall
be deemed to be severable and shall not invalidate any other provisions of the By-law
which shall remain in fun force and effect
This By-law shall come into full force and effect on the date of its final passing.
By-law read a first and second time tbis 21st day of April, 1999.
By-law read a tbird time and finally passed tbis 21st day of April, 1999.
THE CORPORA nON OF THE TOWNSHIP OF ORO-MEDONTE
" [I-
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'-or! ~ -,"'''~ ,.",
Mayor, lan Beard
/~/. 4.. L
Clerkl Lynda Aiken
AU/kESTONE ANd AREA COMMUNiTy AssociATioN
AR#3. Compo 214. Hawkestone. Ontario LOL iTO
~,#"yJ# ~
~.. Rf~--'-'VED \
JUN 11 9 2U1l~ "\
ORO_MEDONTE.
TOWNSHIP -
June 14, 2005
Mayor Neil Craig & Members of Council
Box 100, Oro, ON. LOL 2XO
Re: Canada Day Parade
Dear Mayor Craig & Members of Council
On behalf of the Hawkestone And Area Community Association, I would like to request
an exemption from by-law #99-41 in order to have our annual Canada Day Parade in
Hawkestone, The parade will begin at 1 :OOpm and follow the same route as previous
years, commencing at the Hawkestone pier and traveling up main street, turning right on
John St., then right on Allen in front of the Hawkestone Community Hall and dispersing
at Matilda,
We will have several volunteers along the parade route to ensure the safety of participants
and we have notified the OPP and Fire Chief of our plans.
We would also like to extend an invitation to Council and staff of the Township to
participate in the parade and the many other events being planned to celebrate Canada's
birthday.
Thank you for your consideration of this request. Please contact me if you need any
further information.
Yours sincerely,
@~
Bob Gregory
Parade Marshall
(705) 487-7147
Dept. Report No. To: COMMITTEE OF THE Prepared By:
WHOLE
EES2005-22 Keith Mathieson
Subject: Department:
Council
Amendment to Existing Engineering and
Standard Subdivision Environmental Services
C.ofW. Agreement Date:
June 6, 2005
Motion # R.M. File #:
C11.22856
Date: RolI#:
TOWNSHIP OF ORO-MEDONTE
REPORT
II BACKGROUND:
II
On October 15, 1997, Council passed By-law #97-85 to adopt a Standard Subdivision Agreement
format. It is now recommended that Section 7.16, Drainaqe and Lot Gradinq, of the Standard
Subdivision Agreement be amended.
I ANALYSIS:
I
In the existing Standard Subdivision Agreement (attached), as well as in many of the older
Agreements, Section 7.16, Drainaqe and Lot Gradinq, places the Township in a position whereas if
the lot grading is changed over time, the Township would be responsible for ensuring any changes to
the grading is corrected by the present owner, or corrected by the Township, and collected as realty
taxes.
Upon consultation with Mr, Chris Williams of Aird and Berlis, we are recommending that the present
Standard Subdivision Agreement be amended by firstly, adding the following to the second
paragraph of Section 7.16:
.... and approved by the Township Engineer. The parties acknowledge and agree that
nothing contained in the Clause shall require the Township to undertake any works or
take any action once final occupancy for any lots in the subdivision have been issued.
and secondly, by underscoring "if it so elects" in paragraph three of Section 7.16 (please see
attached draft),
With these changes, once the final occupancy permit is issued and final lot grading is approved by
the Township Engineer, which is a condition of issuance of the final occupancy permit, any changes
to the lot grading affecting drainage will be the responsibility of the lot owners,
II RECOMMENDATION(S):
II
1, THAT Report No, EES2005-22 be received and adopted.
2. THAT Section 7.16, Drainaqe and Lot Gradinq, of the Standard Subdivision Agreement be
amended by adding".. ..and approved by the Township Engineer. The parties acknowledge and
agree that nothing contained in the Clause shall require the Township to undertake any works or
take any action once final occupancy for any lots in the subdivision have been issued' to
paragraph two and by underscoring "if it so elects" in paragraph three.
3. AND THAT the Clerk prepares a By-law for Council's consideration,
Respec lIy submitted,
J
Keit athieson
Director of Engineering and Environmental Services
l)~
~
- 2 -
EXISTING STANDARD SUBDIVISION AGREEMENT
Building Permits will not be issued until the Township Engineer has given the
Certificate of Substantial Completion and Acceptance (Municipal Underground
Services). The two (2) year maintenance period for the underground services
will commence when this Certificate is issued,
During the maintenance period, the Developer shall be responsible for the
normal operation and maintenance, and all repairs for the services noted in the
Certificate,
If, during the two (2) year maintenance period, the Developer fails to carry out
rectification and repair work as requested by the Township, then the Township
may carry out the work and be reimbursed the cost of the work from the
Developer's securities, as set out under Clause 9.3.
Notwithstanding anything hereinafter set out, the Township shall not be obligated
to assume the responsibility for and take over the subdivision services until fifty
percent (50%) of the lots on the subdivision or stage of the subdivision have
completed dwellings erected therein and Occupancy Permits have been issued.
The Developer shall be responsible for the normal operation, maintenance. and
all repairs of the services, in this case, until the Township has assumed the
responsibility of the services.
7,14 EMERGENCY REPAIRS
Employees or agents of the Township may enter onto the lands at any time, or
from time to time for the purpose of making emergency repairs to any of the
works. Such entry and repairing shall not be deemed an acceptance of the
works by the Township or any assumption by the Township of any liability in
connection therewith, or a release of the Developer from any of his obligations
under this Agreement.
7,15 USE OF WORKS BY TOWNSHIP
The Developer agrees that:
I. The works may be used prior to acceptance by the Township or other
authorized persons for the purpose for which such works are designed,
II. Such use shall not be deemed an acceptance of the works by the Township,
and;
III. Such use shall not in any way relieve the Developer of his obligations in
respect of the construction and maintenance of the works so used,
7.16 DRAINAGE AND LOT GRADING
All lots and blocks within the Plan and all lands abutting the Plan shall be graded
to drain in accordance with the overall Grading Plan prepared
by the Developer's Engineer, and approved by the Township Engineer and the
Township of Oro-Medonte. Some fill and regrading of lots may be necessary
during or after building construction. The Grading Plan shall show all existing
and final grades on lot corners, as well as mid-lot elevations, where deemed
necessary by the Township Engineer.
It is understood and agreed by the parties hereto that drainage of surface water
on the lots and blocks on the Plan is the sole responsibility of the respective lot
owners once the required drainage works have been constructed by the
Developer.
The storm swales shall be landscaped and maintained by all subsequent lot
owners, The purpose of the storm swales is to accommodate storm drainage
waters from the subject lot and adjacent lands. No lot owner in the subdivision
shall encumber or impede storm drainage in any manner whatsoever. In the
event that the Developer, or any subsequent lot owner, obstructs, impedes, or
interferes with the storm d,ainage flow through any part of the storm swale, or
interferes with the acceptance of water from any connecting swales, then the
Township shall have the right, if it so elects, to enter upon the subject lands to
,ectify such problems so that the swales can serve their original purpose,
Within the swale area, the Developer, and any subsequent lot owner, shall not
construct any works, remove, or permit to be removed, any soil from the said
swale/easement, excavate, drill, install, erect, or permit to be excavated, drilled,
installed or e,ected in, over, upon, under or through the said swale/easement,
any fence, well, foundation, pavement, building or other structure or other
installation,
The lot owner of any lot in the subdivision upon which the Township elects to
enter for the purpose of rectifying the said work, hereby agrees to indemnify and
release the Township from and against all claims, demands, actions or causes of
action whatsoever arising as a result of the Township or of its servants or agents
entering upon the lands for the purpose of correcting drainage problems. The
cost of such work will be for the account of the lot owner. Any invoices not paid
within thirty (30) days after the due date, shall be added to the tax roll and
collected in a like manner as realty taxes, as per Section 427 of the Municipal
Act, 2001,
The Developer agrees to deliver a copy of this clause to each and every
prospective purchaser and/or builder obtaining a Building Permit for any lot or
part of a lot on the said Plan of Subdivision,
Generally, the drainage facilities will consist of open ditches within the
subdivision or storm sewers in certain locations to provide a satisfactory drainage
outlet, and will be in accordance with the Drainage Plan prepared
by the Developer's Enginee" and approved by the Township Engineer and the
Township of Oro-Medonte,
7.17 PARKLAND WORKS
All parkland works indicated on the Park Development Plan are to be constructed
in accordance with Section 14 - Park Requirements of the Township of Oro-
Medonte Engineering Standards and Drawings,
The parkland must be completed to the satisfaction of the Township prior to the
issuance of 25% of the total Building Permits allowed in the subdivision,
7.18 DEFINITIONS
For the purposes of this Subdivision Agreement:
(i)
The term "Underground Services" shall mean the storm drainage works
(including culverts, storm sewer and detention pond), waterworks,
underground electrical distribution system, and street lighting serving the
Plan of Subdivision, as more particularly described in Schedule "C" to this
Subdivision Agreement.
(iI)
The term "Certificate of Substantial Completion and Acceptance (Municipal
Underground Services)" shall mean a Certificate issued by the Township
upon the recommendation of the Township Engineer confirming that the
Municipal Underground Services to be installed by the Developer under the
provisions of this Subdivision Agreement, as more particularly identified in
Schedule "C", have been substantially completed in accordance with plans
and specifications reviewed and accepted by the Township Engineer. The
issuance of a Certificate of Substantial Completion and Acceptance
(Municipal Underground Services) shall not constitute an assumption of the
Municipal Underground Services by the Township,
Building Permits will not be issued until the Township Engineer has given the
Certificate of Substantial Completion and Acceptance (Municipal Underground
Services), The two (2) year maintenance period for the underground services
will commence when this Certificate is issued,
During the maintenance period, the Developer shall be responsible for the
normal ope,ation and maintenance, and all repairs for the services noted in the
Certificate,
If, during the two (2) year maintenance period, the Developer fails to carry out
rectification and repair work as requested by the Township, then the Township
may carry out the work and be reimbursed the cost of the work from the
Developer's securities, as set out under Clause 9.3.
Notwithstanding anything hereinafter set out, the Township shall not be obligated
to assume the responsibility for and take over the subdivision services until fifty
percent (50%) of the lots on the subdivision or stage of the subdivision have
completed dwellings erected therein and Occupancy Permits have been issued.
The Developer shall be ,esponsible for the normal operation, maintenance, and
all repairs of the services, in this case, until the Township has assumed the
responsibility of the services,
7.14 EMERGENCY REPAIRS
Employees or agents of the Township may enter onto the lands at any time, or
from time to time for the purpose of making emergen airs to any of the
works, Such entry and repairing shall not be de ed a cceptance of the
works by the Township or any assumption b T n ip of any liability in
connection therewith, or a release of the ve er fr y of his obligations
under this Agreement.
I.
to a tance by the Township or other
e for which such works are designed.
7.15
II.
III. Such use shall not in any way relieve the Developer of his obligations in
respect of the construction and maintenance of the works so used.
7.16 DRAINAGE AND LOT GRADING
1. All lots and blocks within the Plan and all lands abutting the Plan shall be
graded to drain in accordance with the overall Grading Plan
prepared by the Developer's Engineer, and approved by the Township
Engineer and the Township of Oro-Medonte, Some fill and regrading of lots
may be necessary during or after building construction. The Grading Plan
shall show all existing and final grades on lot corners, as well as mid-lot
elevations, where deemed necessary by the Township Engineer,
2, It is understood and agreed by the parties hereto that drainage of surface
water on the lots and blocks on the Plan is the sole responsibility of the
respective lot owners, once the required drainage works have been
constructed by the Developer and approved by the Township Engineer.
The parties acknowledge and agree that nothing contained in this
Clause shall require the Township to undertake any works, or take any
action, once final occupancy for any lots in the subdivision have been
issued.
3. The storm swales shall be landscaped and maintained by all subsequent lot
owners. The purpose of the storm swales is to accommodate storm drainage
waters from the subject lot and adjacent lands. No lot owner in the subdivision
Q
ClC\
shall encumber or impede storm drainage in any manner whatsoever. In the
event that the Developer, 0' any subsequent lot owner, obstructs, impedes, or
interferes with the sto,m drainage flow through any part of the storm swale, or
interferes with the acceptance of water from any connecting swales, then the
Township shall have the right, if it so elects, to enter upon the subject lands
to rectify such problems so that the swales can serve their original purpose,
4, Within the swale area, the Developer, and any subsequent lot owner, shall not
construct any works, remove, or permit to be ,emoved, any soil from the said
swale/easement, excavate, drill, install, erect, or permit to be excavated,
drilled, installed or erected in, over, upon, under or through the said
swale/easement, any fence, well, foundation, pavement, building or other
structure or other installation.
5, The lot owner of any lot in the subdivision upon which the Township elects to
enter for the purpose of rectifying the said work, hereby agrees to indemnify
and release the Township from and against all claims, demands, actions or
causes of action whatsoever arising as a result of the Township or of its
servants or agents entering upon the lands for the purpose of correcting
drainage problems, The cost of such work will be for the account of the lot
owner. Any invoices not paid within thirty (30) days after the due date, shall
be added to the tax roll and collected in a like manner as realty taxes, as per
Section 427 of the Municipal Act, 2001.
6. The Developer agrees to deliver a copy of this clause to each and every
prospective purchaser and/or builder obtaining a Building Permit for any lot or
part of a lot on the said Plan of Subdivision.
7, Generally, the drainage facilities will consist of open ditches within the
subdivision or storm sewers in certain locations to provide a satisfactory
drainage outlet, and will be in accordance with the Drainage Plan
prepared by the Developer's Engineer. and approved by the Township
Engineer and theTownship of Oro-Medonte.
7.17 PARKLAND WORKS
All parkland works indicated on the Park Developm
in accordance with Section 14 - Park Require s of t
Medonte Engineering Standards and Draw' s,
n are to be constructed
Township of Oro-
The parkland must be completed t
issuance of 25% of the total Buildi
7.18 DEFINITIONS
(I)
(II) The term "Certificate of Substantial Completion and Acceptance (Municipal
Underground Services)" shall mean a Certificate issued by the Township
upon the recommendation of the Township Engineer confirming that the
Municipal Underground Services to be installed by the Developer under the
provisions of this Subdivision Agreement, as more particularly identified in
Schedule "C", have been substantially completed in accordance with plans
and specifications reviewed and accepted by the Township Engineer. The
issuance of a Certificate of Substantial Completion and Acceptance
(Municipal Underground Services) shall not constitute an assumption of the
Municipal Underground Services by the Township.
1 b - \
TOWNSHIP OF ORO-MEDONTE
REPORT
Dept. Report No. To: COMMITTEE OF THE Prepared By:
WHOLE
EES2005-23 Keith Mathieson
Subject: Department:
Council
Enforcement of County of Engineering and
Simcoe Waste Management Environmental Services
C.ofW. By-law Date:
June 6, 2005
Motion # R,M. File #:
E07-14590
Date: RolI#:
II BACKGROUND:
I
On April 26, 2005, County Council received attached Report #CS 05-121 with regards to the
enforcement of the County of Simcoe Waste Management By-law,
II ANALYSIS:
II
The County of Simcoe is presently responsible for waste management for all municipalities within the
County and is currently implementing policies to standardize waste management collection
throughout the County,
At the present time, if any materials are not collected, the County is notified by the Contactor and
reasons are given as to why. A tag is attached to the item(s) by the Contractor, notifying the resident
of the reasons for the materials not being picked up.
The Township is only made aware of items left on the side of the road by residents calling in with
concerns of materials, usually left by neighbours, The Township has a standard form letter which is
hand delivered to these residents requesting the material be removed from our municipal road
allowance within 48 hours. Failure to do so results in the Township removing any items and a charge
is made back to the owner. Under many circumstances, if the quantity of garbage is small, material
will be picked up by our Public Works employees and disposed of with amnesty certificates provided
by the County.
If materials are on County or provincial roads, the appropriate authority is notified for removal.
As the Township of Oro-Medonte does not have a littering By-law and if implemented could only be
enforced on municipal roadways, recommendations to standardize enforcement within the Township
are as follows:
II RECOMMENDATION(S):
~
1. THAT Report No. EES2005-23 be received and adopted,
2, THAT the Township of Oro-Medonte recommends Option #3 of County Report #CS 05-121:
"The County could solely enforce its By-law to the best of its ability through its capacity to:
a) fine through a ticket system, and if required
b) carry out clean-up work and have this cost charged to the landowner as taxes through the
lower tier municipality",
3. AND THAT the County be notified of Council's decision.
athieson
Director of Engineering and Environmental Services
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ORO-MEDONTE
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The Corporation of the
County of
Simcoe
REC
CLERK'S OFFJCE
Telephone Extension 246
Midhurst, Ontario LOL lXO
Df'F!nJ3
pPrbE: 4-
Clerks of Simcoe County Local Municipalities.
I
Subject: Enforcement of County of Simcoe V'fJa
l
May 4, 2005
,
}:
At the County Council session on April 26th, 2' 5 County Council had before it report
CS 05-121 regarding the enforcement of the County of Simcoe Waste Management By-
law,
emerft By-law
Following its consideration of the matter, County Council approved the following
recommendation CS-103-05 of the Corporate Services Committee;
"THAT County member municipalities be canvassed for a preferred option for the
enforcement of the Draft County of Simcoe Waste Management By-law, as outlined in Item
CS-05-121 ;
AND THAT a further report be presented to the Corporate Services Committee regarding
this matter."
I have therefore attached a copy of the Report CS 05-121 herewith and would request
that your municipality reView the report and provide your position of the enforcement
issue.
Thank you for your attention to this matter and should you have any questions please
do not hesitate to contact the undersigned,
Yours truly,
-2)./;710
Glen R. Knox,
County Clerk
c.c. Mark Aitken, Acting Chief Administrative Officer
Tiina Nautras, Contract & Collections Supervisor
Rob McCullough, Environmental Services Manager
~
COUNTY OF SIMCOE
ITEM FOR:
SECTION:
ITEM NO.
MEETING DATE:
SUBJECT:
CORPORA TE SERVICES COMMITTEE
Environmental
CS 05-121
April 13, 2005
Enforcement - County Waste Management By-law
RECOMMENDATION:
THAT the Corporate Services Committee provide a recommendation to Council regarding
enforcement of the Waste Management By-law, that is currently being drafted,
BACKGROUND:
The County is drafting a waste management by-law (Schedule 2 to Item No. CS 05-056).
Included in this is the enforcement provision of the by-law. The County's legal counsel and staff
have put together a position paper (attached as Schedule 1) outlining some background, along
with three enforcement options which are listed below, Staff is requesting direction be provided
by Council as to whether the County should have a standard method of enforcement County-
wide, or whether the local municipalities should each be canvassed as to their choice of
enforcement option,
Currently, in several municipalities, ineligible waste left behind, that is not cleared-up by the
resident, is dealt with under the municipal littering and property standards by-laws, as these are
the categories that most realistically capture ineligible waste, and effectively deal with any
problem issues, Most residents will clean-up any ineligible waste that has been left behind by the
contractor. However, in the instances where clean-up is required to be carried out to maintain the
esthetics of the community, rather than discussions arising between municipal staff and County
staff as to whether the clean-up falls under 'waste management', it appears prudent to provide the
quickest solution. Staff recognizes that local enforcement officers are more knowledgeable about
their own municipality and potential 'problem' areas, and can provide a much quicker response
time, and it appears most practical to exercise some kind of partnership in this area.
Three Options for Enforcement:
The following options have been identified by the County's legal counsel as ways in which to
enforce the by-law.
1. Parallel powers:
a, The County could enforce its by-law within the limited ability of its one by-law
enforcement officer through its ability to fine and to do remedial work and have
the cost charged to the landowner as taxes,
b, The local municipalities could deal with any problems through their littering and
debris by-laws.
April 13,2005
Corporate Services Committee CS 05-121
6b~5
Page 2
2. The County could appoint lower-tier by-law officers to enforce the County by-law
through:
a, a ticket system whereby the local municipalities could retain the revenues of such
system, and if necessary
b, adding costs to the tax roll for any clean-up work that may be required.
3. The County could solely enforce its by-law to the best of its ability through its capacity to:
a, fine through a ticket system, and ifrequired
b. carry out clean-up work and have this cost charged to the landowner as taxes,
through the lower-tier municipality.
Enforcement would cover anything left behind by the contractor because it is improperly placed
out for collection does not meet the requirements of the by-law, and has not been taken in by the
resident after a certain time limit. Enforcement could also cover dumping of 'waste' at other
locations by individuals, i.e, at the ends of private roads, and the sides of roads.
FINANCIAL ANALYSIS:
There is no impact on the County's 2005 Environmental Services budget as a result of this item.
SCHEDULES:
The following schedule is attached and forms part of this item.
Schedule I _ 'Position Paper' - Enforcement, County Waste Management By-law.
rZt
C505-121 Schedule
l.pdf
PREPARED BY: Tiina Nautras, Rob McCullough
APPROVALS: Date:
April 7, 2005
April 7, 2005
Thomas Evans, General Manager of Finance
Mark Aitken, Acting Chief Administrative Officer
Schedule 1
Corporate Services Committee CS 05-121
Page 1
CONCEPT PAPER
1;
RE: ENFORCEMENT - BY -LAW FOR THE COLLECTION, PROCESSING
AND/OR DISPOSAL OF GARBAGE, RECYCLABLES, ORGANICS AND OTHER
OPTIONAL COLLECTION MATERIALS IN THE COUNTY OF SIMCOE
Background:
The County is proposing a new by-law for waste collection. Included in that proposed
by-law is a limit on the collection of garbage to a maximum of2 bags or receptacles at
each serviced unit, along with a garbage tag system for any bags/receptacles over the 2-
bag limit.
In order to put steps in place to deal with any potential littering, property standards or
dumping issues that may result from the establishment of this collection limit and bag tag
system, staff with the assistance of the County's legal counsel has provided some
background and outlined three options for consideration by County Council.
In the past, under the Old Municipal Act, confusion occurred because there were
conflicting potential definitions of waste. On one hand the County took over all waste
management powers and on the other hand, certain "quasi" waste management powers
such as littering and property standards, were left within the authority ofJocal
municipalities, This led to concern over jurisdiction.
Previously the County canvassed the local municipalities on littering and property
standards issues and at that time the majority ofJocal municipalities wished to retain
jurisdiction over these. Last month, County staff and legal counsel attended a scheduled
by-law enforcement officers meeting at the County to discuss enforcement issues, and
determine what level of cooperation would be provided by the local municipalities if
requested to enact and enforce littering by-laws as the County, under the new Municipal
Act, can no longer do so. Of the officers present the general concensus was that local
municipalities generally, don't want to pay for the costs of enforcing what they view as a
problem of waste management, an issue under the authority of the County.
The Waste Collection Contract and By-law Enforcement Provisions:
Education by the Waste Collection Contractor
The "first line" approach in dealing with potential problems has been incorporated into
the waste collection contract with the contractor. The County has ensured that an
"education system" is part of the contractor's duties. The contractor must place stickers
on all garbage that exceeds the 2 bag limit or weight limit, does not display a County
garbage tag, or is otherwise refused because it does not meet the requirements of the by-
law. The sticker indicates that the waste has not been collected because it was
improperly placed out for collection, and provides the County's Customer Service line
telephone number should the resident wish to follow-up. The County anticipates that this
Corporate Services Committee CS 05-121
Page 2
hedule 1
2
system will deal with the majority of the problems of garbage placed out contrary to the
by-law.
~
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Enforcement by the County
The County has included a section in the proposed by-law that outlines penalties for
anyone breaching the by-law, A breach constitutes an offence under the Provincial
Offences Act, R.S,O. 1990, c,P.33, The by-law sets out the fines for a breach of the by-
law and indicates that the County would recommend that a $500,00 fine be applied on a
first offence, This is subject to the comments on "ticketing" and set fines set out below,
Municipal Remedial (Clean-up) Action
If a property owner is ordered to clean up garbage or litter on his or her property and fails
to do so, Section 427 of the Municipal Act provides authority for either the local
municipality or the County to do the clean up work at the property owner's expense. The
costs can be added to the taxes of the property owner.
Enforcement of Local Municipal Littering/ Debris/ Property Standards By-laws
The County recognizes that several municipalities have already established a workable
method of enforcement for littering and property standards, and have incorporated
uncollectible waste into bylaws that deal with these matters under section 127 of the
Municipal Act, 2001.
lt is also understood that local enforcement officers are more knowledgeable about their
own municipality and potential 'problem' areas, and can provide a much quicker
response time, to complaints received from their residents, about littering or dumping
issues. The County recognizes that its current municipal by-law officer cannot be in all
jurisdictions to enforce every breach of the by-law.
Therefore, the County has included a section in the proposed by-law that states,
All non-collectable items that are placed at any serviced unit or other lands
located in a local municipality shall be deemed to be "refuse" for the
purpose of any by-law enacted by the local municipality under section 127
of the Municipal Act, 2001,
To complete the "circle" of enforcement so that the local municipalities can deal with the
problem of refuse left around the local municipality, the County is recommending that the
local municipalities expand their definitions of "refuse", or add the definition of "refuse"
in any by-laws enacted under section 127 of the Municipal Act, 2001, to include the
following:
",all wastes that are defined as non-collectable wastes under the bylaw of
the Corporation of the County of Simcoe entitled: "A By-law for
Establishing and Maintaining a System for Collection, Processing andlor
Disposal of Garbage, Recyclables, Organics and other Optional Collection
Materials in the County of Simcoe,
Corporate Services Committee CS 05-121
Page 3
;hedule 1
3
By this route, the County is attempting to provide some authority for the municipal by-
law enforcement officers to deal with any littering problems that may result from the Q" L
enactment of the new garbage collection limits. Practically, ifboth the local municipal 0 n
by-law enforcement officers and the County by-law enforcement officer have authority,
through their own by-laws to deal with the problem of garbage left out or "dumped" it is
more likely that the problem will be dealt with rather than providing authority only to the
sole County by-law enforcement officer.
Costs of Enforcement:
A. Ticketing/Fine System:
The Police Services Act, R.S.O. 1990, c. P. IS, s 15(1) states that "A municipal council
may appoint persons to enforce the by-laws of the municipality". Under the Provincial
Offences Act, R.S,O, 1990, c, P,33, the County could set up a ticketing and set fine
system for non-compliance with the waste management by-law. The County could then
pay the local municipal by-law officers out of the fines collected.
B, Municipal Remedial (Clean-up) Action:
Section 427 oftheAct outlines that "If a municipality has authority by by-law or
otherwise to direct or require a matter or thing to be done, the municipality may, in the
same or another by-law direct that, in default of it being done by the person directed or
required to do it, such matter or thing shall be done at the person's expense."
The costs of completing the matter may be added to the tax roll and collected in the same
manner as taxes, Ifthe expenses were incurred by an upper-tier municipality, the upper-
tier municipality could require the local municipality to add the costs of the matter to the
tax roll.
By putting a requirement to remove non-collectable waste from the curb, into the by-law
and by stating that if this is not done the County will do it and charge the costs as taxes
on the serviced unit, the County could recover the costs of such enforcement measures.
The local municipalities could also put similar requirements in their litter/debris by~laws
and also recover the costs of cleaning up waste that has been left out contrary to the by-
law,
Delegating Authority to the Local Municipal By-law Enforcement Officers:
The by-law enforcement officers of the local municipalities have expressed their concern
about the extra workload and costs of enforcing the littering by-law if it adopted the
definition of "non-collectable" waste as outlined in the proposed County waste collection
by-law, It was suggested that the County should delegate authority to enforce the by-law
to the local by-law enforcement officers.
The Police Services Act, R,S.O, 1990, c. P,IS, section IS (1) states that, "A municipal
council may appoint persons to enforce the by-laws of the municipality", Therefore,
County Council could appoint the local municipal by-law enforcement officers to enforce
chedule 1
Corporate Services Committee CS 05-121
Page 4
4
the bylaw, The appointments would have to be made specifically in the names of the
current by-law officers as a schedule to the by-law so that the appointees could change Q
according to their employment with the local municipality. A system of tickets and set I) b -
fines for a breach of the by-law would then be set up and enforced by the appointed
persons, The County could pay the local municipal by-law enforcement officers for their
work in enforcing the by-law from the fines collected.
Three Options for Enforcement:
The following options have been identified as ways in which to enforce the by-law,
Either the County can determine which option it wishes to pursue or it can offer the local
municipalities their choice of enforcement option,
1. Parallel powers:
a, The County could enforce its by-law within the limited ability of its one
by-law enforcement officer through its ability to fine and to do remedial
work and have the cost charged to the landowner as taxes,
b. The local municipalities could deal with any problems through their
littering, property standards, debris and other by laws enacted pursuant to
Section 427 of the Municipal Act, 2001,
2. The County could appoint lower-tier by-law officers to enforce the County by-law
by:
a. A ticket system whereby the local municipalities could retain the revenues
of such a system,
b. Arranging for the clean-up work to be done and adding costs of such
clean-up to the taxes of the landowner.
-'--~
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, 3.
-
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The County could solely enforce its by-law to the best of its ability through its
capacity to:
a, Fine through a ticket system, and if required
b. Carry out clean-up work and have this cost charged to the landowner as
taxes, through the local municipality.
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F:\Sharon\MUNICIPAL\SIMCOE COUNTY FILES\SERVJCE & WASTE PLACEMENT BY-LA WS\Waste Management By-law
Position Paper~ Apr I OS.doc
C,-
TOWNSHIP OF ORO-MEDONTE
REPORT
Dept. Report No. To: COMMITTEE OF THE Prepared By:
WHOLE
EES2005-24 Keith Mathieson
Subject: Department:
Council
Catherine Anne Staples - Engineering and
Site Plan Agreement - Lot 3, Environmental Services
C.ofW. Plan 51 M-720 - 30 Highland Date:
Drive June 7, 2005
Motion # RM. File #:
D11-14656
Date: RoII#:
010-002-03537
II BACKGROUND:
II
In April, 2002, the Township entered into a Subdivision Agreement with Horseshoe Valley Lands Ltd.
to develop thirteen (13) lots fronting Highland Drive in Horseshoe Valley, of which Lot 3 is part of.
To ensure that the proposed development of this lot is located within the approved building envelope
and all existing trees outside the building envelope remain, the Owner must submit a Site Plan for
approval and enter into a Site Plan Agreement.
II ANALYSIS:
II
Ms, Staples' Site Plan application was presented to the Site Plan Committee on June 2, 2005.
Revisions have been made to the Plan, as per Committee comments.
Township staff have no concerns with the Site Plan.
II RECOMMENDATION(S):
II
1. THAT Report No. EES2005-24 be received and adopted.
2. THAT the Township of Oro-Medonte enters into a Site Plan Agreement with Catherine Anne
Staples to construct a single family home on Lot 3, Plan 51 M-720 (30 Highland Drive).
3. THAT the Clerk prepares a By-law for Council's consideration.
4. AND THAT Ms. Staples be notified of Council's decision.
Keith Mathieson
Director of Engineering and Environmental Services
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APPENDIX "A"
SITE PLAN AGREEMENT
- between -
CATHERINE ANNE STAPLES
- and -
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
Parcel 3-1, Section 51M-720
Being Lot 3, Plan 51 M-720
Subject to an Easement in Favour of the
Corporation of the Township of Oro-Medonte
Designated as Part 8 on Plan 51R-30780 in SC31350
Subject to an Easement in Favour of the
Corporation of the Township of Oro-Medonte
Designated as Part 7 on Plan 51 R-30780 in SC31350
Former Township of Oro
Roll #4346-010-002-03537 -0000
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
June, 2005
By-Law No. 2005-
(..,-
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "0"
Schedule "E"
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 Desc,iption of Lands
Site Plan
Deeds and Easements to be Conveyed
Itemized Estimate of Cost of Construction
Standard Township Letter of Credit
2
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SITE PLAN CONTROL AGREEMENT
This Agreement made, in quadruplicate, this day of
accordance with Section 41 of the Planninq Act.
2005, in
BETWEEN:
CATHERINE ANNE STAPLES
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 single
family dwelling 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:
J
1. COVENANTS BY THE OWNER
The Owner covenants and agrees as follows:
a) The Owne, owns the subject lands described in Schedule "A", attached hereto,
and has provided the Township with a Registered Deed containing the legal
desc,iption 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 cha'ges 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 'egistration 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
$1,000.00. 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 delive,ed 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 ag,ees as follows:
a) That the Township has enacted a By-law to permit a single family dwelling
described on the Site Plan.
b) That the Township agrees that subject to compliance by the Owner with all
,elevant 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
a) Site Plan
The use and development of the subjecl lands shall be in acco,dance with
and as set out on the Site Plan, attached he,eto as Schedule "B",
b) liohtino
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) Parkino 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 Storaoe
No outside storage shall be permitted between any buildings on the
premises and any st,eet. Any other outside storage shall be contained in
the fenced compound, as identified on Schedule "B",
e) Ga,baoe Storaoe
The Owne, 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) Landscapino
The Owne, shall complete all landscaping and landscaped areas shown on
the Site Plan, attached as Schedule "B", as soon as weather permits, and
all g,ading 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 changes 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
properly 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
Prio, to signing the Agreement, the Owner will deposit with the Treasu,er of the
Township, to cover the faithful performance of the obligations of the Owner arising under
this Agreement, including but not limited to the const,uction of the works and selVices
identified in Schedule "0" to this Agreement (the "said Work"), the following securities:
a) Cash in the amount of one hundred pe,cent (100%) of the estimated cost of the
said work, as approved by the Township Engineer and Township Council, or:
b) An irrevocable Letter of C,edit 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%) of the 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 ,enewed automatically, as necessary, thirty (30) days prior to expiration,
c) The Township reselVes the right to accept or reject any of these alternative
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, it will be set
out in Schedule "0" 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 presc,ibed by this Agreement. However, all
Letters of Credit and Secu,ity received by the Township may be used as security
for any item or any other matte, which, under the terms of this Agreement, is the
responsibility of the Owner, including without limiting the generality of the
fo,egoing, payment of enginee,ing, legal, planning or other costs incurred by the
Township, which are the ,esponsibility of the Owner, under the te,ms 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 p,ovisions 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
regist,ation and giving effect to the provisions of this Agreement.
(,
8. BINDING EFFECT
This Agreement, and everything contained herein, shall be binding upon the successors
and assigns of the 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
ag,eed that this Ag,eement 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 selVice
performed by the Township, its selVants or sub-contractors in order to complete the work
or selVices required to be completed under this Agreement. provided the subject matter
of such action, suits, claims or demands was not caused intentionally or th,ough gross
negligence on the part of the Township, its selVants 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 that behalf.
SIGNED, SEALED AND DELIVERED
7
L
)
) Own
)
)
)
)
)
)
)
)
)
) The Corporation of the
) Township of Oro-Medonte
)
) per:
)
)
)
) J. Neil Craig, Mayor
)
)
)
) Marilyn Pennycook, Clerk
)
()
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 Catherine Anne
Staples,
LEGAL DESCRIPTION OF LANDS
Parcel 3.1, Section 51 M.720, being Lot 3, Plan 51 M.720, subject to an Easement in
favour of the Corporation of the Township of Oro-Medonte, designated as Part 8
on Plan 51 R-30780 in SC31350; subject to an Easement in favour of the
Corporation of the Township of Oro-Medonte, designated as Part 7 on Plan 51 R.
30780 in SC31350, former Township of Oro, Roll #4346.010-002.03537-0000
8
i
\
SCHEDULE "8"
NOTE:
It is understood and agreed that this Schedule fo,ms part of the Site Plan
Agreement between the Township of Ora-Medonte and Cathe,ine Anne
Staples,
SITE PLAN
Site Plan is not in a registerable form and is available fram the Township of Ora-Medonte,
Prepared by Me,-Tech Engineering Solutions - Drawing #5P-1 dated May, 2005; revised
June, 2005,
9
SCHEDULE "C"
c-
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Ag,eement between the Township of Oro-Medonte and Catherine Anne
Staples,
DEEDS AND EASEMENTS TO BE CONVEYED
All title documents shall be properly drawn and executed by the parties, with the
appropriate Lot or Block Numbe, inserted in the description of the document, and the
registe,ed 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 1$2.001 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 easernent 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
Ag,eement between the Township of Oro-Medonte and Catherine Anne
Staples,
ITEMIZED ESTIMATE 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
unde, the terms of this Agreement. as noted
in Sections 1 f) and 5 herein,
$1,000,00
(refundable deposit)
II
<t~ - \
TOWNSHIP OF ORO-MEDONTE
REPORT
Dept. Report No. To: COMMITTEE OF THE Prepared By:
WHOLE
EES2005-25 Keith Mathieson
Subject: Department:
Council
Sharon Bellisle - Site Plan Engineering and
Agreement - Lot 39, Plan 791, Environmental Services
C.ofW. 8 Goss Road - Being all of Date:
PIN #58531-0380 (Lt) June 7,2005
Motion # RM. File #:
D11.14694
Date: RolI#:
030-010-16300
~ BACKGROUND:
II
Ms. Bellisle is proposing to raise the existing house at 8 Goss Road and replace the present crawl
space with a full basement.
As Goss Road is a private road, Ms, Bellisle must enter into a Site Plan Agreement in order to
receive a Building Permit.
II ANALYSIS:
I
Sharon Bellisle's (Van Noort) Site Plan application was reviewed at the Site Plan Committee meeting
held on June 2,2005, Neither the Committee nor Township staff have any concerns with Ms,
Bellisle's Site Plan,
, RECOMMENDATION(S):
II
1. THAT Report No, EES2005-25 be received and adopted,
2, THAT the Township of Oro-Medonte enters into a Site Plan Agreement with Sharon Bellisle to
construct a full basement under the house at 8 Goss Road.
3. THAT lhe Clerk prepares a By-law for Council's consideration.
4, AN rAT Ms, Bellisle be notified of Council's decision.
Res tfu Iy submitted,
Keitl(l leson
Direc or of Engineering and Environmental Services
June, 2005
By-Law No. 2005-
APPENDIX "A"
SITE PLAN AGREEMENT
- between -
SHARON BELLlSLE
- and -
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
Lot 39, Plan 791
Together with Right-of-Way over
Lot A and Lot 2, Plan 791
Being all of PIN #58531-0380 (Lt)
Roll #4346-030-010-16300-0000
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
1,<:\-
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
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
c\
SITE PLAN CONTROL AGREEMENT
This Agreement made, in quadruplicate, this day of
acco,dance with Section 41 of the Plan nino Act.
2005, in
BETWEEN:
SHARON BELLlSLE
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 installation
of a full basement under the existing home on lands described in Schedule "A", attached
he,eto;
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
$N/A. 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.
h) The Owner acknowledges that the lot does not front on an improved public road,
that the Township does not or is not required to maintain or snowplow the said
road, that the Township will not take over or assume the private road as a
Township public road or street unless it has been built according to the Township
standards, then in force, and that the Township is not liable for any injuries, losses
or damages as a consequence of the Township issuing a Building Permit.
2. COVENANTS BY THE TOWNSHIP
The Township covenants and agrees as follows:
b)
That the Township has enacted a By-law to permit installation of a full basement
under the existing home described on the Site Plan.
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.
a)
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
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) Liohtino
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) Parkino 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 Storaoe
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) Garbaoe Storaoe
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) Landscapino
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 changes 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
properly 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 of the
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%) of the 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 alternative
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, it 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 docume~ts, 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 everything contained herein, shall be binding upon the successors
and assigns of the 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 that behalf.
SIGNED, SEALED AND DELIVERED
7
lL./dYl/,I:;/ ~
) Owner: Sharon Bellisle
)
)
)
)
)
)
)
)
)
) The Corporation of the
) Township of Oro-Medonte
)
) per:
)
)
)
) J. Neil Craig, Mayor
)
)
)
) Marilyn Pennycook, Clerk
)
SCHEDULE "A"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreernent between the Township of Oro-Medonte and Sharon 8ellisle.
LEGAL DESCRIPTION OF LANDS
Lot 39, Plan 791, together with right-of-way over Lot A and Lot 2, Plan 791, being
all of PIN #58531-0380 (Lt), Township of Oro-Medonte, County of Simcoe, Roll
#4346-030-010-16300-0000
8
NOTE:
SITE PLAN
d~\
SCHEDULE "8"
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Sharon Bellisle.
Site Plan is not in a registerable form and is available from the Township of Oro-Medonte.
9
SCHEDULE "C"
~c\ - \ \
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Sharon Bellisle.
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 Sharon Bellisle.
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION
1.
ITEMIZE CONSTRUCTION ESTIMATE
AMOUNT
N/A
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 Section 5 herein.
N/A
II
TOWNSHIP OF ORO-MEDONTE
REPORT
Dept. Report No. To: Prepared By:
PD 2005-031 Committee of the Whole Bruce Hoppe
Subject: Department:
Council Guthrie United Church Planning
59 Line 4 North
C.ofW. Date:
June 15, 2005
Motion # R.M. File #:
Date: RolI#:
010-002-243
II BACKGROUND:
I
The Guthrie United Church property is approximately 2.38 acres (0.96 ha) in size, and is located at the
northeast corner of Highway 11 and Line 4 North, directly to the west of the Community Arena and adjacent
Township park/ball diamonds. The subject land currently supports a church, an internment building and an
operating cemetery. Vehicular access to the subject property was historically gained via Highway 11, however
since approximately 1991, the Highway access has been physically restricted and alternatively, vehicular
access is now obtained informally via a driveway which serves the arena and park property located north of
Highway 11 off Line 4 North. While this driveway is located on municipal property, it is not dedicated as a
public highway.
On January 18, 2005, correspondence was received by the Township from the Chair of the Guthrie United
Church Trustees and the Chair of the Guthrie Cemetery Board, attached to this report as Attachment #1. This
correspondence advised Council that the Church had disbanded as a congregation, and that the Trustees
were looking at options to dispose of the property.
The January 18, 2005 correspondence was received by Council at its meeting of January 19, 2005, and
referred to staff for a report. In recent months, staff have had several discussions and meetings with the
proponents to discuss the various options for this site. Attached for Council's information is a response letter
to the proponents from the Township's planning consultant (Attachment #2) outlining several significant
planning concerns with the proposed severance. A second letter from the Church dated April 28, 2005 is also
enclosed (Attachment #3), which clarifies some of the discussions which occurred by the Church Trustees in
pursuing alternative access arrangements when the MTO access was removed in the early 1990's.
This April 28, 2005 letter also requests that the Township consider granting a formal right-of-way for access to
the site. The purpose of this report is to analyze this request and provide Council with recommendations on
how to proceed with this matter.
II ANALYSIS:
II
With respect to access easements requested by the Church, staff have no objections to this request in
principle. The church building itself and parking area are located towards the east end of the site, and the
internment building is located in close proximity to the church. Due to the fact that available burial space is
located on the opposite side of the site, the proponents have requested five vehicular access points which
would allow for cemetery vehicles to access burial locations during funerals. Formalizing the vehicular access
to the church building itself is also in order and staff have no objections to this request in principle. Given the
fact that the church has expressed a desire to divest itself of this building, however, it is recommended that the
easements be restricted to the use of the site as a church building and cemetery use only. Should a proposal
to utilize/redevelop the property for a more intensive use in the future be contemplated, this would afford the
Township the ability to reconsider such easements based on a future change in use due to the potential for
impacts on the municipal access driveway and arena parking area. The Township's solicitor has confirmed
that the easements can indeed be restricted to a specific use.
It is noted that the Trustees have requested several entrances to the site, which correspond to locations where
funeral vehicles need to access different areas of the cemetery. The access points from the north and the
east can proceed via an easement agreement, while any access to the 4th Line at the west side of the site will
require an access permit, given 4th Line is a municipal road. Given the proximity of the 4th Line frontage to
Highway No. 11, approval from the MTO will be required to permit this access point. Staff have no objection to
the access points from the north and east, subject to the above noted use restrictions, and recommend that
we work with the proponent in drafting of the appropriate easement agreement.
~ RECOMMENDATION(S):
~
It is recommended to Council:
1. THAT Report PD 2005-031 (Guthrie United Church) be received and adopted; and
2. THAT staff be directed to work with the proponents in consultation with the Township solicitor in
drafting an easement agreement;
3. THAT the proposed easement agreement be restrictive to the use of the property for a church and
cemetery use only;
4. THAT all costs relating to this agreement be borne by the Guthrie United Church; and,
5. THAT the Clerk bring forward the appropriate By-law authorizing the Mayor and Clerk to execute the
easement agreement.
~tfUIlY submitted,
Bruce H~ R~P
Director of Planning
C.A.O. Comments:
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Jan.l8,2005
Mayor Craig and Oro-Medonte Council members,
#148 Line 7, South,
Box 100, Oro, ON
LOL 2XO
Guthrie United Church has disbanded as a congregation, as of Dec. 31, 2004. The trustees
are looking at options to dispose of the property.
This property is complicated by the fact that Guthrie Cemetery occupies part of the parcel
ofland.
We have three areas that we are asking your Council to address.
I. There are no easements into the church or cemetery properties currently.
Representatives of the church trustees and the cemetery board would like to request a
meeting to discuss putting these in place legally.
2. We would like to be infonned as to the proper procedures in surveying and severing
the church property from the cemetery.
3. The trustees send this letter to inquire if the township would be interested in
purchasing the entire property (the church building and cemetery together as one
parcel) or just the church building, excluding the cemetery. We had a brief discussion
with the Oro District Lions' Club representatives, They indicated that they could
make use of the church building if the township owned it.
We look forward to hear a response from you regarding this matter as soon as possible.
Any questions can be directed to either of the persons below,
Don Campbell, Chair of Guthrie United Church Trustees, 487-6789
Jim Campbell, Chair of Guthrie Cemetery Board, 721-0694
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Guthrie United Church
c/o Don Campbell
591 Line 4 South
R. R. #1
Shanty Bay ON
LOL 2LO
May 24,2005
Dear Mr. Campbell:
Re:
Potential Severance for Guthrie United Church
Concession 5. South Part of Lot 20, Roll # 43-46-010-002-24300-0000, Township of
Oro-Medonte
Further to a staff memo dated February 23, 2005 which you have been provided a copy of, this letter is being
sent to identify the process and costs associated with a Consent (severance) application. A copy of an
application that also contains the committee guidelines/application process is attached to this letter for your
review.
The application fee for a consent application is $900.00 which is a non-refundable application fee. As noted
in the February 2005 memo although the property is within the Rural Settlement Area of Guthrie which would
generally permit a consent application, there are three matters that would make support for a consent
application difficult:
1. The existing building would not be able to conform with the setback requirements from the proposed
property line;
2. The existing sewage system would not meet the required setbacks from the proposed property line
and could not be relocated on the property;
3. The required setback between the well and the septic system of 100 feet for a dug well cannot be
satisfied.
On the basis of a site visit of the subject property and the above it would be difficult to recommend that a
consent application should be considered favourably by the Committee of Adjustment.
I trust the above is self explanatory. If you require further clarification please contact me directly.
Yours truly,
-<tJ,; --P-.A
Andria Leigh, MtIP ~ RPP
Planning Consultant
File: Property File 020-002-24300
Mayor and Members of Council
Jennifer Zieleniewski, CAO.
Marilyn Pennycook, Clerk
Jerry Ball, Roads Superintendent
Bruce Hoppe, Director of Planning
i (,
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April 28, 2005
AtTN;t04N<T *.5
Marilyn Pennycook
Clerk Oro-Medonte Township
Delivered by Hand
Further to a letter you received lan 14 2005, and after meeting with YOUL.j!~ '{Ie ::.A.O.
and the Director of Planning, we the Trustees of Guthrie United Church and C"H1etery
have researched the following information.
"
On Oct.17-1990 the Trustees met at Guthrie United Church, the following is an excerpt
from those minutes,
'The Trustees of Guthrie United Church met in the basement of the church with The
Road Superintendent for the Township and Deputy Reeve David Caldwell of Oro
Council to discuss mutual concerns regarding entrance from the highway and also paving
matters. After considerable discussion it was moved by Keith Sanderson and Bert
Jamieson that we the trustees, ask the Oro Council to get permission from the Ministry of
Transportation for Ontario to close off the entrance to Guthrie United Church from Hwy
11 on the condition that the arena road north of the church property be brought up to
MTO standards and that it be continued in a southerly direction east of the church
property line to the north side of # 11 Hwy so as not to land lock the church in the future.
May 22,1991
Morris McArthur read a letter from Fred Haughton regarding closing entrance. A letter
to be sent to Oro Council in regards to bringing road at north of the church to the Arena
up to standards to coincide with closing entrance moved by Keith Sanderson seconded by
Burt Jamieson.
\
Based on this researeh we are asking if council has records of any letters or motions to
the MTO in the timeframe above and also if Council will grant a definite right of way for
both the church property and at least five right of way entrances into the cer:.. '~', .
Yours truly,
~~c-,~
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Donald Campbell and Jim Campbell
Cc: Neil Craig, Mayor
Council Members
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i
TOWNSHIP OF ORO-MEDONTE
REPORT
Dept. Report No. To: Prepared By:
PD 2005-032 Committee of the Whole Bruce Hoppe, MCIP,RPP
Subject: Department:
Council Removal of Holding Planning
Provision - 8 Goss Road,
C.ofW. Lot 39, Plan 791 - Sharon Date:
Bellisle (Van Noort) June 15, 2005
Motion # R.M. File #:
Date: RolI#:
030-010-16300
II BACKGROUND:
II
An application has been submitted by Ms. Bellisle to construct a full basement beneath the
existing house at the above noted property, which currently has a crawl space. As Goss
Road is a private road, the lands are zoned with a Holding provision to ensure that a Site
Plan Agreement is entered into between the Township and the lot owner. The intent of the
Site Plan Agreement is to ensure that any buildings to be constructed are located
appropriately and to ensure that the lot owner is aware that the property is only accessed
by an unassumed road.
The landowner has executed the Site Plan Agreement and a report from Keith Mathieson,
Director of Engineering and Environmental Services regarding the adoption of a by-law for
the Site Plan Agreement is being presented at the Committee of the Whole meeting on
June 15, 2005. On the basis that the Site Plan Agreement satisfies the condition of the
Holding Provision, it is recommended that Council give favorable consideration to the
adoption of the by-law to remove the Holding Provision from 8 Goss Road (BellisleNan
Noort),
II RECOMMENDATION(S):
II
It is recommended to Committee:
1. THAT Report No. PO 2005-032 be received and adopted;
2. THAT the Clerk bring forward the appropriate by-law for Council's consideration;
and,
3. THAT Ms. Bellisle be advised of Council's decision on the matter,
,~,"bm;"'d' ,
Sru e HOPP~P
C.A.O. Comments:
Date:
~
c))
jtV f\.U-LA-
J
Dept. Head
C.A.O.
- 2-
THE CORPORATION OF THE TOWNSHtP OF ORO-MEDONTE
BY-LAW NO. 2005-
"Being a By-law to remove the Ho/ding symbol applying to
lands at located at Concession 1, Plan 791, Part of Lot
39(Orillia),(RolI#4346-030-010-16300-0000)
(Van Noort/Bellisle)"
WHEREAS the Council of the Corporation of the Township of Oro-Medonte is empowered to pass
By-la'Vs to remove a Holding provision pursuant to Section 36 of the Planning Act, R.S.O. 1990,
c.P.13:
AND WHEREAS Council deems it appropriate to remove the Holding provision applying to the
subject lands;
NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as
follows:
1. Schedule 'A1', to Zoning By-law No. 97-95 as amended, is hereby further amended by
removing the Holding provision applying to lands, located at Concession 1, Plan 791,
Part of Lot 39 (Orillia) (Roll # 4346-030-010-16300-0000) as shown on Schedule 'A'
attached hereto and forming part of this By-law.
2. This By-law shall come into effect upon the date of passage hereof, subject to the
provisions of the Planning Act, as amended.
READ A FIRST AND SECOND TIME on the day of , 2005,
READ A THIRD TIME and finally passed this day of ,2005.
Mayor - J. Neil Craig
Clerk - Marilyn Pennycook
Schedule 'A-i' to By-Law
This is Schedule 'A-i' to By-Law 2005-
passed the day of
Mayor
J. Neil Craig
N
Clerk
Marilyn Pennycook
Lake Simcoe
o 15 30 60 Mele's
l",l",j
~ Property Subject to removal of holding symbol,
.~
TOWNSHIP OF ORO-MEDONTE
REPORT
Dept. Report No. To: Prepared By:
PD 2005-033 Committee of the Whole Bruce Hoppe, MCIP,RPP
Subject: Department:
Council Removal of Holding Planning
Provision - 30 Highland
C.ofW. Drive, Lot 3, Plan M-720 Date:
(Staples) June 15, 2005
Motion # R.M. File #:
Date: RolI#:
010-002-03537
II BACKGROUND:
~
An application has been submitted by Ms. Staples to construct a single detached dwelling
on the above noted property, which is currently vacant. Due to the significant slopes and
vegetative cover within this subdivision, the lands are zoned with a Holding provision to
ensure that a Site Plan Agreement is entered into between the Township and the lot
owner. The intent of the Site Plan Agreement is to ensure that the dwelling, septic system,
driveway and amenity area are located appropriately within the identified building envelope
and that a natural (treed) area remains on each lot.
The landowner has executed the Site Plan Agreement and a report from Keith Mathieson,
Director of Engineering and Environmental Services regarding the adoption of a by-law for
the Site Plan Agreement is being presented at the Committee of the Whole meeting on
June 15, 2005. On the basis that the Site Plan Agreement satisfies the condition of the
Holding Provision, it is recommended that Council give favorable consideration to the
adoption of the by-law to remove the Holding Provision from 30 Highland Drive (Staples),
II RECOMMENDATION(S):
I
It is recommended to Committee:
1. THAT Report No, PD 2005-033 be received and adopted;
2. THAT the Clerk bring forward the appropriate by-law for Council's consideration;
and,
3. THAT Ms. Staples be advised of Council's decision on the matter.
ectfully submitted,
ce HOP~;
C.A.O. Comments:
Date:
CAO.
~
~ )
~
Dept. Head
- 2 -
o
\c-
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2005-
"Being a By-/aw to remove the Holding symbol applying to
lands at located at Concession 4, Plan M 720, Lot 3
(Oro),(Rol/#4346-010-002-03537-0000)(Staples)"
WHEREAS the Council of the Corporation of the Township of Oro-Medonte is empowered to pass
By-laws to remove a Holding provision pursuant to Section 36 of the Planning Act, R.S.O. 1990,
c.P.13.
AND WHEREAS Council deems it appropriate to remove the Holding provision applying to the
subject lands;
NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as
follows:
1. Schedule 'A1', to Zoning By-law No. 97-95 as amended, is hereby further amended by
removing the Holding provision applying to lands, located at Concession 4, Plan M 720,
Lot 3 (Oro) (Roll # 4346-010-002-03537-0000) as shown on Schedule 'A' attached hereto
and forming part of this By-law.
2. This By-law shall come into effect upon the date of passage hereof, subject to the
provisions of the Planning Act, as amended.
READ A FIRST AND SECOND TIME on the day of , 2005.
READ A THIRD TIME and finally passed this day of ,2005.
Mayor - J, Neil Craig
Clerk - Marilyn pennycook
Schedule 'A-i' to By-Law
This is Schedule 'A-i' to By-Law 2005-
passed the day of
Mayor
J. Neil Craig
N
Clerk
Marilyn pennycook
Subject
Property
02040 OOMe1l!fS
t",t,,,l
~
Property Subject to removal of Holding symbol
\
TOWNSHIP OF ORO-MEDONTE
REPORT
Dept. Report No. To: Council Prepared By:
PD2005-034 Nick McDonald, RPP
Subject: Department:
Appeals to OPA 16 and Planning
17 - Declaration of
Provincial Interest
Council
C. of Date: June 7, 2005
W.
Motion R.M. File #:
#
Date: RolI#:
As Council is aware, four appeals have been lodged against OPA 16 and three appeals have
been lodged against OPA 17. The hearing on the appeal will take place in November 2005 (four
weeks), and February 2006 (four to five weeks).
Lafarge Canada and the Aggregate Producers Association of Ontario (APAO) have appealed
virtually all of the OPA's 16 and 17. 1091402 Ontario Limited (Lou Orsi) has also appealed
virtually all of OPA's 16 and 17. At the time of preparing this report, a number of discussions
were being held to narrow the items under appeal.
Lafarge Canada and the APAO have indicated collectively that they have a fundamental concern
with the approach taken in both OPA's as they relate to aggregate extraction, the Oro Moraine
and the protection of non-Provincially significant natural heritage features. As Council will recall,
the APAO and to a lesser extent, Lafarge, were active participants in the OPA 16 and 17 process.
It is my opinion that many of their comments and concerns have been taken into account and
accommodated within either or both of the OPA's. However, fundamental differences remain.
I continue to believe that the process followed by the Township in preparing OPA's 16 and 17
was entirely appropriate. I also am of the opinion that the policies are consistent with the County
of Simcoe Official Plan and the Provincial Policy Statement. Staff at the Ministry of Municipal
Affairs and Housing, the Ministry of Natural Resources and at the County of Simcoe have
concurred with the policy approach and the content of both OPA's 16 and 17.
It is also my opinion that the Amendments (particularly OPA 16) are groundbreaking in terms of
attempting to balance development aspirations against the desire to protect natural heritage
features on a moraine. The approval of OPA 16 will also have implications on how other
municipalities attempt to strike a balance between aggregate extraction and environmental
protection. It is for this reason that I believe that there is a Provincial interest in these
proceedings, and that the Province of Ontario should become involved with the hearing on OPA
16, specifically as they relate to the appeals lodged by Lafarge Canada and the APAO.
There are two ways for the Province to take an active role in the hearing. The first is to declare a
Provincial interest pursuant to the Planning Act. The second is to commit resources in the
support of the Township and County position on OPA's 16 and 17.
As Council is aware, the Planning Act was recently amended to give the Minister of Municipal
Affairs and Housing the authority to declare a Provincial interest in any matter that is before the
Ontario Municipal Board. The new Sections within Section 17 of the Planning Act are reproduced
below:
"(51) Where an appeal is made to the Municipal Board under this section, the
Minister, i( he or she is o( the opinion that a matter of Provincial interest
is, or is likely to be, adversely affected by the plan or the parts of the plan
in respect o( which the appeal is made, may so advise the Board in
writing not later than 30 days before the day fixed by the Board for the
hearing of the appeal and the Minister shall identify,
a) the provisions of the plan by which the Provincial interest is, or is
likely to be, adversely affected; and
b) the general basis for the opinion that a matter of Provincial interest
is, or is likely to be, adversely affected.
(52) The Minister is not required to give notice or to hold a hearing before
taking any action under subsection (51).
(53) If the Municipal Board has received notice from the Minister under
subsection (51), the decision of the Board is not final and binding in
respect of the provisions identified in the notice unless the Lieutenant
Governor in Council has confirmed the decision in respect of the
provisions.
(54) The Lieutenant Governor in Council may confirm, vary or rescind the
decision of the Municipal Board in respect of the provisions of the plan
identified in the notice and in doing so may direct the Minister to modify
the provisions of the plan. "
On the basis of discussions with Ministry of Municipal Affairs and Housing staff, there does not
appear to be any criteria for a threshold test that needs to be met to determ ine whether a matter
2
is of Provincial interest. However, matters of Provincial interest are clearly articulated in Section
2 of the Planning Act, which is reproduced below:
"The Minister, the council of a municipality, a local board, a planning board and
the Municipal Board, in carrying out their responsibilities under this Act, shall
have regard to, among other matters, matters of Provincial interest such as,
(a) the protection of ecological systems, including natural areas, (eatures
and functions;
(b) the protection o( the agricultural resources of the Province;
(c) the conservation and management of natural resources and the mineral
resource base;
(d) the conservation of features of significant architectural, cultural,
historical, archaeological or scientific interest;
(e) the supply, efficient use and conservation of energy and water;
(f) the adequate provision and efficient use of communication,
transportation, sewage and water services and waste management
systems;
(g) the minimization of waste;
(h) the orderly development of safe and healthy communities;
(h. 1) the accessibility for persons with disabilities to all facilities, services and
matters to which this Act applies;
(i) the adequate provision and distribution of educational, health, social,
cultural and recreational facilities;
OJ the adequate provision o( a full range of housing;
(k) the adequate provision o( employment opportunities;
(I) the protection of the financial and economic well-being of the Province
and its municipalities;
(m) the co-ordination of planning activities of public bodies;
(n) the resolution of planning conflicts involving public and private interests;
(0) the protection of public health and safety;
(p) the appropriate location o( growth and development."
It Is my opinion that Sub-sections (a) and (c) above are clearly issues that will be dealt within the
context of the OMS hearing on OPA's 16 and 17. It is on this basis that Council should resolve to
ask the Minister to declare a Provincial interest in this matter. In addition, It is further
recommended that the County of Simcoe Council be asked to support the request.
RECOMMENDATION
It Is recommended;
1. THAT report number PD2005-034 be received and adopted;
2. THAT staff be authorized to prepare under the Mayor's signature a request to the Minister of
Municipal Affairs and Housing to declare a Provincial Interest in the hearing of OPA 16 and
OPA 17.
3. AND THAT the County of Simcoe be requested to support Council request to the Minister of
Municipal Affairs and Housing.
3
Respectfully submitted,
~UQ~
kv- Nick McDonald, MCIP, RPP
. if' Partner
C.A.O. Comments:
!~^-.~
V
C.A.O.
Date:
Dept. Head
4
9f- )
TOWNSHIP OF ORO-MEDONTE
REPORT
Dept. Report No. To: Committee of the Prepared By:
PD 2005-035 Whole Bruce Hoppe, MCIP, RPP
Subject: Request to Department:
upgrade 5th Line North Planning
and to obtain severances
on Suwala Property
Council
C.ofW. Date: June 15, 2005
Motion R,M. File #:
#
Date: RolI#:
II INTRODUCTION:
II
The intent of this report is to provide Council with staff's response to correspondence
dated March 28, 2005 (appended as Attachment #1) and to a deputation made to
Council on April 27, 2005.
II OVERVIEW OF PROPOSAL:
II
In a letter dated March 28, 2005, attached to this report as Attachment #1, Mr. Ron
Suwala requests that he be permitted to create four ten hectare (25 acre lots) on his 40
hectare (100 acre) lot, in Lot 2, Concession 5 (Oro). The lands are vacant at the present
time and are located on a portion of the 5th Line North that is not maintained year round
by the Township of Oro-Medonte. It is further requested that the Township commit to
providing winter maintenance on that portion of the 5th Line North that provides access to
the Suwala property.
1
~ -
~ OFFICIAL PLAN POLICIES:
II
The subject lands are currently designated Rural and Environmental Protection Two by
the in-effect and approved Official Plan. Section 03.3.1 of the existing Official Plan
states that only one new residential lot can be severed from a lot in the Rural
designation that has an area of at least 36 hectares, provided a lot has not been severed
from the parcel after March 26, 1973. The policy further states that the proposed lot
must "front onto an existing public road that is maintained year round by the Township or
County".
Section H1.4.1 of the Official Plan also states that "it is the policy of the Township not to
provide winter maintenance to these roads (non-winter maintained roads) until such time
as these roads are constructed to municipal standards". The section further indicates
that a dwelling unit cannot be permitted on such a road unless the road is brought up to
municipal standards and maintained on a year round basis. Furthermore, the policy
indicates that the cost of upgrading the road shall be borne by the landowners that will
benefit from the year round maintenance of the road. Lastly, the policy indicates that the
creation of a new lot on such a road is not permitted. It is for this reason that the Suwala
lands are zoned Agricultural/Rural - Hold (AlRU-H). This zoning does not permit the
construction of a dwelling on the property due to the fact that no frontage exists on a
year round maintained municipal road.
Prior to the approval of the current Official Plan, lands within the former Township of Oro
were subject to the policies of the Township of Oro Official Plan, which was prepared in
1984. In 1991, the Ministry of Municipal Affairs and Housing approved Amendment No.
41 to the former Township of Oro Official Plan. This Amendment included policies in the
former Oro Official Plan which dealt with development on unopened, unassumed and
private roads.
The previous Oro Township policy stated very clearly that "it is the policy of the
Township not to permit any development which does not front on an assumed public
road which is maintained year round and is of a standard acceptable to the Township".
The policy further indicates that no severances are permitted on such roads, and winter
maintenance on these roads is not to be provided until such time as these roads have
been upgraded to municipal standards. The development of homes on these roads is
also not permitted unless the road is upgraded.
It should be noted that Council, as part of the recent Official Plan review, reaffirmed the
policies with respect to the creation of lots on roads that are not maintained year round
by the Township.
It should also be noted that the entirety of the Suwala property was placed in the Oro
Moraine Core/Corridor Area designation by virtue of the adoption of OPA 16 by Council
in late 2003. OPA 16 is currently under appeal and is not in effect. Section 81.10,1.4
(Development Policies) of OPA 16 indicates that the creation of new lots for residential
purposes is not permitted on lands within the Oro Moraine - Natural Core/Corridor Area
designation. However, the policy does go on to state that the creation of a new lot may
2
be considered, if the result of the application is the dedication of lands to a public
authority or another non-profit group.
II ANALYSIS:
II
On the basis of the above, it is clear that it has been the policy of the former Township of
Oro, and now the Township of Oro-Medonte to restrict development and lot creation on
roads that are not maintained on a year round basis since at least 1991. It is also noted
that the subject property is not the only one affected by the policy. There are also
properties on Line 2 North (Oro), Line 2 North (Medonte), Line 6 North (Medonte), and
Line 7 North (Medonte) that are affected by the existing policy.
It is typically the responsibility of landowners who wish to access their parcels of land to
upgrade roads to provide that access. This is a common practice in many municipalities
in Ontario. The simple reason for this practice is the desire on the part of municipalities
to ensure that taxpayers do not pay for the costs of upgrading roads and/or services to
benefit private development.
As a result of the above, the only way in which permission could be obtained to build a
single detached dwelling on the property and/or be eligible for a severance of 1 lot
(maximum size 1 hectare) on the property is if the road is upgraded to a standard that
would provide for the year round maintenance of the road by the Township of Oro-
Medonte. According to the Official Plan, those landowners who benefit from such an
upgrade would be responsible for the cost of the upgrading.
The Public Works Department has determined that it would cost approximately
$118,700.00 to upgrade the approximately 600 metres of road from Horseshoe Valley
Road to the Suwala property to ensure that it can be maintained on a year round basis.
The cost is broken down as follows:
. Survey property lines $3,000.00
. Brushing and tree removal$30,000.00
. Grubbing $8,000.00
. Sub-excavation $12,000.00
. Trim and ditch work $3,600.00
. 3 tandems and labour $19,300.00
. 2 inch crushable gravel $13,500.00
. Gravel $15,000.00
. Guide rail $15,000.00
In addition to the above, there may be a need for a road widening on either side of the
hill on the 5th Line. The cost of acquiring the required land has not been included in the
above cost estimate. Please note that this cost estimate has been prepared for this
report/discussion at this time only. A detailed cost estimate would be required
following the preparation of proper engineering drawings.
3
q~-L\
In terms of cost sharing, landowners in Lots 1 and 2 on the east side of the 5th Line
North may be eligible for a severance according to the current and in effect policies of
the Official Plan. There may be an opportunity for Mr. Suwala to cost share the cost of
upgrading the road with these two landowners, if they are interested. However, the
Township cannot compel these two landowners to share in the cost of upgrading the
road, if they are not interested in obtaining any development permissions.
The policies of the Township are very clear with respect to lot creation on roads that are
not maintained on a year round basis. If Mr. Suwala is not inclined to fund the cost of
the upgrading, it would be Planning Department's recommendation to the Committee of
Adjustment to refuse any request for a severance. Mr. Suwala's other option is to
submit an application to amend the Official Plan to provide an exception to the policy.
However, it would be the Planning Department's opinion that they could not support
such an Amendment. Lastly, it is noted that Mr. Suwala wishes to create four separate
lots on the property. As noted above, the Official Plan provides for the creation of only
one new lot (maximize one hectare) and one retained lot. If Mr. Suwala wishes to
develop more than one new lot, an application to amend the Official Plan would be
required.
Despite the current planning policy regime, staff are sympathetic to the proponent's
submission in terms of apparent reliance on advice from former Oro Township
representatives. The proponent has also been active in discussion various Township
policy amendments historically, and is sincere in terms of noble environmental protection
initiatives. To this end, staff wish to encourage the applicant to file immediately an
application for consent for the creation of one additional lot (1 hectare in size), which can
be deferred by the Committee of Adjustment to allow time for the proponent to consider
the cost estimate contained herein and/or opportunities for cost-sharing of same with
other potential benefiting owners. Staff encourage such an application at this time due
to the recent adoption of OPA 16, which is currently under appeal to the Ontario
Municipal Board. As noted above, this amendment, once approved, would introduce
more stringent planning policy which would make support for even one future severance
opportunity on the subject land difficult to support. The filing of an application for
consent prior to these documents coming into force would allow the application to be
"grandfathered" should the proponent wish to proceed with the cost of upgrading of the
road. After consideration of his alternatives, should the proponent decide not to proceed
with the road improvements and severance for the one additional lot, staff are prepared
to recommend a refund of the consent application fee.
II RECOMMENDATION:
II
It is recommended:
1. THAT Council receive this report for information;
2. THAT the proponent be advised that the Township is not in a position at this
time to assume the road improvement costs outlined in this report;
3. THAT the proponent be encouraged to file an application for consent for one
additional lot (1 hectare in size) in order to preserve the limited severance
4
permissions which exist under the current regime should he decide to pursue,
alone or with other landowners, bearing the road improvement cost.
Respectfully submitted,
twQ~~
Bruce Hoppe, MCIP, RPP
Director of Planning
C.A.O. Comments:
Date: ~. r (0:1
CAO.
CY'f,})JJL
/
Dept. Head
5
. ,
M,.. 6- My'" 1ZowSawala- 2.105 tJidwdl-Ild., 1l1lil'2, S~ 'Bay, cJN. LOL 2LO
Mar<:h 28'"., 2005.
Township of Oro-Medonte
Attn: Ms. Marilyn Pennycook, Clerk
Ms Pennycook.
Further to inquiries and conversations with Ms. Andria Leigh, Director of Planning and
others at The Municipality; we request the opportunity to make a deputation before
Mayor Craig and the Council ofOro-Medonte, the day of April 27' .,2005
This relates to a "non maintained in winter" municipal road. acquirill"R building permits
and $Cverances in that same matter.
We are herein attaching all peninent information for you, and thank you for arranging
this is properly received, a copy distributed to each member for their early review. and
placed on the Council's_ARril 27th/05 A2enda.
Kindly confirm this to us at your earliest convenience.
725-1655
A11~MfMt:ff1
;Mr. <fL ;Mrs. 9t $uwofo 2105 tBitf_{[~, 'l<J(#2, Sfumty tBay, ON.. LOL 2L0
March 21"., 2005
Townshtp ofOro-Medonl€
rour IlonOllr Mayor Craig, and Esteemed Councillors
~
REQUEST or SEVElUNCE - on Lot 2 East Yo, ConcS, /00 Acre.~, (Rural) Oro-Medonte
Located approxinuue{v 2000 eel south off Horseshoe Valle)' Rd., on the 5'" Line of Oro
Reasons for thi.. "'que", (1t has bu" reccmm""ded that we In<tke th,S deputatWn)
a) To acquire year round safe access to our property, and obtaill building permits
b) In order to achiew tht." we have been advised that we may have to meet stringenfcriteria
of possible cost sharing for road upgrades to approximately 2500' 011 Line 5-0ro.
cJ Though we could then obtain (1) buildingpermir alld (IJ allowable severance with an
additional building permit, such criteria would be caS/prohibitive jar (2) Building Lots.
d) WE ARE THEREFORE REQUESl1NG (per sketch attached) 4, .:~5 Acre building
!E!!:. (ro perhaps help offset any cost~.hanng expenses, if they were applied to us)
e) Unlike other properties, we are the East h of a lot, and therefore land-locked with NO
alternate access to our land. (.,ee Conclusion/Summary)
f) Our property is OUTSIDE the boundar)' of the restricted Horseshoe Valley Rtf. Special
Policy Area.
Uislon',' (we will t1y to ""ndense our 25 years with Ora)
In appJ'Oxllrll1Jely J 980, The Suwala Family decided /0 become fulliime Ora residents and
purchased prope1'ly. Later, mid-1988, a 100 acre nlral parcel was brought to our af/ention
on Line 5, JUSt sO/lih ojCounry Rd. 22/liorseshoe Valley Rd. Jt7wn \?cwing it, we noticed a
small sign at Horsesho<! Valley Rd., "no winter maimenance ". As the property interested liS,
Mrs. Suwala .cOil/acted the Clerk '.I' office and wa~ told that building permits could be issued,
the road then maintained aI/-year, and school buses travellhere ifrequired.
I then personallv met with ,Reeve Drury in his office the jollowtng da>: whereby he fUrther
confirmed qnd0..sured me thaI indeed they would issue building permits whenever We were
ready, ....ithout any condilioYLf or lime com/ralnt, lhey wOldd then mamtain that road, year-
rowld and schoo~ bus and garhClge collecllon would be available. We were welcomed to 01'0.
'Based on tho.ve IUSlUanus; we purchthed this co.'Illy, beautiful parcellhe ne:x:t day. Wefelt no
need to moke a "ebnd11UJnal" offer, as we had bttt!JI fully sansfied at the high(tSi Uv<l(s at the Tnwn.
In the 90 's we made inquiries about obtaining a building permit and were then given diffiren/
information. Mr. Fred Haugh/on. Public Works Supervisor stated that some cost sharing, for
gravel to upgrade the road approx: 2500- 10 3,000 feet, may be our responsibility. Since
/l,en, after several inquiries to date, we have beell unable to discern from anyone at Ora-
Medonte Tqwnship, approximately what tho,~e costs may be, or if ill fact, an.v cO.w would be
applicable to our circumstance. eo>lt'd
2,
In June 1996, we approached Council requesting year.round MuniclfiolmOi1ltenanCe on
approx: 2500' of Line 5, souTh of Horseshoe Valley Rd to Ollr land.. Our request was denied
In November 1996, we reque.fled TO Council. that ..orneflexibilily be writ/ul info the
revisions for Trcmsporlalion Policies G2.4.J OP A (Non-winter maintained roads), to aIM..
for unusual or exceptional situations an existing Jond<lwner may have. RequeST was denied
Tn June 2003, we agamformally requested /0 The Mayor and Council, their reconSlderatton
/0 mainTain approx: 2500 ft. t<l Line 5, year round /0 allow us permir.~ to build, without cost.
burden 10 us for lhat road upgrade/maintennnce. We understand IhLt can be done I the
Municipality determine rhat the time. or circumslances have ecome approprlale to do so.
Our request was dented
. We had also asked C01l=11 to offer us some proposed solu.tiom /0 nur dilemma.
. We've been consistent in tryJng /0 find a "'ay to utilize our land for our intended purpose.
We are therefore here today with this uquestfor: 4" 25 ACRE Lot.~. from our 100 acres.
We are conscientious landawlwrs and Oro residenls. nol speculators. builders or developers.
We have done extemive work to our land to Improve the lUJtural envir011ment.
We have invested wry significantly in Oro sirUJe 1980.
We have been exceptional stewards o[rhe land, wildlife and the environment in Ora.
We have paid substontial taxes to Oro-Medonte for approximately 25 years.
We have lost. and burled aliI' closestfamily members in Oro cemetenes
We hove considered Ora our home for almast a quarter-century.
IntryinJ{ to find a solution to the obstades the Municipality ha.< perhaps plaad
before us for this significant Oro inve.<tment; we are reque,.tillg Ihi~ severance of:
4, 25 Acre, cOllntry.estnte Building lfit$, each having approximately 500' frontage
on Li"e 5, and a depth into the woods of approximalely 2,000'
.
Reasons for relfue.mJlf: 4. 25 Acre lots:
1) If the possibility of any cost-s/UJring obligaliollS for road upgrades are applied /0 liS;
(FOUR, 25 acre BUILDING LOTS) would be the very mi17imum number of lots, that may
make any cost-sharing viable. Two building lots could no/ supporl any suggested added costs.
2) The soil/topography easi~v supports 4, 25 Acre Estate parcels, for sepric and drainage.
3) These large acreages would have ahsnluldy NO negative impact visually,
environmentally or aesthetically on the beautiful scenery and terrain.
4) TJwse large acreages would allow for eligibilityfor "Managed Foresl" Plan~
(Further assuring sound forestry, wildlife and ecology practices and protection)
5) These large acreag'is allow contiguous jorests across the rear ojth'i lots, and when
combined With l.and.~ adjacent to thi! north, west and south: mainiain Oro's beauty.
6) Each 25 acre parcel is manageable. for good Forest Steward~hip and wild/1ft habitat.
Cont'd
;,u";"'''''''
3.
7) Though even tHon lots may be more Vlablefor our/aml!y; we aI'e cOilcermd to Ntaln the
existing beauty, protect the environment, wildlife, Oro sereneness, and that quality of life.
8) We are saddened (It the congestion, spoilage, golf courses, fertilizers and pol/mams In all
The Horseshoe developments; we do noi wish to create any adversefeatures whatsoever.
9) We The oWller! taxpayer for J 7 years, Nt.ED and deserve to be able to utilise our land as
we intended, and as we had been assured we could, b senior M'unid alO cers, create
our homes Ihere, or at least, be able to ()ffer it to someOne elsejiJI' that purpose. resently we
are wonderfUl parkland, ellJoyed freely and very frequently, by adjacent residefltS. horse-
riders, snowmobilers, skiers, Mlcers, motorbikes, conservationists, botanists and those
scavenging wood, wildflC/Wers, trees, rock, making campsites or dumping large garbage.
10) Arount/ J 980 we were unable to find allY remnte, wooded 25 or 50 acre parcels in Oro.
ThaT size was desirable then, and more so now; umpoiled and wmoticeable on country
gravel road., compar..d ro small crowded lats, pavement, smetlighting and density.
J J) Not everyone wishes ro reside In congested subdlvisiolLs surrounded by pavement and
bright ltghts,. when dwelling in the COUI1try.
J 2) 25 Acres may attract environmentally sensitive people who value privacy, nature/wildlife.
J 3) These lots, lilcely with upscale homes, could gel1erate strong additional tax revenues for
Oro_Medonte (rather than the currmt vacant .'tat'c')
14) 25 Acres may enwurage sugarbush, gInseng, wildflower gardeILI" wildlife habitat, forest
management and conservation activities; sound old:fashlOned /'urallifestyle.
J 5) Our rolling, sandy, stoney soil is Mt suited to agriculture.
16) Natural (}as lines are within 2000 feet of our property line.
J 7) Hydro Cables are buried within 200 feet of our prop.my hl1e.
18) We are requoong anI)' the bare minimum Jlumber of lots which perltap., may mJ1Ae
any road cost-sharing; if applied to us to obtain building permits, viable; nothing nwre.
19) FoW'lots, (rather than 2) and those additional homes with that added tax base, makes
year round road maintenance justified. feasible and economically sensible.
20) This parcells pn'me re.,ilknrlal land located in the center of a very popular recreational
area, and close to all amenities, but Outside The restrided HorSR.shoe Valley Rd. Special
Policy Area (Corrider)
We lookforward to expanding on the benefits of our severance proposal We believe that (FOUR)
secluded estafe-country lots wOllld be attractive, desirable, and oiftr a superior option to those
not wanting to dwell iru;ongesttt.d over-developed subdiVisions, but wish to be Oro resilknts.
The positive aspects of this severaru;e. outweigh any and all puceived negative e,ffecTs.
Cont'd
~Jw~LC.
4,
We respectfully and officially ask again,for a reply in writing to thefollowing questions.
i. Will the MUl1icipabty provide year.rOlmd road maintenance approximately 2500 fI; on Line 5,
to our land as we had been originally assured, withoutfmclIlcial-cnst to /is? If not. why not?
2. Will the MunlCipalIT)' grant liS a single severance and building permits Without financial
obligations to us. for road upgrades? Ifnot. why not? We hlrVC been constant taxpayers.
3. If the above options are not granret/, willlhe MlInicipallly then promptly advise us in writing,
what cnterla they requtre, or whal cost to U,S, in order Ihat we may immediately aquire Ihe
severances and building permiTS we request.
4. Does the Mzmicipality understand the position we have been placed In: h0\1n8 purchased land
based 0/1 ceflaJn assurances from the Municipality, later 10 be told OIherwise.
(No family would ever purchase a rural, residential proputy if told that road upgrades at their
QWn expense would be required to obtain a permit In build)
.5. Will the Hunjcipt1li~1' therefore approve th!!p'roposed s~efo~: 4, 25Acre ~uilding lot~
and builtunK pumitv for each of them
In CondusionlSummary:
Our situation seems to be unique, with special circumstances. Line 5 is a Concession Rd.
Our request today/or SEVERANCE for FOUR 25 Acre BUlLDJNG LOTS on our J 00 Acres, IS
the result of our previously failed attempts to htn'e an affirmative response from The
Municipality to our formal requests for year rou nd mamtenance on appraximatel)' 2500 feet of
Line 5. without cost. to us, and subsequenr issuance of per mils to build on our land .AIl denied.
Secondly and vel}' significant?'; we have no possibility to joint venture or cost-share with
neighbouring landow"ers on Line 5, as they each alreatly have aitemote, and full acceSS to
their land and home.._We conver..elf, hln'e NO alternate option.. and are unique.
WT i. CONC 5: Oro Htfls Subdivision access their homes off Horseshoe Valley Rd.
LOT 2, CONe. 5: East ~- Suwala Family (completely Land Locked, wilhcrnt proper access)
WT 3, CONC 5: Rear 0/ farm that goes through to the 4"' Line, having their home access there.
LOT 1 .CONC 6: This parcel is accessible off Horseshoe Valley Rd.
LOT 2, CONe.6 "Arranged" access via SugarBush Subdivision, acquired pCl'mlts,bullt a home
LOTs hCONC 6: Simcoe County Forests
Most significantly:
Prior to our 1996 requestfor permits and revisions, we carefJllly revie:wed OPA policies
and now again, tile current OPA Section Hl.4
Based on that review, we respectfully submjt thai Line 5 between Cty.Rd.22 &: BlL'iS Lake Rd.,
"'.... not comtructetl to allow or vehicular tra c, on a "s"ell3onal !!.t!.<1.S onlv.". We .\./tbmlt that
there being no homes on t is stretch of ine 5, the MUl1icipa ity sensibly elected to omit this
sttetch of the ConceSSion Road, (Cty.Rd.22 to Bass Lake Rd.) from rhetr winter mainrentlJtce
program Line 5 is II bona-fide Concession Rd, not unlike others In Oro-Medonfe. COnI a
U.ilo.LC.
5.
Decisions and applications Ihat may have been appropriate for rhese roads when eonsrructed.
may no longer be sensible, meet the needs oj CI/rrent times, or allow for special circumstances,
change, or growth in the Township. In some instances policies may be outdated, or need simple
revistOn. Revisions, or provisions for exceptional circumstances. need not Jcopardize the goals of
Oro-Medontfl.
This Concession Road (LIne 5), has been regularly travelled by vehicles, sometimes 9 months of
rhe year, and by snowmobiles and ATV's, 12 months yearly, since we have resided in Ora. This
part of Line 5 lies In the centre of a growrh area. The only factor pTese.nJ~V prew,ding J'ear
round vehicular travel, Is the absence of Municipal s"ow ploughillg.
A srrerch of Line 5, north ofety. Rd. 22, is similar ropograph}: and maimained year round, 10
acceSs approximately 8 dwellings. Line 5; sOlllh v,(Bass Lake Rd., to Ihe lake, is 01.10 fully
mninlained.
We believe that our lal1d siluation alld circumstance i.~ distinct.
We respectjitlly thank you for your kindness and time in reviewing this proposal.
Our original inquiries, and all our requests pre-date many policy changes.
We are "grand.Jathered" back to pre-1988 factors. We relied 011 assurances (rom Municipal
Officers. We do 1I0t presume that Lind, was cOllStructed for the pllrpose as descrtbed ill policy
Hl.4.1 ,and therefore contend that cO/1dition~ In policy Hl.4, s!lo"ld-not apply toour location.
We are looking to you for sincere unders/muting. After 17 years, we need and deserve a prompt,
muluL1l1y sa/isfactolY resolllt/on to 0111' difliGll1r and very lI17sartsfactoJY sltlCalion.
V";.v sincerely,
c/f/
~~:7~!!;...r!." ~rs/~~~~wala
i ,"'<:y~
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