Loading...
09 07 2005 Council AgendaTOWNSHIP OF ORO- MEDONTE COUNCIL MEETING AGENDA COUNCIL CHAMBERS DATE: WEDNESDAY, SEPTEMBER 7, 2005 TIME: 7:00 P.M. 1. OPENING OF MEETING BY THE MAYOR 2. PRAYER /CONTEMPLATION /REFLECTION 3. NOTICE OF ADDITIONS 4. ADOPTION OF AGENDA 5. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF — IN ACCORDANCE WITH THE ACT" 6. MINUTES OF PREVIOUS MEETINGS: a) Minutes of Special Council Meeting of August 10, 2005. 7. RECOGNITION OF ACHIEVEMENTS: a) Brian Bell, Certified Building Code Official (CBCO), Designation. b) Deborah Micks, Records Management Practice Professional Learning Certificate. c) Correspondence dated August 10, 2005 from Sue -Ellen Boyes and Jeff Schreiter re: letter of appreciation, Shanty Bay Ball Diamond. 8. PUBLIC MEETINGS: None. 9. DEPUTATIONS: a) Keith Sherman, Coordinator, Severn Sound Environmental Association, re: Sustainabiiity Plan for the Severn Sound Area. 10. CONSENT AGENDA CORRESPONDENCE: a) Nottawasaga Valley Conservation Authority, minutes of June 10, 2005 meeting. Staff Recommendation: Receipt. b) Midland Public Library Board, minutes of April 14, 2005 meeting. Staff Recommendation: Receipt. c) Joe Volpe, P.C., M.P., Minister of Citizenship and Immigration, correspondence dated August, 2005 re: Proclamation Request, October 17 -23, 2005, "Canada's Citizenship Week ". Staff Recommendation: Receipt, endorse and post to the Township's website. d) John B. Watkins, Board Chair, Orillia Soldiers' Memorial Hospital, correspondence dated July 20, 2005 re: Soldiers' Memorial Hospital Board Composition. Staff Recommendation: Receipt. e) Dianne Webster, Co- ordinator, Telecare Orillia Distress Line, correspondence dated August 22, 2005, re: letter of appreciation. Staff Recommendation: Receipt. f) Susan Woods, Shanty Bay Festival Committee Chair, correspondence dated August 22, 2005 re: letter of appreciation. Staff Recommendation: Receipt. g) Lake Simcoe Region Conservation Authority, minutes of June 24,2005 meeting. Staff Recommendation: Receipt. 11. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN: None. 12. REPORTS OF MUNICIPAL OFFICERS: a) Report No. EES 2005 -029, Keith Mathieson, Director of Engineering and Environmental Services, re: Josh McKay and Lyndsay Johnston — Water Service Connection Agreement — 4 Maplewood Parkway — Plan M22, Pt. Block C, R.P. 51 R- 32833, Part 2 [Refer to Item 16b)]. b) Report No. EES 2005 -030, Keith Mathieson, Director of Engineering and Environmental Services, re: Bill Shaw — Water Service Connection Agreement — 2 Maplewood Parkway — Plan M22, Pt. Block C, R.P. 51 R- 32833, Part 3 [Refer to Item 16c)]. c) Report No. EES 2005 -031, Keith Mathieson, Director of Engineering and Environmental Services, re: County of Simcoe — Standardization of Optional Waste Management Programs for 2006. d) Report No. PR 2005 -06, Chris Carter, Manager of Recreation and Community Services, re: Tender Contract re: PR 2005 -01 (Community Arena Concession Booth). e) Report No. FD 2005 -15, Joe Casey, Director of Fire and Emergency Services, re: Moonstone Fire Hall Update (as of August 29, 2005). (to be distributed at the meeting) f) Deputy Mayor Hughes, re: Presentation of 2005 Provincial Senior of the Year Award. 13. REPORTS OF COMMITTEES: a) Minutes of Committee of the Whole meeting held August 10, 2005. b) Minutes of Committee of Adjustment meeting held August 11, 2005. 14. COMMUNICATIONS: a) Doreen Atkinson, Member of the Board, Oro - Medonte Horticultural Society, correspondence dated August 2, 2005 re: Request for Secured Storage Space at Guthrie Arena. b) Brent Stitt, correspondence dated August 11, 2005 re: Community Project. c) Monique Burnett, correspondence dated August 17, 2005 re: Woodland Drive Speed Reduction Request. d) Dave and Jenn Dahinten, correspondence dated August 17, 2005 re: 69 Mount St. Louis Road West. 15. IN- CAMERA: a) Jennifer Zieleniewski, CAO, re: Personnel Matter. b) Jennifer Zieleniewski, CAO, re: Personnel Matter. 16. BY -LAWS: a) By -Law No. 2005 -088 A By -law to Authorize the Execution of an Agreement between The Corporation of the Township of Oro - Medonte and Hillway Equipment Ltd. b) By -Law No. 2005 -089 A By -law to Enter into a Water Service Connection Agreement between The Corporation of the Township of Oro - Medonte and Josh McKay and Lyndsay Johnston. c) By -Law No. 2005 -090 A By -law to Enter into a Water Service Connection Agreement between The Corporation of the Township of Oro - Medonte and Bill Shaw. d) By -Law No. 2005 -091 A By -law to Appoint Licensing Officers and to Repeal By -law No. 2004 -114. 17. CONFIRMATION BY -LAW NO. 2005 -087. 18. QUESTIONS AND ANNOUNCEMENTS 19. ADJOURNMENT ADDENDUM COUNCIL MEETING Wednesday, September 7, 2005 3. NOTICE OF ADDITIONS a) Request dated September 6, 2005 from Peter Maxwell, re: Deputation. 12. REPORTS OF MUNICIPAL OFFICERS: g) Jennifer Zieleniewski, CAO, re: September 4, 2005 correspondence from Robert O'Hara, Committee of Adjustment Consent Application 2005 -B -38 [Refer to Item 14e)]. h) Report No. ADM 2005 -038, Marilyn Pennycook, Clerk, re: Request for Exemption — Shanty Bay Festival Bicycle Parade. 14. COMMUNICATIONS: e) Robert O'Hara for Pemberton Lane Association, correspondence dated September 4, 2005 re: Request for Deferral of Hearing regarding Application for Consent Submission No. 2005 -B -38. f) Julian Fantino, Commissioner of Emergency Management, Ministry of Community Safety and Correctional Services, correspondence dated September 1, 2005 re: Hurricane Katrina Relief Efforts. 09105/2005 13:35 14153249854 clerkMoro- medonte,ca, 0,433 � 9 1612 To: clerk @oro-medonte;ca From: Peter Maxwell <0J @cdrtfl4fshoE Subject: re: Deputation E�efpre:C7to M€ Cc: planner @oro- medonte.td,;j itpnnin Bcc: Attached: September 6, 2005 via facsimile and email, Marilyn Pennycook Clerk of Oro- Medonte T©wnship Email: clerk @oro- medohte.ca Phone: (705) 487-2171 Fax: (705) 487 -0133 Dear Marilyn, THE CD ROM SHOP before Oro - Medonte council re: Planning and Zoning I hope you had a relaxin� and ergoyable to weekend. Thank you for taking the time tb speak wig me last Thursday, September 1, 2005 at 4:20pm to let me kno+iv that l hard miss the deadline to request to make a deputation before the l;ounoil at the Sep mber 7th 7pm meeting. 1 had not realized at the time (Sent you the, fax request of September 1, that the holiday Monday Jn oulti, mpein there l)rras not four business days before the Counci[ImeeHtlg'I should (fay more attention to the calendar! As per our discussion of last Thursday, I Wpuld like to make a request for a deputation a; the September 7, 2005 touncA;meeting asIlper Procedural By -Law 15 that you told me about. The rrtatter as per? y fax of September 1, 2005 will be the planning process;and #tXe tirnety release of documents to residents. Please note that this is dist+rtct request frDm that of Robert H. O'Hara. If we can hear back in wtiti e Committee of Adjustment that a deferment of the Application for Consent ubtYtissdn Number 2005 -B -38 has been granted, I would be more than w JI tcf utthdraw retry request at that time. } If you have any questloM or querns, please feel free to call meat (416) 972-9810. Many thanks for taking Oro tim0o,speak w th me last week and for your help in this matter. it is greatly appreciated. Be Peter Maxwell 1 Pemberton Lane, Shahty Bay i P.S. I do not seem to be`able t6tot ate the ro- Medonte Procedural Bylaw I Printed for Peter PAGE 01 re: Plannir SQ_I 09/06%2005 13:36 14169246864 THE CD ROM SHOP PAGE 02 I i clerk pro medonte ca, 0 l 33 f' "��$f2oo6, a Deputation before Oro- Medonte council re: Plannir _ ,I on your web site. It you 46uld.polnt me to itl or email me a copy, that would be great! Peter Maxwell pj @cbror7shop.00M, » »» The CD-ROM 'hop «« Visit our online Web catalog featuring 21,00+ CD -ROM titles IN STOCK for PC, Mac and Linux WWW: http:llwww.cdrt756tal-Fr6e! shop, Gam Phone; +1 (416) 413 -9& Fax:*'j (4, �2 t -8864 Orders: Call (800) 999- (Ul and Canada) a 7 'i i i TOWNSHIP OF ORO- MEDONTE MEMORANDUM To: JENNIFER ZIELENIEWSKI cc Date. 6 JULY 2005 Subject: BRIAN BELL— CERTIFIED BUILDING CODE OFFICIAL (CBCO) DESIGNATION The Certified Building Code Official (CBCO) Designation from the Ontario Building Officials Association is a multi- tiered component which requires Ontario Building Code knowledge in all aspects of the Code. For example Legal, Plumbing, Part 9 Small Buildings & Housing and Part 3 — Large Buildings. A minimum of 3 years municipal experience is also required. The CBCO designation forms an integral part of the Building Official job description. Mr. Bell when hired had the Building Code Qualified (BCQ) designation from the Ontario Building Officials Association which is identical except for the 3 years municipal experience requirement. Brian Bell has now completed all aspects of the Certified Building Code Official (CBCO) Designation from the Ontario Building Officials Association. The CBCO Certificate (attached) was issued in the month of June, 2005. Another example of the high employee standards required by the Township of Oro - Medonte. Ontario Building Officials Association THIS IS TO CERTIFY THAT Brian R. Bell having fulfilled the requirements for certification has been registered in accordance with the provisions of the Ontario Building Officials Association Act as a Certified Building Code Official with all its rights, privileges, and responsibilities in the Province of Ontario Given under the corporate seal of the Association this seventh day of June, 2005 /Z� L �- CB CO REGISTRAR c )PRESIDENT Member since lanumy 1, 2000 Registration No. 2118 THIS CERTIFICATE REMAINS THE PROPERTY OF THE ASSOCIATION AND MUST BE SURRENDERED WHEN MEMBERSHIP CEASES CBC( This is to certify that Deborah �Vticks has successfully completed the requirements for the Professional Learning Certificate in Records Management Practice Association of RicoroeNnagens and Administrators - Tor&DV Chapter ,, Tamed# Cda,ater fA RMA� INIFOXATIOXAL+ With Distinction July 11, 2005 Onal Learning Centre F Information Studies University of Toronto Page 1 of l IC, Paul Marshall From: "Sue -Ellen Boyes" To: 'Paul Marshall' <paul.marshall @oro- medonte.ca> Sent: Wednesday, August 10, 2005 12:38 PM Subject: many thanks Hello Paul Marshall Many thanks to you for your quick response to the troubles we were having with the shanty bay park users! I wanted to let you know that the Town yesterday lifted all the trees running along the park fence line and it has made a huge difference already (looks better on the park side, too). The portapotty has been a welcome solution as well. Will you please also extend our appreciation to your colleagues at Oro - Medonte. cheers Sue -Ellen and Jeff Schreiter Sue -Ellen Boyes Plumb Line Communications 1990 Ridge Road West Shanty Bay ON LOL 21-0 tel : 705- 737 -4556 e: seboye�@rogers.com fax: 705- 737 -1671 8/10/2005 August 2, 2005 Dear Municipal Partner yid - Severn Sound Environdnental Association 67 Fourth Street Midland, Ontario LAR 9S9 (705) 527 -5166 - FAX (705) 527 -5167 Email: ksherman'aitown.midland.un . ca webslte: ) �wwsevemsouod.ea We have been offered an opportunity from the Federation of Canadian Municipalities (FCM) to work together on a project that will benefit all municipalities in the Severn Sound area. The FCM will provide 50% funding for a special project that will lead to the development of a Sustainability Plan for the Severn Sound area. In order to take advantage of this funding we must be able to commit to a multi -year (3 -year) project. The FCM and our federal partner, Environment Canada, require a commitment of interest by the end of this month to support the work. In essence, this will require pre - budget approval for 2006 of nine municipal partners by August 31, 2005. In order to provide you with more details and to confirm the path forward, we have arranged an evening meeting on August 25`t' between 7 and 9 pm at the North Simcoe Sports and Recreation Centre, 527 Len Self Boulevard in Midland. We hope that all members of Councils and CAOs will attend. Please let either Michele Locke or me know that you can attend so that we can prepare refreshments. Yours Truly, Keith Sherman, Coordinator Severn Sound Environmental Association VW WHEREAS: municipalities will be required to demonstrate a coordinated approach to community sustainability which integrates sustainable objectives in community planning; collaboration with other municipalities; and engages residents in determining a long term vision for the future of the community; AND WHEREAS: the Severn Sound Environmental Association is prepared to submit an Application for joint funding to the Federation of Canadian Municipalities with the support of the nine municipalities in the Severn Sound area to develop a sustainability plan for the Severn Sound watershed community; BE IT RESOLVED THAT: Council approve in principle the Township's participation in the Severn Sound Environmental Association Project to develop a Sustainability Plan for the Severn Sound area and grant pre- budget approval of $ 5,170.00 for the Township's 2006 share of the project. Community Sustainability Plan Severn Sound Environmental Association Canadg CA The mission of the Severn Sound Environmental Association is to restore and to sustain environmental quality and to ensure continued protection through a legacy of wise stewardship of Severn Sound and its tributaries. Severn. Sound Area Sustainabihty ■ Now that the Severn Sound Area of Concern has been de- listed, the Severn Sound Environmental Association's goal is to complete the transition from the Remedial Action Plan program to a locally sustained environmental office, providing cost effective environmental management that will sustain improvements achieved through the RAP process. ■ The Association is now focusing on the future — beyond the completion of the RAP de- listing mandate and developing a sustainability plan for the Severn Sound watershed community. ■ We have an opportunity to define what it means to be a Sustainable Community in this area. A clean, healthy community with environmental integrity encourages sustainability - in economic growth and stability, ecosystem health and a vibrant lifestyle for residents. Over the next 4 years the Project will: • Focus on watershed region as a whole • Build on the RAP and build capacity of the area's ecosystems to safely absorb the impact of current and future human activity • Engage stakeholders throughout the community in articulating and applying a common vision for a sustainable future • Assemble a framework for watershed stewardship used to educate, assess, measure, implement and model how a sustainable community will work C� AO Benefits to the Municipalities ■ Individual municipalities must develop a sustainability plan in order to access funding programs for a variety of activities including infrastructure Li New Deal for Cities & Communities Agreement (June 17, 2005) states: "municipalities will be required to demonstrate... a coordinated approach to community sustainability; reflected and integrated sustainable objectives in community planning; collaboration with other municipalities; and engaging residents in determining a long term vision..." (Schedule G) ■ An integrated plan will allow coordination of efforts and sharing of information amongst all Severn Sound municipalities Benefits to the Municipalities cont'd • Engagement of stakeholders on an area -wide basis • Sharing of gap analysis, official plans and approaches of other municipalities C1, ; Melbourne Principles United Nations Environment Programme International Council for Local Environmental Initiatives Ten Principles providing a framework that embraces the "triple bottom line ": equal consideration of Economic - Environmental - Social factors in decision - making. FCM Project funding Municipality 2005 Tiny Penetanguishene .. • Tay Severn Oro- Medonte Springwater 2006 2007 $25300 $25300 N $2,300 $4,106 $4,106 $4,106 $3,644 $5,170 $2,566 .. $5,845 , . ., IR .. . $5,170 $2,566 'R .. . $2,566 Total $6,899 $12,317 $21,746 $17,535 $10,931 $15,509 $7,697 Georgian Bay $2,254 $29254 $29254 $6,762 Orillia $1,869 $1,869 $15869 $5,607 Total Municipal funding: $20,000 $35,000 $35,000 $355000 $125,000 FCM funding $20,000 $357000 $35,000 $357000 $125,000 Total Project: $40,000 $70,000 $70,000 $70,000 250,000 Request • Municipal pre- budget approval for 2006 • Participation in Consultation and Development of the plan (staff time) N.V.C.A. FULL AUTHORITY ANNUAL MEETING #6/05 Date: Friday, 10 June 2005 Location: Tiffin Centre for Conservation John L. Jose Environmental Learning Centre MINUTES PRESENT: Chair Chris Carrier Vice Chair: Walter Benotto Members: Mary Brett Orville Brown Terry Dowdall Tom Elliott Wayman Fairweather Ruth Fountain Tony Guergis Ron Henderson Ralph Hough Kathy Jeffrey Ian Lang Bob Marrs Ken McGhee Gord Montgomery Brian Mullin Michael Prowse George Sheffer Ron Simpson Joan Sutherland Barry Ward REGRETS: Lynn Dollin Jennifer Lavoie Gary Matthews Mike McWilliam STAFF PRESENT: CAO /Secretary- Treasurer Director of Land & Water Stewardship Sery Director of Engineering & Technical Serv. Senior Planner Manager of Stewardship Services Manager of Finance RECORDER: Administrative Assistant 1. MEETING CALLED TO ORDER Chris Carrier, Chair, called the meeting to order at 9:00 a.m. Wayne Wilson Byron Wesson Glenn Switzer Bev Booth Fred Dobbs Susan Whitters Laurie Barron !(�)a -\ FULL AUTHORITY ANNUAL MEETING MINUTES NO. 6/05 10 June, 2005 Page 2 of 6 V� ; r' ANNOUNCEMENT Chair Carrier announced the passing of Mr. James (Jim) Wales. Jim was a member of the the Full Authority for 23 years. He was a mentor and known as a man of integrity and great political skill. Jim will be sadly missed by his colleagues at the NVCA. 1. ADOPTION OF AGENDA RES. #1 MOVED BY: Walter Benotto SECONDED BY: Ken McGhee RESOLVED THAT: The Agenda for Full Authority Meeting #06/05, dated 10 June 2005, be adopted as presented Carried; 2. PECUNIARY INTEREST DECLARATION None declared 3. MINUTES RES. #2 MOVED BY: Ken McGhee SECONDED BY: Bob Marrs 3.1 Minutes of Full Authority Meeting 05 -05 , 13 May 2005: RESOLVED THAT: The Minutes of Full Authority Meeting 05 -05, dated 13 May 2005, be approved. Carried; 4. BUSINESS ARISING FROM MINUTES None noted. 5. STAFF REPORTS MANAGER OF ADMINISTRATION & HUMAN RESOURCES 5.1 Salary Administration — Personal Development Plan /Performance Review. *Note: Questions regarding clarification around the New Hire Section of the Policy. The Chair directed staff to provide further clarification. FULL AUTHORITY ANNUAL MEETING MINUTES NO. 6/05 10 June, 2005 Page 3 of 6 RES. # 3 MOVED BY: Bob Marrs SECONDED BY: George Sheffer RESOLVED THAT: The Salary Administration — Personal Development Plan /Performance Review Policy & Procedure be approved by the Full Authority. Carried Unanimously; 5.2 Purchasing & Purchase Orders Policy & Procedure. RES # 4 MOVED BY: Ron Simpson SECONDED BY: George Sheffer RESOLVED THAT: The Purchasing & Purchase Orders Policy & Procedure be approved by the Full Authority. ....Carried;. CAO /SECRETARY TREASURER AND MANAGER OF FINANCE 5.3 Statement of Operations Summary for the Period ending April 30, 2005. RES # 5 MOVED BY: Ruth Fountain SECONDED BY: Bob Marrs RESOLVED THAT: The Statement of Operations Summary for the Period ending April 30, 2005 be received. Carried; 6. IN CAMERA RES # 6 MOVED BY: Ruth Fountain SECONDED BY: Bob Marrs RESOLVED THAT: This meeting of the Full Authority No. 06 -05 go "In- Camera" at 9:33 a.m. to address matters pertaining to a proposed or pending acquisition /disposition /leasing of land for Authority purposes, and; THAT: All senior staff are in attendance. Carried; 7. OUT OF IN CAMERA RES #7 MOVED BY: Ralph Hough SECONDED BY: Orville Brown RESOLVED THAT: This meeting of the Full Authority No. 06 -05 come out of "In- Camera" at 9:43 a.m. �;ci FULL AUTHORITY ANNUAL MEETING MINUTES NO. 6/05 10 June, 2005 Page 4 of 6 Carried; 8. STAFF PRESENTATION Byron Wesson, Director of Land and Water Stewardship Services, on behalf of the Friends of the Minesing Swamp re: The Nottawasaga Lookout (land fill) educational and tourist opportunities. This location, currently a landfill site, has the potential to be a lookout point where the Nottawasaga Bay, Minesing Swamp, Wasaga Beach, the Niagara Escarpment, just to name a few, are visible from one vantage point. To take advantage of this opportunity, Friends of the Minesing Swamp proposed to develop: a visitor parking lot, a walkway to the summit of the site, a series of interpretive sign boards depicting the history and view, a trail linking with the Trans Canada and 9 -Mile Portage trail systems, and a large icon symbolizing the native people as they traveled into and around this country. The icon would be a 35 -foot high native figure posed in a viewing stance, visible from the top of Blue Mountain with the naked- eye. It would - serve -as -a local- focal - point, tourist - attraction and well- recognized landmark. The Nottawasaga Lookout project will be made possible with support from all levels of government, agencies, interest groups and citizens. It can begin in 2006 with the redesign of George Johnston Rd. The storyboard and statue will happen when designs are finalized and monies become available. Byron concluded by requesting the Full Authority's endorsement in principle of this concept, and future consideration of work for services 'in kind' as well as financial support as the project evolves. RES # 8 MOVED BY: Ruth Fountain SECONDED BY: Orville Brown WHEREAS: The Friends of Minesing Swamp have worked to develop a partnership between themselves, the County of Simcoe, Mijikkaning First Nations and Springwater Township for the reclaiming of an abandoned land fill site to a tourist destination that would ensure important communication and revenue opportunities; and, WHEREAS: A request to the NVCA has been made to be a part of this project; therefore, BE IT RESOLVED: That the NVCA Full Authority endorse the concept in principle; and, THAT: Staff continue to work with all applicable agencies to move this initiative forward. Carried unanimously; 9. NEW BUSINESS None noted. FULL AUTHORITY ANNUAL MEETING MINUTES NO. 6/05 10 June, 2005 Page 5 of 6 10. CORRESPONDENCE: (a) Joint media release dated May 24/05 re: Need for clear commitment to source water protection legislation and appropriate funding. (b) Government of Ontario news article sent May 20/05 re: McGuinty government fixing flawed water regulation for businesses and public facilities. (c) Government of Ontario news article sent May 20/05 re: Improvement made to water quality monitoring in streams and rivers. (d) Memorandum to all conservation authorities dated May 20/05 from Rob Messervey, Manager, Water Resources Section re: 05/06 capital program for CA dam repairs and studies (e) Letter to Susan Richards, Manager, Administration and Human Resources dated May 20/05 from MPP Bill Murdoch, Burce- Grey -Owen Sound re: Received copy of Winter /Spring NVCA Highlights (f) Letter to Wayne Wilson, CAO- Secretary- Treasurer dated May 17/05 from Keith J. McNenly, AMCT, CAO and Clerk re: Extension of Temporary Mono Representative (g) Letter sent to Honourable Ministers as per list dated May 17/05 from President Brent Lanktree, Blue Mountain Watershed Trust Foundation re: Support needed to preserve the Silver Creek Complex Provincially Significant Wetland (h) Article from the May 9/05 edition of the Toronto Star re: Proposed Places to Grow Act. (i) Letter and enclosed documents sent to CA Communication Staff dated May 2/05 from Jane Lewington, Marketing and Communications re: Copies of CO's 2004 Annual Report. Q) Letter to Hannah Evans, Ministry of Public Infrastructure Renewal — Ontario Growth Secretariat dated April 26/05 from Bonnie Fox, Policy and Planning Specialist re: Comments on draft Growth Plan for Greater Golden Horseshoe. (k) Letter to MPP Linda Jeffrey, Chair of Standing Committee on General Government dated April 25/05 from Peter Krause, Chair of Conservation Ontario re: Comments on draft Growth Plan for Greater Golden Horseshoe (1) Minutes of Conservation Ontario Council Meeting held on April 25105. (m) Conservation Ontario Council organization chart dated April 15/05. FULL AUTHORITY ANNUAL MEETING MINUTES NO. 6/05 10 June, 2005 Page 6 of 6 RES # 9 MOVED BY: Wayman Fairweather SECONDED BY: Kathy Jeffery RESOLVED THAT: Correspondence not specifically dealt with be placed on file. Carried; 11. FUTURE MEETINGS /EVENTS: Executive Meeting —June 24/05 Full Authority — August 12105 12. ADJOURNMENT TO ADVISORY COMMITTEES RES # 10 MOVED BY: Kathy Jeffery SECONDED BY: Wayman Fairweather RESOLVED THAT: This meeting adjourn at 10:38 a.m. to meet again at the call of the Chair Chris Carrier, Chair Dated on the 12th day of August, 2005 Carried; Wayne R. Wilson, CAO /Secretary- Treasurer yob- � MIDLAND PUBLIC LIBRARY BOARD MEETING Page 1 of 5 DATE: April 14, 2005 LOCATION: Midland Public Library Boardroom PRESENT: G.A. Walker, C. Moore, J. Swick, A. Campbell, R. Allard, B. Trounce, Oz Parsons, B Desroches REGRETS: A. Wilkes STAFF: G. Griffith, Recording Secretary, B. Molesworth, CEO ITEM ISSUE ACTION 1. Call to order 2. 3. 4. G.A. Walker called the meeting to order at 7:00 p.m. Approval of the agenda Additions: 6. Reports of Board Committees 6.1 Finance Committee 6.1.1 Dynix purchase Moved by: R. Allard Seconded by: C. Moore That the agenda be approved as amended. Approval of the minutes of the previous meeting Moved by: R. Allard Seconded by: A. Campbell That the minutes of the Board meeting held on March 10, 2005 be approved. Business arising from the minutes 4.1 Tiny Township Contract B. Molesworth distributed copies of minutes from a meeting held at the Penetanguishene Public Library regarding the re- negotiation of the Tiny Township service contract. The meeting was attended by the CEO's and Finance Chairs of the three Libraries affected, Midland, Penetanguishene and Springwater. A new fee structure was discussed based on a per household flat fee with an annual percentage increase in order to eventually have Tiny paying their fair share in relation to what a Midland taxpayer pays. rem N ]13111 .. 1 AUG h 7 2005 DATE: April 14, 2005 MIDLAND PUBLIC LIBRARY BOARD MEETING LOCATION: Midland Public Library Boardroom Page 2 of 5 ITEM ISSUE ACTION 4.1 Tiny Township Contract — continued In the past, Tiny has only paid for households that actually use our Library. B. Molesworth and A. Campbell will be attending another meeting on April 18`h to bring back the Library Board's response to this new fee structure. If accepted by the three Boards and Tiny the new contract would come into effect January 1, 2006. B. Molesworth stated that all three boards had agreed unanimously to stand together on this issue. G.A. Walker asked the Board for their comments on this proposal. B. Trounce stated that the annual percentage increase may not be enough and that it would take too long for Tiny to catch up. She suggested that a line be included like the one in the current contract which states that the contract may be re- negotiated with prior notification by a certain date. R. Allard asked how the money would be divided up. B. Molesworth responded that it would be based on the percentage of households each Library signed up. Presumably Tiny residents would still only be able to choose one Library and household contracts would still be filled out and submitted to Tiny Township. G.A. Walker called for a motion. Moved by: R. Allard Seconded by: O. Parsons That the Midland Public Library Board supports the new formula for base funding in a new contract with Tiny Township as proposed in the minutes of the meeting held in Penetanguishene March 21, 2005 at 9:30 a.m. G.A. Walker asked that the minutes note that the motion was carried unanimously. 3' DATE: April 14, 2005 ITEM 5. MIDLAND PUBLIC LIBRARY BOARD MEETING Approval of the accounts V�)b23 LOCATION: Midland Public Library Boardroom ISSUE Moved by: A. Campbell Seconded by: B. Desroches That the accounts for the months of February & March 2005 totalling $11,822.91 & $15,983.47 respectively, be approved. Reports of Board Committees 6.1 Finance Committee — Budget A. Campbell distributed a financial statement for the 3 months ending March 31, 2005. He noted that the Town's budget still had not been passed so there weren't any numbers available for comparison. O. Parsons asked R. Allard, the Board's Council representative, what the current situation was with the budget. R. Allard responded by saying it looked like the Library's budget would go through with no further cuts. 6.1.1 Dynix Purchase B. Molesworth began by explaining that the purchase of the upgraded Library automation software has been budgeted for in this year's Capital budget. Due to the tight timelines laid out by the vendor for the installation and because this is seen as a sole source purchase and the budget had not yet been approved; B. Molesworth went to Council on April 11, 2005 for their approval. They approved. The installation will take place Wednesday, April 20`h. 6.2 Strategic Planning Committee The Committee has not met recently but should meet soon to decide on priorities as stated in the new strategic plan. A meeting date was set for Thursday, April 28, 2005 at 1:00 p.m. Page 3 of 5 ACTION Abe -\� MIDLAND PUBLIC LIBRARY BOARD MEETING Page 4 of 5 DATE: April 14, 2005 LOCATION: Midland Public Library Boardroom ITEM ISSUE ACTION 6 Reports of Board Committees - continued 6.3 Fundraising Committee O. Parsons asked B. Molesworth to report on the revamped fundraising letter that will be used in a direct mail campaign. The letter was distributed for the Board's perusal. A patron mailing list has been printed for the Staff to check for demographics and for names of patrons that Staff know are not active any longer. B. Molesworth reported on the financing of the direct mail campaign and the planned Lecture Series. The Library currently has a Reserve Fund set up for bequests through the Town Treasurer, Sue Gignac. B. Molesworth had suggested that perhaps money could be borrowed from this fund and then paid back out of the proceeds, however there are problems with doing this. Discussion ensued. B. Molesworth was directed to speak to S. Gignac about the possibility of having a separate Fundraising Reserve set up that the Town would seed and then the Library would reimburse from the proceeds. 6.4 Policy Committee B. Molesworth distributed wording for a new Internet policy that was prepared by the Committee. After several favourable comments, it was agreed that it be adopted. Moved by: R. Allard Seconded by: B. Trounce That the Board approves the Internet Policies and Internet Procedures recommended by the Policy Committee. DATE: April 14, 2005 ITEM 0 \Ob- 5 MIDLAND PUBLIC LIBRARY BOARD MEETING LOCATION: Midland Public Library Boardroom ISSUE Reports of Board Committees - continued 6.4.1 Term length of Board's Executive R. Allard brought the Board's attention to a previous motion dated January 11, 2001 regarding the term of Chairman. The Policy Com recommends that this earlier motion be rescinded. Discussion. R. Allard presented a motion. Moved by: R. Allard Seconded by: C. Moore That the Policy Committee recommends rescinding the motion of January 11, 2001 that states: "that the position of Chairman be a one year elected position, with the option of renewal for a second or third year." 6.5 Report from the Friends of the Midland Public Library G.A. Walker reported that tickets for the dinner /dance are moving, albeit slowly. The Friends are calling previous attendees to remind them that the dinner /dance is coming up. 7. New business No new business. 8. Information 9. 8.1 Chief Librarian's report B. Molesworth reported that circulation seems to be trending upward. Adjournment Moved by: O. Parsons That the meeting be adjourned at 8:30 p.m. Chairman of the Board �= rian Page 5 of 5 AC77U1N CARRIED ECEC IVED Minister Ministre of Citizenship de la Citoyennet6 AUG 1 0 1005 and Immigration et de I'Immigration ORO- MEDONTE Ottawa, Canada K'IA tL1 TOWNSHIP AUG - - 2005 Dear Sir or Madam: This year, Canada's Citizenship Week will be held October 17 -23. Citizenship Week is a time to explore the nature of Canadian citizenship and the underlying values of respect, freedom and belonging that bring us together and make Canada such a great country in which to live. I hope that your municipality will join the celebration by recognizing this important week. We are encouraging municipalities to become involved by passing a resolution proclaiming Canada's Citizenship Week. A sample resolution is enclosed for your reference. You may also want to lead your council in a reaffirmation of Canadian citizenship by reciting the oath of citizenship. A copy of the oath is enclosed, along with a copy of the Citizenship Week poster and an order form for material to support your community's participation in the Week. To ensure priority service, please fax your order to (613) 954 -7619. As a municipal official, I am sure you will agree that all citizens should be encouraged to take part in community activities. It is particularly important for young people to become actively engaged in citizenship activities. Many of the products we have developed aim to empower young people with the concepts, understanding and skills they need to be responsible, caring and active citizens. If you have any questions about Canada's Citizenship Week or citizenship in general, please e -mail us at welcomehome@a cic.gc.ca. You can also obtain more information by visiting the Citizenship and Immigration Canada Web site at www.cic.gc.ca. Enclosures: 4 Sincerely, Joe Volpe, P.C., M.P. Canada C t i 1 J ,+ MIRD,i J� SOLDIERS' ;MEMORIAL 0 :RECEIVED o July 20, 2005 AUG 0 9 2005 RO- MEDONTE M Mr. Neil Craig, Mayor TOWNSHIP Township of Oro - Medonte 148 Line 7 South N Oro, Ontario M LOL 2X0 u, 0 Dear Mr. Craig: X ° Re: Soldiers' Memorial Hospital Board Composition o In striving toward best practice in accordance with the Ministry of Health's transformation N agenda, the board of directors of Soldiers' Memorial Hospital recently undertook a full review of N the corporation's bylaws. I am pleased to report that the necessary bylaw changes to meet best N practice guidelines have been passed at our recent Annual General Meeting. M u� Our bylaw changes were based on this information, the Ontario Hospital Association /Ontario Medical Association prototype bylaws, and best practice governance, The removal of several specific municipal positions on the board, most of which were vacant, brings us closer to the recommended composition. Several appointed positions, including one for the County of M Simcoe, which represents all townships, do continue to exist. N N At our Board meeting on June 21", 2005, Oro - Medonte councillor and board member Ruth Fountain voted in favour of these changes. On behalf of the Board, I wish to express our sincer 0 thanks for the contributions both Ruth and Walter Dickie have made to Soldiers'. 2 If you have any questions about our recent bylaw changes, do not hesitate to call me at 0 326 -7782. Sincerely, 0 j John B. Watkins Board Chair N CREATING A HEALTHIER FUTURE TOGETHER r, d Telecare Oriffia (Distress Line GE:0 'At Telecare - We're there 6ecause we care!" 24- 7four0istress Lines 705 - 325 -9534. 705- 835 -34S3 ~_ —I --- - AUG 2 If 2005 ORO- R4IEDONTE August 22, 2005 Mayor and Members of Council Of the Township of Oro - Medonte 148 Line 7S., Box 100 Oro, Ontario LOL 2X0 Dear People, On behalf of all the volunteers and members of Telecare Orillia, I would very much like to thank you for your kind contribution of $50.00 As we have mentioned before, there continues to be a need for vulnerable individuals to just talk to someone. Perhaps it is the mounting problems of the world as well as in our personal lives. It is our pleasure to continue to serve members of your community in this way. Once again, many thanks, Dianne Webster, Coordinator, Telecare Orillia 170 Co(6ome Street 'West • OrilGa, (YN • L3'V 27-3 Business Office: 705- 327 -2383 Email tefecareorilGa @csofce.net Charitable donation number 11920 9534 RR0001 August 22, 2005 Township of Oro - Medonte c/o Marilyn Pennycook, Clerk 148 Line 7 South, Box 100 Oro, ON LOL 2X0 Dear Mayor Craig and Council Members: AUG 2 6 2005 ORO- MEDONT5 On behalf of the Shanty Bay Festival committee, thank you so much for your generous support of the 2005 Festival. As you know, we rely on sponsors such as Oro - Medonte Township to help underwrite initial Festival expenses. Since we are operating on a break -even basis, your support is especially important. A receipt is enclosed with our thanks. The goals of the Festival are to include everyone in the village area (with a special focus on children), to have fun and build our sense of community, to keep things simple and manageable, to break even, and to enjoy it so much we'll want to do it again next year. Your donation is a tangible step towards these goals and we would like to thank you publicly for your support. With your permission we would like to recognize your contribution in the Festival program flyer, on the event board at the Festival site (the Village Green), and in the North Simcoe Community News September /October issue. Please call me by September 14 if you would prefer not to be recognized in this way. Again thank you so much for your support. We are looking forward to seeing you on Saturday September 10! Yours truly, Susan Woods Shanty Bay Festival Committee Chair 705 -721 -0734 LAKE SIMCOE REGION CONSERVATION AUTHORITY MEETING NO. BOD -06 -05 Friday, June 24, 2005 - 9:00 a.m Town of Newmarket Council Chambers Newmarket, ON ITill.t�j��� Present: Staff: Councillor V. Hackson, A/Chair D. Gayle Wood, C.A.O. /Secretary- Treasurer Councillor P. Brown B. Kemp, Manager, Corporate Communications Mr. E. Bull K. Kennedy, Manager, Planning Councillor G. Davidson K. Baker, Natural Heritage Biologist Councillor B. Drew G. Casey, Recording Secretary Councillor B. Huson Councillor P. Marshall Councillor M. Nanowski Others: Councillor J. Rupke A. Wells, President, Lake Simcoe Conservation Regional Councillor S. Self Foundation Councillor Neal Snutch K. MacKenzie, Executive Director, Lake Simcoe Councillor J. West Conservation Foundation Mayor J. Young E. Mizzau, Citizen, East Gwillimbury Regrets: Councillor Roy Bridge, Chair J. Dales, Honourary Member Councillor K. Ferdinands Mayor R. Grossi G.R. Richardson, Honourary Member Mayor K. Shier Mayor R. Stevens Mayor T. Taylor DECLARATION OF PECUNIARY INTEREST There was no declaration of pecuniary interest or general nature thereof. 10e a Lake Simcoe Region Conservation Authority June 24, 2005 Board of Directors' Meeting BBD -06 -05 -Minutes Page 2 II APPROVAL OF AGENDA Councillor West requested that item VI 8 and XI (a) and (b) be moved forward in the agenda and dealt with following item V - Presentations. Moved by: J. West Seconded by: J. Rupke BOD -05 -146 RESOLVED THAT the content of the Agenda be approved as amended to include the "Tabled Items and Other Business" Agenda. CARRIED III ADOPTION OF MINUTES (a) Board of Directors Moved by: S. Self Seconded by: N. Snutch BOD -05 -147 RESOLVED THAT the minutes of the Board of Directors' meeting No. BOD -05 -05 be adopted as printed and circulated. CARRIED (b) Conservation Ontario Council Moved by: S. Self Seconded by: P. Marshall BOD -05 -148 RESOLVED THAT the minutes of the Conservation Ontario Council Meeting held on April 25, 2005, be received for information. CARRIED Lake Simcoe Region Conservation Authority June 24, 2005 Board of Directors' Meeting BOD -06 -05 - Minutes Face s" IX DELEGATIONS There were no delegations scheduled for this meeting. IV ANNOUNCEMENTS (a) Mayor James Young The Board extended congratulations to Mayor James Young on the birth of his new baby daughter, Cally Jayne. V PRESENTATIONS (a) Lake Simcoe Conservation Foundation Mr. Alan Wells, President, Lake Simcoe Conservation Foundation, provided an update to the Authority's Board on the projects of the Foundation and introduced the Foundation's new Executive Director, Kimberley MacKenzie. Mr. Wells announced thatthe 2005 Conservation Dinner raised $57,000. advising that a portion of these funds will be directed to the Authority's Education Program at Scanlon Creek Conservation Area. The Foundation has a very ambitious program planned for 2005, hoping to raise $500,000 in 2005 and $1,000,000 in 2006. Mr. Wells extended thanks to the Authority's Board of Directors and staff for the continued support and resources provided to the Foundation and advised that the Foundation values the partnership with the Authority. The Board thanked Mr. Wells for his comments and advised that they too value the partnership and look forward to working closely with the Foundation. Moved by: J. West Seconded by: J. Young BOD -05 -149 RESOLVED THAT the presentation provided by the President of the Lake Simcoe Conservation Foundation be received. [0L•\ 7:7111:11 /Dyi - �� Lake Simcoe Region Conservation Authority Board of Directors' Meeting BOD -06 -05 - Minutes Page 4 ,June 24. 2005 8. 2005 Final Budget Estimates The Director, Corporate Services and Land Management, presented Staff Report No. 30- 05 -BOD regarding the Authority's 2005 Final Budget and provided a brief review of the Authority's 2005 Budget Book which was included with the agenda. A recorded vote was conducted and the following table reflects the results: MEMBER MUNICIPALITY WEIGHT YAY I NAY Councillor Roy Bridge Town Innisfil 6.81% Absent Councillor Patrick Brown City of Barrie 12.62% X Eric Bull City of Barrie 12.62% X Councillor George Davidson City of Kawartha Lakes 0.62% X Councillor Bobbie Drew Region of Durham - Scugog 2.99% X Councillor Ken Ferdinands Region of York - Whitchurch- Stouffville 7.14% Absent Mayor Robert Grossi Region of York - Georgina 7.14% Absent Councillor Virginia Hackson Region of York - East Gwillimbury 7.14% X Councillor Barbara Huson Town of New Tecumseth 0.60% X Councillor Paul Marshall Township Oro - Medonte 1.58% X Councillor Mikki Nanowski Town of Bradford West Gwillimbury 4.58% X Councillor Jack Rupke Region of York - King 7.14% X Deputy Mayor Susan Self Region of Durham - Uxbridge 2.99% X Mayor Keith Shier Region of Durham - Brock 2.99% Absent Councillor Neil Snutch Township of Ramara 1.62% X Mayor Tom Taylor Town of Newmarket 7.14% Absent Councillor John G. West Region of York - Aurora 7.14% X Mayor Jamie Young Region of York 7.14% X TOTAL 100% 103-6- OLake Simcoe Region Conservation Authority Board of Directors' Meeting BOD -06 -05 - Minutes Paris, 5 Moved by: J. West Seconded by: S. Self June 24, 2005 BOD -05 -150 RESOLVED THAT Staff Report No. 30- 05 -BOD regarding the Authority's 2005 Budget be received; and THAT the 2005 Budget in the amount of $14,572,170 be adopted as presented; and THAT copies of this budget be circulated to our Watershed Member Municipalities; and FURTHER THAT they be formally advised of their share of the General Levy totalling $1,646,000; Special Capital Levy totalling $2,309,982. 107.0 M04:1 1NN1IJ►G1►11kU101101 '1 The CAO extended thanks to staff forall theirwork put in to this budget, and on behalf of the Board, A /Chair Hackson thanked staff for their work on the budget. XI OTHER BUSINESS Moved by: J. West Seconded by: N. Snutch BOD -05 -151 RESOLVED THAT the Authority's Board of Directors will move to "Closed Session" to discuss confidential personnel and legal issues. CARRIED Moved by: J. West Seconded by: G. Davidson BOD -05 -152 RESOLVED THAT the Authority's Board of Directors will rise from "Closed Session" and report their progress. /0 - 6 Lake Simcoe Region Conservation Authority Board of Directors' Meeting BOD -06 -05 -Minutes Paae 6 (a) Outstanding Legal Issues Moved by: G. Davidson Seconded by: J. Rupke June 24, 2005 BOD -05 -153 RESOLVEDTHAT Confidential Staff Report No. 35- 05 -BOD regarding outstanding legal issues be received for information. CARRIED (b) Administrative Committee The minutes of the Administrative Committee Meeting No. AC- 04 -05, held on June 10, 2005, were included with the agenda. Moved by: J. Young Seconded by: S. Self BOD -05 -153 RESOLVED THATthe minutes of the Administrative Committee Meeting No. AC -04 -05 be adopted as printed and circulated; and FURTHER THAT Revised Confidential Staff Report No. 07 -05 -AC be received and approved. VI DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 3, 10, 11, and 12 were identified for discussion. VII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by: J. West Seconded by: J. Young BOD -05 -154 RESOLVED THAT the following recommendations respecting the matters listed as "Items Not Requiring Separate Discussion" be adopted as submitted to the Board and Staff be authorized to take all necessary action required to give effect to same. CARRIED Lake 5lmcoe Region Conservation ,authority ��� � June 24. 2005 Board of Directors' Meeting BOD -06 -05 - Minutes Pape 7 1. Fill Construction & Alteration to Waterways Applications BOD -05 -155 RESOLVED THAT applications under Section 28 of the Conservation Authorities Act and Ontario Regulation 153/90, as amended by Ontario Regulations 534191 and 623194, be received and approved. 2. Correspondence BOD -05 -156 RESOLVED THAT the letter dated May 9, 2005, from the Town of East Gwillimbury extending thanks to the Authority for their interest, support and assistance with the Town's 2005 Spring Tree Planting be received. 4. Correspondence BOD -05 -157 RESOLVED THAT the certificate from Mr. Joe Tascona, MPP, Barrie- Simcoe- Bradford, congratulating the Authority on the occasion of the sod turning ceremony for the new addition to the Administrative Offices be received. 5. Correspondence BOD -05 -158 RESOLVED THAT the letter dated April 18, 2005, from the City of Barrie acknowledging receipt of the Authority's Report on Greenroof Technology be received. 6. Correspondence BOD -05 -159 RESOLVED THAT the letter dated June 10, 2005, addressed to Mr. Woodford in response to his concerns regarding the Environmental Impact Statement prepared for the Moon Point Development be received. Lake Simcce Region Conservation Authority June 24, 2005 Board of Directors' Meeting BOD -06 -05 - Minutes Page 8 6(a) Correspondence BOD -05 -160 RESOLVED THAT the copy of an email from Mr. Woodford, dated June 13, 2005, referencing the letter he received from the LSRCA regarding the Environmental Impact Statement prepared for the Moon Point Development be received. 6(b) Correspondence BOD -05 -161 RESOLVED THAT the copy of an email from Mr. Jim Woodford dated June 13, 2005, regarding the Moon Point Environmental Impact Statement be received. 6(c) Correspondence BOD -05 -162 RESOLVED THAT the copy of an email from Mr. Jim Woodford dated June 15, 2005, which includes an open letter to the LSRCA Chair Bridge, Oro- Medonte Mayor Craig and a Letter to the Editor, as well as the copy of an email from the LSRCA CAO to Mr. Jim Woodford acknowledging receipt of this letter be received. 6 (d) Correspondence BOD -05 -163 RESOLVED THAT the email dated June 21, 2005, from Mr. Jim Woodford, regarding the Moon Point Environmental Impact Statement be received. 6 (e) Correspondence BOD -05 -164 RESOLVED THAT the email dated June 22, 2005, from Mr. Jim Woodford, addressed to Councillor Paul Marshall, relating to the Moon Point Environmental Impact Statement be received. Lake Simcoe Region Conservation Authority June 24. 2Q05 Board of Directors' Meeting BOD -06 -05 - Minutes Page 9 6 (f) Correspondence BOD -05 -165 RESOLVED THAT the article entitled "Sprawl threatens Lake Simcoe" printed in the Thursday, June 23`d, 2005, edition of the Orillia Packet and Times be received. 7. Monthly Communications Update BOD -05 -166 RESOLVED THAT the Monthly Communications Update, for the period May 1 - 31, 2005, be received for information. 9. Lake Simcoe Watershed Development Policy EIS Review BOD -05 -167 RESOLVED THAT Staff Report No. 31- 05 -BOD regarding the 'Watershed Development Policy Review be received for information; and FURTHER THAT Staff be directed to report back to the Board following completion of the LSRCA's New Regulation (Generic Regulation Process) to identify any further policy changes or additions. Vlll HEARINGS There were no hearings scheduled for this meeting. X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 3. Correspondence A copy of a letter dated June 6, 2005, addressed to Mr. Fraser Nelson, General Manager, Metrus Development Inc., thanking him forthe $20,000.00 donation to the Lake Simcoe Conservation Authority Building Fund was included with the agenda. Lake Simcoe Region Conservation Authority June 24, 2005 Board of Directors' Meeting BOD -06 -05 - Minutes The CAO advised that the doner was approached by Authority staff to do the paving of the parking lot for the new Administration Building. However, as they could not do the work, instead they provided funding to have the work done. Moved by: J. West Seconded by: J. Young BOD -05 -169 RESOLVED THAT the letter dated June 6, 2005, addressed to Mr. Fraser Nelson, General Manager, Metrus Development Inc., thanking him for the $20,000.00 donation to the Lake Simcoe Conservation Authority Building Fund be received. CARRIED 10. LSRCA Generic Regulation Communications Plan The Manager, Corporate Communications presented Staff Report No. 32- 05 -BOD regarding the LSRCA's Generic Regulation Communications Plan. The Board advised they are pleased with the direction staff is taking on this matter. Moved by: J. West Seconded by: N. Snutch BOD -05 -170 RESOLVED THAT Staff Report No. 32- 05 -BOD regarding the LSRCA's Generic Regulation Communications Plan be received for information and approved. 11. Atmospheric Phosphorus Loading Study Contract with the University of Guelph The Board dealt with Staff Report No. 33- 05 -BOD regarding the Study contract with the University of Guelph. The Director, Watershed Management, advised that through work being undertaken with the University of Guelph, atmospheric phosphorus loading will be identified and sources can then be dealt with locally. / J_ 00Lake 5lmcoe Region Conservation Authority , Board of Directors' Meeting BOD -06 -05 - Minutes Paae 11 Moved by: J. West Seconded by: B. Huson June 24, 2005 BOD -05 -171 RESOLVED THAT Staff Report No. 33- 05 -BOD be received and approved; and FURTHER THAT the University of Guelph be contracted to undertake a study to quantify the atmospheric deposition of phosphorus to Lake Simcoe based on a maximum budget not to exceed $35,000 excluding taxes. CARRIED The Board requested an update on the Holland Marsh Water Quality Improvement Project. The Director, Watershed Planning advised that a letter of approval has been received from the Ministry of the Environment. The next step is to move to detailed design for the facility. Staff will be bringing the Terms of Reference to the Board for approval in October 2005. 12. The Evaluation of New Wetlands and Update of Existing Wetland Evaluations Innisfil Creeks Subwatershed - Consultant Selection The Board dealt with Staff Report No. 34- 05 -BOD regarding the consultant selection forthe evaluation of new wetlands and update of existing wetlands in the Innisfil Creek Subwatershed. The Natural Heritage Biologist advised that the Innisfil wetland evaluation will be done in accordance with the standards set by the Ministry of Natural Resources, specifically the third edition. There will be more focus on the hydrology of the wetlands howeverthe flora and fauna will also be included. Once the evaluation is complete, depending on the scoring, the wetlands will be classified as either provincially significant wetlands or non - significant. Moved by: J. West Seconded by: J. Young Lake Simcoe Region Conservation Authority Board of Directors' Meeting BOD -06 -05 - Minutes June 24, 2005 BOD -05 -172 RESOLVED THAT Staff Report No. 34- 05 -BOD be approved; and FURTHER THAT the Request for Proposal be awarded to the Consulting Team of Brian Henshaw and Ron Huizer to undertake the Evaluation of New Wetlands and Update of Existing Wetland Evaluations in the Innisfil Creeks Subwatershed based on a maximum budget not to exceed $46,700.00 excluding taxes. CARRIED XI OTHER BUSINESS (a) Try Recycling Councillor Paul Marshall advised that Try Recycling made a presentation to Oro - Medonte Council and they may be doing business in the Township of Oro - Medonte. Councillor Patrick Brown added that Try Recycling is coming to the City of Barrie. Xll ADJOURNMENT Meeting adjourned at 10:30 a.m. on a motion by J. Young. Virginia Hackson A/Chair Chief Administrative Officer/ Secretary- Treasurer :101 : Dept. Report No. To: COUNCIL Prepared By: EES2005 -29 Keith Mathieson Subject: Department: Council Josh McKay and Lyndsay Engineering and Johnston — Water Service Environmental Services C. of W. Connection Agreement — 4 Date: Maplewood Parkway — Plan August 17, 2005 Motion # M22, Pt. Block C, R.P. 51 R- 32833, Part 2 R.M. File #: L04 -23818 Roll #: Date: 030 - 012 -13856 BACKGROUND: Block C of Plan M22 has recently been severed into two residential lots. The owners of the new lots have requested hook -up to the existing Maplewood water system. Mr. Josh McKay and Ms. Lyndsay Johnston are the owners of Part 2 and are requesting to enter into a Water Service Connection Agreement. ANALYSIS: The owners of the two lots have agreed to install a new one (1) inch water service that will "Y" at their property line between Parts 2 and 3 and service the two lots. Both lot owners are aware that all costs related to the connection to this system will be their responsibility. The Environmental Services Foreman has no concerns with the connection of these two (2) lots. RECOMMENDATIONS 1. THAT Report No. EES2005 -29 be received and adopted. 2. THAT the Township of Oro - Medonte enters into a Water Service Connection Agreement with Mr. Josh McKay and Ms. Lyndsay Johnston for Part 2, Plan M22. (A t I 3: THAT the Clerk prepares the appropriate By -law for Council's consideration. 4. AND THAT Mr. Josh McKay and Ms. Lyndsay Johnston be notified of Council's decision. Respectfully submitted, �. -Keith Mathieson Director of Engineering and Environmental Services -2- 1lar) -1 TOWNSHIP OF ORO- MTDONTE :1111] : Dept. Report No. To: COUNCIL Prepared By: EES2005 -30 Keith Mathieson Subject: Department: Council Bill Shaw — Water Service Engineering and Connection Agreement — 2 Environmental Services Date: C. of W. Maplewood Parkway — Plan M22, Pt. Block C, R.P. 51 R- Au ust 17, 2005 Motion # 32833, Part 3 R.M. File #: L04 -23817 Roll #: Date: 030 - 012 -13855 Block C of Plan M22 has recently been severed into two residential lots. The owners of the new lots have requested hook -up to the existing Maplewood water system. Mr. Bill Shaw is the owner of Part 3 and is requesting to enter into a Water Service Connection Agreement. ANALYSIS: The owners of the two lots have agreed to install a new one (1) inch water service that will "Y" at their property line between Parts 2 and 3 and service the two lots. Both lot owners are aware that all costs related to the connection to this system will be their responsibility. The Environmental Services Foreman has no concerns with the connection of these two (2) lots. RECOMMENDATIONS 1. THAT Report No. EES2005 -30 be received and adopted. 2. THAT the Township of Oro - Medonte enters into a Water Service Connection Agreement with Mr. Bill Shaw for Part 3, Plan M22. J/ t a � 3. THAT the Clerk prepares the appropriate By -law for Council's consideration. 4. AND THAT Mr. Bill Shaw be notified of Council's decision. §_ Respeully submitted, -Sal ei.Keith Mathieson Director of Engineering and Environmental Services -2- 1 c -9 TOWNSHIP OF ORO- MEDONTE Wei Dept. Report No. To: COUNCIL Prepared By: EES2005 -31 Keith Mathieson Subject: Department: Council County of Simcoe — Engineering and Standardization of Optional Environmental Services Date: C. of W. Waste Management Programs for 2006 August 17, 2005 R.M. File #: Motion # A16 -14244 Roll #: Date: BACKGROUND: In a further effort by the County of Simcoe to standardize waste management collection throughout the County, attached are copies of Corporate Services Committee Report CS 05 -183 and correspondence dated August 8, 2005. ANALYSIS: The County is recommending that large item pick -up be standardized and are giving each Township the following options: One separate metal collection with a five (5) item limit. This collection would be completed either May 1, 2006 or September 11, 2006. One separate bulky item collection with a five (5) item limit. This collection would be completed on May 1, 2006 if the metal collection was held on September 11, 2005. 2. One combined bulky and metal item collection with a ten (10) item limit, being five (5) metal and five (5) bulky. The Township would have the choice of this collection being completed on May 1, 2006 or September 11, 2006. Optiori #1, having two separate collections, would be very confusing, resulting in the possibility of a great number of items being left behind. It has been noted in the past that having special collections prior to the long weekend in May, has caused concern to residents that may not be full -time. If the option for two separate collections was considered, one of the collection dates would have to be May 1, 2006. Option #2, combining metal and bulky items, would be an increase from the current Township allowable of four (4) items, twice per year. This should be less confusing as everything would be placed out once per year, much similar as Presently done. The combined option allows the Township to choose between an early spring (May 15 ) or September, 2006. The financial implications to the Township, for either option, are unknown at present as the Contractor is reviewing their contract with the Township. The County is requesting the Township's decision on this matter by September 9, 2005 in order for printing of the 2006 calendar. RECOMMENDATIONS 1. THAT Report No. EES2005 -31 be received and adopted. 2. THAT the Township of Oro - Medonte choose Option #2, being one combined metal and bulky item collection with a ten (10) item limit (five (5) metal and five (5) bulky), to be collected on September 11, 2006. 3. AND THAT the County of Simcoe be notified of Council's decision. Res p ctf y submitted, Keith Mathieson Director of Engineering and Environmental Services -2- - COUNTY OF SIMCOE ITEM FOR: CORPORATE SERVICES COMMITTEE AUG 1 5 152005 SECTION: Environmental ORO- MEDONTE ITEM NO. CS 05 -183 TOWNSHIP MEETING DATE: June 15, 2005 SUBJECT: Standardization of Optional Waste Management Programs RECOMMENDATION: THAT the optional waste management programs be standardized in 2006 as recommended in Item No. CS 05 -183. BACKGROUND: It is recommended that the optional waste management programs be standardized in 2006 as follows: • Maintain no limits for optional collections of properly prepared Christmas. Trees, Yard Waste, and Brush Waste, staff to monitor with contractors any abuses of the collection program and to report back to Council any recommendations for future limits, • Bulky Item Collection to a maximum of five acceptable items per serviced unit per year to be collected either separately or in conjunction with Metal Item Collection, • Metal Item Collection to a maximum of five acceptable items per serviced unit per year to be collected either separately or in conjunction with Bulky Item Collection, • Municipalities choosing not to offer Bulky /Metal Item Collection be entitled to offer municipal vouchers, to be reimbursed by the Municipality to the County, to each serviced unit in the municipality (Maximum one voucher per serviced unit per year up to a $50;00 value), the value of the voucher to be allowed to be utilized at any County waste facility for the management of any acceptable wastes; and • All municipalities requesting optional item collection in 2006 be informed by County staff that enforcement of littering bylaws and /or property standards bylaws with respect to ineligible wastes which are left at curb from these collections is specifically the responsibility of the municipality requesting the optional collection. Item No. CS 04 -223 in September 2004 addressed standardization of the optional collections. of bulky items and/or metal items County -wide. Effective January 1" 2005, the first step taken was the establishment of a limit, in the local municipalities where there had previously been no limit. As Staff has now received a request from the Town of New Tecumseth to change from one metal collection and one bulky item collection in 2005 to two combined metal and bulky item collections in 2006, it would seem appropriate that this area be re- evaluated to provide further standardization County -wide. June 15, 2005 Corporate Services Committee CS 05 -183 t Page 2 A position paper on enforcement of the County's Waste Management by -law is currently awaiting comment from the local municipalities. As optional item collections (e.g. Christmas trees, yard waste, brush waste, heavy item and metal collections) are those that often cause considerable issues with ineligible items being left behind, staff would like to draw Committee's attention to what has come to light in the Town of New Tecumseth. It appears that although limits on these collections were imposed, rather than manage the issues created by the County's contractor properly leaving ineligible items at the curb through enforcement, the Town cleaned - up these items and used County - issued amnesty vouchers for free disposal of the collected material. Staff will be working to properly invoice the Town of New Tecumseth for these costs and to ensure that the inappropriate use of amnesty vouchers does not re- occur. Staff strongly recommends that those municipalities requesting optional collections manage the issues internally created by the County's Contractor properly leaving ineligible materials behind rather than requiring the County to clean up the materials or deal with the residents directly to ensure the waste is taken in and managed properly. Staff outline the following options for management of Bulky items and Metal items to be considered as a County -wide standard: Option 1: One collection per year combined bulky and metal item collection with a separate limit of (5 heavy items and 5 metal items), It must be noted that this type of collection would likely take twice the time to complete, Option 2: Two separate collections per year one of bulky items (5 items limit) and one collection of metal items (5 item limit), Option 3: Vouchers: provision of Municipal vouchers, printed and distributed by the municipality to serviced units to act as a form of payment for the deposit of wastes at County waste management sites. To be arranged by the Municipality through local municipal offices on a `pick -up basis' only, i.e. not a `mail out'. Option 4: No service: currently no service for bulky and /or metal items is offered in Bradford West Gwillimbury, or Collingwood (municipalities offering municipal vouchers or Diversion Days have not been listed). Staff has outlined pros and cons on the four options as follows: Option 1 Option 2 Option 3 Option 4 Pros: No clean -up or dumping issues after collection ✓ ✓ Curbside convenience ✓ ✓ Decreased resident complaints and confusion ✓ Year -round disposal convenience for resident ✓ Impetus for residents to be more pro- active in exploring alternate disposal i.e. take back of old appliances when purchasing new ones. ✓ Option 1 Option 2 Option 3 Option 4 Cons: c< Ty June 15, 2005 Corporate Services Committee CS 05 -183 Page 3 to drive route twice. Enforcement issues for items left behind X X More costly than curbside service (waste disposal X fees only, enforcement & clean-up costs not taken into consideration) Confusion at the curb as to what items have been X collected and what are still to be collected Increase in traffic to County waste disposal sites X X Additional administration for some local X municipalities It is recommended that the limit of 5 bulky items be maintained even in the event of a combined collection to ensure that all residents with this optional collection program are provided the same level of disposal capacity. The 5 item limit is also recommended to stay in place during combined collections as the collection is performed in separate vehicles and the management of a combined limit (i.e. 8 bulky plus 2 metal item) would be too difficult to coordinate between the two vehicles at all times. Staff note that it has been observed that combined collections, while taking essentially twice as long to complete, do result in fewer overall customer complaints and less bylaw enforcement requirements than two separate collections. Vouchers have historically been used in some municipalities to replace bulky and metal item collection. Residents are issued the voucher by the municipality and utilize the voucher at the landfill site as a form of payment. We note that a few municipalities now have both vouchers and bulky /metal item collections. Staff recommend that municipalities be given the choice of either providing bulky /metal item collection or issuing vouchers or providing no programs for these items. The vouchers should be standardized to one voucher per serviced unit per year t o a maximum value of $50.00. It is not recommended at this time that collection limits be placed on the optional collection items of Christmas trees, yard waste or brush waste. There have been a few instances of abuse of these collections wherein a few serviced units have placed as many as 200 bags of leaves for collection at a single location. This abuse will be monitored by staff and future recommendations, if required, will be brought forward for Council's consideration. Staff would remind Committee that these optional collections are at the request of the local municipalities. FINANCIAL ANALYSIS: As this item is being proposed to manage optional wastes in 2006 there is no impact to the 2005 budget. It is further noted that the costs for collection and disposal /processing of these materials is charged back to the local municipalities that there would be no net impact on the County budget. SCHEDULES: There are no schedules to this item. June 15, 2005 Corporate Services Committee CS 05 -183 PREPARED BY: Rob McCullough, and Tiina Nautras APPROVALS: Date: Mark Aitken, Chief Administrative Officer June 9, 2005 y Page 4 The Corporation of the County of Simcoe CORPORATE SERVICES DEPARTMENT ENVIRONMENTAL SERVICES DIVISION Telephone Extension 1181 8'h August 2005 Keith Mathieson, Manager of Public Works Township of Oro - Medonte 148 Line 7 South Oro, ON LOL 2X0 Dear Mr. Mathieson Re: Optional Collections — 2006 (705) 726 -9300 Fax: (705) 726 -9832 4UctS2M ORO- MEDONTE Administration Centre 1110 Hwy. 26 Midhurst, Ontario LOL IXO 0 Please disregard my letter dated 27`h July 2005, and find attached Corporate Services Report CS05 -183 that was approved by County Council in June. This report outlines further standardizations for optional collections in 2006. The major change being a reduction to one collection of either: One separate metal collection - 5 item limit AND One separate bulky item collection 5 item limit, OR One combined metal & bulky item collection - 10 item limit (5 metal & 5 bulky), A further change is with municipally issued vouchers. Historically vouchers have also been used in some municipalities and we note that a few municipalities have both vouchers and bulky /metal item collections. With this further standardization municipalities are being given the choice of either providing bulky /metal item collections or issuing vouchers or providing no programs for these items. The maximum voucher limit to be, one voucher per serviced unit up to a $50 value per year. We are finalizing the optional collection dates for the `2006 County of Simcoe Recycling & Waste Collection Calendar', and list below the dates provided by the contractor for the optional collections in the Township of Oro Medonte: One Combined Bulky & Metal Item collection - 10 item limit (5 metal & 5 bulky) OR One Metal Item collection — 5 item limit AND One Bulky Item collection — 5 item limit • I" May 2006 • 11`h September 2006 Leaf & Yard Waste • 23rd May 2006 • 30`h October 2006 Christmas Trees 8U' January 2007 Note — 9rh January 2006 is currently listed in the 2005 calendar Page 2 Township of Oro Medonte B Y okc We would request your selection and confirmation of dates by September 9th 2005, in order that printing of the Calendar can take place. We will, as previously, be incorporating 13 months into the calendar (January 2006 — January 2007 inclusive), as it is anticipated that the calendar delivery to residents will occur in the early part of January 2006 using Canada Post bulk - mail. Yours sincerely, `71vmk�l Tiina Nautras Contract & Collections Supervisor ENC: Corporate Services Committee CS05 -183, June 2005 xAcorporate services \environmental services\art\calendws\2005 \letters to municipalities re 2006 optional collections \oro medonte 2006#2.doc :4 1 Dept. Report No. To: Prepared By: PR2005 -06 Council Chris Carter Subject: Department: Council Tender Contract re: Parks and Recreation PR2005 -01 (Community Arena C. of W. Concession Booth) Date: September 7, 2005 R.M. File #: Motion # Date: Roll #: Over the past five years Eric McKinnon has been awarded the contract to operate the Concession Booth at the Oro - Medonte Community Arena. Given Eric McKinnon had suitably operated the Concession Booth for the first fours years and had an excellent working relationship with Council /Staff, they were approved a one year contract in the amount of $4,500.00. Emanating from my conversation with Mr. McKinnon regarding renewing the Contract, I was advised he no longer wishes to continue with the operation of the Concession Booth. Advertisements for the Tender Contract PR2005 -01 were placed in the Barrie and Orillia Newspapers and were opened by the Manager of Recreation and Community Services and recorded by the Clerk on Wednesday, August 17, 2005. ANALYSIS: The result of the Tender Contract PR2005 -01 openings are as follows: ► Contract No. PR2005 -01 Community Arena Concession Both Contract No. PR 2005 -01 Art Dubeau $4,500.00 (over 2 years) Mr. Dubeau has advised he has many years experience in the food and beverage industry. t Considering only one tender amount was submitted, it is recommended to accept the tender from Art Dubeau, based on the fact the he has a good repertoire with staff and that he is a local resident. RECOMMENDATIONS 1. THAT Report No. PR2005 -06 be received and adopted. 2. THAT Coucil accepts the tender price of $4,500.00 from Mr. Art Dubeau for Tender Contract No. PR2005 -01 and that he be notified accordingly. Respectfully submitted, Chris Carter Manager of Recreation and Community Services C.A.O. Comments: Date: i t � C.A.O. Dept. Head -2- TOWNSHIP OF ORO- MEDONTE .,. Dept. Report No. To: Prepared By: FD 2005 -15 Council Joe Casey, Director of Fire and Emergency Services Subject: Department: Council Fire and Emergency Services Moonstone Fire Hall C. of W. Update (as of August 29, 2005) Date: September 7, 2005 Motion # R.M. File #: Date: Roll #: 11BACKGROUND: The Oro - Medonte Fire and Emergency Services Master Plan, which was approved by Council in June 2003, identified that the fire station located in the Village of Moonstone was inadequate and poorly located. In September 2004, Council approved the purchase of land fronting Line 7 North and County Road 19 (Moonstone Road East) in the Village of Moonstone. The land acquisition was to facilitate the construction of a new Fire Station to replace the existing one that served the Moonstone area. In December 2004, Council awarded the contract for the construction of a new Fire Hall in Moonstone, to Thom Win Construction. ALYSIS: The following is a breakdown of the expenses as of August 29, 2005. Project Budget Allocation Costs Incurred to August 29, 2005 Land Purchase — Lumree $ 57,002.48 C.T. Strongman — Survey 2,661.76 Advertising - Tender 453.05 Indicom — Appraisal Fees 2,700.00 Thom Winn Construction 388,356.26 Nelson Aggregate — clear stone 394.80 Tacoma Engineers 405.00 Totten Sims Hubicki 4,943.03 Hydro Connection 463.00 TOTAL $ 457,379.38 Balance payable to Thom -Win (including holdback) Balance Other Costs to be Incurred: Well (water) $ Furniture $ 1,492.89 Tower $ Bell Telephone Transfer $ 142,620.62 $ 82,981.14 $" 59,633:4$ Please note that the gross proceeds of the sale of the previous Fire Hall location (257 Moonstone Road E.), are $105,000.00. RECOMMENDATION(S): 1. THAT Report No. FD 2005 -15 be received for information. y ectfully suCasey Director of ' e and Emergenc Serv' es C.A.O. Comments: Date 0� C.A.O Dept. Head TOWNSHIP OF ORO- MEDONTE MEMORANDUM To: Mayor and Members of Council From: Jennifer Zieleniewski, C.A.O. R.M. File #: Date: September 7, 2005 Roll #: Subject: September 4 Correspondence from Robert O'Hara Re. Committee of Adjustment Consent Application 2005 -B -38 Attached is a memorandum from Andy Karaiskakis which details the chronology of requests received with respect to the above noted application. This comprehensive documentation was compiled in an effort to respond to three requests for information and provide clarification to the concerned residents. Hopefully you will have an opportunity to review this package prior to the Council meeting tonight at which Mr. O'Hara's correspondence will be formally received. Mr. Peter Maxwell will also be in attendance to request that Council waive the procedural by -law to hear his deputation on this subject. -.. • TOWNSHIP OF ORO- MEDONTE MEMORANDUM To: Jennifer Zieleniewski, CAD cc: From: Andy Karaiskakis, Junior Planner Date: September 6, 2005 Subject: Wong Consent Application 2005 -B -38 R.M. File #: Roll #: 010 - 007 -09300 This memo is to provide you with clarification of the concerns raised in the correspondence dated September 4, 2005 (received September 6, 2005) submitted by Mr. Robert O'Hara. On September 2, 2005, the Township prepared a package of documents which was requested by Mr. O'Hara (Tab A, the request dated August 16, 2005) . The response package dated September 2, 2005 included the following information: Response to question 1. Tab B - provided Response to question 2 - A copy of the amended application submitted by the applicant; cannot be made available to the public as the Committee Members have not received the application. Once they do so, which is scheduled to be done on September 12, 2005 with the release of the agenda for September 15, 2005, the application can be made public. Response to question 3 Tab C. provided Response to question 4 — Mr. O'Hara requested "any documents submitted ". All public documents form part of the response package. Response to question 5 — answer provided in Tab D, paragraph 3 Response to question 6 — Included in staff recommendation in staff planning report Response to question 7 — Tab E staff planning report provided Response to question 8 — Tab F provided Response to question 9 — Tab G provided Response to question 10 — These documents are not in the Twp's files nor are they required as part of the application process Response to question 11 — These documents are not in the Twp's files nor are they required as part of the application process Response to question 12 — These documents are not in the Twp's files nor are they required as part of the application process Response to question 13 — Mr. O'Hara requested "any other documents on file ". All public documents form part of the response package. A subsequent request dated August 31, 2005 (Tab H) was received, and the response provided (Tab 1) Further, 1 enclose for your information two emails received from Peter Maxwell (August 25, 2005 Tab J) and Kim Maxwell (August 30, 2005 Tab K). It is worth noting that the same response package was forwarded on September 6, 2005 to the applicant (Rudy and Associates), Peter Maxwell, Kim Maxwell and Len Rodness. It is noted that the covering letter which accompanied the response package wrongly indicated the minutes of the August 11, 2005 Committee of Adjustment meeting were attached. The letter should have indicated that the copy of the decision was included. It is worth noting that the minutes of the meeting are on the Council agenda to be received on September 7, 2005, and contain the same information as the decisions. Relating to Peter Maxwell's email, 13 questions have been submitted. Items 1 through 8, and item 13 have been answered above. The supplemental responses are as follows: Response to question 9 — Will be forwarded forthwith Tab L Response to question 10 — Mr. Maxwell is requesting the Twp's opinion in respect of his submission to the Committee of Adjustment. It is not the Twp's practice to provide 3rd party advice. Public submissions are received without prejudice, opinion or comment. Response to question 11 — Mr. Maxwell is requesting documentation relating to an August 17, 2005 meeting concerning land dedication abutting Pemberton Lane. No documents have been received by the Twp. Response to question 12 — Mr. Maxwell is seeking information relating to all meetings held between the proponent and Twp staff. There are no records on file and will be communicated to Mr. Maxwell forthwith. Response to question 14 — Mr. Maxwell is seeking copies of other planning reports. Although his request is clear, it will be communicated that his request is too general and should therefore be re- directed to the FOI Committee due to the time and cost required to research this matter. Relating to Ms. Maxwell email, 5 questions have been submitted. Items 2 and 5 have been provided above. Supplemental responses are as follows: Response to question 1 — Ms. Maxwell has requested clarification as to whether the revised application is new or an amendment to the original application. It will be communicated forthwith that the application is an amended application. Response to question 3 — provided in person to Ms. Maxwell on September 2, 2005 Response to question 4 — Ms. Maxwell is requesting setback specifications. No site plan is required, however, the applicant has offered site plan control on the retained lands as a condition of approval. Ms. Maxwell will be provided a copy of the minimum setbacks as per the Zoning By -law. Respectfully submitted, ndy Karaiskakis Junior Planner 0 2 Pemberton Lane RECEIVED Shanty Bay ONLOL 2LO AUG 1 6 2005 -7 :9, t -D7_3 ORCJ- MEOONTE Bruce Hoppe Chief Planner Township of Oro - Medonte 148 Line 7 South Oro, ON LOL 2X0 Re: Submission No. 2005 -B -38 Application by Tang Fen Wong Range 2, West Parts Lots I & 2, RP 51R -3530, Part 3 & 4 1131 Range Road (Former Township of Oro) August 16, 2005 Dear Bruce: On behalf of the Pemberton Lane Homeowners Association, I would like to request some information from the Township on the application for consent filed by Tang Wong re. severance of her property at 1131 Range Road (please see the list attached). We are requesting this information in the context of the freedom of information legislation which permits the sharing of all information on such applications except for the home telephone number (see the Ontario Privacy Commissioner site at http://www.ipc.on.ca/scripts/index asp ?action =31 &P ID= 8109 &N ID =I &PT ID =835 &U ID =O #top). I would like to discuss this with you and Andy Karaiskakis at your convenience and will call later this week to arrange a meeting. Sincerely, Robert O'Hara Pemberton Lane Homeowners Association cc: Andy Karaiskakis enc. 1 2. 3. APPLICATION FOR CONSENT WN Box 100 Oro, Ontario LOL 2X0 Telephone '.(705)487 -217 Fax (705) 487 -013: 1, 1 d93° Application No. 13-VV100 The undersigned hereby applies to the Oro - Medonte Township Committee of Adjustment under Section 53 of the Planning Act, R.S.O., 1990, for consent, as described in this application. Location of Subject Lands: Concession No. Range 2 Lot(s) Name Road ilk Rarge P Name of Registered Owner(s) Tan Fen Won )a-Z Lot(s)a/2 of Iot2 Reg'd. Of 3,Q _35 -30 7-r -c+s Plan No.— n/a -Yd K / Z Postal Code-M Telephone No. Length of time property has been owned sirre -Ane 2( 0? PoillM a) Type and purpose of proposed transaction: Conveyance E creation Y, new lot 0 addition to a lot 0 boundary adjustment 0 technical severance 0 Other a mortgage or charge 0 lease 0 easement, right -of -way 0 correction of title b) Name of person(s) (purchaser, lessee, mortgagee, etc.) to whom land or interest in land is to be conveyed, leased, mortgaged, etc. MIMO al c) Relationship (if any) of persons named in (3b) to owner (specify nature of relationship) 2 1` 4. Description of land intended to be conveyed: PARP 1 Frontage 285n m Ra �e Rd. Depth varies fmn arALrox 699n to 22Em Area H,a (]Sarres) Existing use vet Proposed use residkrtial Number and use of buildings and structures (both existing & proposed) on the lands to be conveyed: rrcre 5. Description of land intended to be retained: PK' 2 Frontage 83n m Range Pd- Depth varies frcm apirox 65n to 84m Area 0.7 hs (1.67acres) Existing use residential Proposed use m2idai ial Number and use of buildings and structures on the land to be retained: 1 haise 1 cabin 2 sheds 6. Number of new lots (not including retained lot) proposed: 1 7. Type of road access (e.g. provincial highway, county road, municipal road - maintained year round, municipal road - seasonal, other public road, right of way, or water) for the proposed lot: mmiciml rc3 Emintaimwar In Ed (RMP2 M) retained lot: nmcipel road rmintai -ed year' mrd (Panne Rd) 8. Present Official Plan provisions applying to the land: lards nth of Perierrtm I m- Sborel;ne lards Abrth of Parbmtm Iare: Rxal 9. Present Zoning By -law provisions applying to the land: UTads Sa. th of Pa&Ertm lam: aixa ine Residential (SR) Zme S I3or. th of Paderton lane: Agricul aR:al/(dn"al (A/RU) 26 re 3 1%-3 10, What type of water supply is proposedPro� Proposed Lot Retained Lot Municipally owned /operated 0 Privately owned /operated 0 0 Individual Well 0 Communal. Well 0 Lake Other (specify) 11. What type of sewage disposal is proposed? osed of Retained Lot Municipally owned /operated 0 a Privately owned /operated 0 , Individual Septic Tank I 0 Communal Septic Tank 0 0 .Privy Other (specify) 13. a) Has the owner previously conveyed any land from this holding or has any land been previously conveyed from this holding? yes 0 no b) If yes, indicate previous conveyance(s) on the required sketch and supply the following information for each lot severed: Grantee's name tmtaan Relationship (if any) to owner n/a Date parcel created urn Use of parcel n'Brim House scniors' Corplex File # urk)cW Decision 14. Has the parcel intended to be conveyed ever been, or is it now, the subject of an application for a plan of subdivision under Section 51 of the Planning Act, R.S.O., 1990, or predecessor? 0 yes I no If yes, indicate file number rA S -y 9 15. Is the owner, solicitor, or agent applying for additional consents on this holding simultaneously with this application, or considering applying for additional consent in the future? p yes / no 16. Is the owner, solicitor or agent applying for/ or ever applied for any minor variance or permission to extend or enlarge under Section 45 of the Planning Act, R.S.O., 1990 in relation to any land that is the subject of this application? Q yes no If yes, indicate file number n/a 17. Has the parcel intended to be conveyed ever been, or is it now, the subject of an application for an Official Plan Amendment under Section 17 of the Planning Act, R.S.O., 1990, or predecessor? p yes I no if yes, indicate file number n/a 18. Has the parcel intended to be conveyed ever been, or is it now, the subject of an application for a Zoning By -law Amendment under Section 34 of the Planning Act, R.S.O., 1990, or predecessor? a yes / no If yes, indicate file number n/a 19. Is the parcel subject to any easement or restrictive covenants affecting the subject land? p yes I no if yes, please provide description of the easement or covenant and its effect 17. Name of owner's solicitor or agent Jill lewais of Bun' R Asso -mtes Ltd Address P.O. Box 83+ Oriliia CN Postal Code L3V 6K8 Telephone No.(s) 705 327 -2070 18. Please specify to which of the following all communications should be sent: 0 owner I agent 0 solicitor 1� -5 5 DATED at the Tanshfp of Seem in the CcMty of Sirrcoe this 21st day of JAY 20 05 . re ofWpplicant, Solicitor, or Tag FEnWag /Sett Ji - of the Town sh i P Of Tay in the G0 f v of s solemnly declare that all the statements contained in this application are true, and 1 make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act. DECLARED before me at 1he e ) of in the 4 of Sinco2 this�2ay -v/ � / Ji*1i RLDY & Assoviates Ltd. The nformation on this form is being collected pursuant to the Planning Act, R.S.O., 1990 and will be used in relation to the procession of this consent application. if you have any questions, please ask at the Oro - Medonte Township Office. A Commissioner, etc. Figure 2 - SKETCH Vacant ^D Rid e Road Residential Brien Hous Q 2pere . n m d 6 ha a PART 1 Wit rtai{ oC Lot 2 Vacant J Uv - Wooded Area � N , e • ...- A ; west 44:11( a( (At I 6rn Township of Oro - Medonte W1 /2 Lot 2,1131 Range Road Wong Property Residential Fad Proposed Lot Part 2 1 Retained Lot @ ART 2 . �. - - - -- o — CK ® r ' 0.7ha ° +� rJ7 h E 1 N Residential @ «1 Lake Simcoe Township of Oro - Medonte W1 /2 Lot 2,1131 Range Road Wong Property Residential Fad Proposed Lot Part 2 1 Retained Lot Township of Oro - Medonte W1/2 of Lot 2, 1131 Range Road Wong Property — Proposed Consent c -a TABLE OF CONTENTS Page No. 1. SCOPE OF RETAINER 1 2. LOCATION OF SUBJECT PROPERTY 1 3. BACKGROUND 1 4. REQUESTED DEVELOPMENT 1 4.1 Lands to be Severed 1 4.2 Lands to be Retained 2 5. SURROUNDING LANDS 2 6. PROPOSED LAND USE 2 7. RELEVANT PLANNING DOCUMENTS 3 7.1 County of Simcoe Official Plan 3 7.2 Township of Oro - Medonte Official Plan 3 7.3 Township of Oro - Medonte Zoning By -Law # 97 -95 4 8. CONCLUDING REMARKS 6 Figure 1 — LOCATION MAP Figure 2 — SKETCH Figure 3 — Township of Oro - Medonte Official Plan — Land Use Designation Schedule A2 Township of Oro - Medonte W1/2 of tot 2, 1131 Range Road Wong Property — Proposed Consent PLANNING REPORT 1. Scope of Retainer C -3 RUDY & Associates Ltd. has been retained by Tang Fen Wong to research and prepare the requested information and planning requirements for an application for Consent to create one (1) additional lot on the property known as 1131 Range Road in the Township of Oro - Medonte. The purpose of this consent application is to sever the house and accessory buildings from the remainder of the property. This information is to be presented to the Township of Oro - Medonte's Committee of Adjustment at the August 11th public meeting. 2. Location of Subiect Property The subject property is located on the West '/2 of Lot 2, approximately 500 metres southwest of the Shanty Bay Settlement Area. The site is approximately 7 hectares (17 acres) in size. It has road frontage along County Road 20 (Ridge Road) to the north and Range Road to the west. The subject property has approximately 65 metres of frontage along Lake Simcoe in Kempenfelt Bay. Please see Figure 1 - LOCATION MAP. 3. Background A two -acre parcel of land was previously severed from the subject property. This property is now home to the O'Brien House seniors' complex. Tang Fen Wong purchased the subject property in June 2005. The purpose of this consent application is to create one (1) additional residential lot. 4. Requested Development Part 1 is the land proposed to be severed. Part 2 is the land proposed to be retained. Please see Figure 2 - SKETCH. 4.1 Lands to be Severed Part 1 has irregular boundaries with frontage along Range Road of approximately 285 metres (935 feet). Its depth varies from approximately 69 metres to 226 metres (226 feet to 740 feet). The proposed lot has an area of approximately 6 hectares (15 acres). The proposed lot is currently vacant. The majority of this proposed lot is wooded. RUDY & Associates Ltd. 1 July 2005 Township of Oro - Medonte "y W1/2 of Lot 2, 1131 Range Road Wong Property - Proposed Consent 4.2 Lands to be Retained Part 2 is located south of Pemberton Lane. This proposed retained lot has approximately 83 metres (272 feet) of frontage along Range Road, a municipally maintained roadway. It also has 65 metres (213 feet) of frontage along Lake Simcoe. Its depth varies from approximately 65 metres to 84 metres (213 to 275 feet). It has an area of approximately 0.7 hectares (1.67 acres). Currently, the proposed retained lot is used for year -round residential purposes. There is a house, cabin, and sheds located on the retained lot. A private well and septic system services the lot. 5. Surrounding Lands North Land Uses: Range Road and vacant field Designation: Agricultural Zoning: Agricultural / Rural (A/RU) East Land Uses: Residential Designation: Rural & Shoreline Zoning: Agricultural / Rural (A /RU) and Residential Limited Service Holding (RLS -H) South Lake Simcoe West Land Uses: Range Road and residential Designation: Rural & Shoreline Zoning: Agricultural / Rural (A/RU) and Shoreline Residential (SR) 6. Proposed Land Use Both the proposed lot and the retained lands will be used for residential purposes. The retained lot will continue to be used as a waterfront residential lot. RUDY -& Associates Ltd. 2 July 2005 Township of Oro- Medonte. W1t2 of Lot 2, 1131 Range Road Wong Property - Proposed Consent 7. Relevant Planning Documents The County of Simcoe Official Plan, the Township of Oro - Medonte Official Plan, and the Township of Oro - Medonte Zoning By -Law #97 -95 have been reviewed. 7.1 County of Simcoe Official Plan C -5 The subject property is designated as Rural & Agricultural in the County of Simcoe Official Plan. Section 3.6.2 permits limited residential development in non -prime agricultural areas. Section 3.6.7 states that residential uses created by consent are among the permitted uses for properties located within rural areas. Section 3.6.11 outlines the policies for lots created by consent in areas designated as Rural & Agricultural: a) Lots should be restricted in size: The retained lot is less than 1 hectare in size. b) Avoid strip development: The creation of one (1) additional lot along Range Road maintains the rural character and road function of the area. The addition of this proposed lot will not result in more than three non -farm lots located within 200 metres. c) Not Applicable 7.2 Township of Oro - Medonte Official Plan The subject property is located within two designations according to the Township of Oro - Medonte Official Plan. The portion of the property south of Pemberton Lane is designated as Shoreline, while the portion of the property north of Pemberton Lane is designated as Rural. Please see Figure 3 — Township of Oro - Medonte Land Use Designation Schedule A2. Section D10 — Shoreline Policies On lands designated Shoreline, single detached dwellings are permitted. Section D10.3.7 states that notwithstanding any other policy in this Plan, the creation of a new lot for residential use by consent to sever is permitted in situations where the entire lot is not in the Shoreline designation, providing the dwelling unit(s) is located or is to be located on lands that are designated Shoreline. This consent application proposes to sever the portion of the property designated Shoreline from the remainder of the property designated Rural. The dwelling units on the subject property are located on the lands designated Shoreline. RUDY & Associates Ltd. 3 July 2005 Township of Oro - Medonte CAD W1/2 of Lot 2, 1131 Range Road Wong Property - Proposed Consent Therefore, this requested severance to create one (1) additional residential lot conforms to the policies of the Shoreline designation in the Township of Oro - Medonte Official Plan. Section D3 — Rural On lands designated Rural, single detached dwellings are permitted. Section D3.3.1 states that the creation of a new lot for residential purposes will adhere to the following criteria: a) Minimum lot area of 0.4 hectares: The proposed lot is approximately 6 hectares in size. b) Lot is an appropriate size for residential use: The proposed lot is 6 hectares. c) Frontage on an existing public road: The proposed lot will front onto Range Road, a municipally maintained roadway that is maintained year round by the Township. d) Traffic Hazard: The proposed lot will not result in a traffic hazard, as the driveway will not be located on a curve or a steep hill. e) Servicing: The proposed lot will be serviced by private well and septic system. The proposed consent conforms to the policies of the Rural designation in the Township of Oro - Medonte Official Plan. No amendment to the Official Plan is required to accommodate this request to create one (1) additional residential lot by severing the portion of the subject property designated Shoreline from the remainder of the property. 7.3 Township of Oro - Medonte Zoning By -Law # 97 -95 According to the Township of Oro - Medonte Zoning By -Law, the subject property is located within two zones. The portion of the property south of Pemberton Lane is zoned as Shoreline Residential (SR) Zone, while the portion of the property north of Pemberton Lane is zoned as Agricultural / Rural (A/RU) Zone. Shoreline Residential (SR) Zone Provisions: According to Table A1, single detached dwellings are permitted on properties zoned Shoreline Residential (SR) Zone. RUDY & Associates Ltd. 4 July 2005 Township of Oro - Medonte W1/2 of Lot 2, 1131 Range Road Wong Property - Proposed Consent The provisions for residential uses within the Shoreline Residential (SR) Zone are as follows: Description Provision Minimum Lot Area 0.2 ha Minimum Lot Frontage 30 m Minimum Front Yard 7.5 m Minimum Exterior Side Yard 7.5 m Minimum Interior Side Yard 3 m Minimum Re uired Rear Yard 7.5 m Minimum First Storey Floor Area 90S . m. Maximum Height 11 m No changes to the existing land use and buildings are proposed on the portion of the property zoned Shoreline Residential (SR) Zone. The retained lot meets the minimum lot area and frontage requirements. Therefore, the retained lot meets all of the Shoreline Residential (SR) Zone provisions. Agricultural / Rural (A/RU) Zone Provisions: The proposed lot is located within the Agricultural / Rural (A/RU) Zone. Single detached dwellings are a permitted use, according to Table A4 in the Township of Oro - Medonte Zoning By -Law. The provisions for single detached dwellings located within the Agricultural / Rural (A/RU) Zone are as follows: Description Provision Minimum Lot Area 0.4 ha Minimum Lot Frontage 45 m Minimum Front Yard 8 rn Minimum Exterior Side Yard 7.5 m Minimum Interior Side Yard 4.5 m Minimum Required Rear Yard 8 m Minimum First Storey Floor Area 90 s . m. Maximum Height 11 m The proposed lot meets the minimum lot frontage requirement for residential uses within the Agricultural / Rural (A/RU) Zone. All of the other zoning provisions will be met when buildings are sited on the proposed lot. Neither an amendment to the Zoning By -Law, nor a Minor Variance is required to accommodate this proposed consent. RUDY & Associates Ltd. 5 July 2005 Township of Oro - Medonte W1 /2 of Lot 2,1131 Range Road Wong Property - Proposed Consent 8. Concluding Remarks C The proposed consent to create one (1) additional residential lot represents good land use planning for the following reasons: • The proposed consent conforms to the policies of the County of Simcoe Official Plan and the Township of Oro - Medonte Official Plan: - The proposed consent severs the lands in the Rural designation from the lands in the Shoreline designation, with the existing dwelling units located on the lands designated Shoreline. - The proposed lot fronts onto an existing municipally maintained roadway (Range Road) and will be serviced by private well and septic system. • The proposed consent meets the provisions of the Township of Oro - Medonte Zoning By -Law #97 -95. • The proposed lot enhances the rural character of the surrounding area, while the retained lot is compatible with the adjacent land uses. We look forward to presenting this request at the Committee of Adjustment meeting on August 11th. We request that this consent application be added to the meeting's agenda. We would be happy to respond to any questions or comments you may have regarding this request. Respectfully submitted, RUDY & Associates Ltd. �� Jill Lewis, M.A. (Plan) Planner RUDY & Associates Ltd. 6 July 2005 September 2, 2005 Mr. Bob O'Hara 2 Pemberton Lane. Shanty Bay, Ontario LOL 2L0 Dear Sir: Re: Application for Consent 2005 -B -38 (Tang Fen Wong) Further to our telephone conversation and your written submissions, we enclose herein relevant information pertaining to the above noted application. As you are aware, we have received numerous enquiries for essentially the same information therefore we are copying this letter to the various interested parties with the same information. We enclose the following documentation per your request: • Copy of the original application form with personal information "blacked -out' • Copy of the minutes of the Committee of Adjustment meeting of August 11, 2005 • Copy of the staff report presented to the Committee on August 11, 2005 • Copies of all written submissions made on this application from Members of the Public received at the Committee meeting of August 11, 2005 • A copy of the staff report and Notice of Decision respecting the creation of O'Brien House (2004) • Copy of the Consent Planning Report dated July 2005 submitted by Rudy and Associates Ltd. In respect of the tape recording of the Committee of Adjustment hearing of August 11, 2005 , we do not provide copies of the tape nor is a written transcript available. Alternatively, interested parties may request an appointment to listen to the tape and/or make written notes. If you would like to arrange such an appointment please contact the Clerk's office and we would be pleased to arrange this. Any additional information beyond the above must be requested under the Municipal Freedom of Information and Protection of Privacy Act. To this end, should you wish to submit a FOI request, an application form is attached which should be submitted accompanied by the application fee of $5.00 to Mr. Doug Irwin of this office. D-a I trust you will find this information helpful. Yours truly, Andy Secretary- Treasurer, Committee of Adjustment C.C. Peter Maxwell Kim Maxwell Len Redness Applicant (Rudy and Associates) M. Pennycook, Clerk D. Irwin, Freedom of Information Coordinator E -� Township of Oro - Medonte Committee of Adjustment Planning Report for August 11, 2005 Tang Fen Wong 2005 -B -38 932 Line 15 N., Concession 1, East Part Lot 6 (Oro) THE PROPOSAL The purpose of application 2005.8 -38 is to permit the creation of a new residential Idt. The land to be severed is proposed to have a lot frontage of approximately 285 metres (935 feet), a lot depth that varies from approximately 69 metres (226 feet) to 226 metres (741.5 feet) and a lot area of approximately 6 hectare (15 acres). The land proposed to be retained would have a lot area of approximately 0.7 hectares (1.67 acres). MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation — Rural & Shoreline Zoning By -law 97 -95 — Agricultural /Rural (A/RU) & Shoreline Residential (SR) Zones Previous Applications — None AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County Public Works - Building Department- The Township Building Dept. has reviewed this application and note that the proposal appears to meet the minimum standards. Engineering Department- No concerns PLANNING DEPARTMENT BACKGROUND. It is the applicant's intent to sever the existing house and accessory buildings, shown as Part 2 on the applicants' sketch, which has an area of approximately 0.7 hectares (1.7 acres) from the heavily wooded area located to the north of Part 2, shown as Part 1, having an area of approximately 6 hectares (14.8 acres). As indicated by the applicant's agent, the private right of way traveling east `srom Range Road, municipally known as Pemberton Lane, is owned by the applicant. It has also been indicated that on the applicants' deed, Pemberton Lane is a right of way which favours the adjoining lots for road access. Furthermore, Pemberton Lane will be conveyed with the retained lands. OFFICIAL PLAN The portion of the property north of Pemberton Lane is designated Rural while the portion south of Pemberton Lane is designated Shoreline in the Official Plan. The lot to be severed will be located in the Rural designation and the retained lot will be located in the Shoreline designation. Since the lot to be severed is located in the Rural designation, the policies respecting lot creation in the Rural designation apply. Section D3.3.1 of the Official Plan deals with lot creation in the Rural designation: D3.3.1 The creation of new lots for residential purposes In accordance with the intent of this Plan to maintain the rural character of the Township, only a limited number of new lots for residential purposes can be created in the Township. In this regard, only one new lot can be severed from a lot in the Rural designation that has an area of at least 36 hectares or is the whole of an original Township lot provided a lot has not been severed from the parcel after March 26, 1973. In considering the creation of a new lot for residential purposes, the Committee of Adjustment shall be satisfied that the proposed lot: a) will have a minimum lot area of 0.4 hectares; b) is of an appropriate size for residential use, with such a residential use generally not requiring a lot size that exceeds 2.0 hectares; C) fronts onto an existing public road that is maintained year round by the Township or County; d) will not cause a traffic hazard as a result of its location on a curve or a hill; and, e) can be serviced with an appropriate water supply and an appropriate means of sewage disposal. As the subject property has a lot area of approximately 7.2 hectares, and it appears that the lot for the former O'Brien house was created since 1973, the application does not conform with the Official Plan. However, it the lot to be severed was located in the Shoreline designation instead, then the policies of the Shoreline designation would apply to the application. The policy below provides the basis for the consideration of new lots be consent in the Shoreline designation: D10.3.7 New residential lots by consent The creation of new lots for a residential use by consent to sever is permitted, provided a Plan of Subdivision is not required in accordance with Section D10.3.5 and provided the proposed lot and the retained lot: a) fronts onto an existing public road that is maintained year round by the Township or County; b) will not cause a traffic hazard as a result of its location on a curve or a hill; and, C) can be serviced with an appropriate water supply and means of sewage disposal. The proposed lot and the lot to be retained appear to meet the policies for the creation of new lots in the Shoreline Designation. In addition, Section D10.3.8 states that "new residential development in the Shoreline designation will be limited to small -scale subdivisions on the shoreline or minor inlilling by consent." it is our opinion that the new lot conforms with this intent ZONING BY -LAW The subject property is currently zoned Agricultural /Rural (A/RU) for the portion of land located north of Pemberton Lane and is zoned Shoreline Residential (SR) south of Pemberton Lane. The proposed severed lot, which would be located in the A /RU Zone, would comply with the 9-s provisions of the A /RU for agricultural uses and the retained lot would continue to comply with the minimum lot area and minimum lot frontage requirements. CONCLUSION The application does not conform to Section D3.3.1 of the Official Plan as the subject property has a lot area of approximately 7.2 hectares whereas only one new lot can be severed from a lot in the Rural designation that has an area of at least 36 hectares. However, if the retained and severed lots were reversed, the application would conform with the Official Plan. If the applicant is agreeable to the severed and retained lots being reversed, there should be some further discussions with the applicant regarding the potential to obtain a road widening on the south side of Pemberton Lane to facilitate the improvement of Pemberton lane in the future. However, the dedication of Pemberton lane itself to the Township is not recommended at this time. RECOMMENDATION It is recommended that the Committee Defer Consent Application 2005 -B -38 to allow time for the applicant to consider which lot should be the severed lot on the application and to initiate discussions with the Public Works Superintendent regarding a potential road widening. All of which is respectfully submitted, 1 ndy Karaiskakis Hons. B.A. Junior Planner Reviewed by, Nick McDonald, MCIP, RPP Partner Meridian Planning Consultants THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE P.O. BOX 100, ORO, ONTARIO, LOL 2X0 (705) 487 -2171 COMMITTEE OF ADJUSTMENT NOTICE OF DECISION Application No. 2005 -B -38 IN THE MATTER OF Section 45 of The Planning Act, R.S.O. 1990, C.P. 13 as amended; and IN THE MATTER OF the Official Plan of the Township of Oro - Medonte; and IN THE MATTER OF Comprehensive Zoning By -law 97 -95, as it applies to the particular application; and IN THE MATTER OF Applications 2005 -B -38 submitted by Tang Fen Wong, owner of Range 2, West Half Lot 2, RP 51R -3530, Parts 3, 4 & 2 (former Township of Oro); and WHEREAS The purpose of application 2005 -B -38 is to permit the creation of a new residential lot. The land to be severed is proposed to have a lot frontage of approximately 285 metres (935 feet), a lot depth that varies from approximately 69 metres (226 feet) to 226 metres (741.5 feet) and a lot area of approximately 6 hectare (15 acres). The land proposed to be retained would have a lot area of approximately 0.7 hectares (1.67 acres). WHEREAS the subject property is designated "Rural & Shoreline" in the Official Plan, and Zoned "Agricultural/Rural (A/RU) & Shoreline Residential (SR)" under By -law 97 -95; and WHEREAS having had regard to those matters addressed by The Planning Act, in accordance with the rules and procedures prescribed under Ontario Regulation 200/96, as amended, and having considered all relevant information as presented at the public hearing on the l l b day of August, 2005. PAGE # 2 APPLICATION 2005 -B -38 COMMITTEE OF ADJUSTMENT DECISION BE IT RESOLVED that: Moved by Garry Potter, seconded by Lynda Aiken "That the Committee hereby Defer Consent Application 2005 -B -38 to allow time for the applicant to consider which lot should be the severed lot on the application and to initiate discussions with the Public Works Superintendent regarding a potential road widening. .....Carried." Additional information regarding this Application is available for public inspection at the Township of Oro - Medonte Administration Centre, 148 Line 7 South in Oro Station, Ontario, Monday to Friday, between the hours of 8:30 a.m. and 4:30 p.m. �_s PAGE # 3 APPLICATION 2005 -13-38 COMMITTEE OF ADJUSTMENT DECISION TAKE NOTICE that pursuant to Section 53(19) of the Planning Act, R.S.O. 1990, C.P. 13, as amended, the above decision and /or conditions may be appealed to the Ontario Municipal Board. Only individuals, corporations and public bodies may appeal decisions in respect of applications for consent to the Ontario Municipal Board. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or group. THE LAST DATE FOR FILING A NOTICE OF APPEAL IS WEDNESDAY, THE 3151 DAY OF AUGUST, 2005. A "NOTICE OF APPEAL" setting out in writing the supporting reasons for the appeal should be received on or before the last date for "Appeal" accompanied by a cheque in the amount of ONE HUNDRED AND TWENTY FIVE DOLLARS payable to the MINISTRY OF FINANCE. The notice is to be submitted to the Secretary - Treasurer of the Committee of Adjustment, PO Box 100, Oro, Ontario, LOL 2X0. Members Allan (Chairman) Michelle Lynch /Garry Potter decision: DATED this 11 m day of August 2005. Dave Edwards Lynda Aiken j6A�__ - Andy Karaiskakis, Bons. B.A. Secretary- Treasurer Committee of Adjustment RECEIVED atq--, AUG 0 9 2005 1� �9 ORO- MEOONT-E TOWNSHIP Robert O'Hare 2 Pemberton Lane RR 2 Shanty Bay ON LOL 21-0 _ e-2%y SF- ✓ 6AL // - /r c ✓� f� { G� _3 of .�--�' .�✓`� -�� o�, Zr6o '00 � �lj�M� Pie" , ,3• ,�j�,cc�'/nn E�1/t/,�" -�'+�J • `/ V,vZ�jr- t�°it,> .1/w�- �1�1 -r2� .�✓�'.,Q, /�"'> a- �"�il�v� Gr• Y p -ra I V 11 0 zv ��Q6Sy P12,m From: Susan Woods <northsimcoenews @rogers.com> Subject: Committee of Adjustment Date: August 8, 2005 9:59:08 AM EDT (CA) To: Paul Marshall <paul. marshal] @oro- medonte.ca> Cc: Harry Hughes <hhughes @bconnex.neb, Deb Woods <deborahwoods @rogers.com>, Frank Rolph, Barry Lipson, Beth Burns, Ross Reucassel, Mary Maxwell, Derek Vair, Karen White, Simcoe Community Services, Mary-Grace Wright Paul: We have been notified of the C of A meeting by our former neighbours and family members who live in the vicinity of our former home and land. As our councillor, I hope and trust that you will maintain the position that the township has had regarding this property for many, many years. We were told that it was not possible to sever the land into two parcels. Our real estate agent, Sharon Smith, was told the same thing. So were numerous potential purchasers who inquired at the township offices. Andria Leigh mentioned that there were many inquiries made in regard to the potential of development of the land When we had to make the painful decision to sell our family property, it was based on the fact that we could not sever and sell the waterfront property and keep the other land for ourselves. That would have been our preferred option, as you can readily understand. Tang Wong, the eventual purchaser, made an earlier offer that was conditional on "planning due diligence with the township'. She walked away from the deal after finding that her proposal to sever would not 8y with the township. Soon after that, she made another (lower) offer (under a different name) that was eventually accepted and the deal closed on June 28tb. Tang Wong took every opportunity to explore the situation prior to purchasing the land. She employed a lawyer and a professional planner to assist her. Now apparently she is wanting to sever the woodlot for a house for a relative. The Pemberton Lane roadway is really a right -of -way, not a private road. Each of the houses to the east of Range Road was granted on title a right to travel over the road. These people maintain the road, but it is owned as part of the total waterfront, roadway, woodlot as one lot, by the new owner, Tang Wong. I understand that the neighbours are mightily upset at her shenanigans and plan to present their views at this (very hastily - called) committee meeting. Fred and I want to be on record as stating that if the township allows this severance, after what Ave and ethe s were rer.:.t°-ty told, we will be profoundly disturbed and may be forced to look at our legal options. We ask that the township be oonsistent in applying the rules to all. Susan Woods and Fred Beck CORPORAPE SERVICES k Fax`.705 -726 -9832 The Corporation of the �* County Of Aug 11 2005 - 3: 31 V. u I Sl'711 COC AUO 1 1 2005 ORO- MEDONTE CORPORATE SERVICES DEPARThIENT Planning Division August 8, 2005 File No: ' D10- OM- 0 §�),:, Andy Karaiskakis Township of Oro-Medonte P-0. Box 100 Oro, ON LOL 2X0 Dear Mr. Karaiskakis: (705) 735.6901 Fax: (705) 727 -4276 Toll Free (800) 263 -3199 Email: rhamelin@county.simcoe.on.ca 1110 Highway 26 Administration Centre Midhwst, Ontario LOL 1X0 FEED FAX THIS END FAX To: A� •S �.�-- Des�� R3R /oS NlseL Fax No.: No. of Pages" From: �oc'f Ir Dale: �r+ RE: Consent Appilcatlon B38 -05 West Part Lots 1 & 2, Plan 3530 1131 Range Road, formerly 2401 County Road 20 Township of Oro - Medonte, formerly Township of Oro Thank you for circulating the above noted application to the County of Simcoe for review. Staff has reviewed the application and has determined that the parcel, formerly known as 2401 County Road 20 was severed in 2000. Asa result of application B15 -2000, the County of Simcoe obtained a 0.3 metre reserve along the frontage of the subject property adjacent to County Road 20, which prohibits access to the County Road. Staff requests that the applicant be made aware of the restriction placed on,the subject property. The above -noted property is located within the Rural designation in the Township Official Plan and is therefore subject to the Rural and Agricultural policies of the County Official Plan. Within this designation, residential development through subdivision by plan,rather than consent, is preferred. Subject to conditions outlined in the County Official Plan (SCOP 3.6.11), the proposed lot size of 6 hectares exceeds the maximum permitted lot area for lot creation in this designation. Policy 3.6.11 states that consent lots should be, developed to an approximate maximum size of one hectare. Therefore, the County of, Simcoe Planning Division does not object to this lot creation provided that the proposed lot size is reduced to 1 hectare. approval of the of (Scat on and the creation and Engineering Division has no concerns regarding the app pp of the new residential lof. In accordance with Section 4.11 of the County of Simcoe Official Plan, this application is also subject to all other applicable Provincial, County and Local policies and by -laws. CORPORATE SERV10ES Fax i:705-726-98 Au-1-1 2005 9:31 P.UZ Please forward a cOPYOf the decision. If you require anyfurther information, please do not hesitate to call 726 -9300 Ext. 1315. Sincerely, Rachelle Hamelin Planner II 7ORO-MEDONTE LD T f O O N O O 1 ( O N People with Special Needs August 9, 2005 Committee of Adjustment Township of Oro- Medonte 148 Line 7 South, P.O. Box 100 Oro, ON LOL 2X0 Re: Application by Tang Wong to Sever Land To Members of the Committee of Adjustment: Simcoe Community Services Foundation is the owner /operator of O'Brien House, a Retirement Residence at 1101 Range Road. This residence offers a tranquil retirement lifestyle to 10 seniors. It has come to our attention that an application is before your Committee from Tang Wong, owner of the property adjacent to O'Brien House, to sever this property into two parcels. Simcoe Community Services Foundation wishes to goon record with objection to this proposed land severance. At the time of occupancy of O'Brien House, it was understood that the land adjacent would not be severed. This was a significant factor in our consideration to choose O'Brien House as an ideal location for retirement living. Any change in this earlier ruling by the Township will be greatly disturbing to our Agency and the seniors who have made O'Brien House their home. These individuals chose to make their new home in the community of Shanty Bay. It was not a decision made easily and was largely made based on the tranquil lifestyle offered at this location. To change the landscape at this time would be an injustice to those individuals as well as to the community as a whole. Simcoe Community Services Foundation requests that the Committee of Adjustment take our concern into serious consideration and deny the request for land severance. Re ctfully, Lynn Price Executive Director Simcoe Community Services Foundation C.C. President, Simcoe Community Services Foundation a aP�o4do'dl]pp Ior People with Cnor;at NPP�i. P.O. BOX 1519, 39 Frasez Court, Barre• ON L4M SEZ t70`�l 26.9082 FX 1g0 51926-68l5 pB _, yLGr U4/�r w 44— 2Yb RED VED AUr, n a Tb05 ORO•M,EDONTE TO!! �tcHIP b � � D J� � -• � J / �p /Iw 1, / /^f 7-,3r� /.l��lLT1�� / ✓W �4 Afy t 12 4 •'OZ.L /% ,p e ��-,, � r �1tS�v%�2� i `r c�1` co vz ate- �x eaG ruz 7, ao6s �` kn Flo AUG 1 1 2005 ORO-MEDONTE c! �_juah-"t RC - cjft-ll am \CcAaq 0 , a ii3i a i - �,v csN A- sca-t-A I�A -ccAlcn C- , c 0 -a , Cd-A TVNQ C sc-�V1 5 Pemberton Lane RR #2 - -- Shanty Bay ON LOL 2LO AUG 1 1 2005 ORO- MEDONTE Committee of Adjustment Oro - Medonte Township August 10, 2005 RE: Application 2005 -B -38 Tang Wong application for severance Dear Committee Members: I am writing to object strongly to the application by Tang Wong to severe the two portions of her newly acquired property at 1131 Range Rd. It is my understanding that previous inquiries about the possibility of severing this property have always been denied. I am not sure why the rules have changed for this applicant. When we bought our home here we did so on the understanding that the property opposite us was woodland and would stay that way. Our quiet enjoyment of a peaceful rural environment will be threatened by residential development on this land. I believe our investment here will be devalued if this application is accepted, and valuable wetlands eliminated. I am also concerned by the suggestion that the township will enter into discussions with the applicant to widen the right of way, with potential for future dedication of the Lane to the Township. Access to this lane has always been deeded to the properties along it, whose owners are responsible for its maintenance, and I am alarmed at the implications for further development should the Township assume that responsibility. The precedents that will be set by acceptance of this application are alarming. I hope the Committee takes a long -range view of this matter and considers the best interests of all residents of the Township. Sincerely, Elizabeth G. Burns To: Committee of Adjustment From: Susan )Foods and Fred Beck Re: Application by Tang Wong for Permission to Sever 1131 Range Road, Shanty Bay Date: August 9, 2005 E AUG 10 2005 ORO,MEDON-N_ We are the previous owners of the lands under discussion and take this opportunity to apprise the Committee of some of the history relating to this property. G -i3 The land was purchased by David Woods in 1947 from Elizabeth Wilson. The property was made up essentially of three parts, that being the woodlot bordering along Ridge and Range Roads, the 1.6 acre parcel on the waterfront, and the right -of -way across this property (now known as Pemberton Lane). The lands are and have always been treated as one lot. We received one tax assessment for the entire property and paid taxes based on a single property. We inherited the property from Susan's parents' estate in 1989 and moved permanently to the property in 1999. By 2002 it had became apparent that the property was unaffordable for us as retired people. We approached the township, through Andria Leigh, then head of planning, and raised the subject of severing the woodlot to the north so that we could sell the waterfront section and build a modest home in the familiar woods. We were told, and believed it to be true, that we could not sever any or all of the woodlot for residential purposes. With great reluctance and sadness we put our home on the market in December 2003. Our real estate agent confirmed with the township at that time that the woodlot could not be severed and priced the property accordingly. Subsequently, we understand that several prospective purchasers received the same information from the township staff. Tang Wong's offer of purchase, dated January 26, was accepted on February 3, 2005. Several conditions were placed on the offer, one being giving 30 days from acceptance to allow the buyer time for due diligence with the planning department at Oro - Medonte. This offer was withdrawn, following this due diligence period, presumably because the purchaser was not satisfied with the information she received. Another offer was received, with an apparently different purchaser and new agent, dated March 24, and after negotiation it was accepted on March 26, 2005. Conditions were waived and the offer was set to close on June 21, 2005. There were no conditions relating to municipal planning matters. On June 28, 2005, the sale was finally completed and the property registered to Tang Wong and Richard Wong. �• 14 We are surprised and dismayed that the township appears to be giving a different version of the Official Plan and Zoning provisions to this applicant. If the property was regarded as one lot since its purchase by our family in 1947, and has consistently since then been deemed to be one un- severable lot, we are very puzzled at how it can now be severed into two. And if two, why not three or ten lots? We have long supported the intent of the Official Plan to maintain the rural integrity of the municipality. Furthermore, the woodlot in question is an important buffer for spring water runoff prior to the water entering Lake Simcoe. Any development on the land will further compromise Lake Simcoe's fragile ecosystem. Finally, we predict that there will more such applications from the new owner, and if the municipality allows this consent to proceed, it will be difficult to argue against others. AUG 11 2005 ORO- MEDONTE Andy Karaiskakis Secretary - Treasurer The Corporation of the Township of Oro- Medonte P.O. Box 100 Oro, Ontario August 10, 2005 Dear Mr. Karaiskakis, I am writing to object to the creation of a new lot under the application of Tang Fen Wong (application for consent, Submission No. 2005- B -38). My husband and I object to the creation of a new lot under the following reasons. The wooded area between Pemberton Lane and Ridge Road serves many purposes. One being that it due to the natural slope of the land it is a natural water run of in the spring and large amounts of water comes from the above roads and fields and runs towards the lake, thus preventing flooding on the farmland, Range Road and our existing properties. Should this water flow be disturbed I am afraid that our properties would be affected and more water accumulation would occur as a result of the disturbed natural water flow. 2. The wooded area also acts as a sound buffer from the high traffic on ridge road particular on the weekends, mornings and evening hours. One of the amenities we all appreciate about our properties on Pemberton Lane is the peace and quiet. This would be disturbed if we started allowing buildings in this wooded area. My husband and I are also concerned with more septic tanks in the Pemberton Lane area. The water exiting these septic tanks threatens our wells and Kempenfelt Bay and Lake Simcoe. There is a big project on at present to preserve Lake Simcoe and allowing more homes with septic tanks flowing into Lake Simcoe is not working towards this preservation. 4. Allowing a new lot on this property would set a precedent for other properties along Ridge Road to be granted the rights to a severance, this would eventually result in more homes being build on the lake side of Ridge Road and our lake being environmentally threatened. Large lots serve a purpose of preserving the natural areas around the lake as much as possible. Making smaller lots and granting permission to build more homes on the lake is a step backwards. G 4% Page 2 Letter of Objection Re: Tang Fen Wong August 10,2005 I would ask that this letter be entered into the record of the hearing on August 11, 2005 and that I be informed of all future developments. p—IJ , Shanty Bay 13 Pemberton Lane RR # 2 Shanty Bay ON LOL 2LO Committee of Adjustment Oro - Medonte Township August 10, 2005 G -1c► XCEI E AUG 1 1 2005 ORO- MEDONTE RE: Application 2005 -B -38 Tang Wong application for severance Dear Committee Members: We are writing to object strenuously to this application for severance. We have five major objections: 1) We feel betrayed by this abrupt reversal in interpretation of the Official Plan and Zoning bylaws. Advice from the consultant who prepared the staff report directly contradicts advice given by the Township's Chief Planner to my family, realtors, potential buyers of the property and the applicant herself as late as April 2005. My family made serious life decisions based on this advice. Prospective buyers were turned away by this advice. The property in question bears two zoning designations but has always been treated by the Township as a single property with one Roll Number and one bill. The zoning designations are shoreline residential and agricultural rural, united by a right of way that is also owned by the applicant. We were told "you cannot separate one from the other." Now however, the applicant is being told "you can separate the other from the one." Does this make sense to anyone? 2) We and others who have lived on Pemberton Lane chose to do so based in large part on the rural, wooded and unspoiled nature of the environment. We felt assured by township staff that this natural environment would not be developed. Now the wooded lot that is a wetland for much of the year and home to many species of plants and animals is threatened by development. 3) We question the Township's commitment to developing and applying a consistent plan that is in the best interests of Township residents. What exactly changed between April and July 2005? Given that neither the Official Plan nor the Zoning bylaw has changed, we are forced to conclude that only staff and consultant interpretations have changed. The reasons for this change are unknown to us. But is the Township prepared to reverse itself and face the implications for many other similar, dual -zoned properties along the shoreline? Is the township's planning to be governed by an ad hoc, reversible set of staff and consultant decisions rather than a consistent vision that is accountable to Township rate payers? Who provides oversight and consistency? Who takes into consideration the enormous human cost exacted by these reversals? 4) Not only are there enormous human costs in this situation but significant financial ones. The owner of the property under the new interpretation of the bylaws stands to profit exponentially at the expense of the prior owners. The property would not have been sold in the way it was if this new interpretation had been made known to both parties. If only one party were aware of the second interpretation it calls into question the validity of the agreement. And if both parties were unaware but one party stands to benefit significantly, can the Township be held accountable for the financial losses to the seller? 5) The somewhat cryptic wording towards the end of the staff report is puzzling. It suggests deferral of a decision on this application in part for "some further discussions with the applicant regarding the potential to obtain a road widening on the south side of Pemberton Lane to facilitate the improvement of Pemberton Lane in the future. Future dedication of Pemberton Lane to the Township would facilitate development in the wooded portion of the property. Is it the Township's intent to acquire rights of way and private roads throughout the area and if so, what are the implications for the others who front onto such roads? It appears that Township staff and consultant have undertaken a role to coach the applicant in circumventing restrictions to development in the Official Plan. Is this an appropriate role for public servants entrusted with the public good? Yours truly, John Connolly d Deborah Woods Ca. —'L t AUG 1 1 2005 ORO- MEDONTE TOWNSHIP 1-0 z- �)- L© ��'' ee Ylr� j�r�Q � tc, U�.� � �t � Oro - Medonite Committee of Adjustment: Re:Application by Tang fen Wong Range 2, west Part Lots i & 2, RP 51 R -3530, Part 3 & 4 1131 Range roadf {Former Township of Oro To whom it may concern. RECE1� - AUG 1 1 2005 ORO- MEDONTE We are extremely concerned with the request of Mrs. Wong to permit a new residential lot as per the application consent submission No. 2005 -8-38 The Township of Oro - Medonti commiteee of adjustment planning report for August 11,2005 states that there were no previous applications for severence of the lot in question- this is an incorrect statement. On numerous occasions Oro - Medonti staff were approached by real estate persons and as you have already heard from Mr.& Mrs. Beck only to be told that severance was not possible. On being advised that severance was not possible it would have been foolish for Mr. & Mrs Beck to spend $700.00 plus to initiate an application for severance. While O,Brien House was permitted as an institional structure we feel thatproperty to be suffient for the lot. in question You will be pushing the enviromental limits, cutting down mature trees, upsetting the water table of a pristeem wooded lot, which is home of numerous deer and wild fife. Our family has owned property on what is now called Pemberton Lane since 1930 -75 years. We have been refused severance of our lot on numerous occassions- nonwithstan ding that our lot is designated shoreline in the official plan we fail to understand how youy can consider any severance which will affect the value of our property and the enviorment to which we all have a right to enjoy and protect. We urge you to reject outright this application of severance in the best interest of the enviroment lake Simcoe our wild life and our community. Yours truly Frank and Kathy Rolph 17 Pemberton Lane Shanty Bay RECEIVER / S AUG 1 i 2005 ORO- MEDONTE T NSHIP _ f l ����� dl— Ll 0 CQ--r.1y e_ t4 0 e r `7a 'of 4CqA'� ��- 0 _0 if,= i G V'll d.) �`e. y /vy c� , 4e,-v Township Of Oro - Medonte Committee of Adjustment P.O. Box 100 Oro, Ontario LOL 2X0 Phone: 705 487 -2171 Thursday August 11, 2005 To: Committee of Adjustment From: Kim Maxwell Re: Submission No. 2005 -13-38 Application by Tang Fen Wong Range 2, West Parts Lots 1 & 2, RP 51 R -3530, Part 3 & 4 1131 Range Road (Former Township of Oro) G. -3o AUG 1 1 2005 ORO- MEDONTE I am writing to oppose the application made by Tang Fen Wong to create a new residential lot by severance of the property at 1131 Range Road located a short distance down Pemberton Lane from my family cottage at 1 Pemberton Lane. I believe that this application should be dismissed, because it goes against the Township of Oro Medonte's vision, specifically the principles of Pillar 1 — Protect the Natural Environment and Pillar 3 — Protect the Township's Rural Character (See attached Appendix provided for easy reference). It is stated in the township's Official Plan that the quality of life is created, in large part, by the rural character of the community, the open countryside, farmland, extensive wooded areas, Lake Simcoe, and so on. Furthermore, it is acknowledged that there will be significant pressure for development and that the role of the Official Plan is to protect and show due regard for any environmental impact that development may have. The pillars and principles derived from the Township's vision clearly state that environmental features and ecological functions are of paramount importance and supersede any deve oprnent of natural woodlands, such as those in this application. The lot under application is part of a large area of continuous and significant woodlands. This woodlot contains both deciduous and coniferous tree species. A stream running through the adjacent forest property to the east continues through the woodlot and empties into the southeast portion of the woodlot. This area is characteristically marshy particularly in the spring and fall and during heavy rainfalls. Naturally, all runoff filters down to Lake Simcoe. The woodlot absorbs, filters, and moderates the impact of spring runoff and rainfall, thus, protecting the land and the steep embankment along the shoreline from erosion. Furthermore, this woodlot is of tremendous value in terms of habitat and biological G -31 diversity. It also provides a wildlife corridor and is an important transition zone between the agricultural land north of Ridge Road and the shoreline residential properties and subsequently Lake Simcoe. I believe that the lot under application for severance needs to be reviewed and considered under the definitions and conditions outlined in the Environmental Protection Two designation of the Township's Official Plan. According to the Official Plan (F1.2), significant woodlands, wildlife habitat areas, and wetlands included woodlot within Environmental designation. at henatre of this meets these criteria for the Envir nmentalPrtection Two designation. Most significantly, section F1.2 states: "It is recognized that the rivers and streams in the Township are important components of the Township's natural heritage system. Although these watercourses are not within the Environmental Protection Two designation, they are considered to be environmentally significant and they are dealt with specifically in Section G1 of this Plan. (Modification #63)" Section G1 of this Plan goes on to state: "It is the intent of this Plan to protect all rivers and streams from incompatible development to minimize the impacts of such development on their function. In this regard, no development is permitted below the top of bank of any river or stream or within 30 metres of the top of bank." In addition, Section G4 outlines and describes the Official Plan's intent to protect natural corridors and potential natural corridors: ,,it is the policy of this Plan that the integrity of the natural corridors and potential natural corridors be preserved wherever feasible to protect existing linkages and encourage the development of new linkages. In this regard, if an Environmental Impact Study (EIS) is required by this Plan, one of the components of the EIS will be to review the impacts of the proposed development on these natural corridors." I request that the land use designation of the woodlot under application be reviewed and considered for an Environmental Protection Two designation. I would further support that the woodland properties both to the east and west of the woodlot under application be reviewed in a similar manner as this entire area is one continuous woodland and wildlife habitat of significant ecological and environmental value. It is my family's understanding that this entire forested area was designated as a protected environmental zone in the 1970s. The beauty and ecological value of the land has not changed and the environmental protection designation should be reinstated. This forest should not be fragmented or lost to any further development. Currently, in Oro - Medonte there is enough cleared land for residential development purposes. If we want to preserve the natural beauty and environment of this township, we cannot support the destruction of a significantly large woodland that contains old growth stands such as that on the lot under application and the adjacent lots. An environmental impact study needs to be carried out in accordance with G4 of the Official Plan (see above) and the Official Plan Amendment #17 General Update to Official Plan, dated August 2003 Item #19 that states: ITEM # 19 Section D10.3.8 is amended by deleting the last sentence and replacing it with the following: "Amendments to this Plan that have the effect of permitting additional residential development adjacent to the Shoreline designation will be discouraged. If such an application is submitted, the appropriateness of the immediate area for development from an environmental, servicing, character and traffic perspective shall be assessed. If major development is proposed, a detailed review of the entire shoreline area shall be carried out to determine if the proposed location is suitable and appropriate from a growth management perspective." In summary, this amendment clearly states that residential development adjacent to the shoreline designation will be discouraged. Given the overwhelmingly unanimous opposition from all neighbouring property owners, who express grave concerns about the impact on the character of the land and the potential environmental destruction, the Committee must uphold this amendment and deny the application. Furthermore, to even consider such an application, the impact on the character, environment, servicing, and traffic of the area must be assessed. The most appropriate means to assess the environmental impact on the area is to conduct an Environmental Impact Study (EIS). Yours sincerely, Kim Maxwell, B.Sc., B.Ed. 1 Pemberton Lane Shanty Bay, LOL 21-0 Thursday August 11, 2005 +� 3 Appendix 1 A2.1 PILLAR #1 - PROTECT THE NATURAL ENVIRONMENT A2.1.1 Principles • The protection of significant environmental features and their associated ecological functions shall take precedence over the development of such lands. • A thorough understanding of the natural environment, including the values, opportunities, limits and constraints that it provides, shall guide land use decision making in the Township. • Land use planning shall contribute to the protection, maintenance and enhancement of water and related resources and aquatic ecosystems on an integrated watershed management basis. • The Oro Moraine is considered to be the heart of the natural heritage system in the Township. This area requires protection from incompatible activities and uses that would have a negative impact on the critical natural features and ecological functions associated with the moraine. • The loss or fragmentation of significant woodland features and the habitats and ecological functions they provide shall be minimized. • Changes to the water quality and hydrological and hydrogeological characteristics of watercourses, lakes and wetlands are to be minimized and no development will be permitted that will result in a negative impact to the critical functions and processes of these features. A2.3 PILLAR #3 - PROTECT THE TOWNSHIP'S RURAL CHARACTER A2.3.1 Principles • The consolidation of residential development in existing settlement areas will be encouraged in order to protect the character of the rural areas. A very limited amount of rural residential development, in the form of individual lots for bona -fide farmers and through the process of infilling, may be permitted. The development of new residential subdivisions in the rural or agricultural area is not permitted by the Official Plan. Township Of Oro - Medonte Committee of Adjustment P.O. Box 100 Oro, Ontario LOL 2X0 Phone: 705 487 -2171 Re: Submission No. 2005 -B -38 Application by Tang Fen Wong Range 2, West Parts Lots 1 & 2, RP 51R -3530, Part 3 & 4 1131 Range Road (Former Township of Oro) Dear Members of the Committee, C4W,0-#i4 AUG 1 1'2005 •;�• In the matter of the Application for Consent by Ms. Wong there are a number of issues regarding this application which are a matter of grave concern to all of the surrounding area and the Township: 1) The application as proposed does not conform to the Official Plan. 2) An amended plan as proposed by Andy Koraiskakis, acting in the interests of the developer, would also not conform to the Official Plan. 3) The application by Ms. Wong contains material misrepresentations. 4) The Committee of Adjustment Planning Report contains misrepresentations and omissions. 1) The application as proposed does not conform to the Official Plan. As per "Township of Oro - Medonte, Committee of Adjustment Planning Report for August 11, 2005" Page 2, Paragraph 1, following the citation of D3.3.1: "As the subject property has a lot area of approximately 7.2 hectares and it appears that the lot for the former O'Brien House was created since 1973, the application does not conform with the official plan." This alone should be sufficient to reject the application for severance. 2) An amended plan as proposed by Andy Koraiskakis, apparently acting in the interests of the developer, also would not conform to the Official Plan. As per "Township of Oro - Medonte, Committee of Adjustment Planning Report for August 11, 2005" Page 2, Paragraph 2: "However, if the lot to be severed was located in the Shoreline designation instead, then the policies of the Shoreline designation would apply to the application. The policy below provides the basis for the consideration of new lots be[sic] consent in the Shoreline designation: G -35 D10.3.7 New residential lots by consent The creation of new lots for a residential use by consent to sever is permitted, provided a Plan of Subdivision is not required in accordance with Section D10.3.5 (my emphasis) and provided the proposed lot and the retained lot [(Modification #53):1 a) fronts onto an existing public road that is maintained year round by a the Township or County; b) will not cause a traffic hazard as a result of its location on a curve or a hill; and, c) can be serviced with an appropriate water supply and means of sewage disposal." Andy Karaiskakis fails to mention D10.3.5 Preferred means of land division (c): "Land division by Plan of Subdivision /Condominium (Modification #51) rather than by consent, shall generally be deemed necessary if:... c) the area that is proposed to be developed is not considered to be infilling;... Andy Karaiskakis' suggestion that the intent of the Official Plan be subverted by switching which part was to be severed from the other, apart from making a mockery of the Official Plan, also does not conform to the Official Plan even if section DI O(SHORELINE) is incorrectly applied to Part 1. From D10.3.8 (Official Plan, Page 81): "Infilling is defined as development that abuts a developed area on two sides and/or is located within a block of land that is surrounded by public roads on at least three sides." Clearly this area is not infill as it abuts a woodlot on the east side, another woodlot on the West side, and a farmer's field immediately to the north. In addition, the block of land where the developer is attempting to sever is only surrounded on two sides by public roads hence it cannot be subdivided. Moreover, the area labeled "Part 1" is currently classified as Rural and as such, section D3 applies; specifically: "D3.3.1 The creation of new lots for residential purposes In accordance with the intent of this Plan to maintain the rural character of the Township, only a limited number of new lots for residential purposes can be created in the Township. In this regard, only one new lot can be severed from a lot in the Rural designation that has an area of at least 36 hectares or is the whole of an original Township lot provided a lot has not been severed from the parcel after March 26, 1973.(my emphasis)" With respect to D3.3.1, a lot (designated O'Brien House on Figure 2 — SKETCH) has already been severed from the lot, and the area of the existing lot is less than 36 hectares, hence no further lots may be severed. G.,Ito Even under the most convoluted interpretation of the Official Plan, this lot cannot be subdivided. To take a larger view for a moment, we should refer to the objectives of SECTION 3 — RURAL (Official Plan, Page 54): "D3.1 OBJECTIVES • To preserve and promote the rural character of the Township and the maintenance of the open countryside. • To prevent the intrusion of land uses which are incompatible with the rural character and/or resource activities of the area." Clearly cutting the heart out of a large wooded area violates the intent of the Official Plan to "preserve and promote the rural character of the Township" as well as the goal of "the maintenance of the open countryside ". NOTE: As per OPA17, August 5, 2003, adopted by the council on the 21" day of August, 2003 Page 18: ITEM # 3 Sections D2.3.4, D2.3.9, D2.3.10, D3.3.6, D3.3.7, D4.3.1, D4.3.2, D5.3.3, D10.3.5, D10.3.7 and Dl 1.3.2 are deleted and the remaining sections are re- numbered accordingly. This renders all of D10.3.7 null and void so that "New Residential lots by consent" are no longer permitted according to the Official Plan and hence the Application for Consent must be rejected. Also D10.3.5 (Preferred means of land division) is null and void as well, rendering my previous references to it obsolete. 3) The application by Ms. Wong contains material misrepresentations. - On page 2: 4. Description of land intended to be conveyed: PART 1, The developer has entered "Existing Use" as "Vacant ". This in fact is currently a wooded area (Rural) with marshlands and a stream running through it. On page 2: 4. the "Proposed Use" is listed as "residential ". This appears to be a back -door attempt to rezone PART 1 from "Rural" to "Residential Settlement Area'. It is my contention that this would need to be done by a zoning change, not buried in a severance application. On page 4: 19. "Is the parcel subject to any easement or restrictive covenants affecting the subject land ?" The applicant has stated "No" even though she was well aware that the properties along what is now known as Pemberton Lane have a deeded right of way through the property. This is also on the title of the property she purchased, and Ms. Wong was well aware of the right of way when she made the offer to purchase. For these misrepresentations alone, it is my submission that the application for severance be rejected. C,t-, ;I 5) The Committee of Adjustment Planning Report contains misrepresentations and omissions. With regard to the "Committee of Adjustment Planning Report for August 11, 2005" there are a number of errors, namely: a) As outlined above in "(2) An amended plan as proposed by Andy Koraiskakis, acting in the interests of the developer, would also not conform to the Official Plan." It ignores the clause in the first section of D10.3.7 namely: "provided a Plan of Subdivision is not required in accordance with Section D 10.3.5" Please refer to the abovementioned section (2). Clearly, putting a house in the middle of a completely wooded area would not be "infill" as intended by the Official Plan. Additionally, even if a an egregious claim were made that this was "infill ", the proposed lot fails to qualify under the definition outlined under both D3(Rural) and a D10(Shoreline) NOTE: As per OPA17, August 5, 2003, adopted by the council on the 215` day of August, 2003 Page 18: ITEM # 3 Sections D2.3.4, D2.3.9, D2.3.10, D3.3.6, D33.7, D4.3.1, D4.3.2, D5.3.3, DI 0.3.5, D10.3.7 and D11.3.2 are deleted and the remaining sections are re- numbered accordingly. This renders all of D10.3.7 null and void so that "New Residential lots by consent" are no longer permitted according to the Official Plan and hence the Application for Consent must be rejected. Also D10.3.5 (Preferred means of land division) is null and void as well, rendering my references to it obsolete. b) The planning report completely misquotes: D10.3.8 Limits of Shoreline development (Official Plan Page 81) From Page 2, Paragraph 2 of the Planning report Mr Karaiskakis states: "The proposed lot and the lot to be retained appear to meet the policies for the creation of new lots in the Shoreline Designation. hi addition, Section D10.3.8 states that `new residential development in the Shoreline Designation will be limited to small -scale subdivisions on the shoreline or minor infilling by consent.' It is our opinion that the new lot conforms with this intent." This particular section of the Planning Report leaves me almost speechless. It is a complete willful misinterpretation of D10.3.8. D10.3.8 Limits of Shoreline Development reads in full: "The farther expansion of the shoreline development area onto lands that are not designated Shoreline is not permitted by this Plan. (my emphasis) Exceptions may be granted through the approval of an Official Plan Amendment if the expansion is small in G- 3$ scale and is focused on the shoreline or is considered to be infilling.(my emphasis) Infilling is defined as development that abuts a developed area on two sides and/or is located within a block of land that is surrounded by public roads on at least three sides. The creation of strip development across from existing development on existing public roads is not contemplated by this Plan. Council may consider such minor amendments to the Official Plan to re- designate lands for such limited shoreline development, provided Council is satisfied that: a) The lots will have an area of 0.6 hectares or greater; b) The majority of the existing tree cover on the proposed lots is retained and protected as part of the approvals process; c) The development is compatible, in terms of scale, density and character, with existing development; d) The proposed lots, if located on the shoreline, have a water frontage of no less than 45 metres; and, e) The lots would conform to the general subdivision and consent policies of this Plan. For Plans of Subdivision that involve the creation of lots with water frontage, only a single tier of lots shall be created, all with water frontage, as set out in Section Di 0.3.6 of this Plan. In addition, no new lots with direct access to County Roads are permitted." NOTE: As per OPA17, August 5, 2003, adopted by the council on the 21St day of August, 2003 Item #19 "Section D10.3.8 is amended by deleting the last sentence and replacing it with the following: `Amendments to this Plan that have the effect of permitting additional residential development adjacent to the Shoreline designation will be discouraged. If such an application is submitted, the appropriateness of the immediate area for development from an environmental, servicing, character and traffic perspective shall be assessed. If major development is proposed, a detailed review of the entire shoreline area shall be carried out to determine if the proposed location is suitable and appropriate from a growth management perspective. "' D10.3.8 starts with the unequivocal statement: " "The further expansion of the shoreline development area onto lands that are not designated Shoreline is not permitted by this Plan. " The only possible exception to this is: "if the expansion is small in scale and is focused on the shoreline or is considered to be infilling." Seeing as the applicant would be attempting to add 6 hectares (14.8 acres) to the Shoreline designated property, it obviously is not "small in scale ". With regard to the change being "focused on the shoreline" it is in actuality the exact opposite, severing the woodlot from its traditional attachment to the shoreline. With regard to the "considered to be infilling" angle, I would submit that dropping a new house in what is almost the exact middle of a substantial wooded area, on a woodlot that that is surrounded by other wooded areas could in no way shape or form be categorized as "infill" As I stated in (1) above even if you were to try to misapply the D10(Shoreline) definition, the lot in question would still not qualify as "infill ": From D10.3.8 (Official Plan, Page 81): " Infilling is defined as development that abuts a developed area on two sides and/or is located within a block of land that is surrounded by public roads on at least three sides." Clearly this area is not infill as it abuts a woodlot on the east side, another woodlot on the West side, and a farmer's field immediately to the north. In addition, the block of.land where the developer is attempting to sever is only surrounded on two sides by public roads (Range Road to the West, and Ridge Road to the North) hence it cannot be subdivided. The more appropriate definition would be that of the D3(Rural) section. The original section states: D2.3.2.2 Definition of an infilling lot (Official Plan Page 48): "An infilling lot is a lot that is located between two existing residences that are situated on the same side of the road and are not more than 100 metres apart. (Modification #32)" Clearly with more than 285 meters between the residences on either side, this in no way could be considered "infill ". The council decided that the wording of D2.3.2.2 was susceptible to people trying to pervert its intent, so they amended the definition as per OPA17, August 5, 2003, adopted by the council on the 21" day of August, 2003 Item #6 "The Section heading of Section D2.3.2.2 is deleted and replaced with `infilling Lots'. The remainder of the Section is deleted and replaced with the following: `The creation of a new infilling lot in the Agricultural designation may be permitted, provided: a) the lot is located between two existing non -farm residences which are on separate lots of a similar size and which are situated on the same side of the road and are generally not more than 100 metres apart; b) no more than one infilling lot is created from a lot that existed on the date of approval of this policy; c) the proposed lot will conform to the Minimum Distance Separation One Formula and will not affect the ability of neighbouring farmers to expand their operations in the future; d) the lot from which the infilling lot is to be created has an area of at least 20 hectares; and, e) the proposed lot will conform with the general consent policies of this Plan. "' G _yo Under (a) "separate lots of a similar size and which are situated on the same side of the road and are generally not more than 100 metres apart" it is obvious that the lots to the North (labeled "O'Brien House ") and the proposed lot to the south (labeled "Part 2 ") are more than 100 meters apart. 285 meters separate the two lots. Under (d) "the lot from which the infilling lot is to be created has an area of at least 20 hectares" the lot in question clearly fails as well, being only approximately 6.7 hectares in its entirety. The proposed lot is not an infilling lot and hence cannot be severed as a "Infilling Lot ". The application to sever by consent should therefore be rejected. Perhaps the most damning section of the Official Plan in this regard is the revision of D10.3.8 as per OPA17, August 5, 2003, adopted by the council on the 215 day of August, 2003 Item #19 as I have noted above: "Amendments to this Plan that have the effect of permitting additional residential development adjacent to the Shoreline designation will be discouraged." It is almost as if council saw exactly these sorts of applications coming and acted in a . preemptive manner so there would be no confusion. If, even in the face of dozens of deficiencies in an application such as this, someone were to try to pursue the severance, the council added yet more protection: "If such an application is submitted, the appropriateness of the immediate area for development from an environmental, servicing, character and traffic perspective shall be assessed. If major development is proposed, a detailed review of the entire shoreline area shall be carried out to determine if the proposed location is suitable and appropriate from a growth management perspective." (lbid) Being located in a woodlot, surrounded by wooded area, with a stream running through the middle of the property, being a corridor for wildlife and a buffer zone separating the shoreline areas on the lake from the agricultural lands north of the Shanty Bay Road, and faced with the unanimous opposition of all of the local residents, I can think of no other application which would be more appropriate for assessment, a "detailed review" and wholehearted rejection. There is one other matter that I feel needs to be directly addressed regarding the Planning Report, namely the "Figure 2 — SKETCH" attached to the Planning Report. This sketch contains a number of material misrepresentations which are extremely misleading, if not outright deceitful. a) The area immediately to the north of the lot in question is labeled "Vacant" when in fact it is a farmer's field. Coming from farming ancestors, the labeling of productive fields as "vacant" is both insulting to me and flies in the face of ALL of the stated intentions of the Official Plan. Farmland is not "vacant land" Ci4 until some developer carves it up, or paves it over. It is an integral part of not just our community but of our very existence. b) The area immediately to the west is also labeled "vacant'. This land is a woodlot that has been in the stewardship of our family since the 1920s. The "vacant' appellation similarly insults not just the generations of my family who have protected this area but also belittles the value of the natural landscape upon which we all depend for the very air that we breathe. c) The areas to the northwest and to the southwest are both labeled "Residential" when in point of fact the large expanse of land immediately to the west of the lot is a large wooded area. The glaring omission of that fact would lead someone unfamiliar with the area to incorrectly infer that the entire unlabelled section to the west of the lot was "Residential' instead of the dense cedar forest that it is. d) The two areas to the west and to the east of what is labeled "Part2" are labeled on the sketch as "Residential' when they are actually "Shoreline" designated areas. I would ask the Committee to look into why such a grossly misleading diagram was generated by the township, if it was not in fact generated by the developer or their agents. Satellite or Aerial imagery is readily obtainable from a number of sources including the county of Simcoe. The true nature of the area in question would be readily apparent with even a casual perusal of these images such as the one I have brought with me today. In conclusion, I would like to thank the Committee for their time and service and we look forward to a decision that is in keeping with the Official Plan for Oro - Medonte. 7 eter e axwell 1 Pemberton Lane, Shanty Bay, ON Township of Oro - Medonte Committee of Adjustment Administration Centre u, 148 Line 7 South, Box r,, 1tD6 Oro, Ontario, LOL 20 Attn: Andy Karaskakis, Secretary- Treasurer Dear Mr. Karaskakis: Re: 3 Pages sent by fax only Township of Oro - Medonte Consent Application -1131 Range Rd. Project No.221 We have reviewed the resident letters regarding their concerns relating to the above mentioned consent application. 'VJe provide the following comments and request that this letter be copied and provided to all members of the Committee of Adjustment for their information. L Letter dated August 9, 2005 - Simcoe Community Services Foundation Concern related to the ongoing tranquility and lifestyle of the 10 residents of the O'Brien House. Comment: The current designation of Agricultural/Rural permits only 1 single family dwelling to be constructed on the 6 ha. property. No further division of this property is perntitted. One' additional dwelling should not impact on the tranquility of the existing residents. 2. Letter dated August,7, 2005 - Mr. O'Hare Concerns relate to a) A precedent being set for other lands to be severed. No precedent w711 be set as all applications must conform to the Official Plan and Zoning policies of the Township. This .panmularproperty does conform to the existing policies. b) A realestate agent had advised that the property could not be severed. Our firm is a land use.planning firm and we have reviewed the relevant planning policies and the property does conform to the appropriate Official Plan policies and can be severed as proposed. C) Was advised by the previous owner that the property could not be severed. Our firm is a land use planning firm and we have reviewed the relevant planning policies and the property does conform -to the appropriate official Plan policies and can be severed as proposed. P.O. BOX 834, ORILLIA, ONTARIO L3V 6K8 TEL: (705) 327 -2070 FAX: (705) 327 -2434 Problem solving through Mediation o8/1&/2005 13:09 FAX 7053272434 RUDY ASSOCIATES Township of Oro- Medonte Wong Consent Application Project No.221 G -43 Page 2 Recently, the Township undertook a new Official Plan. Section D10 of the Shoreline policies permits the division of the site from the `Agricultural/Rural designation if the entire lot is not in the Shoreline designation, providing the dwelling(s) is located or is to be located on lands that are designated Shoreline. This site represents that situation exactly. d) Major cutting and removal of trees would be an environmental concern. Only 1 residential dwelling is being proposed on the 6 ha. site. Limited tree cutting would be required to site one dwelling. e) An additional lot would negatively impact on the surrounding property values. An additional residential lot would not impact surrounding property values. 3, Letter dated August 7, 2005 - Mary Percival Maxwell Concerns relate to: a) The lands have always been regarded as part of the "estate nature' of the waterfront properties along Pemberton Lane. The property is privately owned and not linked with the estate of the waterfront lots. Area residents tnay currently use the property; but it is a privately owned property. b) Lands along Lake Simcoe considered as a "protected environmental zone ". The property north of Pemberton Lane is currently designated Agricultural/Rural and not of environmental protection status. C) A precedent will be set by creating anew residential lot on the property. No precedent will be set as all applications must conform to the Official Plan and Zoning policies of the Township. This particular property does conform to the existing policies q. Letter dated August 9, 2005 - Susan Woods and Fred Beck Concerns relate to: a) They were told they could not sever any or all of the woodlot for residential purposes. Our firm is a land use planning firm and we have reviewed the relevant planning policies and the Property does conform to the appropriate Official Plan policies and can be severed as proposed. Recently, the Township undertook a new Official Plan. Section D 10 of the Shoreline policies pen-nits the division of the site from the Agricultural/Rural designation if the entire lot is not in the Shoreline designation, providing the dwelling(s) is located or is to be located on lands that are designated Shoreline:. This site represents that situation exactly. OA /10.'2005 13:09 FAX 7053272934 RUDY ASSOCIATES Township of Oro- Medonte Wong Consent Application Project No.221 ;:: br) Can additiona7`or thultiple lots be granted'on this site. The Official Plan policies only permit one single family dwelling to be constructed on the site. The property cannot be subdivided further into additional lots. �ooa Page 3 C) Rural integrity of the municipality and the existing lot is a buffer for spring water runoff for Lake Sifncoe.-� One additional residential,' lot on 6 ha. will not impact on the rural integrity of the township. The runoff will not be impact by the addition of one additional residential dwelling. Please note on February '21, and March 7, 2005, I spoke to Andria Leigh, the former Planning Manager, regarding the possibility of severing the property along the two designations only. It was indicated that only 1 severance could be applied for and it would have to be along the two designations as it was permitted in.Section D10 of the Shoreline policies of the Official Plan. I trust this is of assistance when considering the above severance application. We will discuss these issues in greater detail with the Committee on August 1.1. Please feel free to contact our office with any questions. Yours very truly, RUD,Y�& A�ssoci 3ays Ltd.. Angela M. Rudy, PP Planner * Mediator HVI 2 Pemberton Lane Shanty Bay ONLOL 2L0 Bruce Hoppe Chief Planner Township of Oro - Medonte 148 Line 7 South Oro, ON LOL 2X0 Re: Woods Severance Application B -15 -00 August 31, 2005 Dear Bruce: AUG 31 M Ot:iO- MEDONTE On behalf of the Pemberton Lane Homeowners Association I would like to request information from the Township on the Woods severance of land to the Abbeyfield Housing Society of Shanty Bay for the creation of O'Brien House. I need a) the report from the Planning Department recommending the severance on or around late May or June 2001 b) the Committee of Adjustment decision to allow the severance. Bruce it is vital that I receive these by Friday September 2. Thank you for your prompt attention to this matter. Sincerely, 9 Robert H. O'Hara cc Andy Karaiskakis Committee of Adjustment Planning Report July 12, 2001 Susan Woods Range 2, Part of Lot 2 (Former Township of Oro) The Proposal 11:44b B -15100 The applicant is proposing to convey a new lot for a senior's home. The land to be conveyed has a lot frontage of 60.96 metres (200 feet), a lot depth of 114.3 metres (375 feet) to 122.5 metres (402 feet), and a lot area of 0.809 hectares (2 acres). The land to be retained would have an irregular lot frontage, and lot depth, and a lot area would be approximately 7.14 hectares (17.6 acres). Policy Official Plan Designation: Rural and Shoreline Zoning By -law: Agricultural/Rural (A /RU) and Shoreline Residential (SR) Zones Comments Roads Superintendent: Health Unit: No objection Planning Department Comments Background This application was previously granted by the Committee of Adjustment on June 15, 2000 subject to conditions being completed by the applicant. This approval is in force for a period of one year in accordance with the Planning Act requirements however the conditions were not all satisfied by the applicant and therefore the approval has lapsed. This application contains the same information as the application granted in June 2000. Official Plan The subject property is designated Rural and Shoreline in the Township's Official Plan. The proposed consent would be located on a portion of the property designated Rural and as such those would be the applicable policies. The Rural designation does include institutional uses as a permitted use on lands within this designation. New institutional uses would be subject to the policies of Section D 3.3.2 which outlines that such uses are pennitted without an amendment to the Official Plan and are subject to criteria as part of an amendment to the 2 = ;► Zoning By -law, The Plan also indicates that such uses may be subject to site plan control and this would be a requirement for the subject property. The Plan does further indicate that the creation of new lots to pen-nit an institutional use is generally not pennitted; however this does allow an opportunity for the Committee to detennine the appropriateness of any request for consent. The proposed site can be designed to blend into the rural surroundings and this can be protected through the site plan control process. A municipal road services the site and entrance approval would be required from the Township prior to construction of the building. Approval is required from the Simcoe County District Health Unit to ensure the size of the property is sufficient for the proposed use. The intended use of the property is for an "Abbeyfield Home" in which seniors can reside with limited services provided to them within their own community. Within the conununity of Shanty Bay there is not alternate location available for such a use to occur on lands currently recognised as institutional and as such this would be an appropriate alternate location. Zoning By -law The subject property is zoned Agricultural /Rural (A/RU) and Shoreline Residential (SR) in Zoning By -law 97 -95, as amended. The location of the proposed consent would be within the Agricultural/Rural (A/RU) Zone but would be required to be rezoned to the Institutional zone if the consent is approved. Both the severed and retained lots comply with the zone provisions for lot frontage and lot area requirements for the respective zones. The application is therefore deemed to conform to the provisions of Zoning By -law 97 -95. Conclusion The proposed application for consent for an institutional use would appear to comply with both the Official Plan and Zoning By -law based on the comments provided above. Recommendation It is recommended that Consent Application B -15/00 be approved subject to the standard conditions and a rezoning of the severed lot to the Institutional (1) Zone. R • V S -3 THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE P.O. BOX 100, ORO, ONTARIO, LOL 2X0 (705) 487 -2171 COMMITTEE OF AD3_USTMENT NOTICE OF DECISION Application No. B -15/00 IN THE MATTER OF Section 53 of The Planning Act, R.S.O. 1990 , c,P. 13 as amended; and IN THE MATTER OF the Official Plan of the Township of Oro - Medonte; and IN THE MATTER OF Comprehensive Zoning By -law 97 -95, as it applies to the particular application; and IN THE MATTER OF Application B -15/00 submitted by Susan Woods owners of Range 2, Part of Lot 2, (Former Township of Oro) WHEREAS the applicant is proposing to convey a new lot for a retirement home. The land to be conveyed has a lot frontage of 60.96 metres (200 feet), a lot depth of 114.3 metres (375 feet) to 122.5 metres (402 feet), and a lot area of 0.809 hectares (2 acres). The land to be retained would have an irregular lot frontage, and lot depth, and a lot area would be approximately 7.14 hectares (17.6 acres). WHEREAS the subject property is designated "Rural and Shoreline" in the Official Plan, and Zoned "Agricultural/Rural (A/RU) and Shoreline Residential (SR)" under Zoning By -law 97 -95; and WHEREAS having had regard to those matters addressed by The Planning Act, in accordance with the rules and procedures prescribed under Ontario Regulation 200/96, as amended, and having considered all relevant information as presented at the public hearing on the 12'h day of July 2001. PAGE # 2 2ww4 APPLICATION B -15100 COMMITTEE OF ADJUSTMENT DECISION BE IT RESOLVED that: Moved by, Allan Johnson seconded by, Albert Press "That the Committee hereby GRANT Application B -15/00 subject to the following conditions: 1. That the Simcoe County District Health Unit approves of the application, in writing. 2. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary or appropriate registerable description. 3. That three copies of deeds be submitted to the Committee Secretary to be stamped using Form 2 as prescribed in the Planning Act. 4. That all Municipal taxes be paid to the Municipality. 5. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of giving of this notice. 6. That the applicant apply for a Rezoning for the severed lot. 7. That the applicable County of Simcoe (Re: Letter July 11/2001) conditions #1 -7 be satisfied. .....Carried." Additional information regarding this Application is available for public inspection at the Township of Oro- Medonte Administration Centre, 148 County Road 27 South in Oro Station, Ontario, Monday to Friday, between the hours of 8:30 a.m. and 4:30 p.m. • PAGE #3 APPLICATION B -15/00 COMMITTEE OF ADJUSTMENT DECISION • Z w50 TAKE NOTICE that pursuant to Section 53(19) of the Planning Act, R.S.O. 1990, c.P. 13, as amended, the above decision and /or conditions may be appealed to the Ontario Municipal Board. Only individuals, corporations and public bodies may appeal decisions in respect of applications for consent to the Ontario Municipal Board. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or group. THE LAST DATE FOR FILING A NOTICE OF APPEAL IS WEDNESDAY, THE Ist DAY OF AUGUST, 2001. A "NOTICE OF APPEAL" setting out in writing the supporting reasons for the appeal should be received on or before the last date for "Appeal' accompanied by a cheque in the amount of ONE HUNDRED AND TWENTY FIVE DOLLARS payable to the MINISTRY OF FINANCE. The notice is to be submitted to the Secretary - Treasurer of the Committee of Adjustment, PO Box 100, Oro, Ontario, LOL 2X0. Members concurring in this decision: Allan Johnson e Albert Pross Dave Edwards, Chairman Joe Charles Ken Robbins DATED this 12`h day of July, 2001. Andria Leigh, Hons. B.A., MCIP,RPP Secretary- Treasurer Committee of Adjustment 74 Andy Karaiskakis From: Peter Maxwell [pj @cdromshop.comj Sent: Thursday, August 25, 2005 1:22 PM To: Andy Karaiskakis Cc: kim@maxcor.com Email version of list of documents requested Monday August 25, 2005 re: Application for Subject: Consent no. 2005 -B -38 Hi Andy & Bruce, Here is an email version of the list of documents we require regarding the application for consent. I forgot to email it on monday when I sent you the fax. My apologies for the oversight. One item that I accidentally left off the list was the examples of other planning reports that recommended how an applicant could change their application to conform to the official plan. Three or four examples would be great. For reference, why don't we refer to this one as item #14 of required documents. Many thanks for your help! Best Regards, Peter Maxwell Fax of Monday, August 22, 2005 August 22, 2005 Andy Karaiskakis Secretary /Treasurer, Committee of Adjustment Junior Planner Oro - Medonte Township 148 Line 7 South Oro, ON LOL 2X0 Phone: (705) 487 -2171 Fax: (705) 487 -0133 Re: Application for Consent no. 2005 -B -38 Dear Andy, Many thanks for taking the twenty minutes or so out of your day on Friday to answer my questions. It was eery helpful and is greatly appreciated. I am including here (Attachment 1) the ruling from the Ontario Privacy commissioner's Office regarding what information may be kept confidential with regard to applications submitted. I have numbered the list for your reference. If you could note the number of each document that you fax through to me, that would greatly assist me in ensuring that we receive everything on our end. Please send them through via fax to (416) 924 -8864 as you locate them, rather than waiting until all the documentation is assembled. As we discussed on August 19th, 2005, here is the list of documents we require with respect to the abovementioned application by Ms. Wong: Any and all documents, reports, correspondence, notes or any other information on file under any application by Mrs. Wong, Richard Wong, Chiu Ing Cheung, and /or any other individual, organization, and /or company, and /or Rudy and Associates, and /or their agents or consultants or legal representation, pertaining to: 1 Range 2, . West Parts Lots 1 & 2, RP 51R -3530, Part 3 & 4, 1131 Range Road (Former Township of Oro) including but not limited to: �717 * 1) A copy of the original application without the sections blacked out. As per the ruling by the .Ontario Privacy Commissioner's Office (see attachment 1), the only information that may be blocked out is the applicant's residential telephone number. I have underlined the relevant section for your reference. The full text of the ruling is available online at: <http: / /www.ipc.on.ca/ scripts /index_.asp? action= 31 &P_ID= 8109 &N_ID= 1 &PT_ID= 835 &U_ID= O #top> http: / /www.ipc.on.ca/ scripts /index_.asp? action= 31 &P_ID= 8109 &N_ID= 1 &PT_ID= 835 &U_ID =O #top * 2) A copy of the revised application for consent, which was submitted by Rudy and Associates during the hearing of August 11, 2005. Again, as per the abovementioned OPC ruling, only the applicant's residential telephone number may be withheld. If the telephone number in question is that of her agent, or is a business number, it must be provided as well. Note: Andy, you mentioned that you may have discarded the revised application. This document was received while the meeting was in session and is subject to the Canada Evidence Act. I cannot stress strongly enough how much you need to locate a copy of this document. One other potential source would be the Commissioner under whose aegis it was sworn out, Paul Gruell or Grewall(sp ?). He should have a copy in his records. * 3) A copy of the revised, revised application which was submitted Wednesday, August 17th, 2005 during your meeting with Ms. Wong, Rudy and Associates, Bruce Hoppe and Nick McDonald. Again, only a residential telephone number is entitled to be withheld. It is our understanding that this document becomes a matter of public record when it is submitted, not when it is potentially received by the Committee of Adjustment. If your understanding with regards to this differs from ours, please call me at (416) 972 -9810 with the name and telephone number of the solicitor for Oro - Medonte and I can review the matter with him or her. * 4) A copy of Mrs. Wong's planner's submission to the Committee of Adjustment. This would be the thick document held up by the chair, Allan Johnson, during the hearing of August 11, 2005 which, among other things, included aerial photography or satellite imagery. * 5) The transcript of the hearing of August 11, 2005 and a copy of the tape from which the transcript was made. If a transcript has not yet been made, you can simply forward a copy of the tape to me and we will have a transcript prepared at our expense. * 6) The original request to defer the Application for Consent. * 7) A copy of the Planner's Report for the hearing that was read out on record and the one that was released and circulated (because these two appear to differ with respect to discussion of the road expansion). If you could also include on this report the date that the report was prepared by Andy Karaiskakis , and the date that the report was sent to Nick McDonald for his review, as well as the date that the final version of the report was generated. * 8) A copy of the decision to defer by the committee of adjustment. * 9) A copy Of the paperwork you received from the OMB regarding the case number PL050088, which you related to me with regards to the subject property. * 10) A written opinion with regards to the brief I presented to the Committee of Adjustment at the August 11th, 2005 hearing. * 11) A copy of the dedication of the road allowance to Oro- Medonte by Ms. Wong that you received during the August 17th meeting with her. * 12) A list of any and all meetings (including dates and times, those persons in attendance, and the matters discussed) that have occurred with Ms Wong, and /or any associates, agents, consultants or anyone else with regard to the subject property. IT W$5 * 13) A copy of any and all other documents, notes, minutes, reports, tapes or other information on file . or submitted prior to, during, or subsequent to the hearing. Please fax the documents to me at (416) 924 -8864. For items that require physical delivery, you can send them to: Peter Maxwell 438 Ontario Street Toronto, Ontario M5A 2W1 Phone: (416) 972 -9810 if you would prefer, I could have a courier come by to pick up the items that require physical delivery. Please call me to let me know if you would like me to do so. Once again, many thanks for your assistance in this matter. Regards, Peter Maxwell Peter Maxwell pj @cdromshop.com » »» The CD -ROM Shop «««< visit our online Web catalog featuring 21,000+ CD -ROM titles IN STOCK for PC, Mac and Linux WWW: http: / /www.cdromshop.com Phone: +1 (416) 413 -9665 Fax: +1 (416) 924 -8864 Orders: Call (800) 999 -9756 Toll Free! (US and Canada) 3 Page 1 of 1 (` Bruce Hoppe From: Kim Maxwell [kim @maxcor.com] Sent: Tuesday, August 30, 2005 10:00 AM To: Bruce Hoppe Cc: Leonard Redness Subject: Follow -up to Monday August 29th, 2005 Meeting Hi Bruce, We found it very helpful to meet with you yesterday. As follow -up I wanted to review and list out some of the items you kindly offered to provide for us (probably more for my sake than yours, I get a bit scattered around back -to- school- time). 1) Clarification of whether the current application is an amended one or a newly submitted one (You mentioned that Andy was away, but could answer this upon his return, Tuesday.) 2) Copies of the applications 3) Research into the O'Brien House severance (Planners' reports, applications, decisions) 4) Set -back specifications required in the site plan 5) Documents for this application which are of public record once cleared with your records person by Wednesday or Thursday this week (please see short list below) Copies of the original application, the application submitted during the hearing and any new or revised application Mrs. Wong's planner's site plan or submission held up during the hearing Transcripts of the hearing of August 11, 2005 In addition, you offered to provide us with information on the Moonpoint application, which gives insight into the use of section D 10.3.8. We would very much appreciate if you could also fax this information through. Thanks again for your time and for meeting with us. Cheers, Kim Maxwell tel /fax: (416) 928 -0671 nrAilnna Ontario Municipal Board 655 Bay St Suite 1500 Toronto, ON M513 1E5 Tel(416)326 -6800 Toll Free: 1- 866 - 887 -8820 Fax(416)326 -5370 www omb aov.on.ca February 3, 2005 Glen R Knox County Clerk County of Simcoe 1110 Highway 26 Midhurst ON LOL 1X0 Commission des affaires municipales de ('Ontario 655 rue Bay Bureau 1500 Toronto, ON M5G 1E5 751(416)326 -6800 Sans Frais: 1- 866 - 887 -8820 Te16c (416) 326 -5370 www.ornb.gov.on.ca RE: OMB Case No.: OMB File No.: Official reference No. Official Plan Amendment No. Appeal by Municipality: RECEIVED FEB 0 7 2005 ORO- MEDONTE PL050088 0050011 OM -OPA -0317 17 (General Update of the Policies) Aggregate Producers' Association of Ontario Lafarge Canada Inc. 1091402 Ontario Limited (1091402) Township of Oro - Medonte The Board acknowledges receipt of the above referenced file. When communicating with the Board, please quote the Board's case and/or file number. This file has been assigned to Matthew Blevins, Planner. For specific questions about this case, you may contact the Planner at (416) 326 -6778. The Planner will review the file to ensure that all the required material has been received and will identify if there are other related matters that may come to the Board. The Planner may contact the parties to: • Identify issues • Discuss whether the matter may be a candidate for a mediation meeting • Discuss whether a prehearing conference may be beneficial (Prehearings are normally only held on complex cases where the hearing length is expected to be over five days) • Discuss the time that may be required for the hearing Mediation is an option available where the parties consent to this process. Mediation is intended to provide the parties with a more satisfactory manner in which to reach a resolution in the same or lesser timeframe as the traditional adjudicative process. Parties should contact the Planner if they are interested in mediation. /2 1Wz L -a The Board will schedule this case for the earliest available date on the Board's calendar. Parties should be prepared to proceed at any time. Parties will receive Notice of the hearing event. Notice for prehearings and hearings are generally mailed 35 days before the hearing. Notice for mediation meetings can be given on shorter notice. Once dates are set, adjournments are not granted except where compelling circumstances exist and with the consent of all parties and /or the approval of the Board. For general information concerning the Board's policies and procedures you may contact the Board's Information Office at (416) 326 -6800 or visit our website at www.omb.gov.on.ca. You may wish to obtain a copy of the publication 'A Guide to the Ontario Municipal Board' to learn more about participating in matters before the Board and the hearing process. This publication is available on the Board's website or by calling the Board's Information Office. Yours truly, If- 0�tt x lkk(Y Alix de la Haye Planning Administrative Assistant cc: Marilyn Pennycook, Clerk, Township of Oro - Medonte Audrey Bennett, Director, MSO /Ministry of Municipal Affairs and Housing W. Brent Clarkson, MHBC Planning Limited (Your File No. Y328) Peter J.T. White, Aggregate Producers' Association of Ontario Chris McGuckin, Lafarge Canada Inc. Anne Guiot Skelton Brumwell & Associates Inc. I'• 1 I• . :101 no 1(4 - it Dept. Report No. To: Prepared By: ADM2005 -038 Council Marilyn Pennycook Subject: Department: Council Request for Exemption — Administration Shanty Bay Festival Bicycle Date: C. of W. Parade August 30, 2005 R.M. File #: Motion # Date: Roll #: BACKGROUND: By -Law No. 99 -41 (Attachment 2) regulates the noiaing of paraaes or processions/ eve ms in 111e munic+Panry. Section 8 of the above mentioned by -law permits that in a situation where a parade or procession /event will last for less than 24 hours, Council may dispense with any or all of the requirements of the by -law. Ms. Judi Bolton, the organizer of the parade, has requested that Council waive the requirements of the by -law for the Shanty Bay Festival parade to be held on Saturday September 10, 2005 at 10:00 a.m. ANALYSIS: II Ms. Bolton has indicated that the necessary emergency services (O.P.P. and Fire Dept) have been notified as well as the Roads Superintendent. The request and parade route are attached for information (Attachment 1) RECOMMENDATION(S 1. THAT Report No. ADM2005 -038 be received and adopted. 2. THAT an exemption to By -law No. 99 -41 be granted for the Shanty Bay Festival Parade to be held on Saturday September 10, 2005 at 10:00 a.m. 3. That the parade organizer, Ms. Judi Bolton, be advised of Council's decision. Resppctfully subnIt_ted, tr Marilyn Penf ycook, Clerk r i t amcA) � 1 �L Ir-1 P From: Judi Bolton [mailto:judibolton @rogers.com] Sent: Tuesday, August 30, 2005 3:09 PM To: Marilyn Pennycook Subject: Parade Dear Marilyn A group of volunteers from Shanty Bay is organizing a 'Shanty Bay Festival' for the Community on September 10th, 2005. It is our plan to start with a Bicycle Parade. The parade would begin at 10 AM. We would also request a 'Parade Permit'for the day. We would proceed along O'Brien Street to Bay St. and along to the Village Green. I have scheduled Janet Small, O.P.P. to assist with the congregation of the participants at approximately 10:05 A.M. We understand that Council has the power to dispense with some further regulations under certain conditions and we would hope to meet those conditions. We also understand that the Firefighters will be conducting their 'boot drive' that same day so they may have signs on the road making people aware of a traffic slowdown. Your assistance and reply would be greatly appreciated. Please feel free to join the fun on Saturday, September 10th, at the Village Green. There will be something for everyone to do that day and FUN is our main objective. Sincerely Judi Bolton 722 -7573 THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 99 -41 A By -law to regulate the holding of parades or processions /events within the Township of Oro - Medonte WHEREAS Section 239 of The Municipal Act, R.S.O. 1990, Chapter M.45, as amended, authorizes Townships to regulate parades or processions /events on highways. AND WHEREAS the Council of The Corporation of the Township of Oro - 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, organizations 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 confirmation from the Police Services in effect at the time of application is provided to the Township of Oro - 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 permit 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 public liability. 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 permit 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. l , P Q 10. II -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 of the requirements of this By -law. Every person, persons, 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 P33, 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 Council or 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 full force and effect. This By -law shall come into full force and effect on the date of its final passing By -lacy read a first and second time this 21" day of April, 1999. Ili read a third time and finally passed this 21" day of April, 1999. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, Ian Beard Clerk, Lynda Aiken 1,? � Committee of Adiustment Minutes Thursday August 11, 2005, 9:30 a.m. In Attendance: Chairman Allan Johnson, Member Dave Edwards, Member Garry Potter, Member Lynda Aiken, Secretary- Treasurer Andy Karaiskakis, and Director of Planning Bruce Hoppe Absent Member: Michelle Lynch 1. Communications and Correspondence Correspondence to be addressed at the time of the specific hearing. 2. Disclosure of Pecuniary Interest None declared 3. Hearings: 9:30 Janet Lees 2005 -A -17 Plan 546, Lot 1 (Orillia) 5 Bards Beach Road In Attendance: Janet & Dawson Lees, owners BE IT RESOLVED that: Moved by Lynda Aiken, seconded by Dave Edwards "That the Committee hereby grant Minor Variance 2005 -A -17 subject to the following conditions: 1. The proposed deck shall be setback no closer than 8 metres (26 feet) from the average high water mark of Bass Lake; 2. The proposed dwelling shall be setback no closer than 12.12 metres (39.76 feet) from the average high water mark of Bass Lake; 3. The stairs accessing the proposed deck shall be setback no closer than 10.05 metres (32.97 feet) from the average high water mark of Bass Lake; 4. That the setbacks be in conformity with the dimensions as set out in the application, as submitted; 5. That the applicant obtain approval from the Nottawasaga Valley Conservation Authority under the Conservation Authorities Act; Committee of Adjustment- August 11, 2005 Page 1 /�6p -�7,- 6. That the applicant apply for and obtain approval for the combined application for Site Plan Control /Removal of the Holding Provision, as Bards Beach Road is an unassumed or private road; 7. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey /real property report; and, 8. That the appropriate building permit be obtained from the Township's Chief Building Official only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. .....Carried." Committee of Adjustment- August 11, 2005 Page 2 136 ° 3 9:40 Tim Russell 2005 -A -31 Conc. 5, East Part Lot 19 (Medonte) 5718 Line 5 North In Attendance: Tim Russell, applicant Secretary- Treasurer read letters from Tim Salkeld, Resource Planner, Nottawasaga Valley Conservation Authority, dated August 9, 2005 verbatim to the Committee members and those present in the audience. BE IT RESOLVED that: Moved by Garry Potter, seconded by Dave Edwards "That the Committee hereby grant Minor Variance 2005 -A -31 subject to the following conditions: 1. That the size and setbacks of the proposed garage be in conformity with the sketches submitted with the application and approved by the Committee; 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation so that: i) the garage be no larger than 69.6 m2 (750 ft2); and, ii) the garage be located no closer than 100.5 metres (330 feet) from the front property line; 3. That the appropriate building permit be obtained from the Township's Chief Building Official only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. .....Carried." Committee of Adjustment- August 11, 2005 Page 3 13by 9:50 Everton & Darlene Ellis 2005 -B -31 Conc. 4, East Part Lot 22 (Oro) 290 Line 4 South In Attendance: John Wilk & Nancy Davis, 304 Line 4 South & Darlene Ellis, 290 Line 4 South. BE IT RESOLVED that: Moved by Garry Potter, seconded by Lynda Aiken "That the Committee hereby grant Provisional Consent regarding Application 2005 -B -31 subject to the following conditions: 1. That three copies of a Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor be submitted to the Secretary- Treasurer; 2. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 3. That the severed lands be merged in title with 304 Line 4 South and that the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the subject lands; 4. That the applicants solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title; 5. That all municipal taxes be paid to the Township of Oro - Medonte; and, 6. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. .....Carried." Committee of Adjustment- August 11, 2005 Page 4 ,1 2� 10:00 Myrtle Alderson 2005 -A -32 Conc. 12, West Part Lot 22, RP 51 R -4477, Part 1 (Oro) 1709 Ridge Road East In Attendance: Mike & Debbie Barnett, new owners of property BE IT RESOLVED that: Moved by Dave Edwards, seconded by Lynda Aiken "That the Committee hereby grant Minor Variance 2005 -A -32, subject to the following conditions: 1. That the appropriate building permits be obtained from the Township's Chief Building Official only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13; 2. That the height of the proposed garage be no greater than 6.4 metres (21 feet); 3. That the size of the proposed garage be no larger than 80.3 m 2 (864 ft2); and, 4. That the setbacks be in conformity with the dimensions as set out in the application and on the sketches submitted with the application and approved by the Committee. .....Carried." Committee of Adjustment- August 11, 2005 Page 5 l3:--,b - � 10:10 James & Linda Cooper 2005 -A -33 Conc. 7, Plan 755, Lots 40 & 41 (Oro) 105 Lakeshore Road West In Attendance: James & Linda Cooper, applicants BE IT RESOLVED that: Moved by Garry Potter, seconded by Dave Edwards "That the Committee hereby grant Minor Variance 2005 -A -33 subject to the following conditions: 1. The west side of the attached garage shall maintain the existing 2.19 metres (7.21 feet) setback from the side lot line; 2. That the proposed deck be located no closer than 15.5 metres (51 feet) from the average high water mark of Lake Simcoe; 3. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation that the existing setback for the attached garage be maintained and that the deck be located no closer than 15.5 m (51 ft) from the average high water mark of Lake Simcoe; 4. That the appropriate building permit be obtained from the Township's Chief Building Official only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13; and, 5. That the setbacks be in conformity with the dimensions as set out in the application and on the sketch submitted and approved by the Committee .....Carried." committee of Adjustment- August 11, 2005 Page 6 10:20 Ted Pickard & Lisa Truax 2005 -B -32 — 2005 -B -36 Conc. 8, Plan 51 R- 24483, Part 1, East Part Lot 16 (Medonte) 128 Moonstone Road East In Attendance: Ted Pickard & Lisa Truax, applicants BE IT RESOLVED that: Moved by Dave Edwards, seconded by Lynda Aiken "That the Committee hereby defer Applications 2005 -B -32 — 2005 -B -36 to allow time for the Township to receive favourable comments from the Public Works Department and from the County of Simcoe for the proposed five lots and for confirmation that the lots can be serviced by the Robincrest Water System. .....Carried." Committee of Adjustment- August 11, 2005 Page 7 //,3 - 9 10:30 Lawrence Murphy & Michelle Sheridan 2005 -B -37 Plan 51M -746, Block 16 (Oro) 10 Forest Hill Drive In Attendance: Larry Murphy & Michelle Sheridan Murphy, applicants, Mr. Ellis, owner of Terra Ridge Development, Tadeen Mulders 16 Forest Hill Drive, Warren Mills, 15 Forest Hill Drive, Murrey Atkinson, 19 Forest Hill Drive, Barry Keogh, 18 Forest Hill Drive, Scotty Stewart, 11 Forest Hill Drive, Mr. Barcicki, 17 Forest Hill Drive, Paul Marshall, Councillor BE IT RESOLVED that: Moved by Dave Edwards, seconded by Garry Potter "That the Committee hereby not grant Provisional Consent to application 2005 -B -37 as it does not conform with Section D9.3 of the Official Plan and that the two small lots are inconsistent with the lots that exist and they will disrupt the character of the subdivision. .....Carried." Committee of Adjustment- August 11, 2005 Page 8 lb- 10:40 Tang Fen Wong 2005 -B -38 Range 2, West Half Lot 2, 51 R -3530, Parts 3, 4 & 2 (Oro) 1131 Range Road In Attendance: Jill Lewis & Angela Rudy, agents representing applicant, Rudy & Associates, Kim Maxwell, 1 Pemberton Lane, Peter Maxwell, 1 Pemberton Lane, Lennard Roddness, lawyer representing neighbouring properties, Egle Vair, 11 Pemberton Lane, John Connolly & Deborah Woods, 13 Pemberton Lane, Robert O'Hara, 6 Pemberton Lane, Kim Maxwell, 1 Pemberton Lane, Peter Maxwell, 1 Pemberton Lane Secretary- Treasurer read letters from: Lynn Price, Executive Director, The Foundation for People with Special Needs, dated August 9, 2005 Mary Percival Maxwell, 1 Pemberton Lane, dated August 7, 2005 Karen White, 15 Pemberton Lane, dated August 11, 2005 Elizabeth Burns, 5 Pemberton Lane, dated August 10, 2005 Susan Woods & Fred Beck, 1131 Range Road, dated August 9, 2005 Shirley Bainbridge, 2327 Ridge Road West, dated August 10, 2005 Audrey Reucassel, 3 Pemberton Lane, dated August 10, 2005 Mary Grace Wright, 21 Pemberton Lane, dated August 10, 2005 Frank & Kathy Rolph, 17 Pemberton Lane, received August 11, 2005 verbatim to the Committee members and those present in the audience. BE IT RESOLVED that: Moved by Garry Potter, seconded by Lynda Aiken "That the Committee hereby Defer Consent Application 2005 -B -38 to allow time for the applicant to consider which lot should be the severed lot on the application and to initiate discussions with the Public Works Superintendent regarding a potential road widening. .....Carried." Committee of Adjustment- August 11, 2005 Page 9 /3�-/0 10:50 Dave & Bunny Walker 2005 -A -30 Conc. 7, East Part Lot 26, RP 51R -9881, Part 1 (Oro) 41 Lakeshore Road West In Attendance: Dave & Bunny Walker, applicants BE IT RESOLVED that: Moved by Lynda Aiken, seconded by Garry Potter "That the Committee hereby approve Minor Variance Application 2005 -A -30, subject to the following conditions: 1. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by way of survey /real property report prepared by an Ontario Land Surveyor that the proposed swimming pool be located no closer than 17 metres (55.8 feet) from the top of bank of the creek ; 2. That the applicants maintain the area between the proposed pool and the creek in a natural, undisturbed condition as noted by the Lake Simcoe Region Conservation Authority letter dated July 20, 2005; 3. That the setbacks be in conformity with the dimensions as set out in the application and on the sketch submitted with the application and approved by Committee; and, 4. That the appropriate building permit be obtained from the Township's Chief Building Official only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. .....Carried." Committee of Adjustment- August 11, 2005 Page 10 /3b - j / 5. Other Business i. Adoption of minutes for July 14, 2005 Meeting Moved by Lynda Aiken, Seconded by Garry Potter "That the minutes for the July 14th 2005 Meeting be adopted as printed and circulated ...Carried." 6. Adiournment Moved by Garry Potter, Seconded by Lynda Aiken "We do now adjourn at 4:10 p.m." (NOTE: A tape of this meeting is available for review.) Chairperson, Allan Johnson .. Carried." Secretary - Treasurer, Andy Karaiskakis Committee of Adjustment- August 11, 2005 Page 11 �`11- AUG 0 9 2005 HORTICULTURAL SOCIETY The Municipal Council of Oro - Medonte, Township of Oro - Medonte, 148 Line 7 South, Oro, Ontario, LOL 2X0 Re: Secured Storage Space at Guthrie Arena Dear Council Members, August 2 2005 The Oro- Medonte Horticultural Club is currently holding the majority of their meetings at Guthrie Arena, both the general meetings and the board meetings. We occupy space in the hall once or twice a month. To this end, we respectfully ask the Council to consider allotting a small amount of secured storage space for our use. We require sufficient space to store our audio equipment, our coffee urn and a small volume of miscellaneous items such as information sheets and various other handouts. The OMHS Board felt that a space 2' x 4' would suffice. However, as one of our members has graciously volunteered to make us a storage cabinet, a larger space would be more convenient - perhaps 41w x 4'd x 4'h. We know that space is at a premium. Therefore, any amount of space, allotted for our use, would be greatly appreciated. Thank you for considering our request. } 1 Doreen Atkinson. Member of the Board, Oro- Medonte Horticultural Society Interlink Trade Corporation 14 Maple Ridge Road RRN2 Shanty Say, Ontario LOL -2LO Phone: 705 -734 -2455 Fax 705-719-9954 Email: bstitt @interlinktradecorp.com August 11th, 2005 Honourable Mayor and members of council, I have been actively involved in minor hockey in our community for some time now. Our population is growing, our community is growing and so is the love for Canada's game. We are forming a group to put forth a proposal that would see a first class hockey facility build in Oro - Medonte. I have triggered some interest from the Horseshoe Corporation and we are in the process of a feasibility study. If we can get the Township's interest in the project we would like to proceed in taking the steps necessary to making this become a reality. I have worked with Chris Carter of your Parks and Recreation Department in the past through minor hockey and with your permission would like to consult with him on this project, as he is a valuable asset to our community. As a citizen of Oro - Medonte and proud to call it my home I would like to give something back to the community for the youth of today and the future. My role in this is to facilitate the community's best interest with this goal. We await your response. Brent W AUG 1 9 2005 ORONEDONTE Attention: Members of Council August 17, 2005 Please allow me to introduce myself. My name is Monique Burnett and I reside at 374 Woodland Drive. I have been a proud member of the Oro - Medonte community for 16 years. I wish to express my appreciation for the ongoing efforts and dedication demonstrated by the members of council. Oro- Medonte council has a reputation of sound decision making and excellent judgement. It is for this reason that I propose a change in the existing speed limit on Woodland Drive. Currently the speed limit for Woodland Drive is 80km/hour. Over the years there has been an enhancement in population and development in the area, for this reason the volume of traffic and demonstrated speed has also increased. The overall volume of traffic and aggressive drivers has ultimately put our children's and the citizen's of Oro - Medonte's safety at risk. My frustrations and concerns have been shared with the local law enforcement agency. Woodland Drive is utilized not only by motorists but also by recreational cyclists, joggers, nature loving and fishing enthusiasts. The OPP academy and Georgian College service the area for training and conditioning purposes. The road also has two single lane bridges that require drivers to yield to oncoming traffic. I propose that the speed limit be reduced to 60km /hr coincide with the recent speed reduction on the 2nd Concession (Line 15). The law enforcement agency has assured me that they will enforce and support the decrease in speed in order to maintain a safe community for the residents of the area and visitors. I look forward to hearing from you and am confident that as an effective and responsible council that prompt action and resolution will be delivered to ensure the safety of the tax payers and their families. I may be reached at 327 -1129 or e- mailed at bradburnett@sympatico.ca. Thank you for your attention to this matter. Monique Burnett J� August 17, 2005 4Qq , 11011 0S0-MEJ)0 p E. To the Respected Members of Oro - Medonte Town Council, Dave & Jenn Dahinten 69 Mount St. Louis Rd W. Oro - Medonte, ON LOK 1E0 Tel: 835 -3858 My husband and I recently purchased our home and moved to the township of Oro - Medonte. During the final stages of our purchase we discovered much to our horror that our property did not extend (as we had been lead to believe) to the picket fence in the front of our property. In fact for some bizarre reason the property line was halfway up the front lawn. We then had the opportunity to meet with Mr. Jerry Ball of your township offices. It was at this time that we along with Mr. Ball discovered that our property and that of our neighbor to the east of us were both anomalies when it came to road allowance. In fact our property has in excess of twice the standard road allowance. The properties west of us and beyond our one neighbor all have the standard road allowance of I believe 33 feet. standard We respectfully ask the township for permission to have a lot line adjustment and / or purchase this land. We are only interested in the land directly between our property and the road ncerely, Dave and Jenn Dahinten c.c Jerry Ball (township of Oro- Medonte) enc. 1. Current survey of subject property 2. Previous survey showing subject property and neighboring lots. /c/ -,a r Page 1 of 1 http: / /10.0.0. 147 / output /Basemap_MENOKE30163028425.jpg 8/29/2005 ALF OF LOT 17 ONCESSSf 0!�,04i' 7 Na_ z YAK — — — — — — — — — — -- — — — — — — — — — — — — — — — — — — — — — PIN 58523-0002 LT EDGE ALLOWANCE BETWEEN LOTS 10 AND 1, CONCESS 1.` N PICKET FENCE 0�o 1094 �o co vt IL 2.3— b c ZK o + 0 Z 4.5 -Eo� 48.768 P LA 74, K K 14.23 STOREY FRAME 0 2 STOREY FRAME DWELLING NO.69 DECK DECK ECK PART 3, PLAN 51R-78485 PIN 58524-0077 LT 8 094 wli� , �;,91 A/ 'g. '00'�, \AP 113 1094 'W .96 ti67. N59'33'00'E 18 7 -094 — — — — — — NE Y o WE T 13.3 1 �t, C,o� a. 0 � Id k GAPA3EE 4.5 -Eo� 48.768 P LA 74, K K 14.23 STOREY FRAME 0 2 STOREY FRAME DWELLING NO.69 DECK DECK ECK PART 3, PLAN 51R-78485 PIN 58524-0077 LT 8 094 wli� , �;,91 A/ 'g. '00'�, \AP 113 1094 'W .96 ti67. N59'33'00'E 18 7 -094 — — — — — — NE Y o WE T 13.3 1 �t, C,o� a. 0 � September 4, 2005 2 Pemberton Lane Shanty Bay, Ontario, LOL 21-0 Telephone: (705) 721-0738 Facsimile: (705) 721 -1406 To: All Members of Council, All Members of the Committee of Adjustment, Township of Oro - Medonte Re: Request for Deferral of hearing regarding Application for Consent Submission No. 2005 -B -38 We are appealing to you, the Council and the Committee of Adjustment, the hearing on the original Application for Consent dated July 22, 2005, September 15. for a deferral of scheduled for We request your consideration of a deferral because we have not been provided with all of the documents we have requested so that we can review the documents and submit them to our planning and legal advisors for their review and opinion. While we have enclosed one of our requests for documents as an example, please note this is one of several requests (see attached request for documents). Because of Oro - Medonte staff vacations, the recent moving taking place at the offices and the unavailability of planning staff, we have to date not received all of the documentation that we know to exist and are entitled to examine. Some of the documents that were finally provided on September 2, 2005 were either only partially supplied, or not supplied at all contrary to the cover letter of the same day (see attached letter from Township). As well, although the Township letter (attached) specifies that the "Copy of the minutes of the Committee of Adjustment meeting of August 12, 2005" was enclosed it was not. We understand that this has been a busy time of year for the staff of Oro- Medonte and some staff have been on vacation, however, this has resulted in a situation where we still do not have the information we requested more than three weeks ago. While it appears that all the documents we submitted were supplied to the applicant's agent the same day or the very next day, we have to date received only three of the 14 items requested. Of those three, only our own submissions were supplied in full. The information that was supplied on September 2, 2005 shows that there are in fact other public documents in the file that have not been released. Page 1 of 3 In addition, we have been informed on September 2, 2005, that any other information must be obtained through a Freedom of Information (FOI) request. While we understand that personal privacy is an important issue, we repeatedly requested a list of which documents would be forthcoming more than ten days ago, so that we could make an FOI request for the remaining documents. We had hoped to have all the documents well before this juncture. Therefore we are requesting a deferral of the Hearing on the original Application for Consent scheduled for September 15 until we are provided with all of the documents we have requested and have adequate time to review the documents and submit them to our planning and legal advisors for their review and opinion. Because of the time constraints, we are sending this letter to both the Members of Council and the Members of the Committee of Adjustment so that there is full awareness of the situation we face. We would be willing to make this appeal in person as a deputation at the upcoming Council meeting of September 7`h, 2005 under Procedural by -law 15, as per Marilyn Pennycook, to better explain the situation, if necessary and this letter is not sufficient. If you could advise us of your decision by fax at (705) 721 -1406 it would be greatly appreciated. We understand that Township tries to process all applications in a timely manner. We simply wish to receive the same consideration in terms of timely response to requests for documents. A deferral was granted so that the applicant could confer with Township about road widening, we simply wish to have this same courtesy extended to us. Thank you for your consideration of this matter. Respectufully, Robert H. O'Hara For Pemberton Lane Association We, the undersigned are members of the Pemberton Lane Residents Association. We are opposed to the development proposed in the application referred to above. Page 2 of 3 �ht 3 . 1 9. Page 3 of 3 � -,�-- 2 Pemberton Lane Shanty Bay ON LOL 2L0 Bruce Hoppe Chief Planner Township of Oro - Medonte 148 Line 7 South Oro, ON LOL 2X0 Re: Submission No. 2005 -B -38 Application by Tang Fen Wong Range 2, West Parts Lots I & 2, RP 51R -3530, Part 3 & 4 1131 Range Road (Former Township of Oro) August 16, 2005 Dear Bruce: On behalf of the Pemberton Lane Homeowners Association, I would like to request some information from the Township on the application for consent filed by Tang Wong re. severance of her property at 1131 Range Road (please see the list attached). We are requesting this information in the context of the freedom of information legislation which permits the sharing of all information on such applications except for the home telephone number (see the Ontario Privacy Commissioner site at http• / /www.ipc.onca /scripts /index asn ?action =31 &P ID= 8109 &N ID =1 &PT ID-835 &U ID =O #ton). I would like to discuss this with you and Andy Karaiskakis at your convenience and will call later this week to arrange a meeting. Sincerely, Robert O'Hara Pemberton Lane Homeowners Association cc: Andy Karaiskakis enc. t Documents to Obtain Bruce Hoppe letter August 15, 2005 Obtain ANY and ALL documents on file under any application by Mrs. Wong, Richard Wong and /or any other individual, organization, and /or company, and /or Rudy and Associates, and /or their agents or consultants or legal representation, pertaining to Range 2, West Parts Lots 1 & 2, RP 51R -3530, Part 3 & 4, 1131 Range Road (Former Township of Oro) including but not limited to: 1. Copy of original application WITHOUT THE SECTIONS BLACKED OUT, THE ONLY INFORMATION THEY ARE ALLOWED TO BLOCK IS HOME PHONE, SEE ONTARIO PRIVACY COMMISSIONER Regarding privacy ruling that ONLY THE RESIDENTIAL TELEPHONE NUMBER MAY BE KEPT PRIVATE: 2. Copy of the new application (The only information they are allowed to keep confidential is the applicant's home telephone number, business number must be provided, NOTHING ELSE IS ALLOWED TO BE BLOCKED OUT) 3. Copy of Mrs. Wong's planner's submission to the committee of adjustments (thick document held up during the hearing which included aerial photography) 4. Any documents submitted 5. Transcript of the hearing, both a copy of the tape and of the transcription. 6. Copy of the original request to defer the application 7. Township's planner's report for the hearing, the one that was read out on record and the one that was released and circulated (because these two appear to differ with respect to discussion of the road expansion). We needed to know the date when both of these were prepared and who they were prepared by. 8. Copy of the decision to defer by the committee of adjustment 9. Copy of all submissions on record 10. Copy of first offer to purchase (specifically to show the change of names and numbered company info. 11. Copy of the second offer to purchase 12. Copy of the title for the property THE ONLY INFO THEY ARE ALLOWED TO KEEP CONFIDENTIAL IS THE HOME TELEPHONE NUMBER) 13. Any other documents on file Basically obtain all documents on file under any application by Mrs. Wong and or if she is using another name or Numbered company. September 2, 2005 Mr. Bob O'Hara 2 Pemberton Lane, . Shanty Bay, Ontario LOL 2L0 Dear Sir: Re: Application for Consent 2005 -B -38 (Tang Fen Wong) Further to our telephone conversation and your written submissions, we enclose herein relevant information pertaining to the above noted application. As you are aware, we have received numerous enquiries for essentially the same information therefore we are copying this letter to the various interested parties with the same information. We enclose the following documentation per your request: •✓ Copy of the original application form with personal information "blacked -out" N)oj re, Q Copy of the minutes of the Committee of Adjustment meeting of August 11, 2005 • . Copy of the staff report presented to the Committee on August 11, 2005 • Copies of all written submissions made on this application from Members of the Public received at the Committee meeting of August 11, 2005 • A copy of the staff report and Notice of Decision respecting the creation of O'Brien House (2004) • . Copy of the Consent Planning Report dated July 2005 submitted by Rudy and Associates Ltd. In respect of the tape recording of the Committee of Adjustment hearing of August 11, 2005 , we do not provide copies of the tape nor is a written transcript available. Alternatively, interested parties may request an appointment to listen to the tape and/or make written notes. If you would like to arrange such an appointment please contact the Clerk's office and we would be pleased to an ange this. Any additional information beyond the above must be requested under the Municipal Freedom of Information and Protection of Privacy Act. To this end, should you wish to submit a FOI request, an application form is attached which should be submitted accompanied by the application fee of $5.00 to Mr. Doug Irwin of this office. NS I oust you will find this information helpful. Yours truly, Andy Karaiskakis Secretary- Treasurer, Committee of Adjustment C.C. Peter Maxwell Kim Maxwell Len Rodness Applicant (Rudy and Associates) M. Pennycook, Clerk D. Irwin, Freedom of Information Coordinator Ministry of Community Safety cnels; utaire is st Se and Correctional Services vi cornecti et des Services correctionnels et d Commissioner of Commissaire i la Emergency Management Gestion des situations d'urgence 25 Grosvenor Street 11'" Floor Toronto ON M7A 1Y6 Tel: (416) 327 -9734 Fax: (416) 327 -.9739 September 1, 2005 Dear Head of Council, 25, rue Grosvenor 11 etage Toronto ON M7A 1Y6 Tel.: (416) 327 -9734 Te1ec.:(416) 327 -9739 I O tario The Province of Ontario is prepared to assist with Hurricane Katrina relief efforts in the impacted areas in any way possible. As the Commissioner of Emergency Management, I will be leading provincial coordination efforts, in conjunction with the federal government, and focusing on recovery and restoration activities. As yet, the province has not received any requests for assistance from the United States. In order to avoid duplication of effort, ad hoc activities, and to ensure any resources deployed are properly organized and supported, I am requesting that ministries and communities refrain from unilaterally deploying resources or staff to the affected areas. Following standard procedure, the coordination of any provincial response will be done through the Provincial Emergency Operations Centre (PEOC). The PEOC is providing centralized coordination for Hurricane Katrina Relief Operations. All Community and Ministry Emergency Management Coordinators will receive additional information from the PEOC via the Situation Report (SITREP) should the federal government identify specific requests for the Province of Ontario. As part of the Hurricane Katrina relief efforts, the Provincial INFOline at 1 888 886 -3998 has been activated. It is currently operating Monday through Friday, 10 a.m. to 10 p.m. and is handling general inquiries. The best way for the public to help is to donate cash that can be sent directly to the affected areas. The Canadian Red Cross is taking financial donations at 1 800 418 -1111 or www, redcross.ca. Sincerely, Juli n Fantino Commissioner of Emergency Management c: Community Emergency Management Coordinators Don Guy — Premier's Office Patricia Vanini — Association of Municipalities of Ontario Kate Manson -Smith — Cabinet Office Katherine Ward — Minister's Office - 1 THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2005 -088 A By -law to Authorize the Execution of an Agreement between The Corporation of the Township of Oro - Medonte and Hillway Equipment Ltd. WHEREAS Section 11 of the Municipal Act, 2001,S.O. 2001, c.25, as amended, authorizes a municipality to pass by -laws respecting matters concerning highways; AND WHEREAS pursuant to the Decision of the Ontario Municipal Board dated May 16, 2005, Decision /Order No. 1329, the parties are required to enter into an agreement with respect to location, design and construction of the 12m Line North crossing to fulfill the conditions of the Decision; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: THAT the Mayor and Clerk be authorized to execute the Road Improvement Agreement including Schedules "A °, "B° and °C ", between the Township of Oro - Medonte and Hillway Equipment Ltd., such agreement which is attached hereto as Appendix "A" and forms part of this by -law. 2. THAT this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST AND SECOND TIME THIS 7T" DAY OF SEPTEMBER, 2005. BY -LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook Appendix "A" to By -Law No. 2005 -088 ROAD IMPROVEMENT AGREEMENT THIS AGREEMENT made BETWEEN: HILLWAY EQUIPMENT LTD. hereinafter called the "Developer" OF THE FIRST PART AND — THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE hereinafter called the "Municipality" OF THE SECOND PART WHEREAS the Developer proposes to operate a licenced gravel pit (the "pit') on Part of Lots 8, and 9 Concession 12, and Part of Lot 9, Concession 13, Township of Oro - Medonte (the 'lands "): AND WHEREAS the zoning of the lands and the licence for the pit have been litigated before the Ontario Municipal Board between the Developer and the municipality; AND WHEREAS pursuant to the Decision of the Ontario Municipal Board dated May 16, 2005, Issue date May 25, 2005, Decision /Order No. 1329, the parties enter into this agreement to fulfill the conditions of the Decision: AND WHEREAS the proposed licence requires the use of the 12th Line North as a crossing between different areas of the proposed pit. AND WHEREAS a condition of the proposed site plan, Hillway and the Township must enter into an agreement with respect to location, design and construction of the 12th Line North crossing; AND WHEREAS the developer has obtained an amended Permit to Take Water being Permit Number 1354- 6D8SAG with respect to existing pit known as Pit 5 located on the 13" Line North of the municipality which provides for the expiry of the said Permit to Take Water as of December 31, 2010. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and for other good and valuable consideration and the sum of Two Dollars ($2.00) of lawful money of Canada now paid by the Municipality to the Developer (the receipt whereof is hereby acknowledged), THE DEVELOPER AND THE MUNICIPALITY HEREBY COVENANT AND AGREE WITH ONE ANOTHER AS FOLLOWS: 1. SCOPE OF AGREEMENT 1.1 Conformity with Agreement - The Developer covenants and agrees that all work performed pursuant to this Agreement shall be in conformity with the Plans and Specifications submitted to and accepted by the Municipality. 1.2 Reliance Upon Representations - The Developer acknowledges that: (a) he has made representations to the Municipality that he will complete all municipal and other works, required herein, in accordance with the Plans filed and accepted by the Municipality, and, (b) the Municipality has entered into this Agreement in reliance upon these representations. 1.3 Schedules Attached - The following schedules are attached to this Agreement: Schedule "A" - Description of Work and Municipality's Road Standards Schedule "B" - Cash Deposits and Security Schedule "C" — Permit to Take Water 2. ROAD IMPROVEMENTS . ON MUNICIPAL PROPERTY 2.1 The Developer will construct and install at its expense the hereinafter required road improvements. Such improvements shall be constructed in accordance with the standards and specifications required and approved by the Municipality These improvements maybe summarized as follows: (a) See Schedule "A" - upgrading that portion of the 12th Line North at the proposed pit entrances to meet with the existing hard surface of the 12th Line North and the improvement thereof; (b) Signs - installation at pit entrance advising all truckers of approved haul route. 22 The Developer agrees that it shall not commercially sell material from the proposed pit until all of the above work has been completed to the satisfaction of the Township. 3. CONSTRUCTION COMMENCEMENT AND COMPLETION 3.1 The Developer agrees to commence construction of the Improvements required herein within twelve (12) months of the date of the execution of this Agreement by the Municipality, and further agrees to complete all Improvements prior to September, 2006. 4. TOWNSHIP LEGAL PLANNING AND ENGINEERING COSTS 4.1 The Developer agrees to pay to the Township the cost of the Townships lawyer, and Planner for all costs involved in processing this matter and of the Township's Engineer for checking of plans and specifications and inspection on behalf of the Township. This inspection by the Township will depend on the type of construction and the amount provided will be deemed necessary by the Township. In this regard. the Developer agrees to pay to the Township, the sum of TWO THOUSAND ($2,000.00) DOLLARS upon execution of this agreement to the Township for consideration to be applied to account of such costs. As accounts are received from the Township planner, lawyer and Engineer, they will be paid by the Township and then submitted to the Developer for reimbursement within thirty (30) days, so that the initial deposit will again be built up to enable the Township to pay the next k, accounts as they are received. In the event that the deposit is drawn down to a level of FIVE HUNDRED (5500.00) DOLLARS, or less, and the Developer does not pay the accounts within thirty (30) days, it is hereby understood and agreed that the Developer would be in default of this agreement and the Township may, without notice, invoke default provisions as set out in this agreement. 5. ACCEPTANCE OF IMPROVEMENTS 5.1 Acceptance of Improvements — upon completion of the road improvements to the satisfaction of the Township, the certificate of substantial completion and acceptance shall be issued by the Township commencing the one (1) year maintenance period. 6. COMMENCEMENT OF ONE -YEAR WARRANTY PERIOD 6.1 Upon completion of the one (I) year maintenance period, the Township shall issue the Certificate of Maintenance and Final Acceptance upon approval by the Township engineer. RELEASE OF SECURITIES 7.1 During the Guaranteed Maintenance Period, the Owner shall maintain security in an amount not less than 5% of the original security to secure the satisfactory maintenance of all works. R. SAVE HARMLESS The Developer on behalf of itself, its successors and assigns agrees to indemnify and save harmless the Municipality from and against any and all claims, suits, actions and demands whatsoever which may arise either directly or indirectly by reason of any work or service performed by the Municipality, its servants or subcontractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Municipality, its servants or agents or subcontractors. 9. PERMIT TO TAKE WATER The parties acknowledge that the developer has obtained from the Ministry of the Environment a Permit to Take Water. Attached hereto and marked as Schedule C to this agreement is a true copy of the said permit. 10. ESTOPPEL OF DEVELOPER 10.1 The Developer agrees to not call into question directly or indirectly in any proceeding whatsoever, in law or in equity, or before any administrative tribunal, the right of the Municipality to enter into this Agreement and to enforce each and every term, covenant and condition herein contained and this Agreement may be pleaded as an estoppel against the Developer in any such proceedings. 11. TIME OF THE ESSENCE 11.1 The parties hereto agree that time shall be of the essence in the Agreement. \ltu -5 12. INTERPRETATION 12.1 Provided and it is hereby agreed that in construing these presents the word "Developer" and the personal pronoun "he" or "his" relating thereto and used therewith, shall be read and construed as "Developers" and "his ", "hers ", "its ", or "their ", respectively as the number and gender of the party or parties referred to in each case require, and the number of the verb agreeing therewith shall be so construed as agreeing with the said word or pronoun so substituted. 12.2 And that all covenants, rights, advantages, privileges, immunities, powers and things hereby secured to the Municipality shall be equally secured to and exercisable by its successors and assigns as the case may be. 12.3 And that all covenants, liabilities and obligations entered into and imposed hereunder upon the Developer, shall be equally binding upon his, her, its or their heirs, executors, administrators and, or successors and assigns as the case may be, and that all such covenants and liabilities and obligations shall be joint and several. THIS AGREEMENT shall enure to the benefit of and be binding upon each of the parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the following dates: By the Developer on the / 1 day of ii d 6 JS-! , 2005. HILLWAY EQUIPMENT LTD. Per: Glen Stewart, President By The Corporation of the Township of Oro- Medonte on the / 9 day of juc,JS I , 2005. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Per. c Y eil Craig, Mayor Per: -AA 2, .M -K� Marilyn Pe�hycook, Clerk Old UULL N PIN 88 -826 July 28, 2005 Skelton, Brumwell & Associates Inc. CONSTRUCTION COST ESTIMATE g Hiilway 12th Line Pit - Oro Medonte 12th Line and Entrance Works ESTIMATED UNIT ITEM DESCRIPTION QUANTITY UNIT COST TOTAL .1 Remove existing asphalt 75.0 sq.m. $4.00 $300.00 .2 Excavation & Grading 75.0 m3 $6.00 $450.00 .3 400 mm Granuler'B' 115.0 tonnes MOO $920.00 .4 150 mm Granular'A' 50.0 m2 $10.00 $500.00 .5 75 mm Asphalt 15.0 tonnes $60.00 $900.00 .6 Topsoil & Seed 80.0 m2 $4.00 $320.00 .7 Signage 1.0 LS $400.00 $400.00 sue -TOTAL $3,790.00 10 %Contingency $379.0 TOTAL: $4.169.00 SCHEDULE "B" R CASH DEPOSITS AND SECURITY Road Construction $4,169.00 2. Township Processing Costs $2,000.00 TOTAL $6,169.00 733 Exact R R s d 49n ON '6 !t3 r¢ 019973 -3020 TO4 h-.: (519) gP3,", June 20, 2005 SCHEDULE "C" � 't°y Miobtry e(Ne £oHrentnenf SneN.aren Region TalNieel SuPP�n Srcf(pn way, Mlohf2re d! /'inWranoeroene Diw:on n`aiorWe de SWOUesI Smten de mien TvJUdq� R¢wurcc n eeu T33 E+an Rd Imdm� bN N6a t13 T!t(m0iem: (S 19�)3�SOStl TIWJw.e:f5t9J 6)3.SOZA Hillway FquiPment Limited 1118 Brodie Drive Orillia, Ontario, L3V 6H4 RE: Permit Number 1354- 61)8SAO Lot: 9, Concession: 14 Oro- Medonte, County of Simcoe Reference Number 0060- 6D8RU8 Dear Mr, Stewart: Q Ontario Please find attached a Permit to Take Water which accordance with the application for this Permit to authorizer the withdrawal of water is by Glen Stewart, Take Water, dated August 14, 1995 and signed Take notice that in Issuing this Permit to Take Water, terms and conditi ons pertaining to the have been water and t to allow results of the for the development of water esources, while Providing terms and conditionyble Protection to existing water uses and users. Yours truly, Scott Abemethy Supervisor Southwestern Region File Storage Number. STOMC14.220 _ C OM of the AMENDED PERMIT TO 7A WATER �J Environment Ground WBfBf Ministers do NUMBER 1354- 6DRSAG Ontario PEnvirorinemerd Pursuant to Section 34 of the Ontario Water Resources Act. RSO. 1990 this Permit To Take Water is hereby issued to; Hillway Equipment Limited 1118 Brodie Drive Orillia, Ontario, L3V 6114 Canada For the water taking from: Pond Located at: Lot 9, Concession 14 Oro- Medonte, County of Simcoe For the purposes of this Permit and the terms and conditions specified below, the following definitions oppty: DEFINITIONS (a) "Director" means any person appointed in writing as a Director pursuant to section 5 of the OWRA for the purposes of section 34, OWRA.. (b) "Provincial Officer" means any person designated in writing by the Minister as a Provincial Officer pursuant to section 5 of the OWRA. (c) "Ministry" mesas Ontario Ministry of the Environment. (d) "District Office" means the Barrie District Office. (e) "Permit" means this Permit to Take Water No. 1354- 6D8SAG including its Schedules, if any, issued in accordance with Section 34 of the OWRA, (t) "Permit Holder" means Hilhvay Equipment Limited. (g) "OWRA " means the Ontario Water Resources Act, R.S.O. 1990, a. O. 40, as amended. You are hereby notified that this Permit is issued subject to the terms and conditions outlined Page t - NUMBER 1354- 6138SAG kuot -[o \ below: TERMS AND CONDITIONS 1. Compliance with Permit 1.1 Except where modified by this Permit, the water taking shall be in accordance with the application for this Permit To Take Water, dated August 14, 1995 and signed by Glen Stewart, and all Schedules included in this Permit 1.2 The Permit Holder shall ensure that any person authorized by the Permit Holder to take water under this Permit is provided with a copy of this Permit and shall take all reasonable measures to ensure that any such person complies with the conditions of this Permit. 1.3 Any person authorized by the Permit Holder to take water under this Permit shall comply with the conditions of this Permit. 1.4 This Permit is not transferable to another person. 1.5 This Permit provides the'Pemiit Holder with permission to take water in accordance with the conditions of this Permit, up to the date of the expiry of this Permit This Permit does not constitute a legal right, vested or otherwise, to a water alloeaclon, and the issuance of this Permit does not guarantee that, upon its expiry, it will bezenewed. 1,6 The Permit Holder shall keep this Permit available at all times at or near the site of the taking, and shall produce this Permit immediately for inspection by a Provincial Officer upon his or her request. 1.7 The Permit Holder shall report any changes of address to the Director within thirty days of any such change. The Permit Holder shall report any change of ownership of the property for which this Permit is issued within thirty days of any such change, A change in ownership in the property shall cause this Permit to be cancelled 2. General Conditions and Interpretation 2.1 Inspections The Permit Holder must forthwith, upon presentation of credentials, permit a Provincial Officer to cant' out any and all inspections authorized by the OWRA, the Environmental Projection Act, R.S.O. 1990, the Pesticides Act, R_S.O. 1990, or the Safe Drinking Water Act, S. O, 2002. 2.2 Other Approvals The issuance of, and compliance with this Pemtit, does not: (a) relieve the Permit Holder or my other person from my obligation to comply with any other applicable legal requirements, including the provisions of the Ontario Water Resources Act, and Page 2 - NUMBER 1354- 6DSSAG 1�9_ t, the Environmenroi protection Act, and any regulations made thereunder, or (b) limit in any way the authority of the Director or a Provincial Officer to requua rertaia steps be taken or to require the Permit Holder to furnish any further information related to this Permit. 2.3 Information The receipt of any information by the Ministry, r the failure of the Ministry to take any action or require any person to take any action in relation to the information, or the failure of a Provincial officer to prosecute any person in relation to the information, shall not be construed as: (9) an approval, waiver or justification by the Ministry of any act or omission of any person that contravenes this Permit or other legal requirement; or (b) acceptance by the Ministry of the information's completeness or accuracy, 2A Rights of Action The issuance ot, and compliance with this Permit shall not be construed as precluding or ............ ....limiting any legal daims.oc rights of action that any Ontario or any agency thereof, has or may have against the Pe�axoldei its officers, employees, of employees, agents, and contractors, 2.5 Severability The requirements of this Permit are severable. If any requirements of this Permit, orthe unenforceable, le any requirements of this Permit to any circumstance, is held invalid or uneaforceable, the application of such requirements to other circumstances and the remainder of this Permit shall not be affected thereby. 2.6 Conflicts Where there is a conflict between a provision of any submitted document referred to In this Permit, including its Schedules, and the conditions of this Permit, the conditions in this Permit shall take precedence, 3. Water Takings Authorized by This permit 3.1 Expiry This Permit expires on December 31, 2010. No water shall be taken under authority of this Permit after the expiry date. 3.2 Amounts of Taking Permitted The Permit Holder shall only take water from the source, during the periods and at the rates and amounts of taking specified in Table A. Water takings are authorized only for the purposes specified in Table A. Page 3 - NUMBER 1354- 61)BSAG - 1 g- Table A 1 oume,Nn�i�e a u - '711"d 4 Tokln ' 'tea az Max.NUm its?. Taken Mali. NUm. urw G �i #gsef YBlS ,, � t 4 l .✓;' Majog s y A„�`akan per I �r�♦ire .it d'p per Dry 1 of tlaya E,sang! Y��r Gbgory: 'MInW Pv Dar Oaraal- Telun pbr ,NOrthing. noval: Yaar. ...._._ Pond Fond /+gglegnte !Irqustnal ,550000 16.00 1528000000 365.00 AT Wa 0850 2 SIT Y�g k1937280 _ -. — ..Tetal 5290000.00 Taking: 3.3 Water taken under the authorization of this Permit shall be used on lots 8, 9 and 10, Concession 14, Oro - Medonte Township, Simcoe County. 4. Monitoring 4.1 The Permit Holder shall maintain a record of all water takings. This record shall include the dates and duration of water takings, the rate of pumping (based on rating curves), and a o estimated calculation of the total amounts of water pumped per day for each day that water is taken under the authorization of this Perrnit. The Permit Holder shall keep all required records up to date and available at or near the site of the taking and shall produce the records immediately for inspection by a Provincial Officer upon his or her request. 4.2 Any application submitted to the Ministry for renewal or amendment of this Permit shall be accompanied by all records required by the conditions of this Permit, 5. Impacts of the Water Taking 5.1 Notification The Permit Holder shall immediately notify the local District Office of any complaint arising from the taking of water authorized under this Permit and shall report any action which has been taken or is proposed with regard to such complaint. The Permit Holder shall immediately notify the local District Office if the taking of water is observed to have any significant impact on the surrounding waters, After hours, calls shall be directed to the Ministry's Spills Action Centre at 1- 800-268-6060. 5.2 For Groundwater Takings If the taking of water is observed to cause any negative impact to other water supplies obtained from any adequate sources that were in use prior to initial issuance of a Permit for this water taking, the Permit Holder shall take such action necessary to make available to those affected, a supply of water equivalent in quantity and quality to their normal takings, or shall compensate such persons for their reasonable costs of so doing, or shall reduce the rate and amount of taking to prevent or alleviate the observed negative impact. Pending permanent restoration of the affected supplies, the Permit Holder shall provide, to those affected, temporary water supplies adequate to meet their normal requirements, or shall compensate such persons for their Page 4-NUMBER 1354- 6D8SAG ? ctK is } reasonable costs of doing so. If permanent interference is caused by the water taking, the Permit Holder shall restore the water supplies of thosc permanently affcctcd, 6. Director May Amend Permit The Director may amend this Permit by letter requiring the Permit Holder to suspend or reduce the taking to an amount or threshold specified by the Director in the letter. The suspension or reduction in taking shall be effective immediately and may be revoked at anytime upon notification by the Director, This condition does not affect your right to appeal the suspension or reduction in taking to the Environmental Review Tribunal under the Ontarto Water Resources Act, Section 100 (3). The reasons for the imposition afthese terms and conditions are osfollows, 1. Condition 1 is included to ensure that the conditions in this Permit are complied with and can be enforced. 2• ' Condition 2 is included to clarify the legal interpretation of aspects of this Permit. I. Conditions 3 through 6 are included to protect the quality of the natural environment so as to safeguard the ecosystem and human health and foster efficient use and conservation of water. These conditions allow, for the beneficial use of waters while'ensuring the fair abating, conservation and sustainable use of the waters of Ontario. The conditions also specify the water takings that are authorized by this Permit and the scope of this Permit. Page 5 - NUMBER 1354- 6DSSAG In accordance with Section 100 of the Ontario Water Resources Act R.SO. 1990, you may by written Notice served upon me and the Environmemol Review Tribunal within 15 days after receipt of this Notice, require a hearing by the Tribunal. Section 101 ofthe Ontario Water .e e t RS o. 1990, as amended provides that the Notice requiring the hearing shall state; 1. The portions of the Permit or each term or condition in the Permit in respect of which the hearing is required, and; ' 2. The grounds on which you intend to rely at the hearing in relation to each portion appealed. In addition to these legal requirements, the Notice should also include: 3. The carne of the appellant; 4. The address of the appellant; 5. The Permit to Take Water number; 6• The date of the Permit to Take Water, 7. The name of the Director; g; The municipality within which the works are located; And the Notice should be signed and dated by the appellant. This notice must be served upon: rhe &oetary Ervironmenra /Review Tribumi The Dfineiar, Seenon 31 23003bnge sneef. 11th Floe, Dnmrte Wot<>n, u Ad. Rso 1990, Tor-no. Ontario M4P J44 UWtny ofErvIm f 733 &.ter Ad Louden ON N6E /L3 Far. (319)873.5020 Further (xjarmallon on the Envbonmenlal Review 7ribwaPr requirementr jar (he TYlbunaL• an appeof can be o6labted dlrertly from by td<phana'at (416) 314 -4600 byfkz at (416) 314 -4506 by e-mail a1 www.eKew.onea This Permit cancels and replaces Permit Number 78- P3062, issued on 1997/01/15 12:00:00 AM. Dated at London this 20th day of June, 2005 Scott Abernethy Director, Section 34 Ontario Water Resources Act, SLS.O, 1990 Page 6 - NUMBER 1354- 6D8SAG Scbedale A This Schedule "A" forms part of Permit To Take Water 1354- 6b8SACi, dated June 20, 2005. Page 7 - NUMBER 1354- 6D8SAG v � N W 3031---- I I �m 1813m- 450mmO CSP 2.OmmTH INTERNAL ACCESS ROAD _ 5m -302 I _\ 24.4m [80 Oft]J�' POPOSED R STOP SIGN / GATE 38m �- TO C/L OF HAUL ROAD i 'K' - k I a f ,oa �o< E8 F V W. 3 I Eo C Q N Z i I i = h ^^\\yy O x } o ` V < EL O I �- }T X o wl * I X Lij rmf%I VIE LV I O m J CONCESSION 12 AND PART OF LOT 9 CONCESSION 13 TOWNSHIP OF ORO— MEDONTE / COUNTY OF SIMCOE yy* JJJvvv111 M ELI PROPOSED WORKS 18.3miTO m0 CSP 2.Om mTH DMWN: BDO -P-S STOP��S L 18.3m CULVERT(S) TO SUIT / MATCH EXISTING DITCH, 'I " (TO BE FIELD SET DURING CONSTRUCTION). INTERNAL RCCESS ROAD \ LOCATIONS TO BE DETERMINED 5m EXISTING FENCE TO BE RELOCATED THROUGH - -- ^ ---- -- �-- Wi[ O[$Ca,Plgx CMC+fO ENTRANCE(S) TO SUIT PROPOSED GATE PLACEMENT. / STOP SIGN AT EACH DRIVEWAY. aJ BRL �wu m✓D, (TO BE FIELD SET DURING CONSTRUCTION). ALL WORKS SHALL BE COMPLETED TO THE APPROVAL 24.4m [80.Oft]� -I \ EXCAVATE, REMOVE AND DISPOSE OF ALL EXISTING MATERIALS. * HILLWAY 12TH LINE PIT PROPOSED GATE "B" • PLACE 400m1n COMPACTED DEPTH GRANULAR --.— 2.3m AND 150mm COMPACTED DEPTH GRANULAR "A ". ASPHALT (HL4), TO BE PLACED TO 75mm DEPTH. * /j % 41m PROVIDE 6.1m LENGTH FROST'- TAPERS AT BOTH ENDS OF FULL DEPTH WORKS ON 12th LINE. 8 O FINISHED WIDTH AND GRADES TO MATCH EXISTING / ) H , ROAD. x -- x ---- � x x PRWECI R0.8E —A2E 0R . r .626- ACCESS MTL AVC OS SC E: :6O \ DMWN: BDO CRELR[D: APPRDJED: " STANDARD SIGN "TRUCK CROSSING," NORTH AND / SOUTH OF CROSSING. LOCATIONS TO BE DETERMINED j 0 A 5 1 0 C 1 A Y E! IN C. BY TOWNSHIP STAFF. Wi[ O[$Ca,Plgx CMC+fO CONSULTING / STOP SIGN AT EACH DRIVEWAY. aJ BRL �wu m✓D, i ALL WORKS SHALL BE COMPLETED TO THE APPROVAL OF THE TOWNSHIP. /j HILLWAY 12TH LINE PIT 12TH LINE CROSSING x -- x ---- � x x PRWECI R0.8E —A2E 0R . r .626- ACCESS MTL AVC OS SC E: :6O \ DMWN: BDO CRELR[D: APPRDJED: ® Skelton Bramwell 0 A 5 1 0 C 1 A Y E! IN C. Wi[ O[$Ca,Plgx CMC+fO CONSULTING ENGINEERS & PLANNERS S uGll�ii C nC o��nc,nn,c aJ BRL �wu m✓D, SM[ COI pwepE , Wtwp �"u K� I - THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2005 -089 A By -law to Enter into a Water Service Connection Agreement between The Corporation of the Township of Oro - Medonte and Josh McKay and Lyndsay Johnston WHEREAS the Municipal Act, S.O., 2001, c.25, Section 11, authorizes the Council of a Municipality to pass a by -law respecting water distribution; AND WHEREAS the Applicants have requested permission from the Municipality to connect to a municipal water system (Maplewood); AND WHEREAS the Municipality is prepared to grant permission to connect to a municipal water system (Maplewood) upon certain terms and conditions; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: That the Mayor and Clerk be authorized to execute the Water Service Connection Agreement, shown as Schedule "A" attached hereto and forming part of this By- law. 2. That this By -law shall come into full force and effect on its final passing thereof. BY -LAW READ A FIRST AND SECOND TIME THIS 7T" DAY OF SEPTEMBER, 2005. BY -LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF SEPTEMBER, 2005. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook 4 Schedule "A" to By -Law No. 2005 -089 THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE WATER SERVICE CONNECTION AGREEMENT THIS Agreement made, in triplicate, this day of 2005. BETWEEN: JOSH McKAY AND LYNDSAY JOHNSTON Hereinafter referred to as the "Registered Owners' - and - THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Hereinafter referred to as the "Municipality" A description of the land affected by this Agreement is as follows: 4 Maplewood Parkway Plan M22, Pt. Blk. C RP 51 R- 32833, Part 2 Township of Oro - Medonte Roll #: 4346- 030 - 012 -13856 The Municipality has entered into this Agreement on the day of 2005 The Registered Owners agree to comply with all the terms and conditions as set out in the Corporation of the Township of Oro - Medonte By -law No. 2004 -024, being a By -law to amend By -law No. 2003 -025 (a By -law to regulate Municipal Water Systems within the Township of Oro - Medonte); and Schedule "J ", Water Rates and Fee Schedule, of By -law No. 2005 -043, being a By -law to provide for the imposition of fees or charges, attached hereto. The Registered Owners acknowledge and agree that the Township of Oro - Medonte does not guarantee water pressure and that either now or in the future, the Registered Owners may be required to install and maintain equipment to satisfy pressure. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Neil Craig, Mayor Marilyn Pennycook, Clerk k b -' CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2004 -024 Being a By -law to Amend By -law No. 2003 -025, a By -law to Regulate Municipal Water Systems within the Township of Oro - Medonte WHEREAS Council of the Township of Oro - Medonte did, on the 18,' day of June, 2003, enact By -law No. 2003 -025 to regulate municipal water systems within the Township of Oro - Medonte AND WHEREAS Council of the Corporation of the Township of Oro - Medonte deems it desirable and necessary to amend By -law No. 2003 -025; AND WHEREAS By -law No. 2003 -025 deems that watering of lawns or gardens, or the filling of swimming pools, are not deemed to be domestic uses under the terms of the By -law; AND WHEREAS By -law No. 2003 -025 authorizes the Director of Engineering and Environmental Services to take all such action, as may be necessary, to immediately terminate the supply of water to any property served by the Municipal Water System; NOW THEREFORE the Council of the Township of Oro - Medonte enacts as follows: 1. THAT Section 4 of By -law No. 2003 -025 be amended by adding the following: "4.5 No person shall, from a Municipal Water System, water or sprinkle, or cause or permit the watering or sprinkling of any lawn, garden, tree, shrub or other outdoor plant, or fill swimming pools, in the Township of Oro - Medonte through a hose or other attachment except between the hours of 7:00 p.m. — 11:00 p.m. subject to the following: a) Owners or tenants of properties with a municipal address with an even number are permitted to water lawns and gardens, or fill swimming pools within the designated times, on even - numbered days of the month; b) Owners or tenants of properties with a municipal address with an odd number are permitted to water lawns and gardens, or fill swimming pools within the designated times, on odd - numbered days of the month; c) Owners of newly seeded and /or sodded lawns, upon proof of installation and subject to the approval of the Director of Engineering and Environmental Services or his designate, may be permitted to water their lawn for fourteen (14) consecutive days regardless of the day designated under these water restrictions; d) Owners of properties which have been sprayed for insects, upon proof of such spraying and subject to the approval of the Director of Engineering and Environmental Services or his designate, may be permitted to water their lawn for seven (7) consecutive days regardless of the day designated under these water restrictions. 4.6 No person shall use water for lawn watering or any other similar purpose when a total water ban order is in effect. 4.7 A total water ban order issued by the Township to suspend lawn watering or other similar purpose shall remain in effect until it has been revoked by the Director of Engineering and Environmental Services or his designate" klu 1 4 2. THAT this By -law shall come into force and take effect on its final passing thereof. By -law read a first and second time this 17" day of March 2004. By -law read a third time and finally passed this 17`" day of March 2004. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Ma "r, it Craig dr_k,Milyn Penny ok \,�o- THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2005 -043 A By -law of The Corporation of the Township of Oro - Medonte to provide for the imposition of fees or charges WHEREAS Part XII, Section 391 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, permits a municipality to pass by -laws imposing fees or charges on any class of persons, for services or activities provided or done by or on behalf of it; for costs payable by it for services or activities provided or done by or on behalf of any other municipality or local board; and for the use of its property including property under its control; AND WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality may pass by -laws respecting water production, treatment and storage; AND WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality may pass by -laws respecting matters relating to waste management; AND WHEREAS the Council of The Corporation of the Township of Oro - Medonte deems it necessary to levy waste management charges to finance the annual estimates for waste management for the year 2004; AND WHEREAS Section 11 of the Municipal Act, 2001, SO. 2001, c.25, as amended, provides that a municipality may pass by -laws respecting sewage treatment; AND WHEREAS The Corporation of the Township of Oro - Medonte operates and maintains communal tile beds hereinafter referred to as the "sewage works "; AND WHEREAS the Council of The Corporation of the Township of Oro - Medonte deems it necessary to impose a sewer service charge upon those lands that derive a benefit from the sewage works; AND WHEREAS Section 398 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides the Treasurer of a local municipality may add charges imposed by the municipality under Part XII of the said Act to the tax roll for the property to which the public utility was supplied and collect them in the same manner as municipal taxes; AND WHEREAS Section 69 of the Planning Act, R.S.O., 1990, c.P.13, as amended, provides that a municipality may establish a tariff of fees for the processing of applications; AND WHEREAS Section 50 of the Condominium Act, R.S.O. 1990, c.C.26, as amended, provides that a municipality may establish a tariff of fees for the processing of applications; AND WHEREAS Section 7 of the Building Code Act, 1992, S.O. 1992, c.23, as amended, authorizes a municipal Council to pass by -laws concerning the issuance of permits and related matters; AND WHEREAS Section 5(0.1) of the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4, as amended, authorizes a municipality to establish, maintain and operate a fire department for all or any part of the municipality. NOW THEREFORE the Council of The Corporation of the Township of Oro-Medonte enacts as follows: 1. That this By -law be known as the "Fees and Charges By -law ". 2. That the following Schedules, attached hereto, form part of this By -law Schedule A Administration Schedule B Building Schedule C Fire Schedule D Parks and Recreation Schedule E Planning Schedule F Public Works Schedule G Sewer Service Charges Schedule H Treasury Schedule I Waste Management Charges Schedule J Water Rates 3. That Appendix "i" attached hereto lists services and fees imposed under separate by -laws, Acts, Ontario Regulations. 4. Any person desirous of using those services or property of the Township of Oro - Medonte described in Schedules "A" to and including "J" shall pay the fee set out opposite the description or name of the particular service or property, as shown in Schedules "A" to and including "J ". 5. Despite the provision of Section 4, Council or its delegated authority may, in its discretion upon application to it, waive or reduce the fees set out in Schedules "A" to and including "J" for any person, on a one time or on a continuing basis. 6. All fees payable under this by -law shall be payable in advance of providing the service except for: a) emergency services; b) actions taken by the Township of Oro - Medonte to rectify failures or by -law infractions on the part of a resident; C) specific fees prescribed in Schedule "E" (Planning) to this by -law; in which case the fee payable will be in arrears and invoiced subsequent to the service or activity provided. If for any reason fees owing under this by -law remain unpaid after 30 days, same shall bear interest at the rate of 1,25% per month until paid in full. In addition to any interest owing, each payment that is not paid when due, shall bear an administrative penalty of $25.00. 8. Where a deposit is required under this by -law for services rendered by the Township, and actual costs exceed the deposited amount, such costs shall be deemed to be fees owing under this by -law and Section 7 of this by -law shall pertain to such outstanding costs. 9. Any fees that are owing to the Township of Oro - Medonte and that are unpaid are a debt to the Township of Oro - Medonte and, together with all interest and penalties accrued thereupon, may be collected by the Township of Oro - Medonte by action or may be collected by the Township of Oro-Medonte on its behalf or may be collected in like manner as taxes. 10. Should any Section, subsection, clause, paragraph or provision of this By -law, including any part of the Schedules to this By -law, be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the By -law as a whole or any part thereof, other than the provision or part of the Schedule so declared to be invalid. 11. That By -laws No, 97.66, 98 -84, 98-96, 98 -102, 99 -04, 99 -70, 99 -78, 2002 -136, 2003 -30, 2004 -32, 2004 -033, 2004 -077 are hereby repealed in their entirety. 12. Any other By -law or part thereof inconsistent with the provisions of this By -law is hereby repealed. 13. That this By -law shall take effect and come into force on the day of its final passing. Read a first and second time this 4'" day of May, 2005. Read a third time and finally passed this 4" day of May, 2005. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mai/ r, J. Neill Cr C erk, Maron Pennycoq SCHEDULE `J' TO BY -LAW NO. 2005 -043 WATER DEFINITIONS - For the purpose of this Schedule, 11. "Municipal Water Area" shall mean a subdivision within The Corporation of the Township of Oro - Medonte. 1.2. "Municipal Water Systems" shall include all water works established within the present Township of Oro - Medonte, and shall further include any present or future extensions to the water works under any Act or under an agreement between the Township or its predecessors, but shall not include any private water works which have not been acquired, established, maintained or operated by the Township or its predecessors; 1.3. "Owner" shall mean the assessed owner(s) as identified on the Assessment Roll for taxation purposes during the current year, as amended. 1.4. "Treasurer' shall mean the Treasurer of The Corporation of the Township of Oro - Medonte. 1.5. "Unit" shall mean an assessed or assessable unit within a residential, commercial or industrial building, and shall include an apartment located within a single family dwelling which is serviced by the Township Water System, as permitted under the applicable Zoning By -law. 1.6. "Water Works" means any works for the collection, production, treatment, storage, supply and distribution of water, or any part of such works, but does not include plumbing or other works to which the Ontario Building Code Act and its regulations apply. 2. WATER CHARGES, BILLING AND COLLECTION 2.1. As soon as the water connection installation is approved by the Township Inspector, he shall forthwith turn the water on for owner. The owner will then be charged at the appropriate water rate, as per Schedule V. 2.2. At the end of September each year, the duly authorized employee shall read, or cause to be read, all meters connected to the Municipal Water System to determine the amount of water used during the year. 2.3. The Treasurer shall calculate water charges to be assessed against each unit in a Municipal Water Area, in accordance with the minimum quarterly charge and rates per cubic meter as set out in Schedule 'J'. 2.4. The Treasurer shall, for each calendar quarter, issue bills to each unit based on the applicable water charges. Water bills shall be due and payable not less that twenty -one (21) days from the date of mailing. 2.5. Water payments shall be payable to The Corporation of the Township of Oro - Medonte and may be paid during office hours in person or by mail at the Oro - Medonte Administration Office, 148 Line 7 South, Box 100, Oro, On LOL 2X0, or at most financial institutions. Water payments made at a financial institution shall deemed to be paid on the date shown by the Teller's stamp on the bill stub. The Township shall not be responsible for any applicable service charge payable to the bank. Cheques only can be dropped at the drop boxes located at the Administration Office and Moonstone Fire Hall. \�&v3 -� Schedule V— Water (cont'd) 2.6. The Treasurer shall impose a ten (10) percent late charge on all unpaid accounts on the day after the due date. 2.7. If an account remains unpaid, the Township may collect amounts payable pursuant to Section 398 of the Municipal Act, 2001, c. 25, as amended. WATER RATES: METERED: RESIDENTIAL OR COMMERCIAL SHANTY BAY - M -66, M -71, M -696 Based on twelve It 2) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters EX 7c ;it1 ftA1iZ01Mr &1ffiE Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters $575.00 /Unit for twelve It 2) Months $143.75/Unit for three (3) Months $575.00 /Unit for twelve If 2) Months $143.75/Unit for three (3) Months SUGARBUSH - M -8, M -9, M -30, M -31, M -367, M -368 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters CEDARBROOK - M -157 Based on twelve If 2) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters $575.00 /Unit for twelve (12) Months $143.75 /Unit for three (3) Months $600.00 /Unit for twelve (12) Months $150.00 /Unit for three (3) Months Schedule V— Water (cont'd) CANTERBURY - M -343 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters MAPLEWOOD Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters 'ID - It $600.00 /Unit for twelve (12) Months $150.00 /Unit for three (3) Months $575.00 /Unit for twelve (12) Months $143.75 /Unit for three (3) Months HORSESHOE HIGHLANDS - M -391, M -447, M -456 ZONE If Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters CRAIGHURST - M -510 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters WARMINSTER - 309, M -104, M -92 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters $575.00 /Unit for twelve (12) Months $143.75/Unit for three (3) Months $575.00 /Unit for twelve (12) Months $143.75/Unit for three (3) Months $575.00 /Unit for twelve (12) Months $143.75/Unit for three (3) Month Period \ \_ Schedule 'J'— Water (cont'd) SURCHARGE BASED ON TWELVE (12) MONTH PERIOD FOR ALL METERED SYSTEMS EXCEPT CANTERBURY & CEDARBROOK 366 -545 Cubic Meters 546 + Cubic Meters $1.81 /Cubic Meter $1.97 /Cubic Meter SURCHARGE BASED ON TWELVE (12) MONTH PERIOD FOR CANTERBURY & CEDARBROOK 366 -545 Cubic Meters 546 + Cubic Meters FLAT RATE: RESIDENTIAL MEDONTE HILLS - 1650, M -29, M -174 Based on twelve (12) month period Flat Rate Based on three (3) month period Flat Rate $1.89 /Cubic Meter $2.05 /Cubic Meter $575.00 /Unit for twelve (12) Months $143.75/Unit for three (3) Month Period ROBINCREST- M -123, M -101, BACHLY, MOONSTONE PER SCHEDULE "A" BY -LAW 2002 -132 Based on twelve (12) month period Flat Rate Based on three (3) month period Flat Rate SCHOOLS Flat Rate HORSESHOE - ORO 1587 Based on twelve (12) month period Flat Rate Based on three (3) month period Flat Rate $575.00 /Unit for twelve If 2) Months $143.75/Unit for three (3) Month Period $ 18.00 /Classroom /Month for twelve (12) Months $575.00 /Unit for twelve (12) Months $143.75/Unit for three (3) Month Period HORSESHOE - Medonte 1531, M -10, M -11, M -23 Flat Rate $575.00 /Unit for twelve (12) Months Based on three (3) month period Flat Rate PINE RIDGE SKI CLUB Flat Rate (6 units) Flat Rate Commercial $143.75/Unit for three (3) Month Period $3,450.00 for twelve (l 2) Months $ 862.50 for three (3) Month Period Schedule V— Water (cont'd) MISCELLANEOUS FEES: CONNECTION FEE INSPECTION $200.00 DISCONNECTION AND RECONNECTION CHARGE $ 50.00 Each THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2005 -090 A By -law to Enter into a Water Service Connection Agreement between The Corporation of the Township of Oro - Medonte and Bill Shaw WHEREAS the Municipal Act, S.O., 2001, c.25, Section 11, authorizes the Council of a Municipality to pass a by -law respecting water distribution; AND WHEREAS the Applicants have requested permission from the Municipality to connect to a municipal water system (Maplewood); AND WHEREAS the Municipality is prepared to grant permission to connect to a municipal water system (Maplewood) upon certain terms and conditions; NOW THEREFORE the Council of the Township of Oro- Medonte hereby enacts as follows: That the Mayor and Clerk be authorized to execute the Water Service Connection Agreement, shown as Schedule "A" attached hereto and forming part of this By- law. 2. That this By -law shall come into full force and effect on its final passing thereof. BY -LAW READ A FIRST AND SECOND TIME THIS 7T" DAY OF SEPTEMBER, 2005. BY -LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF SEPTEMBER, 2005. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook juL.-24 -2225 15:38 ORO MEDONTE TW' Schedule "A" to By -Law No, 2005 -090 THE CORPORATION OF THE TOWNSHIP OF ORO•MEDONTE i • WATER SERVICE CONNECTION AGREEMENT 3 THIS Agreement made, in triplicate, this day of 2005. BETWEEN: BILL SHAW Hereinafter referred to as the 'Registered Owner' and - THE CORPORATION OF THE TOWNSHIP OF OR04 AEDONTE Hereinafter referred to as the'Municipality° A description of the land affected by this Agreement is as follows: • 2 Maplewood Parkway Plan M22, Pt Bl k. C RP 51R32833, Part 3 Township of Oro- Medonte RoU IN: 4346 -030- 01243855 The Municipality has entered into this Agreement on the day of 2005. The Registered owner agrees to comply with all the terms and conditions as set out in the Corporation of the Township of Oro-Medonte By-law No. 2004-024, being a By -law to amend By-law No. 2003-025 (a By -law to regulate Municipal Water System$ within the Township of Oro-Medonte); and Schedule'•J ", Water Rates and Fee Schedule, of By -law No. 2005 -043, being a'By4aw to provide for the imposition of fees or charges, attached hereto. 3 . The Registered Owner acknowledges and agrees that the Township of Oro-Medonte does not guarantee water pressure and that either now or in the future, the Registered f Owner may be required to install and maintain equipment to satisfy pressure. Bill Shaw, Owner THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE J. Neil Craig, Mayor 3 -� Marilyn Pennycook, Clerk 1l'� - CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2004 -024 Being a By -law to Amend By-law No. 2003 -025, a By -law to Regulate Municipal Water Systems within the Township of Oro - Medonte WHEREAS Council of the Township of Oro - Medonte did, on the 18"' day of June, 2003, enact By -law No. 2003 -025 to regulate municipal water systems within the Township of Oro - Medonte; AND WHEREAS Council of the Corporation of the Township of Oro - Medonte deems it desirable and necessary to amend By -law No. 2003 -025; AND WHEREAS By -law No. 2003 -025 deems that watering of lawns or gardens, or the filling of swimming pools, are not deemed to be domestic uses under the terms of the By -law; AND WHEREAS By -law No. 2003 -025 authorizes the Director of Engineering and Environmental Services to take all such action, as may be necessary, to immediately terminate the supply of water to any property served by the Municipal Water System; NOW THEREFORE the Council of the Township of Oro - Medonte enacts as follows: 1. THAT Section 4 of By -law No. 2003 -025 be amended by adding the following "4.5 No person shall, from a Municipal Water System, water or sprinkle, or cause or permit the watering or sprinkling of any lawn, garden, tree, shrub or other outdoor plant, or fill swimming pools, in the Township of Oro - Medonte through a hose or other attachment except between the hours of 7:00 p.m. —11:00 p.m. subject to the following: a) Owners or tenants of properties with a municipal address with an even number are permitted to water lawns and gardens, or fill swimming pools within the designated times, on even - numbered days of the month; b) Owners or tenants of properties with a municipal address with an odd number are permitted to water lawns and gardens, or fill swimming pools within the designated times, on odd - numbered days of the month; c) Owners of newly seeded and /or sodded lawns, upon proof of installation and subject to the approval of the Director of Engineering and Environmental Services or his designate, may be permitted to water their lawn for fourteen (14) consecutive days regardless of the day designated under these water restrictions; d) Owners of properties which have been sprayed for insects, upon proof of such spraying and subject to the approval of the Director of Engineering and Environmental Services or his designate, may be permitted to water their lawn for seven (7) consecutive days regardless of the day designated under these water restrictions. 4.6 No person shall use water for lawn watering or any other similar purpose when a total water ban order is in effect. 4.7 A total water ban order issued by the Township to suspend lawn watering or other similar purpose shall remain in effect until it has been revoked by the Director of Engineering and Environmental Services or his designate." C,--4 2. THAT this By -law shall come into force and take effect on its final passing thereof. By -law read a first and second time this 17`h day of March 2004. By -law read a third time and finally passed this 17th day of March 2004. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Ma 'r, J ei CCraig Clerk, M ilyn Penny ok THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2005 -043 A By -law of The Corporation of the Township of Oro - Medonte to provide for the imposition of fees or charges WHEREAS Part XII, Section 391 of the Municipal Act, 2001, S.O. 2001, C. 25, as amended, permits a municipality to pass by -laws imposing fees or charges on any class of persons, for services or activities provided or done by or on behalf of it; for costs payable by it for services or activities provided or done by or on behalf of any other municipality or local board; and for the use of its property including property under its control; AND WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality may pass by -laws respecting water production, treatment and storage; AND WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality may pass by -laws respecting matters relating to waste management; AND WHEREAS the Council of The Corporation of the Township of Oro - Medonte deems it necessary to levy waste management charges to finance the annual estimates for waste management for the year 2004; AND WHEREAS Section 11 of the Municipal Act, 2001, SO. 2001, c.25, as amended, provides that a municipality may pass by -laws respecting sewage treatment; AND WHEREAS The Corporation of the Township of Oro - Medonte operates and maintains communal the beds hereinafter referred to as the "sewage works AND WHEREAS the Council of The Corporation of the Township of Oro - Medonte deems it necessary to impose a sewer service charge upon those lands that derive a benefit from the sewage works; AND WHEREAS Section 398 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides the Treasurer of a local municipality may add charges imposed by the municipality under Part XII of the said Act to the tax roll for the property to which the public utility was supplied and collect them in the same manner as municipal taxes; AND WHEREAS Section 69 of the Planning Act, R.S.O., 1990, c.P.13, as amended, provides that a municipality may establish a tariff of fees for the processing of applications; AND WHEREAS Section 50 of the Condominium Act, R.S.O. 1990, c.C.26, as amended, provides that a municipality may establish a tariff of fees for the processing of applications; AND WHEREAS Section 7 of the Building Code Act, 1992, S.O. 1992, c.23, as amended, authorizes a municipal Council to pass by -laws concerning the issuance of permits and related matters; AND WHEREAS Section 5(0.1) of the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4, as amended, authorizes a municipality to establish, maintain and operate a fire department for all or any part of the municipality. NOW THEREFORE the Council of The Corporation of the Township of Oro - Medonte enacts as follows: 1. That this By -law be known as the "Fees and Charges By -law ". 2. That the following Schedules, attached hereto, form part of this By -law Schedule A Administration Schedule B Building Schedule C Fire Schedule D Parks and Recreation Schedule E Planning Schedule F Public Works Schedule G Sewer Service Charges Schedule H Treasury Schedule I Waste Management Charges Schedule J Water Rates 3. That Appendix 1" attached hereto lists services and fees imposed under separate by -laws, Acts, Ontario Regulations. 4. Any person desirous of using those services or property of the Township of Oro - Medonte described in Schedules "A" to and including "J" shall pay the fee set out opposite the description or name of the particular service or property, as shown in Schedules "A" to and including "J ". 5. Despite the provision of Section 4, Council or its delegated authority may, in its discretion upon application to it, waive or reduce the fees set out in Schedules "A" to and including "J" for any person, on a one time or on a continuing basis. 6. All fees payable under this by -law shall be payable in advance of providing the service except for: a) emergency services; b) actions taken by the Township of Oro - Medonte to rectify failures or by -law infractions on the part of a resident; C) specific fees prescribed in Schedule "E" (Planning) to this by -law; in which case the fee payable will be in arrears and invoiced subsequent to the service or activity provided. If for any reason fees owing under this by -law remain unpaid after 30 days, same shall bear interest at the rate of 1.25% per month until paid in full. In addition to any interest owing, each payment that is not paid when due, shall bear an administrative penalty of $25.00. B. Where a deposit is required under this by -law for services rendered by the Township, and actual costs exceed the deposited amount, such costs shall be deemed to be fees owing under this by -law and Section 7 of this by -law shall pertain to such outstanding costs. 9. Any fees that are owing to the Township of Oro - Medonte and that are unpaid are a debt to the Township of Oro - Medonte and, together with all interest and penalties accrued thereupon, may be collected by the Township of Oro - Medonte by action or may be collected by the Township of Oro - Medonte on its behalf or may be collected in like manner as taxes. Inc' - 10. Should any Section, subsection, clause, paragraph or provision of this By -law, including any part of the Schedules to this By -law, be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the By -law as a whole or any part thereof, other than the provision or part of the Schedule so declared to be invalid. 11. That By -laws No. 97 -66, 98 -84, 98 -96, 98 -102, 99 -04, 99 -70, 99.78, 2002.136, 2003 -30, 2004 -32, 2004 -033, 2004 -077 are hereby repealed in their entirety. 12. Any other By -law or part thereof inconsistent with the provisions of this By -law is hereby repealed. 13. That this By -law shall take effect and come into force on the day of its final passing. Read a first and second time this 4'h day of May, 2005. Read a third time and finally passed this 0 day of May, 2005. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE I Mai/ r, J. eil Craig C ark, Mar n Pennycoq SCHEDULE `J' TO BY -LAW NO. 2005 -043 WATER DEFINITIONS For the purpose of this Schedule, 11. "Municipal Water Area" shall mean a subdivision within The Corporation of the Township of Oro - Medonte. 1.2. "Municipal Water Systems" shall include all water works established within the present Township of Oro - Medonte, and shall further include any present or future extensions to the water works under any Act or under an agreement between the Township or its predecessors, but shall not include any private water works which have not been acquired, established, maintained or operated by the Township or its predecessors; 1.3. "Owner" shall mean the assessed owner(s) as identified on the Assessment Roll for taxation purposes during the current year, as amended. 1.4. "Treasurer" shall mean the Treasurer of The Corporation of the Township of Oro - Medonte. 1.5. "Unit" shall mean an assessed or assessable unit within a residential, commercial or industrial building, and shall include an apartment located within a single family dwelling which is serviced by the Township Water System, as permitted under the applicable Zoning By -law. 1.6. "Water Works" means any works for the collection, production, treatment, storage, supply and distribution of water, or any part of such works, but does not include plumbing or other works to which the Ontario Building Code Act and its regulations apply. 2. WATER CHARGES, BILLING AND COLLECTION 2.1. As soon as the water connection installation is approved by the Township Inspector, he shall forthwith turn the water on for owner. The owner will then be charged at the appropriate water rate, as per Schedule V. 22. At the end of September each year, the duly authorized employee shall read, or cause to be read, all meters connected to the Municipal Water System to determine the amount of water used during the year. 2.3. The Treasurer shall calculate water charges to be assessed against each unit in a Municipal Water Area, in accordance with the minimum quarterly charge and rates per cubic meter as set out in Schedule 'J. 2.4. The Treasurer shall, for each calendar quarter, issue bills to each unit based on the applicable water charges. Water bills shall be due and payable not less that twenty -one (21) days from the date of mailing. 2.5. Water payments shall be payable to The Corporation of the Township of Oro - Medonte and may be paid during office hours in person or by mail at the Oro - Medonte Administration Office, 148 Line 7 South, Box 100, Oro, On LOL 2X0, or at most financial institutions. Water payments made at a financial institution shall deemed to be paid on the date shown by the Teller's stamp on the bill stub. The Township shall not be responsible for any applicable service charge payable to the bank. Cheques only can be dropped at the drop boxes located at the Administration Office and Moonstone Fire Hall. Schedule V - Water (cont'd) 2.6. The Treasurer shall impose a ten (10) percent late charge on all unpaid accounts on the day after the due date. 2.7. If an account remains unpaid, the Township may collect amounts payable pursuant to Section 398 of the Municipal Act, 2001, c. 25, as amended. WATER RATES: METERED: RESIDENTIAL OR COMMERCIAL SHANTY BAY - M -66, M -71, M -696 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters HARBOURWOOD - M -118 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters $575.00 /Unit for twelve If 2) Months $143.75 /Unit for three (3) Months $575.00 /Unit for twelve (12) Months $143.75 /Unit for three (3) Months SUGARBUSH - M -8, M -9, M -30, M -31, M -367, M -368 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters CEDARBROOK - M -157 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters $575.00 /Unit for twelve (12) Months $143.75/Unit for three (3) Months $600.00 /Unit for twelve (12) Months $150.00 /Unit for three (3) Months Schedule V— Water (cont'd) CANTERBURY - M -343 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters MAPLEWOOD Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters \Q C, $600.00 /Unit for twelve (12) Months $150.00 /Unit for three (3) Months $575.00 /Unit for twelve (12) Months $143.75 /Unit for three (3) Months HORSESHOE HIGHLANDS - M -391, M -447, M -456 ZONE 11 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters CRAIGHURST - M -510 Based on twelve (I 2) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters WARMINSTER - 309, M -104, M -92 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters $575.00 /Unit for twelve (12) Months $143.75 /Unit for three (3) Months $575.00 /Unit for twelve (12) Months $143.75 /Unit for three (3) Months $575.00 /Unit for twelve (12) Months $143.75/Unit for three (3) Month Period N(- Schedule 'J'— Water (cont'd) SURCHARGE BASED ON TWELVE (12) MONTH PERIOD FOR ALL METERED SYSTEMS EXCEPT CANTERBURY & CEDARBROOK 366 -545 Cubic Meters 546 + Cubic Meters $1.81 /Cubic Meter $1.97 /Cubic Meter SURCHARGE BASED ON TWELVE (12) MONTH PERIOD FOR CANTERBURY & CEDARBROOK 366 -545 Cubic Meters 546 + Cubic Meters FLAT RATE: RESIDENTIAL MEDONTE HILLS - 1650, M -29, M -174 Based on twelve (12) month period Flat Rate Based on three (3) month period Flat Rate $1.89 /Cubic Meter $2.05 /Cubic Meter $575.00 /Unit for twelve (12) Months $143.75/Unit for three (3) Month Period ROBINCREST - M -123, M -101, BACHLY, MOONSTONE PER SCHEDULE "A" BY -LAW 2002 -132 Based on twelve (12) month period Flat Rate Based on three (3) month period Flat Rate SCHOOLS Flat Rate HORSESHOE - ORO 1587 Based on twelve (12) month period Flat Rate Based on three (3) month period Flat Rate $575.00 /Unit for twelve (12) Months $143.75/Unit for three (3) Month Period $ 18.00 /Classroom /Month for twelve (12) Months $575.00 /Unit for twelve (12) Months $143.75 /Unit for three (3) Month Period HORSESHOE - Medonte 1531, M -10, M -11, M -23 Flat Rate $575.00 /Unit for twelve (12) Months Based on three (3) month period Flat Rate PINE RIDGE SKI CLUB Flat Rate (6 units) Flat Rate Commercial $143.75/Unit for three (3) Month Period $3,450.00 for twelve (12) Months $ 862.50 for three (3) Month Period Schedule V— Water (cont'd) MISCELLANEOUS FEES: CONNECTION FEE INSPECTION $200.00 DISCONNECTION AND RECONNECTION CHARGE $ 50.00 Each /6 & -� THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE IdEAe\TIT10i A By -law to Appoint Licensing Officers and to Repeal By -law No. 2004 -114 WHEREAS the Criminal Code (Canada), Section 207, as amended, authorizes the Lieutenant Governor in Council of a province to specify persons or authorities to issue licences for lotteries of a charitable or religious organization; AND WHEREAS the Lieutenant Governor in Council of Ontario did enact Order in Council 2685/93, as amended, authorizing a municipal council to issue licences for specific lottery schemes; AND WHEREAS the Municipal Act, S.O. 2001, c. 25, as amended, authorizes a municipality to issue licences; AND WHEREAS the Municipal Act, S.O. 2001, c. 25, Section 224, as amended, provides that the role of council is to carry out the duties of council under this or any other Act; AND WHEREAS the Municipal Act, S.O. 2001, c. 25, Section 227, as amended provides that the role of officers and employees of the municipality is to carry out other duties assigned by the municipality; AND WHEREAS the Council of the Corporation of the Township of Oro - Medonte does now find it expedient to appoint Licensing Officers to carry out its duties in regard to licensing within the municipality; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. That the Clerk and /or his /her designate(s) are hereby appointed Licensing Officers for the Corporation of the Township of Oro - Medonte. 2. That the duties and responsibilities shall be performed and carried out as provided for within the respective job descriptions. 3. That By -law No. 2004 -114 be repealed in its entirety. 4. That this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST AND SECOND TIME THIS 7T" DAY OF SEPTEMBER, 2005. BY -LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2005. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2005 -087 BEING A BY -LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING HELD ON WEDNESDAY, SEPTEMBER 7, 2005 THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE HEREBY ENACTS AS FOLLOWS: t. THAT the action of the Council at its Council Meeting held on Wednesday, September 7, 2005, and in respect to each Motion, Resolution and other actions passed and taken by the Council at its said Meeting is, except where prior approval of the Ontario Municipal Board is required, hereby adopted, ratified and confirmed. 2. THAT the Mayor and the proper Officials of the Township are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary on behalf of the Council of the Corporation of the Township of Oro - Medonte. And, the Clerk is hereby authorized and directed to affix the corporate seal to all said documents. BY -LAW READ A FIRST AND SECOND TIME THIS 7" DAY OF SEPTEMBER, 2005. BY -LAW READ A THIRD TIME AND FINALLY PASSED THIS 7'" DAY OF SEPTEMBER, 2005. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook