2005-094 To Authorize the Execution of a Cost Responsibility Agreement between the Corporation of the Township of Oro-Medonte and UCCI Consolidated Companies Inc.
~.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2005-094
A By-law to Authorize the Execution of a Cost Responsibility Agreement
between The Corporation of the Township of Oro-Medonte
and UCCI Consolidated Companies Inc.
WHEREAS Section 224 of the Municipal Act, S.O. 2001, c.25, as amended, provides
that the role of Council is to ensure that administrative practices are in place to
implement the decisions of Council;
AND WHEREAS it is the policy of the Township of Oro-Medonte that any cost incurred
on behalf of a proposed development for planning, legal, engineering or other
professional services, be borne by the applicant;
AND WHEREAS UCCI Consolidated Companies Inc. has appealed to the Ontario
Municipal Board with respect to an application to amend the Township's Official Plan
and Zoning By-law regarding lands legally described as Part Lots 27 amend 28,
Concession 5, former Township of Oro, Township of Oro-Medonte;
NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
follows:
1. THAT the Township enter into the Cost Responsibility Agreement attached hereto
as Appendix "An;
2. THAT the Mayor and Clerk are hereby authorized to execute the Cost Responsibility
on behalf of the Corporation of the Township of Oro-Medonte;
3. THAT the attached Appendix "An being the agreement, as well as Schedule "A" to
the agreement, shall form part of this By-Law;
4. THAT this By-Law shall take effect on the final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 21sT DAY OF SEPTEMBER,
2005.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 21sT DAY OF
SEPTEMBER, 2005.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
~.~~
or, J. Neil Craig
If)
^i2.l
Cler ,Ma/:9~'" Penny&ok
,
'.".
Appendix "A" to By-Law No. 2005-094
COST RESPONSIBILITY AGREEMENT
BETWEEN:
UCCI CONSOLIDATED COMPANIES INC.
(hereinafter referred to as the "Owner" of the First Part)
-and-
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
(hereinafter referred to as the "Township" of the Second Part)
WHEREAS on December 21st, 2001 the Owner made an application to amend
the Township's Official Plan ("OP Al 8") to designate lands legally described as Part Lots
27 and 28, Concession 5, former Township of Oro, (the "Subject Land") as
"Recreational" to permit the establishment of an adult lifestyle community and associated
recreational uses (the "Application");
AND WHEREAS on December 21,2001 the Owner made an application for an
implementing amendment to the Township's Zoning by-law;
AND WHEREAS the Township on October 15,2003 adopted by-law 2003-103
which adopts OPA 18 and forwarded it to the County of Simcoe (the "County") for
approval;
AND WHEREAS the Owner has appealed to the Ontario Municipal Board, the
Minister of Municipal Affairs and Housings (being the approval authority) refusal of the
Application on October 1st, 2004;
AND WHEREAS the Owner has appealed to the Ontario Municipal Board, the
County's failure to give notice of a decision with respect to OP A 18;
AND WHEREAS the owners have appealed to the Ontario Municipal Board the
Township's neglect to make a decision on the zoning by-law application;
AND WHEREAS the Township supports the Application;
AND WHEREAS the Ontario Municipal Board has established eight weeks for a
hearing into the above-referenced appeals set to commence on April 3, 2006, the details
of which are more particularly described on the attached Order of the Ontario Municipal
Board dated June 6, 2005 (hereinafter the "Ontario Municipal Board Hearing").
AND WHEREAS it is the policy of the Township that any cost incurred on
behalf of a proposed development for planning, legal, engineering or other professional
services, be borne by the applicant.
NOW THEREFORE THIS AGREEMENT WITNESSETH that in
consideration of the sum of two dollars ($2.00) now paid to the Township by the Owner
(the receipt whereof is hereby acknowledged), the parties hereto agree as follows:
I) THAT in this Agreement:
"Expenses" means all fees and disbursement incurred or to be incurred by
Township employees, outside legal counsel and consultants retained by the
Township in preparing for the Ontario Municipal Board Hearing and any motions,
pre-hearing conferences, mediation sessions, interlocutory court proceedings,
reviews and appeals (collectively the "Ontario Municipal Board Proceedings");
"
2
2)
THAT the Township will participate in the Ontario Municipal Board Proceedings
and support the Application.
THAT the Township shall continue the retainer of the Township's solicitors,
planning consultant and any other witnesses necessary to properly justifY the
Township's position at the Ontario Municipal Board Proceedings.
3)
4)
THAT the Owner shall file an initial deposit with the Township Treasurer in the
amount of $50,000.00, which shall be credited to its account, up to the conclusion
of the Ontario Municipal Board Proceedings.
5)
THAT the Owner shall be responsible for and agree to reimburse the Township
for the Expenses that the Township is billed for in respect of the Ontario
Municipal Board Proceedings.
6)
THAT in the event the Owner's account with the Township falls to $10,000.00 or
less, the Owner shall deposit with the Township a sum sufficient to increase the
balance to $20,000.00 until the conclusion of the Ontario Municipal Board
Proceedings.
7)
THAT as Expenses are incurred for which the Township is responsible in respect
of the Ontario Municipal Board Proceedings:
(a) The Township agrees to keep records of all such Expense;
(b) The Township agrees to provide the Owner on a monthly basis copies of
all invoice received by it in respect of such Expenses, but may black out
any text in such invoices as the Township considers to be privileged; and
(c) The Township shall return to the Owner, the balance of the deposit, ten
(10) days after the last day of the hearing with respect to the Ontario
Municipal Board Proceedings. A new responsibility agreement shall be
entertained as required in the event of an appeal.
8) PROVIDED THAT this agreement shall not be construed as acceptance or
approval by the Township of any advice or direction provided by the Owner with
respect to the Ontario Municipal Board proceedings.
9) PROVIDED FURTHER THAT this Agreement shall not stand in lieu of or
prejudice the rights of the Township to require such further and other agreements
in respect of the owner's Application that the Township may deem necessary.
DATED this 21stdayof September, 2005.
IN WITNESS WHEREOF, the Owner and the Township signed,
Signed, Sealed and Delivered
in the presence of:
OWNER
liCCI CONSOLIDATED COMPANIES INC.
Owner
/~/t-
Per: ANDREA F. UCCI
I have authority to bind the Corporation
Owner:
Per:
I have authority to bind the Corporation
"
.
; '.
3
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
: :ODMA \PCDOCS\DOCS\1876997\1
1457
~
~;;.r-
Ontario
Ontario Municipal Board
Commission des affaires municipales de 1'0ntario
Schedule A to Cost
Responsibility Agreement
,
'ISSUE DATE:
June 6, 2005
.
DECISION/ORDER NO:
PL040993
UCCI Consolidated Companies Inc. has appealed to the Ontario Municipal Board under
subsection 17(36} of the Planning Act, R.S.O. 1990, c. P.13, as amended, from a decision of the
Ministry of Municipal Affairs and Housing to refuse approval of Proposed Amendment No.2 to
the Official Plan for the County of Simcoe to redesignate lands at Part Lots 27 and 28,
Concession 5, former Township of Oro, now the Township of Oro-Medonte to permit the
establishment of an "Adult Lifestyle ComrTlIJnlfY'-- .. -
MMAH File No. 43-0P-4010-002
OMB File No. 0040196 RECEIVED.
Parties
Counsel
JUN 0 8 JOO~
ORO-MEDONTE
TOWNSHIP
APPEARANCES:
UCCI Consolidated Companies Inc.
M. Melling, M. Rea
I.M. Shachter, J. Fortner
D: Wood
Ministry of Municipal Affairs and Housing
West Oro Ratepayers Association Inc.
Township of Oro-Medonte
C.J. Williams
MEMORANDUM OF ORAL DECISION FROM A PREHEARING
CONFERENCE HELD MAY 12, 2005, DELIVERED BY E.
PENDERGRAST AND ORDER OF THE BOARD
This was a second prehearing conference related to appeals by UCCI
Consolidated Companies Inc. (UCCI) regarding an amendment to the County of Simcoe
Official Plan (proposed OPA No.2), an amendment to the Official Plan of the Township
of Oro-Medonte (proposed OPA No. 18) and the Zoning By-law of the Township of Oro-
Medonte.
UCCI is seeking the amendments in order to develop lands at Part Lots 27 and
28, Concession 5, in the former Township of Oro, now the Township of Oro-Medonte
(the Township), for an adult lifestyle community, including a semi-private 18-hole golf
course and other recreational facilities.
~
" .
..
- 2 - PL040993
The Township has adopted proposed OPA No. 18, but has not approved the
related Zoning By-law.
The County has adopted proposed OPA No.2, but the amendment was refused
by the Ministry of Municipal Affairs and Housing (MMAH).
The County has not given a decision on proposed OPA 18.
_This second prehearing was required because it was not possible at the first pre-
hearing, held on March-1, 2005, either to establish an agreed list of issues or to prepare
a draft procedural order. Although it was still not possible to establish a list of issues at
this- second prehearing conference, other procedural matters were resolved on consent
of the parties, including:
.
a process for finalizing an issues list;
.
the date and location of a third pre-hearing conference (Monday, July 25, at
10:00 a.m. at the Board's offices in Toronto);
.
the date and location of the hearing (Monday, April 3, 2006, at 10:00 a.m. in
the Township of Oro-Medonte);
.
the approximate length of the hearing (eight weeks);
.
the possibility that the hearing will proceed in two phases, with fundamental
planning issues to be addressed in Phase 1, and, depending on the outcome
of Phase 1, remaining issues to be addressed in Phase 2;
.
the identification of parties (UCCI, Township of Oro-Medonte, MMAH and
WORA) and participants (Innisfil District Association Inc. and Rescue Lake
Simcoe Coalition Inc.).
In terms of the issues list and the possibility of a two-phase hearing, the parties
agreed that MMAH and WORA will deliver their issues lists to the other parties and
participants on or before June 15. As soon as possible after June 15, all counsel will
meet to determine if agreement can be achieved on (1) a single consolidated issues list
and (2) the advisability of a two-phase hearing. The results of these efforts will be
addressed at the July 25th pre-hearing in Toronto.
- 3 -
PL040993
The parties also agreed that Mr. Melling would prepare a draft procedural order,
circulate it to the other parties, and, with their agreement, email it to the Board, to be
attached to this Memorandum. The Board has received the draft procedural order,
which, as agreed at the second prehearing conference, does not require a meeting of
experts. Agreement on other requirements and associated dates riot discussed at the
second pre-hearing conference but presumably agreed among the parties thereafter are
included in the draft- procedural-order under the heading Requirements Before the
Hearing.
.A-11<39ditional issue ,^,Cl~':?1~e9_~Y_tv1r,_tv1~lIiflg attbeMllY glh p~~-h_E?llring, rel9ted
to the fact that Bill 26 entitles MMAH to declare a provincial interest in a matter before
the Board up to 30 days prior to a hearing. In this regard, Mr. Melling advised the Board
and those present that his client does not concede that the Province has a right to
declare a provincial interest in this matter, and that if a provincial interest is declared, his
client reserves the right to request an adjournment of the hearing now scheduled for
April 3, 2006.
On agreement of the parties, the Board orders that the attached Procedural
Order shall be the Procedural Order for the adjourned pre hearing conference and
hearing regarding the appeals addressed in this Memorandum.
~?i-J
MEMBER
'.
PL040993
Ontario Municipal Board
Commission des afTaires municipaJes de 1'0ntario
UCC) Consolidated Comparues Inc. has appealed to the Ontario Municipal Board under subsection 17(36)
of the Planning Act, R.s.O. 1990, c. 1'.13, as amended, from a decision of the Ministry of Municipal Affairs
and Housing to refuse approval of Proposed Amendment No.2 to the Official Plan for the County of
Simcoe to redesignate lands as Part Lots 27 and 28, Concession 5, former Township of Oro, now the
TownslUp of Or5':l'-1e.:J"-TJ!<:to permit_the eSlaP]js.hme.T!Lof an Adult Lifestyle Community__________
O.M.B. File No. 0040196
UCC) Consolidated Comparues Inc. has appealed to the OntarioM_U11icil'alBo,,~d...'l:".der subsection I 7(1Q)
of the Planning Act, RS.O:I 990;0:- p:r3;-asamended, from the failure of the County of Simcoe to
announce a decision respecting PIOposed Amendment No. 18 to the Official Plan for the TownslUp ofOro-
Medonle
OMB File No. 0040200
UCCI Consolidated Companies Inc. has appealed to the Ontario Municipal Board under subsection 34(1 I)
of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's refusal or neglect to enact a
proposed amendment to Zorung By-law 97.95 of the TownslUp ofOIO-Medonle to rezone lands respecting
Part Lots 27 and 28, Concession 5, former TownslUp of Oro from Environmental Protection and
Agricultural Rural to Environmenul Protection (EP) Zone and AgriculturallRural Exception _ with
Holding Provision (AlRU _ (H) Zone to permit the development of an Adult Lifestyle Community
OMB File No. Z040124
PROCEDURAL ORDER
J. The Board may vary or add to these rules aI any time, either on request or as it sees
fit. It may alter this Order by an oral ruling, or by another written Order.
Organization of the Hearing
2. The hearing will begin on April 3, 2006 at 10:00 a.m. in the Township ofOro-
Medonte. The Township will notifY the Board, parties and participants of the location
of the hearing no later than March 3, 2006. There will be a further pre-hearing
conference on Monday, July 25th at 10:00 a.m. at the Board's Offices, Suite 1500,655
Bay Street, Toronto. No further notice of the hearing or pre-hearing is required.
3. The length of the hearing will be about eight (8) weeks.
1
".
4. The parties and participants identified at the prehearing conference (see Auachment 1
for the meaning of these terms) are listed in At1achrnent 2 to this Order.
5. Any person intending to participate in the hearing should provide a telephone number
to the Board as soon as possible (preferably before the prehearing conference.) Any
such person who will be retaining a representative should advise the other parties and
the Board of the representative's name, address and phone number as soon as
possible.
Requirements Before the Hearing
6. A party who intends to call witnesses, whether by summons or not, shall provide to
'.theBoard,t11e6therpaIties and to the Clerk of the Township alislofthe witnesses
and the order in which they will be called. This list must be delivered on or before
December 2, 2005.
7. Only a party can call or lead professional (expert) evidence and only a party can
cross-examine witnesses called by others. A participant can lead lay evidence and
can make submissions. A party may be subject 10 an award of costs but a participant
is not subject to costs. .
8. All expert witness shall prepare an expert witness staIement which shall list any
reports prepared by the expert, or any other reports or documents to be relied on at the
hearing. Copies of this statement must be provided as in sections 12 and 13. Instead
ofa witness statement, the expert may file his or her entire report ifit contains the
required information. lfthis is noI done, the Board may refuse to hear the expert's
testimony.
9. A participant listed in Attachment 2 that is noI adverse in interesI to UCC1 must
provide 10 the Board and the parties a participant statement on or before January 3,
2006 or the participant may not give oral evidence at the hearing.
10. A participant listed in Attachment 2 that is adverse in interest to UCC1 must provide
to the Board and the parties a participant statement on or before February 2,2006 or
the participmt may-not give oral evidence at the hearing.
11. Expert witnesses who are under summons but not paid to produce a report do not
have to file an expert witness statement; but the party calling them must file a brief
outline of the expert's evidence, as in sections 12 and 13.
2
]2. On or before January 3,2006, UCCl and the Townsmp shall provide copies of their
witness and expert witness slatemenIs to the other parties and to the Clerk of the
Townsmp.
] 3. On or before February 2, 2006, the Ministry and the WORA shall provide copies of.
their witness and expert witness statements to the other parties and to the Clerk ofthe
Townsmp.
]4.UCCl and the Townsmp may reply to-a witness or expert witness statement produced
by the Ministry or WORA provided such reply is provided to all parties and the Clerk
of the Townsmp by no later than March 3, 2006.
] 5. Oil-or before Maren3, 2006;Theparfies-sniillpiovide-copiesof tlieirvisuaJeviaence
to all ofIhe other parties. If a mode] will be used, all parties must have.a reasonable
opportunity to view it before the hearing.
] 6. Parties may provide to all other parties and file with the Clerk a written response to
any written evidence within seven (7) days after the evidence is received.
] 7. A person wishing to change written evidence, including witness statements, must
make a written motion to the Board.
(See Rules 34 and 35 of the Board's Rules, which require that the moving party
provide copies of the motion 10 all other parties 10 days before the Board hears the
motion. )
] 8. A party who provides a witness' written evidence 10 the other parties must have the
wiIness attend lhe hearing to give oral evidence, unless the party notifies the Board at
least seven (7) days before the hearing that the written evidence is not part of their
record.
] 9. The order of evidence aI the hearing shall be as provided in Attachment 3.
20. Documents may be delivered by personal delivery, e-mail, facsimile or registered or
certified mail or otherwise as the Board may direct. The delivery of documents by fax
shall be governed by the Board's Rules 26 - 3] on this subject. Material delivered by
mail shall be deemed to have been received five business days after tbe date of
registration or certification.
2]. No adjournments or delays will be granted before or during the hearing except for
serious hardsmp or illness. The Board's Rules 6] to 65 apply to such requests.
3
22. The Ontario Mumcipal Board file number is to be clearly marked on all documents,
visual, written or otherwise, to be filed with the Board.
Tbis Member is Dot seized.
So orders the Board.
-----~--- .---.--. ._--",--
R.........
E~RA~
Member
4
.._._. .___,_ ___.. .___. _..__.___ _~_.___~_.. .___. ..__..._ __........___...._n......__ .-n'
ATTACHMENT 1
Purpose of the Procedural Order and Meaning of Terms
The Board recommends that the parties meet to discuss this sample Order before the
prehearing conference to try to identify the issues and the process that they want the
Board to order following the conference. The Board will hear the parties' comments
about the contents of the Order at the conference.
Prehearing conferences usually take place only where the hearing is expected to be long
and complicated. If you are not representedbya lawyer, you shouldprepare-by-obtaining
the Guide to the Ontario Mu:rlicipal Board. and the Board's Rules, from the Board
Information Office, 15th Floor, 655 Bay Street, Toronto, M5G lE5, 416-326-6800 or
Toll Free 1-866-887-8820, or from the Board website at www.omb.l?ov.on.ca.
._------~-~---~_._~~.._-_._.._-
Meaning of Terms Used in the Procedural Order
Party is an individual or corporation permitted by the Board to participate fully in the
hearing by receiving copies of written evidence, presenting witnesses, cross-examining
the witnesses of the other parties, and making submissions on all of the evidence. If an
unincorporated group wishes to become a party, it must appoint one person to speak: for
it, and that person must accept the other responsibilities of a party as set out in the Order.
Parties do not have 10 be represented by a lawyer, and may have an agent speak: for them.
The agent must have written authorization from the party.
NOTE thaI a person who wishes to become a party before or at the hearing, and
who did noI requesI this at the prehearing conference, must ask the Board to
pennit this.
Participant is an individual, group or corporation, whether represenIed by a lawyer or
not, who may attend only part of the proceeding but who makes a statement to the Board
on all or some of the issues in the hearing. Such persons may also be identified at the start
of the hearing. The Board will set the lime for hearing these statements.
NOTE that such persons will likely not receive notice of a mediation or
conference calls on procedural issues. They also cannot ask for costs, or review of
a decision as parties can. If a participant does not attend the hearing and only files
a written staIement, the Board will not give it the same attention or weight as
submissions made orally. The reasoD is that parties cannot ask further questions of
a person if they merely file material and do not attend.
Written and Visual Evidence includes all written material, reports, studies, documents,
letters and witness sIatemenIs which a party or participant intends to present as evidence
at the hearing. These must have pages numbered consecutively throughout the entire
document, even if there are tabs or dividers in the material. Visual evidence includes
5
,
phoIographs, maps, videos, models, and overlays which a party or participant intends to
present as evidence at the hearing.
Witness Statement is a short written outline of the person's background, experience and
interest in the matter; a lisI of the issues which he or she will discuss and the witness'
opinions on those issues; and a list ofreports that the witness will rely on at the hearing.
An expert witness statement should include his or her (1) name and address, (2)
qualifications, (3) a list of the issues he or she will address, (4) the witness' opinions on
those issues and the complete reasons for the opinions and (5) a list of reports that the
witness will rely on at the hearing. A participant statement is a short written outline of the
_ person's or group's background, experience and interest in the matter; a list of the issues
which the participant will address and a short outline of the evidence on those issues; and
a list of reports, if any, which the participant will refer to at the hearing.
Additional Information
Summons: A party must ask a Board Member or the senior staff of the Board to issue a
summons. This request musI be made before the time that the list of witnesses is provided
to the Board and the parties (see Rules 4 1 and 42 on the summons procedure.) If the
Board requests it, an affidavit must be provided indicating how the witness' evidence is
relevant to the hearing. If the Board is not saIisfied from the affidavit, it will require that
a motion be heard to decide whether the witness should be summoned.
The order of examination ofwitnesses is usually direct examination, cross-examination
and re-examination in the following way:
. direct examination by the party presenting the witness;
. direct examination by any party of similar interest, in the manner determined by
the Board;
. cross-examination by parties of opposite interest;
. re-examination by the party presenting the witness; or
. another order of examination mutually agreed among the parties or directed by the
Board.
6
'..
ATTACHMENT 2
List of Parties/Participants
Parties
DCCI Consolidated Companies Inc.
TownshipofOro-Medonte
Ministry of Municipal Affairs and Housing
West Oro Ratepayers Association Inc.
Participants
Jnnjsfil District Association Inc.
Rescue Lake Simcoe Coalition Inc.
7
. '.
ATTACHMENT 3
Order of Evidence
I. DCC} Consolidated Companies Inc.
2. Township ofOro-Medonte
.3: Ministry of Municipal Affairs-aiid Housing
4. West Oro Ratepayers Association Inc.
5. Reply by DCC} Consolidated Companies Inc.
8