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10 12 2005 COW Agenda TOWNSHIP OF ORO-MEDONTE COMMITTEE OF THE WHOLE MEETING AGENDA COUNCIL CHAMBERS DATE: WEDNESDAY, OCTOBER 12, 2005 TIME: 9:00 a.m. 1. NOTICE OF ADDITIONS TO AGENDA 2. ADOPTION OF THE AGENDA 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF: - "IN ACCORDANCE WITH THE ACT" 4. DEPUTATIONS: a) 9:00 a.m. Marion Homer, re: Proposed Kennel Application, Line 8 North b) 9:10a.m. Rosemary Mairs, re: Proposed Kennel Application, Line 8 North. 5. CORRESPONDENCE: a) International Joint Commission, correspondence dated September 22, 2005 re: Public Meeting, Great Lakes Water Quality Agreement, November 8, 2005, Midland. b) Ashlynne Dale, correspondence dated September 29,2005, re: Reduction of Speed Limit Request, 4th Line North Between Old Barrie Road and Bass Lake Sideroad. c) Township of Stone Mills, correspondence dated September 19, 2005 re: Resolution Number 13-189-2005, Provincial Policy Statement, Section 2.3.4 Lot Creation and Lot Adjustments [Councillor Crawford]. d) Association of Municipalities of Ontario, correspondence dated October 3, 2005 re: Alert 05/073 Building Code Statute Law Amendment Act, 2002. e) City of Barrie, correspondence dated May 13, 2005 re: City of Barrie Update of Current Official Plan. 6. FINANCE, ADMINISTRATION AND FIRE: a) Report No. TR 2005-19, Paul Gravelle, Treasurer, re: Per-Kilometer Rate. b) Report No. TR 2005-20, Paul Gravelle, Treasurer, re: Statement of Accounts, September, 2005. c) Report No. ADM 2005-49, Marilyn Pennycook, Clerk, re: Removal of Trees on Private Property. d) Report No. ADM 2005-50, Marilyn Pennycook, Clerk, re: Request for Exemption - Warminster Annual Remembrance Day Parade. e) Report No. FD 2005-16, Joe Casey, Director of Fire and Emergency Services,re: Fire Report for Month of August, 2005. f) Report No. PR 2005-08, Chris Carter, Manager of Recreation and Community Services, re: Goose Control at Bayview Memorial Park. g) Report No. PR 2005-09, Chris Carter, Manager of Recreation and Community Services, re: Carley and Warminster Hall. 7. PUBLIC WORKS: a) Report PW 2005-18, Jerry Ball, Public Works Superintendent, re: Line 12 North from Old Barrie Road to Bass Lake Side road - Request for Non-Truck Route. 8. ENGINEERING & ENVIRONMENTAL SERVICES: a) Report No. EES 2005-35, Keith Mathieson, Director of Engineering and Environmental Services, re: Big Cedar (Oro) Residents Association - Water and Wastewater Systems Operations Agreement. b) Report No. EES 2005-36, Keith Mathieson, Director of Engineering and Environmental Services, re: John and Daniele Didzbalis - Site Plan Agreement - Part of Lot 3, Concession 1, Township of South Orillia, Now Oro-Medonte - Being all of PIN #58531- 0358 (Lt) - 103 Bard's Beach Road. 9. BUILDING, PLANNING AND DEVELOPMENT: a) Report No. BD 2005-16, Ron Kolbe, Director of Building and By-Law Enforcement, re: Peacock Request to Temporarily Have Two Residence on Property, Plan 798, Lot 22 being more particularly described as 95 Lakeshore Road East. b) Report No. BD 2005-18, Ron Kolbe, Director of Building and By-Law Enforcement, re: Building Report, September, 2005. c) Report No. PD 2005-054, Bruce Hoppe, Director of Planning, re: Application for Rezoning - Panting. d) Report No. BD 2005-13 (Revised), Ron Kolbe, Director of Building and By-Law Enforcement, re: Trenholm Request to Temporarily Reside in a Mobile Home on Property Plan 780, Lot 8 LF being more particularly described as 17 Eight Mile Point, Township of Oro-Medonte (deferred from September 21,2005). 2 10. IN-CAMERA: a) Jennifer Zieleniewski, CAO, re: Property Matter. b) Jennifer Zieleniewski, CAO, re: Property Matter. c) Jennifer Zieleniewski, CAO, re: Legal Matter. 11. ADJOURNMENT: 3 . . ADDENDUM COMMITTEE OF THE WHOLE MEETING Wednesday, October 12, 2005 5. CORRESPONDENCE: f) Ellen Dennig, correspondence dated October 10, 2005 re: Proposed Kennel Application, Line 8 North. f'l. @ /tj Q ~ ~a..1-1 I U -l)ish;b~g;> ~ _ I, " d. II) ;U? O'?Qtf'i!f. ~ 0- ~~<:I'L /!J2.~ . !3~ Fe /7~)~0 CI K. C" ..44L.- / / ~ /YYL.e~ L I , > - I ~L /.. . o. c b0 /5/1 - / / ! _ '. '-:-"' ./J_.A4---r...v.-- ~ ~ ~t , O--?'>A- ~ ~ ~ ~/ ;;:-_ ~~A;& ~/~-YG . 1 ~ r'- j ~ _ 1",,- 1'7'l'1 ~l ~ ~L- V r ' j f"'~~ -4T C, 3:5 / ,"'Z,L_~, N, ~ ,~~ ~ ~, f'-'.~ ;(]~r 4 _-:04 t) 3 5-1fA4 -,~ ~ ./YUhA 11 ~ / ~ A'-o-w/7'- -- C!~ ~~~ LA ~/ --tr-y CJ ~ - /'}1f?u~ c3. - ~ f- CJrU- C~J ~ , , CfiJ ,.J ~~ ~" ~~, CfCfi .k~3 ~~ / I r~ ~ r"/ ,/.,; ~ ~::(C' _ I ,./0'Y\./yn.J<At~~ ,- r ft.-.-<~ '. ~ ~/ _/h . - ,tv<. 1~ ~ ~~L~ ,ov-e-/L ~O{ tJ 00. 5k ,-<-<..1'''''''' '.j-<-h 7 v ~~ C~ ~ ~ \\C'\-~ - ~~~~~~~~ --k-1.2 ~ ~ ~ jlL!l~d;J ~~ -0u-u:LA ~ --t~c:/' 0. A~~ ~' . ~~~O-~A I~ ~~~. _ I ~~-L/ -7A~ /KJ2 . Gv j~ eYe:! 3 /L~~1.. J ~L~~ CLn 1~ r~ .a~ Xvn 1i~~~~' c~ ~Xh. ~d:t::::;J~, 0~<-' - I ~~: L!~~ ~ ~~, , , / ~~ Go~. /--/ _-AA_/'ZG~ ~h/ ftJ jJ ~~~ ~~ ../Lk ~ #' 033/ ~- , ~/'.~ ~ ~~.=-.J.--c &~~;, uhu..-e~ . U-<L cr-j. /J"Lb~ /' ~ ~. ~ 1- ~ ' I-C~ ../-~ r~ f1, ~L~~ . r:;) ~,.., 'L/L'/ ,l\~ -) ~_ )/vv-r/~~-' ~4, ~cJ ~ r~J.. .~ .~ ~ . ~ ckUJ~~.~ J-~ ~ f) ~ ' {J~/( ~ ., A/7'L d-Ut- -vv. . , -J h- ~ CULfL, crv-e:/~ ftd7 ~_~ ~. .u~ ~ ~." ~ ) ~-~~~~ , , ~'l~ Aa~ ,-:;~ ~ oYt ~ 3 oA-?YL. T~ ~ // -~~J .A.A/~ ~ ~,~ 071. ~t{ ~~../ ~ -jf~ ~~ -u &00-/ ~O:r l-Ji __QJ7_-C171--; ~~ jJ- ~, ~ ,-~.fl/'UL . ~. CLiJ-crl-d ~- c? ()~. ,;;;6~ ~ ~z;t;( ~ ?~/...2h. /YLJL4Y~ ~. .~ . ? ~ fL. 2-000 ~ W I~ ~~. 3:30 ~ ~. I {X/YY1- ?<JU (!)~-I~~ ~~ ~~:d.e7d, ~ -fr ~<JvJi ~~ . --;>1 ,J"L-ts"h'\- . ;:.tcr /-GL I a ~.~. cLc C/L, c ~~.e.. ~ f cO Xu- 1 ~~~~~2t::~ ~~ef1- ~ ~,;r . ,A~~/ ~U--~ =#= ~ . _ C1 ~. . /JrJ.",-,~ 07'L 1t/-eJ /' rffL 1/ '&c~ 0/,a~~r 32- fl 4/.~~ ../~~~~ f . ~~p~~~c~ /-~/ .~ '~1;;t,L. {9~.7 ~ 'o,'Od/r?71, /~/, ~~d A S- ~ . ~JLJL- a/lL~1~ '\0\ - "-\ rF'1 / L/ ). '-\C\ -5 ~~~ ~~~ / ~~~~~. 'iC\-~ October 7,2005 To Whom It May Concern: I am writing this letter to express my support of Marion Homer - Cedarow Kennel's application to own and operate such in the area of Coldwater Township, Ontario. My husband, three children and I are proud owners of two (at one time 3!!) Labrador Retrievers; born and raised to 7.s weeks of age at Cedarow Kennel, Burlington, Ontario. Our relationship with Marion Homer began 9.5 years ago when we purchased our first dog. The decision to add a second and third canine member to the family was, well really very simple! It is a given that purebred Labs have a sound temperament, good health and a social nature. Marion Homer's love for and 15+ years of commitment too the profession of 'breeder'has, to say the least, raised the standards by which healthy and happy Lab puppies become loving, social and loyal members of both families and community special services. Our first experience with Cedarow Kennel was so through and professional, we later entered into a co-ownership / breeding agreement with two of our female dogs. ( . _. four interviews before we were accepted as new parents and then the on site training classes and controlled visitations - all before we could take our puppy home. " !) It was this agreement, which has lasted four litters and thirty-four healthy puppies later; for which Marion has earned my highest level of respect, trust and admiration. I have spent many, many a night and day in her kennel assisting with deliveries and care for all. Under Marion's guidance, I have helped in evaluating both the puppies' development and potential new owners. I have witnessed Marion's dedication, empathy and professionalism on all occasions to do what is best for the mother dog, first and for most, and give her all too each new puppy. I have witnessed her sound judgment in the matters of rejecting 'unsuitable' buyers and I have witnessed her tireless and endless commitment to the 'new families' in their efforts to train and raise their puppy to become good to excellent members of our human society. Marion's extensive years of membership in the licensed Canadian Kennel Association and direct competitive involvement in 'field trials and fly ball' speaks volumes for the obedience training she has invested in her own 'family dogs'. A first time visitor to Cedarow Kennel is greeted by obedient, friendly faces with a wagging tail and a kiss if you please! l\o--) Marion Homer's Cedarow Kennel should be a welcomed new business in any community. \ \ "d rs. Janet Jo1m~on-Lee / 262~ Armom\o'e~cent ~rmgton, Ontano L7M 5Bl 905-336-0330 PS .. do not hesitate to call should you have any questions. -2- OCT 07,2005 13:13 000-000-00000 TO WHOM IT MAY CONCERN 1 have been a professional breeder for over 30 years, Having very high standards, 1 am extremely particular who I allow to bred to my dogs. I have bred dogs from ~Canine Vision, Guide Dogs of Cwada, Special Skills Dogs and the Hearing Ear Dogs of Canada, I have also donated many puppies 10 all ofthes<: organizations, 1 insist on having all clearances re: hip, elbow and eye clearances but my final decision is based on temperament. A Labllldor Retriever is a loving, social, family oriented dog, Over the years I have had the opportunity to service many of Marion Homers females (Cedarow Labllldors) and have always found her dogs to meet all of my l1igh standards, I have visited her facility on many occasions and it is spotless. Her dogs"'" very well mined and she is an excellent example of a dedicated breeder. Sin},~eIY 1,/'; 1/ ';/ic (' Marg k~nniek CASTLEMORE LABRADORS PERM KEG, /1 .& P/,~Je " page 1 \.\ Cl\ 1. Oct-07-05 10:27A Ross Marsden 705-762-1504 P.02 "\.0, - ~ Judy & Ross Marsden J J Edgemore Drive Toronto. ON M8Y lM9 October 7, 2005 To Whom It May 0>ncern; We are writing this letter in support of Marion Homer and Cedarow Kellllels. We have known Marion for more than 11 years. We are the owners of twO Labrador Retrievers bred by Marion at her Burlington kennel. The dogs are nothing short of wonderful! One is I I years old next month; the other is five, Both dogs have delightful dispositions. We were drawn to Marion and her kennel as the result of seeing one of her dogs, Solo, at the Sportsmans show. The dog was so beautiful and well mannered that we became determined to meet tbe breeder and see her operation, We were not disappointed! Tbe kennel was roomy. cleaner than most peoples' homes, well ventilated, and, most importantly, designed tor the safety and well being of its inhabitants One might think tbat Marion did a quick clean-up prior to our arrival but that was not tbe case. On every subsequent visit to her kennels, announced or otherwise, the conditions were the same as on that first visit. One of the things that impressed us most was the special care and attention Marion gave her dogs, From meticulous record keeping of the behaviour of her pups, to love and affection at every turn., one realized that this was no ordinary kennel. We have owned six Labrador Retrievers over the past 41 years. We have seen the kennels of all but one breeder (one of whom was highly renowned and had been breeding Labs since 1928). None of those breeders maintained their kennels as well as does Marion".,.and none provided as much care and attention as does Marion, We consider ourselves very fortunate to have discovered Marion and Cedarow and to have benefited from the joy of owning two of her dogs. She is a credit to her profession and to the community in which she operates, Yours truly, tJ-. /J '~~ oss Marsden '.\v.cl~. v\\e0Lh,-j I , , " ) Judy f'1arsden ,,) 10/07/2005 FRI 8:18 FAX JAYNE AND JOHN RICHARDS 153 Ellwood Crescent, RR3. Bobcaygeon, Ontario, KOM 1AO. Canada. 7057381897 rlchardsJ.ayar@nex1com.net October 6, 2005 Reference for Marion Homer and Cedarow Kennels. To Whom it may concern. We have known Marion Homer since July 1995, when we went to inspect Cedarow Kennels with a view to purchasing a puppy. We were impressed not only with the friendly and loving dogs that greeted us, the clean and organized Kennels, but the way Marion cared for her dogs and assessed whether we would be suitable to own one of her puppies! As we became more acquainted with her and her dogs, we realized the amount of research that goes into the careful way she breeds her dogs, not just for their physical well being but to assure the best temperament you could wish for in a puppy. Marion Homer gives instruction and training to the owners so that her dogs will be well looked after. She holds a meeting 6 months after purchase to address any concerns the owners may have as to the health and training and to inspect the puppies_ Marion is always approachable and ever helpful no matter if the puppy is 9 weeks old or 10 years old. We were so happy with our dog Holly that even though we had been transferred to the U_S.A., we came all the way back from Wilmington, North Carolina for our second dog Candy in 1997. These dogs have great personalities and love people. They are both Pet Therapy dogs visiting Nursing Homes where they have given hours of love and comfort to others. ~ 001/001 '-\0. - \0 1 10/07/2005 FRI 8:19 FAX We can only give a glowing reference to Marion Homer's character, her dogs' temperament and the way she runs Cedarow Kennels. Yours Faithfully, ~\~~l~. 0a.:i~ R.L.ch.c~ Jayne and John Richards. ~ 001/001 '-\0,-\\ 2 10/07/2005 14:03 9056892474 WOODVIEW C C PAGE 01 ,-\OJ-\~ Oct.6,2005 To Whom It May Concern: Rob and I met Marion and her Labs over 10 years ago, The thing we noticed immediately is Marion'S great love for her Labs, She keeps them well trained, well groomed and well loved, We ended up getting a little black Lab called Murphy, She was such a sweet loving girl and people friendly, dog friendly and loved us most of all. We visited Marion through out the next years. Murphy, because she was on a breeding contract had 2 wonderful litters, We so enjoyed being with our grand doggies, We got to meet then again at the puppy reunions, It is amazing how the mother remembers her pups and the way the pups interact with each other, The care Marion gives each litter, each dog is incredulous. Marion immediately responds to our concerns. Once when Murphy got into a bees nest and was in need of help, Who do we phone, Marion and the vet We purchased one of Murphy's grand daughters two years ago. Such a smart dog and so beautiful. She is presently the web site, Emma and Coal had pups in August. Before any dog is chosen for breeding she has to pass 6 levels of testing to see if she is good enough to be a Mother, This illustrates the care and concern Marion show in all aspects of breeding, care of her dogs, responsibility to her clients and kennel atmosphere, We had a wonderful visit with Marion up at Moonstone. Emma so enjoyed playing with the other dogs and the walks in the bush. At all times Marion was aware of where the dogs are, They are allow to be free to play or lie in the sun, but must remain in sight. If Marion cannot see them, she immediately calls them. Marion has such an excellent reputation that Moonstone is very lucky to get Cedarow Labradors, Sincerely, Dale and Rob McLean Signat~~ JJl~~ Nam~n~&~ Address: 59 Horning Road Burlington, Ontario L7R 3X5 Phone # : (905) 689-3395 Please call us for any further information, We'd be pleased to answer any further questions, FROM :ECHLIN INV MGEMT (COTTAGE) FAX NO. :5198856196 Oct, 06 2005 10:25AM P2 4CJ-!J Echlin Investment Management Limited 2338 Hurontario Street Suite 301 Mississauga, Ontario L5B INl (905) 804-1818 Fax (905) 804-1919 e-mail: echlin@interlog.com Telephone Thursday, October 6, 2005 To Whom It May Concern; My husband and I have been acquainted with Marion Homer and her beautiful dogs for more than 12 years. We had the pleasure of meeting one of her puppies on the street where we raised our 3 children. "Tess" was the most gentle, lovely, friendly dog that we had every met. We asked about Tess' background and subsequently made an appointment to meet with the owner of Cedarow Kennels. My husband had been a dog owner all his life but we had not made the commitment to owning a dog since our children had come along. After our visit to Cedarow we knew we had to welcome one of these magnificent dogs into our family. The kennel in Marion's home was pristine, organized and had absolutely no smell or sound of animals. Her dogs were cleaner and better behaved than most humans and they visited back and forth from house to kennel as part of the family (which of course they were). Having passed Marion's rigorous tests to be the adoptive family of one of her animals we chose our puppy. Our "Flame" is the gentlest, sweetest friend anyone could ever imagine. She remained as one of Cedarow's breeding dogs and has produced 36 puppies, and more grand-puppies than I can count. She is retired now and is still the most beautiful dog on earth. Because all of Marion's dogs are so wonderful, sweet, gentle and quiet we couldn't have just one. Eight years ago we decided to keep one of Flame's sons (Elmo) and also to adopt Flame's mother who was retiring from her breeding days. Jasmine was the most gentle, quiet dog anyone could imagine. She loved everybody and everybody loved her. We have enjoyed our 3 Cedarow dogs so much and been very very proud to be their family. A Personal Service Company Providing Investment Counsel and Portfolio Management FROM :ECHLIN INV MGEMT (COTTAGE) FAX NO. :5198856196 Oct. 06 2005 10:25AM P3 ~~ ~ /J Without exception people admire and adore our furry children, Whether strangers on the street or neighbouring kids, everyone wants to pet and hug these beautiful dogs and the dogs respond with calm acceptance, Throughout the 13 years I have know Marion I have found her always to be very approachable and empathetic to the worries and adventures of raising and training puppies. She is a lovely person and a most accomplished and caring dog breeder. She loves dogs but she also very much cares for people, whether they be dog owners or dog neighbours. Her dogs love everybody, but she would never assume that everybody loves her dogs. Cedarow dogs are as well behaved and cared for as any children of the best parents. They are loved, well trained and kept safe from harm. In conclusion I would higWy recommend the acceptance of Cedarow Kennels as a family business in your area. Under no circumstances would there be any negative impact on the neighbourhood. The dogs are friendly, quiet and beautiful and Marion Homer is a thoroughly professional and accomplished breeder. Sincerely yours, rg.~~ Barbie Echlin Oct 07 05 l2:35p Chedoke Animal Hospital 9056483930 p.2 M. C. DeVenne, D.V.M. M. Litman, D.V.M. e~ ANIMAL HOSPITAL , 288 Mohawk Road R.R. 1, Ancaster, Ontario L9G 3K9 (100 yards West of Upper Homing Rd., Hamilton) Telephone 905~64e-4747 ~c, -/5 i I '---r-;; r....J Lc_" / T /llC<./j C.9,le'cZ'-'" j-1",-;..o.,. l-(6Ik.Lr" L6i.5 c.5.k.#<) IJl<:: .10 Lv,-: t<. c... Ie f-? r, <0/. ,-eh ,-e,1 c e f-rs-~ ~ (J 'L.- L) -.!..- (l. 'tA. L" ILJ !Jc c .::.> <-- J ~ ' )., --,----- .,' I v . r -<!r .<. '" -') ,5 <_L _S ' d..J.L.c-l j,~ -t .~ 0 ' (C_ c...C f {7;I /) .':'" s ~( i" sf.. 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'_o,\, _b ,,_ c.<-::" vV-'i-- c,;-- d..--\ do >----'-\ c...+- I~. c;\. L ~L-~ lv 5- r, _ -\. c.;,.J( ). c t:L u>\ --:::r::- 4.. ~ S.Co cL~ ct.-K L) ~ \ '\ \) I [', U---L ().. \i.... tf\.. \.~ c;l(,c'C-( 3 p "-- l:-" Iv... S:>,' -R r 1-c ~~-<; -, V'~ J. ,04f>:J l' _ r :.L l~~,~ 5~J_ b uA L,,-- ~~ , . 'Dl<--> L ,,-c?_ S 5 19 ~ G e- c.e. J!. '-<I ~...-.....;..- l S' (\..o-\- Oct 07 05 12:351" Chedoke Animal Hospital 9056483930 1".3 M. C. DeVenne, D.V.M. M. litman, D.V.M. ~ ANIMAL HOSPITAL 1288 Mohawk Road R.R. 1, Ancaster, Ontario L9G 3K9 (100 yards West of Upper Horning Rd., Hamilton) Telephone 905-64a~4747 V'i./ 10 4.. Lc:/€' t(, /k. 0 ~ ~{ i /,-:;;' ~7 ~ b I? /l-LL-<..cf...e L?t--t..l c1 r .[o6L...-e 0 /' <' -G c; '5 cd --r c' 0 r ^- C /'- S +- e<. 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M. litman, D,V.M, e~ ANIMAL HOSPITAL 1266 Mohawk Road R.R. 1, Ancaster, Ontario L9G 3K9 (100 yards West of Upper Horning Rd., Hamilton) Telephone 905-646-4747 ~c,~/7 T1~1 Lke. aJJ. S Lu -eJ::: l 6 D ,~ e ,3/"- ~ f ~ cJ' L ilJ6.\:- G... clot" S ~"v\ u- -.. 0 ,'-- ~::, l -=-- ~,~ II Q ~ '-C ..::;--<=\ D_v\-S; 0", '-\-c. l"C<-L>-k: r'- CL ;~ ", 2J LL 'c'. c"- .- ~~ l5 ,lS e'-:J ~(Cz:U c.. ,c-d. 0. r'j";--O 4 cL-i:, f # . .1 Cd ~ t S-"".Ii: k.e,;-- e--.. L f' L",-c) ~.r i -'--J a ~ :)' U. r"- .\. G L0 G-r ~ C:> -, c l.J ~ e ,''- 5 ,,-{, J :f:[ Li C.J2 \ - ll' :;<-~_ 1\..e.~c,J -F -<e l -f r <' e += C0/~ ke-+ Ii\':'" -~l \--6 ~ l~-c CL"-Jfu.--- ;L_A 'i lu2.~ '~, D ~~~ [: I <l C e ;- e...L7 I ~- V\\.. - ./;,., lj,z- (j ~ 0 v'''') Friday, October 07, 2005 Jim H, Partridge 192 Line 4 North RR # 1 Shanty Bay LOL 2LO To Whom It May Concern, Marion Homer is a conscientious dog breeder. She is strict about dog obedience and proper protocol when she and her dogs interact with other people. I know she is very concerned about the safety of the dogs and as a result it will be of paramount concern to keep them on her own property to guard against physical damage and/or disease. I, and some of her other relatives, have not been as concerned as she has asked of us, to keep the dogs strictly on her property. In the future, with her plan to live permanently on the 8th ofMedonte, (not using it as a vacation property) and having the keunel there, all of us will try harder to follow her rules. Since she has successfully operated her kennel in residential Burlington, with only a large house lot yard; I know Marion having a kennel in Medonte, will not be a problem for her neighbours, im H. Partridge (705) 487 - 2929 ~c, .)'t; Yq-/l October 7,2005 To Whom it May Concern: Last year I went searching for a breeder from whom I could purchase a dog suitable for a 'service dog.' From the 'Dogs Annual' I found the name of Marion Homer of Cedarow Kennels in Burlington, Ontario. After doing much research, she was highly recommended as the person I should contact. I needed an intelligent dog with a good temperament, with no fear of it becoming aggressive. I went to Mrs. Homer in search of such a dog, She was very receptive to helping me get just the type of dog for my purpose. I was welcomed to her home to view fIrst hand the puppies and their environment. I was totally impressed with the cleanliness and the homelike surroundings for the parents and their puppies, so unlike the boarding kennels that I was expecting. Everything was conducive to producing happy, well-cared for puppies. Mrs. Homer helped me select my puppy and allowed be to visit several times to bond with him prior to his being old enough to take with me. She also taught me great techniques for raising him. My chocolate Lab, Alex, has grown to be everything I could ask for. He is of excellent temperament, in top physical condition, and just a joy to have. I am so proud that at 16 months of age he has passed with flying colors four levels of training. He is indeed a fast learner and at present can respond knowingly to at least thirty words. Wow! Mrs, Homer has maintained contact and is quick willing to hear from me anytime in regard to any questions or concerns about Alex. She even had Alex and all his siblings together for a birthday reunion in June. What a joy to see those seven well-bred dogs and their parents making contact once again in the freedom of her home, I am indeed thrilled with Alex. You can contact me, Jennifer Nash, at 413 Kingston Road, Toronto. My number is 416-402-1424 and I'll be willing to give you more details. If you're interested in these great dogs, Marion Homer is the person to contact. She's the best in providing the best environment and the best care for the crucial weeks of a puppy's life. Jennifer Nash Yc;.;Jb October 7, 2005 To Whom It May Concern: Re: Cedarow Labradors and Marion Homer My husband and I have known Marion for 2 years and were referred to her. In my opinion she is everything a breeder should be, Cedarow is an attribute to the breed with Marion taking great care in the process. She is meticulous, ethical, and considerate, The kennels and property are maintained exceptionally, including good sized kennels for her dogs and consideration for her neighbours, My husband is an experienced hunter, and I am a former veterinarian assistant providing us good backgrounds and experience to assess Cedarow, We trust Marion implicitly and consider her part of our extended family as our dog Luka is in the breeding program, I have acquired much useful information from Marion and would recommend Cedarow to anyone and everyone, Marion is a great support and true to the breed, and we are fortunate to have crossed paths. I may be contacted at work toll free at 1-800-906-7738 extension 6113 in the event any further questions need to be addressed. Sincerely, Tracy Burnett Co-Owner of Cedarow' s Aurora Borealis "Luka" Evelett Chan 88 Kenwell Crescent Barrie, On L4N OA2 October 7, 2005 Township of Oro-Medonte 148 Line 7 South Oro, ON LOL 2XO To Whom It May Concem, I am writing this letter to you in reference to Marian Homer of Cedarow Kennels, I have known Marian Homer for the last seven years as she is a distant relative to me as well as a very close friend, For the time that I have known Marian I have determined that she is a very professional woman who has been running a very successful and reputable dog kennel out of her home in Burlington, I have visited her home on many occasions to visit her kennel as I have two dogs of my own of which Marian had bred. Cedarow Kennels is located In a very prominent neighbourhood of Burlington and the premise is very well maintained and well sulled to not only to her dogs, but also for her surrounding neighbours, Her Labrador Retrievers are renown for not only their obedience but for their amazing temperament Marian is a very passionate woman who takes tremendous pride in her puppies by ensuring that her dogs are going to a good home, Many of people have been tumed down for ownership as a result I understand that Marian Homer is very excited to not only relocate her home to Oro-Medonte but also her dog kennel. I verily believe thet Marian Homer and Cedarow Kennels will not only be an asset to Oro Medonte but will bring added prestige to the township's already stellar reputation, Thank you very much for your time and consideration. Should you have any questions that you would like addressed, please call me at home at (705) 792-1981 or at work (416) 808-4200. Please ask for Police Constable Chan # 7767 of 42 Division, Toronto Police SeNice. Sincerely, Everett Chan lfci';}j 10/07/2005 12:45 415-982-2755 TD SECURITES HR PAGE 02/02 Yc"gd October 7, 2005 Letter of Recommendation Marion Homer - Cedarow Labradors In the fall of2004 I was looking through Dog's Annual for Labrador Retrievers, and came across the Cedarow Labradors advertisement. With not having prior experience as a dog owner, Marion Homer was extremely helpful as I was unsure whether a dog was right for my lifestyle. Marion was very patient and spent a lot of time educating me about dog o\VJ1ership. I visited her home where we discussed dog ownership, Marion provided a realistic assessment of the commitment required, need for inclusion of all family members, time available, size of home and enclosed back-yard etc. Marion introduced me to her O\VJ1 five dogs. They are a group of beautiful, well- mannered and devoted dogs and her interaction with them helped me to decide that I was seeking the right breed for my lifestyle. Marion's facilities are incredibly clean and sanitary and well situated with a separate area for pups and litters, excellent conditions for the breeding of dogs. No hard sell here - and in fact I was interviewed by Marion to assess if! would be a suitable o\VJ1er of one of her dogs, From the period of the 4th to 7th weeks of the litter's age, Marion ran puppy and training classes in her home to educate and prepare the future owners. Not a detail was missed from one-on-one training, to written instructions, a full pedigree history, to a fully detailed photo collage of our pup's life from day one to 7 weeks of age_ We are absolutely thrilled with our dog "Lucy" (now 9 months). She has a very dedicated, loyal and gentle temperament. Our veterinarian even commented that she is an outstanding dog and a real treasure. We are looking forward to the Cedarow puppy reunion being held for our Lucy's litter on Oct 22nd, and in turn also looking forward to the puppy reunion for our 9 week old black Labrador "Coal" who we recently acquired from none other than the outstanding Marion Homer's Cedarow Labrador's, Sincerely, tt){U~ J.#o-~ Brian GJasspoole, Kerry Dunn 1215 Leewood Drive Oakville, ON L6M 3B3 905815-8467 ~c, ~ J J October 6, 2005 I have known Marion Homer since 1991 when she was a founding member of the flyball team (Ballderdashers) of which I am still a member, although she is not. (Flyball is a dog sport, a relay race for dogs,) Marion left the team in 1999. In all those years, all 7 of Marion's dogs that competed were gentle and happy. There were never any temperament problems that led to arguments with other dogs, The last dog with which she competed was a granddaughter of one of the first ones. I have been to Cedarrow kennels and observed that they are clean, The dogs get regular exercise and socializing with both people and other dogs, They take turns living in house and kennel. The puppies are well cared for and usually chubby. Their mothers are never allowed to lose weight and condition while pregnant or in the 7 weeks after the birth that they care for their children, I have recommended Cedarrow kennels to a friend as the place to get a Laborador Retriever puppy that is healthy and well socialized and whose parents have tested negative for any of the genetic disorders that can occur in Laborador retrievers, I work as a computer programmer for Environment Canada at the Canada Centre for Inland Waters in Burlington, and have done so since 1971. Jacqueline Dowell 3984 Powerline Road Lynden, On LOR 1 TO Yq-,~y October 6, 2005 To Whom It May Concern: I am honored to be able to write this letter asa personal reference for Marion Homer, and Cedarow Kennels. I have known Marion Homer, and all of her dogs for over 20 years now, She is an ethical breeder that screens. all of her dogs-for genetic health problems, and more importantly, insists on proper Labrador Retriever temperament All of her dogs are social, outgoing, obedient, and non-aggressive, Virtually all of the pUPI>ies that Cedarow Kennels produces end up in family homes with children, and other pets. Her reputation has been well earned over two decades for having friendly, gentle family companions, In fact, when my brother and sister -in-law wanted a lab puppy for their three children, all under the age often - I sent them to Marion Homer_ I myself have alO month old daugllter and without hesitation visit Cedarow Kennels and allow all of the dogs to interact with my child, I have been to Ms. Homer's place many times - and have always. found it to be. meticulously clean, I am stunned to hear that there is any hesitation in giving her a kennel license, Marion Homer is recommended by' veterinariansTJ:1fofessional trainers,. and by wordcofcmouth as. having the kindest, healthiest dogs available in all of southern Ontario, She has also always generously shared her knowledge and expertise with novice dog owners, and breeders - encouraging all people to be responsible, ethical and honest I believe that her personal advertisements for her dogs have always stated: "" .home-raised puppies, bred for soundness, temperament, intelligence" ,Excellent companion family dogs,. " (Dogs Annual 2005). I would be happy to discuss this further at your convenience, Please feel free to contact me at any time, Sincerely, i'"\ \JMA Lisa Frederick 2497 Snowhill Court Burlington, Ontario L7M 1Y3 (905) 331-2798 ~ ~ecoverCort2J.n~.:. ~V lobI Rec::ei=bl~ M;,::In:!gC!lT'Iem: SolutionS 80-1735 Bayly Street Pickering. Ont;!rio Ll W 3G7 Tel: 905-420-9779 Fox: 905-420-6833 WVl/W.recovercorp.com Vs -db To Whom It May Concern, I have known Marion Homer for more than ten years, In that time I have acquired two Labrador Retreivers. My friend and colleague have also bought two dogs from Marion within the same period, In my experience her dogs are the finest examples of the breed and her practices and approach to the advancement of Labradors in general is centered on sound temperament and intelligence, I have also come to rely on Marion as an indispensable resource for all things Labrador and dogs in general, She is always helpful and will always make time to meet whether on the phone or in person, And although J don't keep in contact as often today as in the past 1 count Marion as one of my friends, I fully endorse Marion and her kennel without reservation and would recommend her to anyone who is looking for a good breeder of loving and loyal Labradors, Please feel free to contact me directly if you require anything further I.. ~ "".:' .;:-i,l. , " i~ ',10, ;' .I!.. ., ,. OCT 07 2005 08:25 FR RSHGROVE P.S. 305 563 7836 TO 13053333366 P.02/02 ~G ~OJiJ October 2005 To Whom It May Concern: I have been fortunate to have Marion Homer, as the breeder of my Labrador Retrievers. I have known Marion since 1992. She was recommended to me then and I have recommended her as a breeder to my friends, who wish to raise a Labrador Retriever as a family member. Marion is a highly responsible breeder of dogs. She cares for the family she is breeding a puppy for. Marion requires interviews with the receiving family before even consenting to allow the family, a puppy. She follows up with expected visits by the family, an afternoon training workshop about the puppy, phone calls, veterinarian visits and a group visit by all after all the dogs have gone home. She has a developed website for potential buyers to view the kennel and the parents of the puppies. Visit www.cedarow.com Her dogs are born into a very clean, well-maintained, orderly kennel. The kennel has openings for the mature dogs to come and go, places for the mother to feed her litter separate from others, plenty of water and nutritional food. Gates and fencing have been erected to tend to all the dogs and puppies, as their needs require, Her kennel allows for much shade and much outdoor time, for the Labs. A large outdoor area allows the mature Labs to interact at will. Marion keeps accurate charts about her litters regarding weight, hips, eyes etc. Owners take home a complete, accurate file about the puppy. Marion also includes photos of the puppy at birth until a few days before the dog goes home. Her adult dogs are well trained and they are very obedient of her calls, signals and teachings. Her success with show Labs is evident with the ribbons and banners she has won at competitions. Marion raises puppies that are friendly, happy, social, loyal, loving and caring to their masters, My first Lab with Marion was a delightful charm and brought me years of happiness in the city and at the cottage. My new puppy, Hannah is following in Heidi's footsteps. It is my pleasure to recommend Marion as a breeder and Cedarow Kennels to persons wishing a Labrador Retriever as a family member. Mike Cummins 2150 Bumhamthorpe Rd. W. Box 67019 Mississauga, ON L5L 5V4 '1Y\. ~ 905-339-8676 905-338-0216 ID.cumminsi@sympatico.ca ** TOTRL PRGE.02 ** Page 10f2 Subj: Date: From: To: Cedarow Kennels and Marion Homer 06/1012005 3:13:46 PM Eastern Daylight Time 'l0 - ()7 To Whom It May Concern. I have known Marion Homer and Cedarow Kennels since 2003, We came upon their ad in the Dogs of Canada magazine and contacted the kennel. We dealt with both Marion and Tom Homer. We were looking for a family pet and were invited to come to their home/kennel to see the pups and parents that resided there, We were pleasantly surprised to see the dogs and the pups interacting with each other and the family, This was very important to us as we have grandchildren and young neighbors, it was critical that the dogs that we choose be friendly and compatible with children and older adults, We were pleased to note, that all the dogs were happy and easy to deal with, well groomed and extremely outgoing, people friendly pets. The kennel itself was immaculate as were the dogs and everything that we had been told to look for in a breeder by the Canadian Kennel Club, we found at Cedar. We spent a lot of time with the Homers and we also had some classes on what to do with our pups when we brought them home, which, although we had previously had dogs, we found to be extremely informative, Our two Labradors, one chocolate and one yellow are now nearing the two year mark, They are wonderful dogs, gentle,playful.healthy and happy, Fabulous personalities, which my vet maintains is from careful selection of parents for breeding,We have had many many compliments, not only on their looks but on their demeanor. They are happy to be trained and can complete a multitude of tasks for us, Our puppy school trainer mentioned that they would be excellent dogs to take to visit at old age homes, or as therapy dogs, We couldn't be happier with them and with the ongoing support we have received from Marion, Marion Homer is truly a wonderful person, and an excellent kennel owner. We have recommended them to our friends who are looking at adding a Labrador to their families. I would not hesitate to recommend her kennel to anyone, Please feel free to contact me at the number below or at this email address, Yours truly, Helen F, Shipley 893 Upper Ottawa St. Hamilton,Ont. L8T 3V4 email: Please feel free to contact me at the number below, if you have any questions October 6, 2005 AOL: Cedarow October 6, 2005 Y~,;)g To Whom It May Concern: RE: Cedarow Kennels I am delighted to serve as a reference for Marion Homer and Cedarow Kennels. I have known Marion for over four years and have had the privilege of co-owning a beautiful chocolate lab with her since March of 2002. Upon my first visit to her kennel I was so impressed with the cleanliness and organization of her operation; the amazing temperament, disposition, and obedience of her dogs; and her passion for and knowledge of the breed that I immediately put down a deposit for one of her puppies. Through co-ownership and breeding of our dog, Tokaji, I witnessed first hand the extreme level of dedication and care that Marion extends to her dogs and their owners. Marion is very approachable and responsive to her owners needs. She is always available if you have a question and she provides comprehensive training before you take your puppy home. Marion is a seasoned breeder who fosters successful and long-term relationships with her clients. If you purchase a Labrador from Cedarow Kennels you purchase a friend for life! We now have two of Marion's labs and they are an integral part of our family. Many friends compliment them on their beautiful appearance as well as their lovely temperament. All of her dogs are sweet and non-aggressive. Our children just love visiting Marion and her kennel to see "Marion's dogs". Her dogs are warm, friendly and incredibly well trained. I have also had the pleasure of participating in two of Cedarow's "puppy reunions" which have only served to reinforce the quality and temperament of Marion's dogs, I wholeheartedly recommend and support Marion Homer as a breeder and as a business professional. Cedarow Kennels is a quality operation that combines professional breeding with a warm family-style approach where soundness and temperament truly are most important! Should you have any questions regarding this reference I welcome your phone call. I can be reached at 905- 469-1589. Sincerely, Carol Mason Page 1 of 1 Subj: Date: From: To: Letter of Recommendation 06/1012005 9:41 :34 PM Eastern Daylight Time ~c, - ;)9 Hilda Brown 470 Mohawk Road East Hamilton, ON (905) 575-5358 To Whom It May Concern: I met Marion Homer from an ad in the magazine, "Dogs Annual in Canada." I decided to email Marion one day and she returned my email promptly. I called her on the telephone and we scheduled a date to meet in person and to view her kennels. When I went to Marion's house, I did not realize that she had any dogs in her house, due to the fact that there was absolutely no odour of any dogs present. After informing me more about her dogs, she allowed my husband and I to go into the nursery where she had two litters of pups. We could not believe how clean and well organized Marion's home and kennels were. After seeing the pups, Marion showed us the pedigrees of both parents. Along with the certificates of the hips, elbows and eyes of each parent. We discussed about the breed and we were informed that after having our dog for approximately 4 to 6 months, we would be invited back to her home for a "puppy reunion." Marion explained to us that all the litter mates would reunite with their parents and where she can obverse the dogs health and their temperament. We were then honoured to be accepted in purchasing one of her pups, as she is very strict and detailed on who the owners shall be. Marion's dogs are very gentle, well behaved, and I have never witnessed them in an aggressive manner. After several visits, we were able to pick out the puppy that we desired, as it was hard to choose since they all had the same temperament. Marion then notified us when the first vaccinations were and asked if we would like to attend, We appreciated the invite and were thrilled to be involved, The following week we loaded the puppies in two separate cages and proceeded to the veterinarian, The following day we picked up our pup and headed home. Just before we left, Marion gave me a list of phone numbers where she can be reached at anytime if we had any emergencies or concerns, Since we enjoyed our first experience and the quality from Cedarow Kennels, my husband and I decided to get another Labrador Retriever. Our first dog from Cedarow Kennels was a black Labrador Retriever named Abby who turned out to be a very gentle and an obedient companion. Just recently we purchased a yellow Labrador Retriever and again it was a pleasure dealing with Marion, I have always said, "If you want to know what a breeder should be like, I personally recommend Marion Homer from Cedarow Kennels," Yours truly, Hilda Brown October 6, 2005 AOL: Cedarow Page 1 of 1 Subj: Date: From: To: Letter of Reference 06/1012005 7:16:02 PM Eastern Daylight Time 1CJ - TO Dear Marion: We received your message just as we were leaving for the airport so we hope the following will be adequate, You may have to reformat it as this Blackberry is somewhat limiting in its formating capabilities. I am sure you will have no difficulty with your licence application. Margaret TO WHOM IT MAY CONCERN Re - Letter of Reference for Marion Homer, Cedarow Kennels, We have known Marion Homer for nearly 10 years and have always found her to be a most approachable, reliable and responsible person. Marion takes her breeding responsibilities very seriously, not only ensuring that her dogs are of excellent quality but also ensuring that they go to good homes, We have two of Marion's dogs and each time we have been most impressed by her caring attitude towards her puppies and in her follow-through. We have visited many breeders in southern Ontario and found no other that cares for their dogs the way Marion does. She really does raise her. puppies in a true loving home atmosphere, The six month reunions that she holds are also a nice touch and again indicates that she is really interested in her dogs We have absolutely no hesitation in providing this reference in support of Marion's kennel licence application Margaret and John Lawrence October 6, 2005 AOL: Cedarow October 5, 2005 Yq-1j 500 Forestwood Crescent Burlington, Ontario L7L 4J9 (905) 333-0789 To Whom It May Concern: Marion Homer has asked me to write a letter of reference for her application for her kennel licence, I have known Marion for four years; I purchased a lab from her. I was impressed with the delightful temperament of all her dogs, and their excellent quality of life, After researching various breeders, I knew that she was the one for me. Over the years, I have assisted her from time to time and am therefore very familiar with her operation of her kennel. I have come to regard Marion as one of the most responsible and conscientious dog breeders. This is why I enjoy assisting her with her kennel operations; for her it is a "labour oflove", a true vocation, and not some money-making venture, Moreover, she is very intent on keeping her kennel "neighbourhood-friendly" and clean, In my capacity as her assistant, I can truly comment on this. When I first visited her 52 acre home in Moonstone, I envisioned a herd of labradors running rampant throughout the brush; I anticipated barking pack animals running wild and free; I expected the end of peace. Then I experienced the reality, Marion set out the ground rules: The labs had to be supervised at all times when they were outside, They knew their perimeters; they would not wander aimlessly through the forests. Unlike Marion who is noted for her excellent control of her dogs, I am "obedience training"challenged. Under my supervision, wouldn't the dogs just run away? Not these dogs. To my relief, when I took the Cedarow dogs for a lengthy walk along the trails, they instinctively stayed close, within range, No incessant barking allowed! (Exceptions will be made if Marion's life is threatened by an intruder.) Instilling excellent behavior and temperaments in her dogs is one of her priorities, Let me just say, that I was completely impressed with the organization and order she created among a group of labradors while still creating an atmosphere of affection and warmth, Marion Homer has earned a solid reputation for establishing integrity in her breeding lines, But even more importantly for the community, she has maintained a very "neighbourhood-friendly" kennel for 14 years in Burlington, and I hope her wish to do the same in your neighbourhood is realized. Sincerely, l~ j 1 w'-;::t I V /(1 I / ! L.--V"t-~...._~ Mary Nardi OCT, -07' 05(WED) 07: 17 BASE HOSPITAL- TEL:905 637 7601 Hunter and Ann Wilson 1293 Devon Road, Oakville, ON L6.} 2L 7 9058455383 (ee11289 2591509) October 6, 2005 RE: Marion Homer / Cedarow Labrador$ Please aeccptthis letter as both reference and support of Marion Homer in her application for continued breeding of Labrador Retrievers. We were referred to Marion five years ago during our search for a credible Labrador Breeder. Marion immediately impressed us as a conscientious breeder, through her detailed interview and selection criteria she uses for the recipients of her puppies. Through direct involvement in her breeding process (insemination and whelping), wc observed Marion's high standard$ of kennel cleanliness, disinfection and care. Marion has a large foundation of knowledgc both experiential and medical related to Labrador Retrievers which enables her to provide the highest level of care for both the bitch and puppies, We both fully support Marion as an ethical and caring brceder and look forward to future litters v;ith her kennel. Sincerely, ~~~ M. Ann Wilson dL-- Hunter K, Wilson p, 002 y~ ,7J 10/06/2005 06:05 9053379980 ROBYN SEYMOUR PAGE 01 Yc, - J 3 October 6, 2005 Fax: (905) 333-9366 To whom it may concem, Re; Marion Homer Please accept this letter as a ll'ibute to M:arion Homer, a truly amazing lady! I had the pleasure of meetil1!: Marion in May of 1his year when looking to add a new member to my fumily, a male Yellow Lib, Not only was she inte1Viewing me, but also I was interviewing her. I wanted to ensure that t:l y new family member was of a good breed of parents/grandparents and came from a loving/carilH home, I was not looking fur a show dog, I wanted a best friend, Marion's warm smile welcouli,d me into her home. She was vety professional and knowledgeable about her dogs but her heart ;! what made me smile. She has this sense of warmth about her that makes you feel like you are ill the right place. After speaking with her, you know you are where you are supposed to be in order to get your ''best'' friend. She showed me so many photos of parents/gl3Ildparents. She wal' proud of her "fumily", For having dogs in her hOITI', the place was immaculate. Several "mommies" and "lddlets" gre,eted me. She loves them !l) much and they are so well behaved. I liked that _ these were animals not meant for breedin:! only - they were loved, My shoes were takcn off at the front door and hands were washed immdiately - have to keep the dogs safe, l'vlarion and I shared stories about her dogs and my previe'lls pets that had since passed. She was interested, I could see that she wanted to get to know "me" just as much as I wanted to get to know her, We had an immediate connection, Her dogs are heautifhl. I meal' really beautiful. Well-behaved. I knew that she was the breeder ror me - I wanted one of her r"ppies. I fitst met Tessa the mom, she approved of me as I got a kiss, Then" I got to see the predous pups and naturally fell in love. Again, I washed my hands, I was very impressed that Mari'l" cared so much about the dogs' he<llth and followed through, I was allowed to cuddle for a m(,ment alone - just me, Tessa and the puppies. I still remember how it made me feel. Loved. Just Cl<:lctly like when I walked through the door of Marion 's home. In closing, Marion does sometl,\ ng special for you and your new "family" member that r have to share "vith you - you receive a' puppy portfolio" of your puppy. This includes photos throughout your puppy's birth and first stai~:es, the mom and dad and of the entire litter, It is that !ittle elCtm special tidbit that separates Mal~ on from the rest. Well that, and the fact that she truly IS a lovmg "dog-breeder". ,:'/ / ,.A./r Robyn Seymo & LOGAN 2065 Amherst Heights Court, {X27 Burlington, ON, L7P 4R.8 OCT 06 '05 20:15 FR MUMC 4C 905 527 3928 TO 905333~3bb 1"".1Cl'::: !7J ytS ~(>,- Jy / ('}..!.-I-" . lor. 12//"",,,,"~' ~ ~, .2 /~ ~ jr~~ ~ f. ;t;( L./ r ,-..... fl- /-... 1<- .;~ ~;;P: ~ f~r- +d./. Ri~+~~~ .:, -r ~ ~ -~.~. ~ ~ -rUt. ?7'~ '" 4 ~~ tz"...) .Jh~' k..- ~ 1''- z~ ,17 ,~~ ~,--U'~ ?~~~,~~ ~ ~ jr.~ ~.1p",/~~ ~ bdrr /~'~ 7~7L'V.~ {J, ' ., ' tUl"fk. d.r~.~~~~~~ y~~ ;11~ ~_-di~-.L ~f~~~' . " ~'l'~ M <r-- ~ ~ -,v,~'~ T7 & ~ ~ -.d R~, ~~r~~ ~ w~ ~ ~ ~ a-.~. ~';:t;~ CDrr~', 4~ :J9o-f' ~ /c-I /;f c2-, ~ ,!.~~ / 70 ** TOTAL PAGE.02 ** ~Cj- 55 (~oku~' ~o5 J;yQL) ci>~ / ;r(~ .~A04.~~~'~~ l' J!)Wti. W/LfU /O-'1.ftL0 ~ CfI{d ~ k dvr l?tuI-t ~4V 2vdt ffihud. 9f(~ ArM ~~ ~~ <M::J- l!-f.t olD 'f' ~ ~L JteA.~ ~ ~ fJiu,r~ LLo. ~ JljI\' ~o~ / /1Jw<~;~ LkJ. ~~J~u<-, it ~~G Jru,n ~ wlUAL '-fb;~ff'f'. (JlUlW .. SQ;t)# ::lv 13 (l{oh/GuJ ffa;d B" " . T~ VItI: 905 - 333- jlj()5 OCT-03-2005 16:16 ORO MEDONTE TWP 1 705 487 0133 P.08 . fnt'llt[-fM Gt::J'1-.:p::~ ' ~s- J(, Apri121, 2005 To Whom It May Concern, , Cedarow Kennel has been operating in our immediate neighbourhood at 247:Malvem" Road, Burlington, since 1989, During this time, we have never experienced excessive noise, odour, or r",lated:problems as a resuit of the kennel's operation. ' , We therefor,e refer Cedarow Kennel as a responsible and reputable business operation. , ' Sincerely, -"=l --'" c.. ,- '~ . . "7': o'~___ ~hf.----t!~l..-<1 ~"k- /~. ],han Robinson " / 239 alvem Road ' ( Burr gton, Ontario < L lB6 (905) 632-3377 '!,.k>i 0) o z <( co en z Q en en :I:W ~~ 00 z (,) ;= Z 0 W WI~ z W ,- -~ ... ....I at.., IOZ ..... W i!o ..... ..... ,,\l) t- ~ {~ CO (,) ;: ~ ....I ~ ~ ~ 10 ;:.ilI ~'" r--II: O>~ ..,.... i! i ie ... L_ Site Plan SHOWING PROPOSED ADDITION TO BRICK DWELLING (MUN.No. 6331 8TH LINE NORTH ) Il8NO .. PART 1 51R-28936 Il8NO THE SIW 1/4 OF LOT 22 CONCESSION 9 ......- Township otMedonte -...... Township otOro- Medonte "Scale l' = 200' plan no. 51 R-28II3Il N 58"07'E 904.44' ENLARGEMENT not to scale PART 1 '33()' PLAN 51 R-28936 ExIsting Dwelling 33()' io 0> .., South-West comer of Lot 22 Con. 9 N58011'4O"E 998.44' plan no. 51R-2893Il pIan8 by lOll --==C: 50 ~ '-.J 2005, ~ Deputation by Rosemary Mairs, 6328 Line 8 North, Oro-Medonte Township, f /~ 16) -I ~'s-AJMkd @ ~ e.v ()dl;ZA~ f Meeting of the Committee of the whole, Township Offices, October 12,2005. Re: Application for license for a dog kennel at #6331 Line 8 North, I would like to state, first of all, that I am not opposed in principle to a dog kennel across from my property, but I do have concerns first about the above application with regard to the proper containment of the dogs and their supervision, It is my understanding that the application for license comes under the category of a commercial set.up which entails cordoning off an area and containing the dogs within that area with their own facilities.. I know that Mrs. Homer is concerned about the dogs containment as well, as when she first bought the property her first priority was to erect a fence around the entire 51 acres and I commend her for that. This fence, however, does not keep the dogs on her property all of the time despite her best efforts. They have wandered up my driveway at least half a dozen times, This would not be concerning in itself, as most of us along the road are happy dog owners ourselves - however, in my experience, the Homer dogs, when loose and especially when in an established pack are not friendly, Secondly, because the dogs run together in a pack up to the fence whenever any person or other animal approaches, myself and other neighbours have (to avoid being lunged at and in case the dogs jump over the fence) changed our habits of walking past the driveway of the Homers. I understand from Mrs, Homer that the operation could expand into 20 or 30 dogs (including puppies). Mrs, Homer states in her advertising that she does not have "kennel" dogs, which suggests to me to mean she distinguishes her operation by allowing her dogs to have the freedom of the total acreage and the house, Short of creating kennels, I am hopeful that perhaps there are other steps that would be taken to better keep the dogs within her property. My first concern is for the safety of persons when the dogs escape, as loose dogs, especially in an established pack, may become aggressive and unfriendly, or pose a potential threat to wildlife, Under the Provincial Wildlife Conservation Act, a regulation states that dogs shall not be permitted to run at large in an area occupied by wildlife. This has been proven a successful case law, My property and all properties surrounding it are all part of the larger Sturgeon River Valley Eco-System which provides lowlaud and upland wildlife habitat. We do our best to ensure diverse, sustainable forest - with good quality mixed wildlife habitat. We are located next to the County Forest which abuts a large, private tract ofIand which also serves as a part ofthe wildlife habitat. I am a registered member under the MFTlP program and as such are obliged to protect the sustainability and bio-diversity essential to the protection of the larger eco-system and its contribution to the surrounding community and the water quality of Severn Sound. May I add that should the proliferation of dog kennels in this Township continue (we have two on this Line now) it poses a real danger to our wildlifu by continuing to narrow its usual habitat. There are other concerns which neighbours have asked me to air. These are as follows: L The number of dogs - is the proposed license to be restrictive in respect to the maximum number of dogs? 2. Regarding the proposed license - will training andlor boarding of dogs for clients be allowed? 3. Are regular inspections automatically in place, and if so, by whom and how often? 4. The run-off in spring and full- reo water wells (both dug and drilled) what is the possibility of contamination should the kennel be allowed? 5. What is the result ifnoise restrictions in accordance with the by-law. are not adhered to? , 4b-J In conclusion, I would like to emphasize that the dogs have landed on my property at least half a dozen times in my recollection. This would ordinarily not be a problem except the dogs when loose were not friendly. I object to the fuct that I have had to change my habits regarding walking on the road, as I feel intimidated by a group of dogs charging for the fence whenever I approach on the road. In winter, there are no other alternatives for walking other than on the road, and walking is about the only means for outdoor exercise for people of my age, The regulation under the Ontario Wildlife Conservation Act, and the potential harassment caused to wildlife by dogs, and this area being part of the larger Sturgeon River Valley Eco-system is a concern as well. Therefore, I am asking that the Townsbip, when considering the granting of a kennel license, that tbey also consider it be conditional upon improvements and/or restrictions on the containment and supervision of the dogs. Sincerely, Rosemary Mairs. c,c. Peter W. Gill, B.Sc.F., RP.F. Forestry and Landscape Consultant. c,c. Conservation Ontario c,c. Ministry of Natural Resources. International cloint Commission Canada and United States MEDIA RELEASE For release: September 22, 2005 Commission mixte internationale Canada et Etats-Unis 5C\ - \ IJC to hold 14 public meetings on the future of the Great Lakes Water Quality Agreement The International Joint Commission (IJe) is inviting the public to a series of meetings in 14 cities across the Great Lakes and St. Lawrence River basin in Canada and the United States in October and November. Participants will be asked to express their views on what needs to be done to protect water quality in their communities and on the future of the Great Lakes Water Quality Agreement between the two countries. The IJC will report these views to the two govern ments. First signed in 1972 and last amended nearly 20 years ago, the Water Quality Agreement outlines the commitment of each country to restore and maintain the chemical, physical and biological integrity of the waters of the Great Lakes basin ecosystem, including the international portion of the St. Lawrence River. It has resulted in cooperation between the United States and Canada to limit the discharge of nutrients and toxic substances into the waters, restore degraded areas and undertake other joint activities designed to improve water quality. The two governments will launch a review of the Agreement's operation and effectiveness in early 2006 and have asked the IJC to consult residents about how it has worked so far and whether it should be changed. "Governments don't live on the Great Lakes, fish on the Great Lakes or drink water from the Great Lakes- people do," said U.S. Section Chair Dennis Schornack. "That's why it's so important for a broad diversity of , people on both sides of the border to speak up and help the governments set priorities and develop new initiatives to restere a01d sustain a healthy Great Lakes ecosystem." "This is the public's opportunity to tell the governments what they should consider in their review of the Agreement," said the Rt. Hon. Herb Gray, Chair of the IJC's Canadian Section. "This review will likely set the agenda for cooperation between our two countries on the health of the Great Lakes for the next generation. " The UC's 14 public meetings will take place at the times and locations listed below. For those who cannot attend, the UC will also conduct a Web Dialogue and accept written and oral submissions until November 30, 2005. For more information, call toll-free at 1 866813-0642 or visit www.iic.org/glconsultations. ~ Monday, October 17 at 7 p.m. Montreal, Quebec City Hall 275 Notre-Dame Street East Tuesday, October 25 at 7 p.m. Thunder Bay, Ontario City Hall, 500 Donald Street East Tuesday, November 1 at 7 p.m. Bay City, Michigan City Hall, 301 Washington Avenue Wednesday, November 2 at 7 p.m. Chicago, Illinois Phelps Auditorium, Shedd Aquarium 1200 South Lake Shore Drive Wednesday, November 2 at 7 p.m. Windsor, Ontario Cleary International Centre 201 Riverside Drive West Tuesday, November 8 at 7 p.m. Quebec City, Quebec City Hall, 2 rue des Jardins Wednesday, November 9 at 7 p.m. Toronto, Ontario City Hall 100 Queen Street West Page 3 of 4 Monday, October 24 at 7 p.m. Duluth, Minnesota Central Hillside Community Center 12 East 4th Street Thursday, October 27 at 7 p.m. Sault Ste Marie, Ontario City Council Chamber, Civic Centre, 99 Foster Drive Tuesday, November 1 at 7 p.m. Green Bay, Wisconsin KI Convention Center, 333 Main Street Wednesday, November 2 at 3 p.m. Detroit, Michigan Detroit Regional Chamber of Commerce One Woodward Avenue, Suite 1900 Thursday, November 3, at 7 p.m. Cleveland, Ohio the Rotunda of City Hall 601 Lakeside Avenue Tuesday, November 8 at 7 p.m. Midland, Ontario Council Chambers 575 Dominion Avenue Thursday, November 10 at 7:30 p.m. Rochester, New York City Council Chambers City Hall, 30 Church Street Comments may also be submitted in writing or by telephone until November 30, 2005: Contribute online ww\y,jjj:.orq/glconsultatio_n~ Call toll-free (866) 813-0642 (613) 993-5583 Fax International Joint Commission Great Lakes Regional Office 100 Ouellette Ave., 8th Floor Windsor, ON N9A 6T3 Canada Write Contacts Paula Fedeski-Koundakjian Ottawa Frank Bevacqua Washington 10/312005 or P.O. Box 32869 Detroit, MI 48232 United States (613) 995-0088 (202) 736-9024 t;b -I BEe -0 Ashlynne V. Dale, BA, LL.B. OCT 0 3 2005 ORO-MEOONTE TOWNSHIP September 29, 2005 FACSIMILE Original to follow by REGULAR MAIL Mayor Neil Craig and Council of Oro-Medonte Township 148 ih Line South P.O. Box 100 Oro-Medonte. Ontario LOL 2XO Attention: Mavor Neil Craiq and Council Dear Sirs, Re: Reduction of Speed Limit to 50 km/h 4th Line North - Between Old Barrie Road and Bass Lake Side road Further to my letter dated May 9, 2005. I write, once again, on behalf of the concerned residents of the 4th Line North between Old Barrie Road and Bass Lake Sideroad. By way of reminder, virtually all of the residents along this stretch of road. and many of the surrounding residents that habitually travel it, requested that you reduce the speed limit to 50 km/h. .1".5 anticipated. paving the road has resulted in a marked increase in traffic volume and dangerous speeding. Currently. the speed limit along this stretch is 80 km/h. Insanely, people drive well in excess of 80 km/h. All of the signatories to the petition attached to my May 9, 2005 letter travel this road every day. They understand that this section of the 4th Line is very hilly. The driver cannot see what - or who - is just over the rise. We have children and pets. We drive slow-moving tractors and farm vehicles. We ride horses and walk our dogs. We forewarned you that "Any speed above 50km/h along this section of road is dangerous and will inevitably result in tragedy", and asked that you "Please help 2431 4rH LINE NORTH. RR # 1 . SHANTf BAY, ONTARIO. LOL 2LO. TEL. 705"733-5002. FAX 705-689-1982 -2- n 'Jb- September 29, 2005 avert tragedy. Please help us be safe. Please reduce the speed limit along our road to 50 km/h." You are too late for one motorist. On August 19, 2005, a driver lost control and impacted a tree with such force that he had to be evacuated by helicopter. Please don't allow another tragedy to happen. Please act now. Reducing the speed limit will cost the township nothing, but it may save a life. How much is that worth? Sinc~, ~ J /1 I 1// /) J~cjcJuJIUJL Ashlynne v. Die, BA. LLB ' On behalf of all the concerned residents of the 4th Line North AVD.! 2431 4TH liNE NORTH, R.R. #1 . SHANTY BAY, ONTARiO. LOL 2LO. TEL 705"733-5002. FAX 705--689"1982 THE CORPORATION OFTHE Sb-3 TOWN8fIIP -&~Of7becdvW 148 Line 7 5.. Box 100 Oro, Ontario LOL 2XO Phone (7051487-2171 Fax (705) 487-0133 www.oro-medonte.ca October 6, 2005 Ms. Ashlynne V. Dale 2431 Line 4 North R. R. #1 SHANTY BAY, Ontario LOL 2LO Re: Speed Limit Reduction Request Line 4 North between Old Barrie Road and Bass Lake Sideroad Dear Ms. Dale: Further to your correspondence dated May 9, 2005 with respect to the above-noted matter, the following resolution was recommended at the Cornmittee of the Whole meeting held on September 14, 2005: "It is recommended that: 1. Report No. PW2005-12, Jerry Ball, Public Works Superintendent, re: Speed Limit Reduction - Line 4 North, between Old Barrie Road and Bass Lake Sideroad, be received and adopted. 2. That the existing speed limit of 80 km/h on Line 4 North, between Old Barrie Road and Bass Lake Sideroad, remain status quo. 3. And Further that the Public Works Superintendent advises Ms. Ashlynne Dale and the residents along Line 4 North of Council's decision." I have enclosed a copy of Report No. PW2005-12 for your information, which I feel is self-explanatory and respectfully request you advise the residents along Line 4 North of Council's decision. Trusting this has addressed your concerns. Yours truly, TOWNSHIP OF ORO-MEDONTE ~ Jerry Ball Public Works Superintendent cc: Mayor and Members of Council C)c .( tR::k;rA <::;. / . ~--1' V ~f.-.. . . TOWNSHIP OF STONE MILLS #4504 County Rd. 4, Centreville, Ontario KOK 1 NO OTel. (613) 378-2475 0 Fax. (613) 378-0033 E-mail Address:caoclerk@stonemills.com I Date September 19, 2005 I Resolution Number 13-189-2005 RESOLUTION OF COUNCIL Moved by: Seconded by: Councillor Albert Jelle Councillor Dou las Davison WHEREAS the Province of Ontario saw fit to pass legislation in November 2004 with respect to taking steps toward the goal of an effective and accountable land-use planning system; AND WHEREAS the Provincial Policy Statement, as amended by the Strong Communities (Planning Amendment) Act, 2004 came into effect March 1, 2005 with the provincial goal of creating strong communities and enhancing the quality of life for the citizens of Ontario by providing for appropriate development while protecting resources of provincial interest; AND WHEREAS in accordance with Section 3 of the Planning Act a decision of the council of a municipality, a local board, a planning board, a minister of the Crown and a ministry, board, commission or agency of the government including the Municipal Board, in respect of the exercise of any authority that affects a planning matter, shall be consistent with this Provincial Policy Statement; AND WHEREAS contained within the Provincial Policy Statement, Section 2.3.4 Lot Creation and Lot Adjustments, the creation of new residential lots in prime agricultural areas shall not be permitted except where a residence surplus to a farming operation as a result of farm consolidation, provided that the planning authority ensures that new residential dwellings are prohibited on any vacant remnant parcel 01 farmland created by the severance; AND WHEREAS identifying and reflecting true prime agricultural areas on planning documents particularly on mixed classed lands is not an accepted practice by Ministry of Agriculture, Food and Rural Affairs; AND WHEREAS the land owners in prime agricultural designated areas have been targeted by this change in planning policy with little regard given by Government of the Province of Ontario to a true reflection of prime agricultural areas, retirement consequences or financial consequences; AND WHEREAS by enacting this Provincial Policy Statement in the manner that Government of the Province of Ontario has chosen, they have failed to demonstrate the test of reasonableness under the notion of an effective and accountable land-use planning system. NOW THEREFORE, BE IT RESOLVED that the Township of Stone Mills recommend that the Government of the Province of Ontario amend the Provincial Policy Statement to phase in Section 2.3.4 Lot Creation and Lot Adjustments over a five yesr period and provide to municipalities sensible and practicable solutions to identifying on planning documents a true reflection of prime agricultural areas; AND FURTHER that all Ontario municipalities endorse these recommendations through their respective Councils and respond to the Associations of Municipalities of Ontario, Ministry of Municipal Affairs and Housing, Ministry of Agriculfural, Food and Rural Affairs, their local Members of the Legislative Assembly Reeve Douglas Bearance Reeve Member Bommunioafiol7l I)d- \ I G"""'" r Association of (;J \./ Municipalities \.'ttl .... of Ontano Ie r t 393 University Avenue, Suite 1701 Toronto, ON M5G 1E6 Tel: (416) 971-9856' fax: (416) 971-6191 email: amo@amo.on.ca To the immediate attention of the Clerk and Council October 3, 2005 - Alert 05/073 Building Code Statute Law Amendment Act, 2002 Issue: Outstanding elements of Bill 124 relating to building code knowledge and insurance requirements come into effect January 1, 2006. The Ontario Association of Architects and the Professional Engineers of Ontario have initiated a letter-writing campaign in an attempt to exempt their professions from the requirements of Bill 124. This could result in a greater incidence of errors in building permit submissions and increased municipal liability since the submissions of architects and engineers would not need to be insured. Background: Municipal building officials have long reported a significant incidence of errors in building permit submissions prepared by architects and professional engineers. These errors increase both permit review times and municipal liability. Further, architects are required to only carry $250,000 in liability insurance, and engineers need not carry insurance where their client chooses to waive it. In Ontario's joint and several liability regime, under- and uninsured designers significantly increase municipal liability exposure. These issues were addressed by the Building Regulatory Reform Advisory Group (BRRAG) in 2000, which recommended improved Code knowledge and liability insurance for all designers. The BRRAG report represented a general consensus of building industry stakeholders on ways to increase public safety, streamline the building permit process and increase accountability. Changes under the Building Code Act (Bill 124 ) require that effective January 1, 2006, all designers submitting designs for the purposes of obtaining building permits and building officials be qualified/registered by the Province. The Act allows the Province to exempt architects and engineers who have met parallel qualification and insurance requirements developed by their associations and approved by the Province. Following the introduction of Bill 124, the governing councils of both OM and PEO agreed to implement systems to ensure their architects and professional engineers possessed knowledge of the Building Code and had minimum levels of liability insurance recommended in the BRRAG report. In March 2005, OM entered into an MOU with the Province on a parallel qualification and insurance system. However, both associations have recently retracted these commitments and have been actively campaigning to be fully exempted from these recommendations. . The OM recently circulated a sample letter to their members and asked that the letter be sent to their local MPPs requesting that the MPPs urge Municipal Affairs Minister Gerretsen to completely exempt architects. . The PEO has recently sent a number of letters to Minister Gerretsen and the Attorney General, suggesting legal restraints and mobilizing their 70,000 members in support of their self-regulatory role. .../2 . - 2- Municipal impacts of exempting professional designers from Bill 124: . Quality of submissions for building permits will not improve, delaying the availability of building permits; . Increased demand from technologists and other designers to be similarly exempted; . Increase the municipal liability exposure if building officials remain the only provincially qualified building practitioners because they would be held to a higher duty of care; . Increased municipal liability exposure since designer liability insurance would not be mandatory. Action: AMO suggests that Municipal Councils pass resolutions containing the following principles and forward them to their local MPPs, the Minister of Municipal Affairs and Housing and the Attorney General: . . Strongly objecting to the request of architects and engineers for exemption from Bill 124 . Requesting that the Building Advisory Council (BAC) to be set up in January 2006 address the following issues regarding liability recommended by BRRAG but omitted in Bill 124: . Improved Code knowledge for builders/contractors, . Provisions for builder liability insurance for non-residential builders, and . Longer liability insurance periods for designers . That BAC review the other recommendations of BRRAG there were omitted in Bill 124, which will create a more equitable building regulatory system in Ontario. This information is available in the Policy Issues section of the AMO website at www.amo.on.ca For more information, contact: Sherri Hanley, AMO Senior Policy Advisor, at 416-971-9856 extension 315 S'J-3 PROPOSED STAFF RECOMMENDATION: It is recommended that: The Township of Oro-Medonte: 1. Strongly object to the request of architects and engineers for exemption from Bill 124 2. Request that the Building Advisory Council (BAC), to be set up in January 2006, address the following issues regarding liability recommended by BRRAG (Building Regulatory Reform Advisory Group) but omitted in Bill 124: . Improved Code knowledge for builders/contractors, . Provisions for builder liability insurance for non-residential builders, and . Longer liability insurance periods for designers 3. Request that the BAC review the other recommendations of BRRAG that were omitted in Bill 124, which will create a more equitable building regulatory system in Ontario. CITY HALL 70 COLLIER STREET TEL. 705-739-4208 FAX 705-739-4270 -e.. P.O. BOX 400 BARRIE, ONTARIO L4M 4T5 THE CORPORATION OF THE CITY OF BARRIE PLANNING SERVtCES DEPARTMENT "Committed to Total Service Excellence" IVED May 13, 2005 File.' D09-aFF MAY 1 7 1005 ORO-MEDONTE TOWNSHIP Ms. Andria Leigh, Senior Planner Township ofaro-Medonte P.o. Box 100 aro, antario LOL 2XO Dear Ms. Leigh: The City of Barrie has prepared an update of the current afficial Plan. The purpose of the update is to provide a strategy for directing development in the community over the next 15 years. The document incorporates new direction and policies for the City and reflects changes to the planning environment in antario as envisioned in the new Provincial Policy Statement and the Places to Grow Report. The proposed changes to the Plan will be presented at a public meeting that is to be held pursuant to the provisions of the Planning Act on Monday, June 6, 2005 at 8:00 p.m. in the Council Chambers of City Hall, 70 Collier Street. A copy of this draft document is being circulated to you for your review and comments. During your review, if you should have any questions regarding the document. please feel free to contact me at (705) 739-4220, ext. 4314, or by email atmkalyaniwalla@citybarrie.on.ca. 1 would ask that you forward comments regarding the content of this Plan to my attention by June 16, 2005. if you would prefer to meet with me to discuss your response, please do not hesitate to contact me. Yours truly, , ~ ill' I " if" ^. . '/ j J /! , '1/ /; 7YJJv(HvvU?V . G Merwan R. Kalyaniwalla, MCI.P., R.P.P. Manager of Policy Planning MRK/slw Encl. BARRIE 150 SESQU1CENTENNIAl' 1353-2003 No L.oVVl~ 1;~ D& 5IZroS"'. '. Page 1 of 1 Janette Teeter From: Ellen Dennig Sent: Monday, October 10, 2005 10:06 PM To: Marilyn pennycook Cc: Neil Craig Subject: Kennel Application on Line 8 North October 10, 2005 6413 Line 8 North Oro-Medonte A. A. 1 , Waubaushene, ON LOK 2CO Phone: 705 835 0197 Email: kenlis@svmpatico,C<! To Whom it May Concern: Since there is a Council meeting this Wednesday morning and I shall not be able to attend I want to leave you with these notes: Today, my husband, Kenlis Pearce, and myself, Ellen Dennig, visited Marion Homes up the road from us on the 8th Line, She has applied for a Kennel License and has, apparently had some opposition. When we arrived, Marion introduced us to each of her dogs and told us their particulars, The six Labrador females greeted us warmly, much as any good family dog would and the two puppies, who will be in their new homes soon, greeted us in normal puppy fashion. While we conversed indoors the dogs played, some came over to be scratched behind an ear or leaned on my leg just to be close. In no way did the dogs frighten us or cause a problem. The dogs consist of two blonde, two black and two ,chocolate, I believe three are already spayed and remain because they are loved. Of the other three I believe only one is at the breeding stage at the moment I can't imagine why anyone wouldn't take the utmost care of these dogs and not let them run on the road considering the investment made and how much they are loved. Mrs. Homes certainly appears to have control of the bunch. In my opinion having this type of kennel here on the 8th Line will cause much less of a problem than some of the existing dogs in the neighbourhood already do. If further clarification is needed please contact me at the number or email above. Respectfully Ellen I. Dennig 10/1112005 - \ TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No.TR2005-19 To: Committee of the Whole Prepared By: Paul Gravelle Subject: Per-kilometer rate Department: Treasury Council C.ofW. Date: September 30, 2005 Motion # R.M. File #: Date: RolI#: II BACKGROUND: II The Township of Oro-Medonte presently pays a per-kilometer rate of $.35. This rate has been in effect since April 1, 2001. II ANALYSIS: II As we are all aware, the cost of fuel has increased significantly since April 1, 2001. Auto insurance premiums have stabilized recently, but increased significantly in 2002 & 2003. As such, consideration should be given to increasing the per-kilometer rate. The County of Simcoe recently conducted a survey of rates. A copy of their findings is attached. At its meeting of September 2ih, 2005, County Council approved an increase to $.40 per kilometer. In 2004, the Township of Oro-Medonte reimbursed Councillors, Committee members and employees $11,385.09 for kilometer reimbursement. If the municipality were to increase the per-kilometer rate to $.40, the budgetary impact would be approximately $1,600 on an annual basis. We therefore respectfully recommend that the per-kilometer rate be increased to $.40 effective November 1, 2005. ~ RECOMMENDATlON(S}: I' " O'C\ "-::J II 1. THAT Report No. TR2005-19 be received and adopted. 2. The per-kilometer rate paid by the Township of Oro-Medonte be increased to $.40 effective November 1, 2005. Respectfully submitted, fJ~ Paul Gravelle Treasurer C.A.O. Comments: Date: CAO. Dept. Head 6 - 2 - . -3 . Schedule 1 Performance Management Committee PM 05-094 Page 1 Mileage Survey Data July 2005 Source New Tecumseth Oro Penetanguishene Tay Innisfil Orillia Springwater Clearview Collingwood Barrie Adjala- T osorontio Essa Rate per Kilometre 0.370 0.370 0.370 0.370 0.370 0.380 0.380 0.390 0.400 0.415 0.420 0.420 Comments does not pay for in-town travel flat rate S1.000/vr for in-town travel Average paid by peer market Third Quartile paid by peer market Paid by AMCTO (not in peer market, but still relevant) 0.388 0.404 0.400 Current County of Simcoe rate 0.38 NOTE: The Canada Revenue Agency allows up to $.42/km (for the first 5,OOOkm) before reimbursement for mileage becomes a taxable benefit. C:\Documents and Settings\ncraig\My Documents\Worksheet in C: DOCUME-1 ncraig LOCALS-1 Temp notes6030C8 -1380006.doc 9/28/200511:39 AM \.ob-\ Dept. Report No. To: Prepared By: TR 2005-20 Committee of the Whole Bonnie McPhee Subject: Department: Council Treasury Statement of Accounts C.ofW. Date: September October 05, 2005 Motion # R.M. File #: Date: RolI#: TOWNSHIP OF ORO-MEDONTE REPORT Following is the statement of accounts for the month of September. Batch No. Date Amount Cheque ReQisters: AC00344 AQ00295 AC00345 AC00346 AC00347 September 07, 2005 September 12, 2005 September 14, 2005 September 21, 2005 September 28, 2005 $ 384,276.99 500,000.00 151,931.28 4,117,719.33 348,545.11 $ 5,502,472.71 Pavroll: PR00098 PR00103 September 03,2005 September 17, 2005 84,945.10 82,660.01 167,605.11 Credit Card ReQisters: AE00019 AE00020 September 15, 2005 September 15, 2005 972.33 1,257.71 2,230.04 Total $ 5,672,307.86 Cf; Gb II RECOMMENDATION(S): II 1. THAT Report No. TR 2005 - 20 is received. 2. The accounts for the month of September 2005 totaling $ 5,672,307.86 are received. Respectfully submitted, %~ Bonnie McPhee Accounting Clerk C.A.O. Comments: Date: C.A.O. Dept. Head -2- \9C - \ Dept. Report No. To: Prepared By: ADM2005-049 Committee of the Whole M. Pennvcook, Clerk Subject: Department: Council Removal of Trees on Private Administration Property C.ofW. Date: October 4,2005 Motion # R.M. File #: Date: RolI#: TOWNSHIP OF ORO-MEDONTE REPORT II BACKGROUND: II Correspondence from Mr. Ted Vincent, Bass Lake Ratepayers Association, outlining his concerns with respect to removal of trees on private property was formally received at the Committee of the Whole meeting of July 13, 2005 (Attachment 1). At that time Committee directed staff to bring forward copies of by-laws enacted by other municipalities within Simcoe County with respect to this matter. II ANALYSIS: I Five Simcoe County municipalities, as well as the City of Barrie, responded to the request to forward copies of by-laws regarding tree removal on private property: Notes Count of Simcoe B -Law #4338 Barrie B -Law 2005-120 assed June 13, 2005 , i L I I i , i--- -~------ Clearview No b -law enacted Innisfil Rei on Count of Simcoe PenetanQuishene No by-Iavv.enact.ed Severn C-Ialll/enacted No b -law enacted '----- SprinQwater Gc- Copies of County of Simcoe By-law No. 4338 (Attachment 2) as well as the City of Barrie By-law No. 2005-120 (Attachment 3) are attached for Council's information. RECOMMENDATION(S): 1. THAT Report No. ADM2005-049 be received for information. 2. THAT Mr. Ted Vincent be forwarded a copy of County of Simcoe By-law No. 4338. Respectfully submitted, , ~L\a-oJ Marilyn P\'!nnycook Clerk \~-j C.A.O. Comments: Date: C.A.O. Dept. Head - 2 - ;!-r-rAC-H/Y1G'AJ'- -#::^ I Main Identity From: To: Sent: Subject: "Ted. Vincent" <Ted.Vincent@rogers.com> "Harry Hughes" <hhughes@bconnex.net> Sunday, July 10, 20059:54 PM Bass ke Rate Payers Association Hello Harry; I understand that you were able to make the Rate Payers meeting in June, even though I was not able to, thank you for attending. You will recall that our initial discussions surrounded the removal of the trees on the Petherwin Place Property. In that case the event had occurred beyond the period in which the By-Law Enforcement people could act on relating to any enforcement. One of the Beach Associations are now reporting that other property owners are removing trees from their respective properties from the south side of the lake, particularly those properties where the structures are a significant distance from the lake and the property owners are gradually enhancing their view of the lake. Not being familiar with the Tree removal by-law, I am curious if there is any provision in the by- law that regulates this gradual deforestation on these properties. Below is an excerpt from the minutes of the beach association, and the source of my inquiry...: John asked if anything was bcing done about the denuding of properties (tree removal) on the other side ofthe lake. Phil advised that we needed photographs to make a case. Randy advised this might be something to pass onto the Nottawasaga VaHey Conservation Authority - contact person is Greg Merrick. It was mentioned that this may be an issue to be addressed by the Bass Lake Ratepayers Association and Phil Austin volunteered to call Ted Vincent on this topic. 7/12/05 Jl.# ..' -r-rflCiIrfJENr ~ \s c-ll County of Simcoe By-law #4338 Being a by-law to restrict and regulate the destruction of trees by cutting, burning, bulldozing or other means and to repeal By-law No. 3694. WHEREAS, it has become expedient for the general welfare of the Corporation of the County of Simcoe to maintain and improve the forest, soil, game and fish resources of the County by conserving and improving the woodlands of the County; AND WHEREAS, the art, science, and practice of forestry has changed sufficiently to necessitate the updating of the County Tree Cutting By-law; AND WHEREAS, under the Trees Act, RS.O. 1990, Chapter T,20, the Council of the Corporation of the County of Simcoe is empowered to pass by-iaws: restricting and regulating the destruction of trees by cutting, burning, bulldozing or other means; and providing for the appointment of officers to enforce the provisions of any by-law passed under this Section; NOW THEREFORE BE IT RESOLVED THAT the Councii of the Corporation of the County of Simcoe enacts as follows: DEFINITIONS In this by-law: "basal area of a woodlot" means the sum of the basal areas of the individual trees of a dbh greater than four inches (10.2 centimetres) which comprise a woodlot; "circumference" means the circumference measurement of the stem of a tree made outside the bark of the tree; "Clerk" means the Clerk of the Corporation of the County of Simcoe; "coppice growth" means that where more than one tree stem grows from a single tree stump, the point of measurement for the purpose of this by-law shall be at the point on the tree trunk where the tree stems separate provided that such point of separation is closer than 50 inches (1.27 metres) to the highest point of the ground in an undisturbed state at the base of the tree; "Council" means the Council of the Corporation of the County of Simcoe; "County" means the Corporation of the County of Simcoe; ~ 5 "diameter" means the diameter measurement of the stem of a tree measured outside the bark of the tree; "dbh" means the diameter of the stem of a tree measured at a point that is four and one-half feet (1.3 metres) above the ground; "forest stand" means that part of a woodlot that is a contiguous group of trees sufficiently uniform in species composition, arrangement of age classes and condition to be a homogeneous and distinguishable unit; "good forestry practice" means: the proper implementation of harvest, renewal and maintenance activities known to be appropriate for the forest and environmental conditions under which it is being applied and which minimizes detriments to forest values including; important fish and wildlife habitat, soil and water quality and quantity, forest productivity and health; and the aesthetics and recreational opportunities of the landscape. the cutting and removal of hazardous, severely damaged, diseased and insect infested trees which must be removed in order to prevent the contamination or infestation of other trees, or which no longer contribute to the achievement of forest values. "individual tree basal area" and "basal area" mean the area of the cross-section of the stem taken at a point of measurement of a standing tree four and one-half feet (1.3 metres) above ground level; "intermittent stream" means a stream which flows for fewer than nine consecutive months per year under average annual precipitation conditions, and which has defined banks; "Minister" means the Minister of Natural Resources; "officer" means a Municipal Law Enforcement Officer appointed by the Council of the Corporation of the County of Simcoe for the purpose of carrying out the enforcement of municipal by-laws; "point of measurement" means that point on the tree trunk measured above the highest point of the ground in an undisturbed state at the base of the tree; "sensitive natural areas" includes: provincially designated life Science Areas of Natural and Scientific Interest; wetlands designated as locally, regionally or provincially significant; areas under the jurisdiction of the Niagara Escarpment Commission; Environmentally Sensitive Areas (ESA's) within Simcoe County as designated by anyone of the following conservation authorities: Nottawasaga Valley Conservation Authority, Lake Simcoe Region Conservation Authority, Metro Toronto Conservation Authority, Grand River Conservation Authority, Credit Valley Conservation Authority; significant portions of habitat of vulnerable, threatened, and endangered species; significant woodlands; significant ravine, valley, river, and stream corridors; shorelines of lakes, rivers and streams; significant wildlife habitat; and significant natural corridors; sensitive natural areas designated in an approved official plan and; any portion of a woodlot located within 100 feet (30.5 metres) of the water's edge of a locally, regionally, or provincially significant wetlands a lake, a river, a stream, or an intermittent stream; "tree" means any species of woody plant which has reached or can reach an average height of at ieast 5 metres (15 feet) at physiolog ical maturity; "woodlot" means an area having not less than: 400 trees per acre (988 trees per hectare) of any size, 300 trees per acre (741 trees per hectare) measuring more than 2 inches (5.0 centimetres) dbh, 200 trees per acre (494 trees per hectare) measuring more than 5 inches (12.7 centimetres) dbh, or 100 trees per acre (247 trees per hectare) measuring more than 8 inches (20.3 centimetres) dbh. APPLICATION - SPECIFIC Except as hereinafter provided no person shall destroy or shall allow or cause or permit the destruction by cutting, burning, bulldozing or other means, any tree of the species listed in this section that has not attained the circumference measurement or diameter measurement specified herein at the point of measurement: SPECIES A: ASH - white BASSWOOD BIRCH - yellow MAPLE - hard, red, silver, black, soft OAK - red, white WALNUT - white (butternut), black WHITE PINE Point of Measurement Circumference Diameter 15 inches (38 cm) 57 inches (145 cm) 18 inches (46 cm) 12 inches (30 cm) 63 inches (160 cm) 20 inches (51 cm) 8 inches (20 cm) 72 inches (183 cm) 23 inches (58 cm) 4 inches (10 cm) 80 inches (203 cm) 25 inches (64 cm) SPECIES B: AMERICAN BEECH ASH - green BLACK CHERRY EASTERN HEMLOCK HICKORY - all types RED PINE SPRUCE - white, Norway Point of Measurement Circumference Diameter 12 inches (30 cm) 44 inches (112 cm) 14 inches (36 cm) 8 inches (20 cm) 52 inches (132 cm) 17 inches (43 cm) 4 inches (10 cm) 62 inches (157 cm) 20 inches (51 cm) SPECIES C: AMERICAN ELM BLACK ASH CEDAR - white, red POPLAR - all species PINE -jack WHITE BIRCH Point of Measurement Circumference Diameter 12 inches (30 cm) 25 inches (64 cm) 8 inches (23 cm) 8 inches (20 cm) 33 inches (84 cm) 11 inches (28 cm) 4 inches (10 cm) 43 inches (109 cm) 14 inches (36 cm) APPLICATION - GENERAL This by-law shall appiy throughout the County of Simcoe and shall not be limited territorially. In cutting or removing any tree, no person shall so conduct his operations as to unnecessarily injure or damage any other tree. Subject to the exceptions contained in section 4 of this by-law, no person shall destroy by cutting, burning, bulldozing or other means a tree growing in a woodlot in a sensitive natural area. Subject to the exceptions contained in Section 4 of this by-law no person shall destroy any tree so that the average basal area of the woodlot in which the tree stands is reduced below 65 square feet per acre (15 square metres per hectare). EXCEPTIONS This by-law shall not: interfere with the right of a person who has been the registered owner of land for at least two years to cut trees thereon for the person's own use; interfere with any rights or powers conferred upon a municipality by the Municipal Act; interfere with any rights or powers of any Provincial Legislation; interfere with any rights or powers of Ontario Hydro or of any agency, board or commission that is performing its functions for or on behalf of the Crown; apply to trees growing upon any highway or upon any opened road allowance; apply to trees destroyed in order to erect any building, structure or thing in respect of which a building permit is issued or the destruction of trees growing within fifty (50) feet or 15.2 metres of any exterior wall of such building, structure or thing: apply to trees planted and maintained for the production and sale of Christmas trees; apply to trees cut by an Ontario land surveyor registered under the Surveyors Act or any person in his employ while making a survey apply to trees on land described in a licence for a pit or quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate Resources Act. R.S.O., 1990; apply to trees destroyed in order to iawfully establish and operate or enlarge any pit or quarry on land that has not been designated under Section 2 of the Aggregate Resources Act, R.S.O., 1990; apply to trees growing in a woodlot that is less than 2 acres (0.81 hectares) in area; appiy to trees that are cut in accordance with good forestry practice; apply to trees destroyed pursuant to a by-iaw or resolution of the Council of the Corporation of the County of Simcoe and authorizing such destruction as a minor exception from this by-law or; apply to land covered under a Subdivision Agreement, or Site Plan Agreement, that is registered on title, in accordance with the Planning Act of Ontario; The expression "own use" in Section 4 (a)(i) shall be deemed not to include any sale, exchange or other disposition of the trees that are cut. EXCEPTION - MINOR Upon the application of the owner of any trees affected by this by-law, or any predecessor thereof, or any person authorized in writing by the owner, the Council may, by by-law or resolution, authorize such minor exception from the by-law in respect of such trees as in its opinion is desirable for the appropriate development and use of the land on which such trees are situate, if in its opinion the general intent and purpose of the by-law is maintained and Council may ask for Letters of Credit from the developer in order to insure that areas may be replanted with trees should the development not be completed. Where the Council receives an application under Subsection (a), the provisions of Section 9 of the Trees Act, R.S.O. 1 990, Chapter T.20 will apply, with the necessary modifications. Council hereby delegates to the standing committee appointed for the purposes of this by-law, the authority to conduct hearings under subsection (b), and hereby requires said committee to report to Council, pursuant to Section 105 of the Municipal Act, R.S.O. 1990, Chapter MA5. NOTICE OF INTENT TO DESTROY TREES Except those persons to whom the exceptions provided in Section 4 apply, other than subsection 4(xi), every landowner or person acting on behalf of the landowner intending to destroy trees, shall notify the By-Law Enforcement Office of such intentions. Notice under this section shall be in the form of Form 1, attached as Schedule "A" to this by-law and shall be mailed or delivered to the By-Law Enforcement Office so that it is received not less than five (5) days prior to the commencement of the destruction of the trees. If trees in a woodlot owned by the County are sold, notice under subsection (a) shall be deemed to have been given, and no further notice is required. BY-LAW OFFICER The Council of the Corporation of the County of Simcoe may, by resolution, appoint an officer to enforce the provisions of this by-law, and an officer so appointed shall: not be a member of Council; hold office for such term as is specified by the resoiution of Council; be paid allowances for salary and travelling expenses when engaged in the enforcement of this by-law at such rates as are authorized by Councii from time to time. An officer and any person under his or her instructions may at any time between sunrise and sunset enter upon the land, except any dwelling of any person in an area within his or her jurisdiction, for the purpose of: enforcement of this by-law and the inspection of the land and trees; determining compliance with an order made under Subsection 8(b) or; examining trees that might be affected by a minor exception authorized under Section 5. An officer entering upon land pursuant to Subsection (b) shall, upon request, show proper identification to the owner or occupier of the land. VIOLATIONS AND PENAL TtES Every person who: directly or through any other person contravenes any provision of this by-law or; obstructs, hinders or interferes with an officer or any person acting under his instructions in the discharge of his duties hereunder or; furnishes an officer with false information; f'. e,-, fails or neglects, without just cause, to carry out an order made against the person under Subsection (b); is guilty of an offence and on conviction is liable to a fine of not more than $5,000.00 or to imprisonment for a term of not more than three months, or to both. Where a person is convicted of an offence under Subsection 8(a) the court shall consider all evidence given in respect of the necessity of replanting the area on which trees have been destroyed and may order the owner of the said area to repiant or have replanted therein such trees in such manner and within such period of time as the court considers just and to adequately maintain the replanted trees in such manner as the court considers proper. This by-law shall not apply to trees that are destroyed by cutting, burning, bulldozing or other means within the terms of a legally binding contract that any persons may have legally entered into during the one year preceding the coming into force of this by-law. This by-law shall come into force and effect from and immediately upon its enactment by County Council and the approval of the Minister of Natural Resources. By-law No. 3694 of the County of Simcoe be and is hereby repealed. By-law read a first, second and third time, and finally passed this 24th day of June, A.D. 1997. The Minister of Natural Resources approved the by-law on the 25th day of November, AD. 1997. Disclaimer: The by-law shown above (By-Law #4338) is provided here for reference only. For official purposes a copy of the Tree Cutting By-Law can be obtained by contacting the County of Simcoe By-Law Enforcement Office. For further information regarding the Tree Cutting By-law, please contact: County of Simcoe By-Law Enforcement Office Administration Centre Midhurst, Ontario LOL 1 XO Telephone;(705) 726-9300 Fax:(705) 726-3991 To avoid long distance charges, calls can be made directly to the Administration Centre using the foliowing numbers: Beeton and area: (905) 729-2294 Collingwood and area: (705) 428-3143 Midland and area: (705) 526-2261 Orillia and area: (705) 326-7397 /!---r-(ftetfrllEiJ7:1f 3 The City of \JC-\\) By-Law 2005-120 This By-law is printed under and by authority of the Council of the City of Barrie, Ontario, Canada To prohibit or regulate the injuring or destruction of trees on private property in the City of Barrie. . Disclaimer: The following consolidation is an clectronic reproduction made available for information only_ It is not an official version of the By-law. The format may be different, and plans, pictures, other graphics or text may be missing or altered. The City of Barrie does not warrant the accuracy of this electronic version. This consolidation can not be distributed or used for commercial purposes. It may be used for other purposes, only if you repeat this disclaimer and the notice of copyright. Official versions of all By-laws can be obtained from the City Clerk's Office by calling (705) 739-4204. -." \ Bill No. 123 . '2 f3 ~--9~'Y ~ BY- LAW NUMBER 2005-120 A By~law of The Corporation of the City of Barrie to prohibit or regulate the injuring or destruction of trees on private property in the City of Barrie WHEREAS, Section 135 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, permits the enactment of a by-law by the Council of The Corporation of the City of Barrie for prohibiting or regulating the injuring or destruction of trees or any class of trees; AND WHEREAS, Council may require that a permit be obtained for the injuring or destruction of trees or any class. of trees specified in the by-Jaw and prescribe the fees for the permit and the drcumstances under which a permit may be issued; AND WHEREAS, by Resolution 05-G~261, the Council of the Corporation of the City of Barrie has determined that it is desirable to enact such a by~law; AND WHEREAS Council enacted By-law Number 2002~12 on the 14th day of January, 2002 to prohibit or regulate the injuring or destruction of trees on private property in the City of Barrie and the Council of The Corporation of the City of Barrie has determined that it is desirable to repeal By-law 2002-12 and enact a new by-law to prohibit or regulate the injuring or destruction of trees as authorized in accordance with the Municipal Act, 2001; NOW THEREFORE, the Council of The Corporation of the City of Barrie enacts as follows: 1. DEFINtTIONS !n this by~law: (a) "basal area" of a tree shall mean the area of a cross-section of the tree at "breast height" (1.37 metres or 4.5 feet) measured in square metres; (b) "basal area" of a woodlot shall mean the ratio of the sum of the basal areas of the trees within the woodlot in square metres to the area of the woodlot in hectares; (c) "breast heighf' refers to a point of measurement 1.37 metres above the highest point on the tree where the ground meets the stump; (d) "Building Permif' means a Building Permit issued under the Building Code Act, 1992, 8.0. 1992, c23, as amended; (e) "City" and "City of Barrie" means the municipality of The Corporation of the .City of Barrie; {e) "Clerk" means the Clerk of The Corporation of the City of Barrie; (f) "Council" means the Council of The Corporation of the City of Barrie; (g) "destroy" means the removal of trees or harm resulting in the death or ruin of trees by cutting, burning, uprooting, chemical application or other means including irreversible injury that may result from neglect, accident or design and the term "destruction" shall have a corresponding meaning; (h) "Diameter" means the diameter of the stem of a tree measured outside the bark at a specified point of measurement (i) "Director" means of the Director of the Leisure, Transit and Works Department for the City of Barrie or his or her designate, provided such designate is an Officer appointed under this by-law; ti) "DBH" means "diameter at breast heighf' and refers to the diameter of the stem of a tree me2sured at a point 1.37 metres (4.5 feet) above the highest point on the tree where the ground meets the stump; 2 Bill No. 123 (k) "good forestry practices" means the proper implementation of harvest, renewal and maintenance activities known to be appropriate for the forest and environmental conditions under which they are being applied and that minimize detriments. to forest values including significant ecosystems, important fish and wildHfe habitats, soH and water quality and quantity, forest productivity and health and the aesthetics and recreational opportunities of the landscape; G'd- And Good Forestry Practices permits the destruction or injuring of trees that: l) have been damaged by disease, insects, wind, ice, fire, lightning, or other natural causes to an extent that the health of such trees is likely to further deteriorate; Ii) should be cut or removed to prevent disease or insects from spreading to other trees; iii) are cut in accordance with the Provincial Silvicultural Guidelines as referred to in the Forest Operations and Silviculture Manual and its revisions prepared under the authority of the Crown Forest Sustainabflity Act, S.O. 1994, c. 25. These Provincia! Silvicultural Guidelines include, but are not limited, to: A Silviculturel Guide to Managing Southern Ontario Forests, Silvicultural Guide for the Tolerant Hardwood Forest in Ontario, A Tree Marking Guide for the Tolerant Hardwood Working Group in Ontario, A Silvicultural Guide for the Great Lakes - 31. Lawrence Conifer Forest in Ontario; IV) are marked and cut as part of a woodlands management plan approved by a Registered Professional Forester. (I) "Heritage Tree~ means a tree that Council designates as being unlque and of importance to the City in tenns of distinctive form, size, age and/or historical significance (m) "injure" means to harm, damage or impair trees and includes, but is not limited to, harm, damage or impairment caused by changing grades around trees, compacting soil over root areas, severing roots, proper appBcation of chemicals, improper pruning or the removal of branches and bark and the term "injury" shall have corresponding meaning; (n) "Major Damage" to a tree shall mean anyone of: (i) a wound greater than the square of the DBH of the tree (for example, a wound with an area of 100 square centimeters is major damage to a tree with a DBH of 100m.) (ii) any wound greater than 1000 square centimeters (m) jf the wound in paragraph 1 (l)(l) or 1 (1)(iI) contacts the ground then the wound shall be considered major damage jf jt is 60% of the size specified in paragraph 1 (1)(1) or l(I)(ii) respectively (iv) broken branches destroying more than 33% of the Crown (v) the exposure, severing or compaction of more than 25% of the root area (vi) the brezking off of any tree (vii) the noticeable tipping of any tree (0) "officer" me~ns an individual designated in accordance with this bylaw for the administration and enforcement of this by-law; (p) "orchard~ means a plantation of fruit or nut trees; (q) "owner" means the registered O\}"'Iler(s) of the property; (r) "pennir means the authorization from the Director to injure or destroy trees pursuant to this by-law; (s) "person" means any individual, corporation, partnership, association, firm, trust, or other entity and includes anyone acting on behalf or under the authority of such entity; (t) "qualified forest technician" means someone who has graduated from a recognized College with a diploma in Forestry who is also certified as a tree marker by the Ontario Ministry of Natural Resources; (u) "qualified RLA" means ;:: "Registered Landscape Architect" certified by the Ontario Association of Landscape Architects"; 3 Bill No. 123 (v) "'Registered Professional Forester" as defined in the Professional Foresters Act, 2QOO, 8.0.2000, c.18. (w) "'Silviculture" means the theory and practice of controlling forest establishment, composition, growth and quality of forests to achieve the objectives of management. (x) "'tree" means a plant of any species of woody perennial plant including its root system which has reached or can reach a heig'ht of at least 4.5 metres (15 feet) at physiological maturity; "Tree Protection Manual" means the manual maintained by Barrie's Director of Leisure, Transit and Works setting out standards for protection of trees in the City of Barrie as amended from time to time. Copies of which may be viewed and printed from the City of Barrie website at www.city.barrie.on.ca; (y) (z) (aa) "woodlof' means a woodlot as defined in paragraph 2 of this by-law; "Zoning By-law" means the by-law regulating land use as provided for under the Planning Act within the City of Barrie; 2. DEFINITtON OF WOODLOT (a) For the purposes of this By-law a "woodlot" shall mean land of at least 0.2 hectares (0.5 acres) in area covered with a density of trees that is not less than: i) 1000 trees of any size per hectare; Hi) 750 trees, measuring over 5 centimeters in DBH per hectare; Hi) 500 trees, measuring over 12 centimeters in DBH per hectare; OR iv) 250 trees, measuring over 20 centimeters in DBH per hectare; 8S illustrated by the City of Barrie's Official Woodlot Map, as amended from time to time. (b) For the purposes of this by-law, a boundary woodlot shall be defined by the ecological Emit of the woodlot and not by private property boundaries. (c) Notvvithstanding paragraph 2(b), where a woodlot is dissected by a road, path or natural feature such as a creek, the boundary of the woodlot shall be deemed to cross the road, path or natural feature but the area of the woodlot shall be calculated exclusive of the area of the munic1pal road or natural feature. 3. APPLICATION OF BY-LAW Subject to Section 5, this by-law applies to all trees In woodlots within the boundaries of the City of Barrie. 4. PROHIBITIONS Subject to Section 5 of this by-law: (a) No owner shaH cause or permit the injury or destruction of a tree that is on the owner's land without first obtaining a penni! under this bylaw; (b) No person shall injure or destroy a tree without first having obtained a permit under this by-law; (c) No person shall injure or destroy a tree other than in compliance with the terms and conditions of a permit issued under thiS by-law; (d) No person shall fail to comply with an Order issued under this By-law; and (e) No person shaH pull down or deface any Order posted under this bylaw. 4 Bill No. 123 5. EXEMPTtONS FROM APPLlCATtON OF BY.LAW NohNithstanding paragraph 3 and 4, thIs by-law does not apply to: (a) Trees injured or removed by or with the permission of the City of Barrie that are situated on lands owned or controlled by it; (b) The removal of damaged or destroyed trees in the interests of pUblic safety, health and general welfare following any man-made or natural disasters, storms, high winds, floods, fires, snowfall, freezes or as a result of insects, disease or wildlife; (c) Activities or matters prescribed by regulation by the lieutenant Governor In Council; (d) Activities or matters undertaken by the provincial government or federal government or their authorized agents; (e) Trees located within waste disposal sites as defined in Part V of the Environmental Protection Act, RS.O.1990, c.E.19; (f) The destruction or injury of trees required in the exercise of the rights or powers of a hydroelectric corporation or any public utility board or commission; (g) Activities or matters authorized under the Crown Forest SustainablHty Act, S.O. 1994; (h) Trees cut by a person licensed under the Surveyors Act, R.S.O. 1990, c. S.29 to engage in the practice of cadastral surveying or any person in his or her employ while making a survey; (i) Trees on land described in a license for a pit or quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate Resources Act, R.S.O. 1990, c.A.8; m Trees destroyed in order to lawfully establish and operate or enlarge any pit or quarry on land that has not been designated under the Aggregate Resources Act or a predecessor of that Act; (k) Trees that are part of plantations for the purposes of an Orchard, nursery, or Christmas tree farm; (I) The unavoidable injury or destruction of trees necessitated by works authorized under subdivision approval, under an approved site plan where a building permit has been issued unless otherwise authorized by the Director in writing, or pursuant to a site alteraiion permit or building permit issued by the City of Barrie provided such removal is In compliance with any tree preservation plans required as a condition of those approvals or as a term of any subdivision or site plan agreement. For the purposes of this paragraph, the injury of trees is not unavoidable if it could have been prevented using tree protection measures such as those outlined in the City of Barrie's Tree Protection ManuaL 6. APPLICATION FOR PERMIT TO INJURE OR DESTROY TREES Where a permit is required under this by-law: (a) The owner shall submit an application to the City containing the information set out in Schedule uA" to this by-law, in such form as may be approved by the Director; (b) Each application shall be accompanied by the prescribed fee payable in accordance with the City's Fees By-law; (c) Every application shall be accompanied by a report from either: (i) a qualified RLA providing such information with respect to the woodlot as may be specified in Schedule ug and certifying that the injury or destruction of tree(s) is required to permit the establishment or extension of a use permitted by the Zoning By-law and there is no reasonable alternative to the injury or destruction of the tree(5); OR (i1) a Registered Professional Forester providing such information with respect to the woodlot as may be specified in Schedule "go and, if applicable, certifying that the proposed injury to or destruction of the tree(s) is in accordance with good forestry practices. (d) No application shall be considered complete unless accompanied by the information and fee required in accordance with this by-law. c-}~ 5 Bill No. 123 7. ISSUANCE OF PERMIT (a) Subject to paragraph 7(b) the Director may issue a permit to injure or destroy tree{s) where the Director IS satisfied that: (il The injury or destruction of the tree(s) is in accordance with good forestry practices, OR (Ii) The injury or destruction of tree(s) is required to permit the establishment or extension of a use permitted by the Zoning By-law and there is no reasonable alternative to the injury or destruction of the tree(s). (b) A Permit shall not be issued where: (0 an Application required under this By-law has not been submitted in full or the required fee has not been paid; (ii) a report as required by paragraph 6(e) has not been submitted or in the opinion of the Director is not satisfactory; (Hi) the permit would result in the destruction of a tree that is an endangered species as defined in the Endangered Species Act, R.S.O. 1990, c. E.15, or successor legislation; (iv) the permit would result in the destruction of a tree that is designated as a heritage tree by City Council; (v) flood or erosion control, or the ecological integrity of a natural area, will be negatively affected; (vi) the destruction of the tree would have the effect of reducing: (i) the density of trees in the woodlot below the density of trees necessary to constitute a woodlot; or (2) the bcsal area of the woodlot in which the tree stands below 20 square metres per hectare (85 square feet per acre), 15 square metres per hectare (65 square feet per acre) of which is contained in the size class, or cl2.sses 24 em. (9.5 inches) DBH or greater, unless the reduction of the basal area of the woodlot below these standards is in accordance with good forestry practices. 8. CONDtTIONS TO PERMIT The following she-II be deemed to be conditions to the issuance of every permit under this by-law: (a) Marking of Trees At least 7 days prior to injuring or destroying any tree, but not prior to the issuance of the permit, the owner shaH cause all trees which are to be removed or destroyed to be marked by a Registered Professional Forester, qualified forest technician or qualified RLA with clearly visible marks of yeliow paint at breast height and upon the stump to remain after cutting. {b} Notice of Intent For at least 7 days prior to injuring or destroying any tree the owner shall post a sign,. having dimensions of not less than 28 em. (11 in.) x 43 em. (17 in.) in a conspicuous place on the private land that is adjacent to a public road or at such other location designated by the Director and providing the following lnform2.tion: (i) notice that the work will occur in accordance with this by-law; (li) the name of the owner; (Hi) the name of the person or company retained to work on the trees on the land; and (iv) the address and telephone number of a person acting on behalf of the owner from whom further information on the proposed tree work may be obtained. \YU'" \ l) 6 Bill No. 123 (c) Tree Preservation Measures 0) The owner shall cause the implementation of tree preservation measures consistent with the City of Barrie's Tree Protection Manual. (il) The owner shall cause the Instal!ation of all tree preservation measures to be completed under the supervision of the Registered Landscape Architect or Registered Professional Forester and approved by the City of Barrie. Such measures shall be inspected on a regular basis by the regIstered professional and a bi-monthly report made to the Director for the duration of the active period of construction. (d) Limitation of Damage to Residual Trees During the course of injuring or destroying trees within a woodlot pursuant to a permit issued in accordance with this by-law, no person shall: (i) cause Major Damage to trees forming more than 10010 of the total residual basal area of the portion of the woodlot which is the subject of the permit; (ii) cause Major Damage to trees forming more than 15% of the residual basal area in the size class of 10 cm DBH or more in the portion of the woodlot which is the subject of the permit; (in) cause major Damage to trees forming more than 15% of the residual basal area in the size class of 10 em DBH or less in the portion ofthe woodlot which is the subject or the permit; (iv) create or permit skid trails covering more than 20% of the ground area In the portion of the woodlot that is the subject of the permit. (e) Conditions required by the Director (i) In addition to the above conditions, the Director may attach conditions to the Permit which in the opinion of the Director are reasonable and related to the purposes or this By-law or the safety and convenience of the public. (ll) Prior to the commencement of any work that would result in injury to or destruction of trees authorized pursuant to this bylaw, the person causing such work to be carried out shall ensure that the permit is posted in a conspicuous place within the woodlot or is available on site and can be produced upon request by an officer. The failure to post or produce a permit as required shall constitute an offence. 9. DURATION OF PERMIT (a) Every permit shall be 1ssued to the owner and shall expire twelve (12) months after issuance. For greater certainty, to the extent that the expiry date would occur during the restricted period betvveen March 15 to April 15 in any year as provided in paragraph 9(b) below, the expiry date in the permit shall be deemed to have been extended to a date in the month next following the restricted period that would have the effect of granting the permit to an owner for a full t\'Jelve month period clear not 1ncluding the restricted period. (b) All permits for the injury or destruction of trees within woodlots will be deemed not to be in effect during the period of March 15 to April 15. The Director may grant exemptions to this requirement in writing having regard to the potential for rutting of soil and subsequent damage to the ecology of the woodlot or designated area during the spring break up period. (c) The Director may extend the expiration date or a Permit if a written request for an extension is received by the Director a minImum of three (3) working days before the date the Permit expires. Any request which is receIved after this time may require the submission of a new application. Subject to paragraph 9(a}, in no case shall the DIrector extend a PermIt for a period of greater than one year. 10. APPEALS FROM DECISIONS REGARDING PERMITS A person that has applied for a permit In accordance WIth this by~law may appeal to the Ontario Municipal Board: (a) if the Director refuses to issue a permit, within 30 days of the rerusal; (b) if the Director fails to make a decision on the application, within 45 days after the application is received by the Clerk; or ~c..- ~ \j) . 7 Bill No. 123 (c) if the applicant objects to a condition in the permit, within 30 days after the issuance of the permit A copy of any notice of appeal to the Ontario Municipal Board shall be delivered to the Clerk who shall notify the Ontario Municipal Board. 11. DESIGNATION OF OFFICERS In addition to Barrie's Municipal By~law Enforcement Officers, who are deemed to be designated as Officers for the purposes of enforcing this bylaw, the individuals employed by Barrie and filling the positions set out in Schedule "B" are hereby designated as Officers pursuant to the provisions of this by-law and the Clerk is authorized to issue Certificates of Designation to these individuals. 12. tNSPECTlONS BY AN OFFICER OTHER THAN A MUNtCIPAL BY-LAW ENFORCEMENT OFFICER (a) During dayiight hours and upon producing a Certificate of Designation, an officer, other than a Municipal By-law Enforcement Officer, may enter and inspect any land to which this by-law applies. A Municipal By-law Enforcement Officer may enter and inspect any land to which this by-law applies at any time. (b) Any person who obstructs an officer in carrying out an Inspection under this by-law is guilty of an offence. 13. ENFORCEMENT (a) This by-law may be enforced by any person designated as an officer for the purposes of this by-law; (b) M officer may, in carrying out an inspection be accompanied by an assisting person. 14. ORDERS (a) Where an officer is satisfied that a person has contravened any provision of this by-law, the officer may make an order requiring the person to stop the injuring or destruction of trees and shall set out the particulars of the contravention. The order shall set out the information contained in Schedule "'C". (b) Where the Director is satisfied that a person has contravened any provision of this by- law, the Director may make a repair order requiring the person to rehabilitate the land or to plant or replant trees in such a manner and within such period as the Director considers appropriate, including any silvicultural treatment necessary to re-establish the trees. (c) An Order issued under this section may be served personally or served by sending it by mail to the last known address of; (i) the owner of the Woodlands; and (ii) the person identified as injuring, destroying or harvesting a tree or trees. (~) \Vhere service of an Order is made by mail, service shall be deemed to have been served on the fifth day after the order is mailed. (e) Where service cannot be carried under section 8, subsection (b), it is deemed sufficient if the Officer p~aces a placard containing the terms of the Order in a conspicuous place on the affected lands and the placing of the placard shall be deemed to be sufficient service of the Order on the person to whom the Order is directed. (f) A person to whom an order under this section has been directed may appeal the order to Council by filing a written notice of appeal with the Clerk within 30 days after the date of the order. Council may confirm, alter or revoke the order. (g) As soon as practicable after a notice of appeal is filed, council shall hear the appeal and may contim, alter or revoke the order and the decision of Council shall be final. l 8 Bill No. 123 15. PENALTY (a) Any person who contravenes any provision of this by-law, contravenes the terms or conditions of a permit, or an order issued under Section 8 is guilty of an offence and on conviction is liable. (i) On a first conviction to a fine of not more than $10,000.00 or $1,000.00 per tree, whichever is greater; and (il) On any subsequent conviction to a fine of not more than $25,000.00 or $2,500.00 per tree, whichever is greater. (0) If a person is convicted of an offence for contravening this By-law or an Order issued under section 14, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may order the person to rehab1l1tate the land Of to plant or replant trees in such a manner and within such period as the court considers appropriate, including any sHvicultural treatment necessary to re..establish the trees. 16. CONFLICT WITH OTHER BY-LAWS (a) If there is a conflict between this by-law and a by-Jaw passed under the Forestry Act Of Municipal Act, the provision that is most restrictive of the injuring or destruction of trees prevails; (b) Nothing in this by~law shall exempt any person from complying with the requirements of any by-law in force or from obtaining any license, permission, permit, authority or approval required under any by-law or legislation. 17. ADMINISTRATION (8) Schedules "'A- C" shall form part of this By-law. (b) If any section or sections of this By-law or parts thereof are found by any Court to be illegal or beyond the power of the Council to enact, such Section or Sections or parts thereof shall be deemed to be severable and all other Sections or parts of this By~law shall be deemed to be separate and independent there from and continue in full force and effect unless and until similarly found illegal. (c) The short title of this By-law is the ~Private Tree Preservation By*law". (d) By-law 2002-12 of the Municipality of the City of Barrie shall be repealed effective on the coming into force and effect of this By-Jaw. (e) Despite subsection (d) of this section, By-law 2002-12 of the Municipality of the City of Barrie shall continue to apply to proceedings in respect of offences that occurred before its repeal. THAT this By-law shall come into force and effect upon the day of passing thereof. READ a first and second time this 13th day of June, 2005. READ a third time and finally passed this 13th d C'io/'K . JOHN R. SISSON 0c- 9 Bill No. 123 SCHEDULE 'A' Information Required for Application 1. Name, address and telephone number of all owners 2. Signature or authorization of all owners 3. Name, address, and telephone number and qualifications of RLA, RPF or qualified forest technician submitting report as part of application 4. Names, address, and telephone number of person retained to perform work on trees under permit, and contact name if corporation or company 5. Fax numbers and e~mall addresses for the owner(s), RLA, RPF, qualified forest technician and person performing work on trees where avaIlable 6. Municipal address of property (if assigned) 7. Legal description of property AND 8. A Tree Inventory and Preservation Plan prepared and signed by a RLA containing but not limited to: (a) a general description of the history of use of the property. (b) importance of the property to the surrounding landscape. (c) a key map of the property showing the location of the property within the City of Barrie, (d) a detailed inventory map of the property showing the property boundary, vegetation type boundaries, adjacent property vegetation, fences, road, access roads or trails, hydro lines, utility lines, windbreaks, watercourses, grass fields, railways, buildings, towers, bridges, quarries, dams, treed floods or swamps, mines, brush, marshes, debris piles, shallow rocky areas, orchards, hazard areas, developed agricultural lands, plantations, and woodland areas. (e) details with respect to soil types, topography, physical features, water features, drainage, access, wildlife, existing grading and proposed grading and an inventory of trees and tree regeneration, and the method of assessing the inventory of trees with respect to each distinct area or compartment within the woodlot (f) an analysis and prescription for each vegetation area regarding preservation, conditional preservation, removals and revegetation in accordance with the establishment or extension of a use permitted by the Zoning By-law (g) a map showing the extents of the areas of preservation, conditional preservation, vegetation removals and restoration where applicable (g) a prescription for tree preservation measures, including monitoring, notes, specifications and details for the duration of active development on the property. OR 9. A Woodlot Management Plan and/or Managed Forest Plan prepared in accordance with all applicable Federal, Provincial and Municipal laws which is certified by a Registered Professional Forester and includes, but is not limited to: (a) a general description of the history of use of the property. (b) importance of the property to the surrounding landscape. (c) a key map of the property showing the location of the property within the City of Barrie. (d) a detailed map of the property showing the property boundary, vegetation type boundaries, fences, road, access roads or trails, hydro lines, utility lines, windbreaks, watercourses, grass fields, railways, buildings, towers, bridges, quarries, dams, treed floods or swamps, mines, brush, marshes, debris piles, shaliow rocky areas, orchards, hazard areas, developed agricultural lands, plantations, and woodland areas. ~ c-\ 10 Bill No. 123 (e) details with respect to soil types, topography, physical features, water featl,.lres, drainage, access, wildlife, and inventory of trees and tree regeneration, and the method of assessing the inventory of trees with respect to each distinct area or compartment within the woodlot which may be sUbject to different considerations in accordance with good forestry practices. (f) a descdption of the short term and long term objectives of the landowner with respect to environmental protection, income/investment from the woodlot, wildlife habitat, recreation, forest products, or other objectives, the priorities assigned to these objectives and the plans for accomplishing these objectives (9) a silvicultural prescription for each forest compartment within the woodlot including a description of any trees to be injured, destroyed or removed, together with a statement that the silvicultura! prescription is in accordance with good forestry practices. \Jc -itJ 11 Bill No. 123 SCHEDULE '8' Appointment of Officers The following persons are designated as officers with authority to administer this by-law, and the Clerk is authorized to issue a Certificate of Designation confirming such appointment as is appropriate from time to time: Director of Leisure, Transit and Works Manager of Parks, Leisure and Culture Superintendent of Parks Planning and Development . Urban Forester employed by the City of Barrie . Landscape Architectural Technologists employed by the City of Barrie . Such other person(s) employed by the City of Barrie as may be appointed by the Director of Leisure, Transit and Works ""J I ~ Bill No. 123 SCHEDULE 'C' STOP WORK ORDER YOU ARE HEREBY DIRECTED AND ORDERED TO forthwith stop, hat!. cease, and desist from any and all works associated with the destruction of trees or removal thereof from those lands comprising; MUNICtPAL ADDRESS I LEGAL DESCRiPTION OF THE PROPERTY: LOT: CONCESSION: MUNtCIPALlTY: OWNER I INDIVIDUAL RESPONSIBLE FOR DESTRUCTtON OR INJURY OF TREES: DESCRIPTION OF INFRACTtON: Date of Inspection: Effective Order Date: TO Signature of Officer: Date: Pursuant to By-law {2005--##} Section 14, subsection (f) Where the person to whom the Order is directed has been served in accordance with this By-law is not satisfied with the terms of the Order, the person may appeal to Council by filing Notice of Appeal by per~onal service or certified mail to the Clerk within 30 days after the date of the Order. {Contact Information, Phone Number} Copy to: By.law Enforcement, Director, Consultant, Planning, Engineering, Clerks - \ Dept. Report No. To: Prepared By: ADM 2005-050 Committee of the Whole Marilyn Pennycook Subject: Department: Council Clerk's Department Request for Exemption - C.ofW. Warminster Annual Date: October 12, 2005 Remembrance Day Parade Motion # A.M. File #: M02-02390 Date: RolI#: TOWNSHIP OF ORO-MEDONTE REPORT II BACKGROUND: II By-law No. 99-41 regulates the holding of parades or processions/events in the municipality. Section 8 of the above mentioned by-law permits that in a situation where a parade or procession/event will last for less than 24 hours, Council may dispense with any or all of the requirements of the by-law. The Royal Canadian Legion of Branch 619, Warminster plan to hold a Remembrance Day Parade on Sunday, November 6,2005 at 1 :30 p.m. II ANALYSIS: II Mr. N. (Mac) McDougall, Secretary, Royal Canadian Legion, Cahiague Branch (Ontario #619), has supplied information regarding insurance coverage for this event, and has indicated that police have been assigned to direct traffic (Attachment #1). This parade is a yearly event, and the Legion has received Council permission to hold the parade in the past and waive the conditions of By-law 99-41. The parade route begins at 1 :30 p.m. in the Village forming up on Demont Drive, marches along the Hwy. 12 to the Legion Cenotaph where the Remembrance Day Ceremonies will commence. \,y.d--?- II RECOMMENDATION(S): II 1. That Report No. ADM 2005-050 be received and adopted. 2. That an exemption to By-law No. 99-41 be granted to The Royal Canadian Legion of Branch 619, Warminster to hold a Remembrance Day Parade on November 6, 2005 commencing at 1 :30 p.m. 3. And Further That the applicant be notified of Council's decision. Respectfully submitted, 4 ~{)Q. ./1 f',-~ervL I' 0 d Marilyn Pennycook, Clerk C.A.O. Comments: {)u) Date: f)J r:.:/OS/ C.A.O. Dept. Head - 2 - \ THE RO,\"AL (~ANADIAN LEGION CAlllAGUE BRANCH (ONTARIO #619) GENERAL DELIVERY, WARMINSTER ONTARIO, CANADA LOK 2GO 1\T\ C,\ '- \. f\'\ ~ \:\ '&. t September 26,2005. Mrs.Marylyn Pennycook, Township Clerk, Townshipof Oro-Medonte, Oro, Ontario. ...........-..-1 RE 'IrVID I OCT 0 4 2005 I ORO-MEOONTE ,i TOWNSHIP Dear Mrs.Pennycook : Please be informed that Branch 619 of the Royal Canadian Legion, Warminster, will be holding their annual Remembrance Day Ceremonies on Sunday, November 6th. Kindly consider this letter a request for exemption from By-law # 99-41, so that we may also have our usual Parade. The Parade will start at 1.30 p.m. in the Village. It will form up on Demont Drive, then march along Highway 12 to the Legion Cenotaph, were the Ceremonies will commence. Our Insurance Agent is Programmed Insurance Brokers, Lindsay, Onto We are fully covered for any mishaps. We will also have 2 O.P.P. officers directing Traffic. If you are in need of any further information, please call m'e at 327 -7809. Yours truly, ^~ N.(Mac) McDougall, Secretary. ~ \.0-12-\ TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. To: Prepared By: FD 2005-16 Committee of the Whole Lynn Burness, Secretary Fire and Emergency Services Subject: Department: Council Oro-Medonte Fire and Fire Report for Month of Emergency Services C.ofW. August, 2005 Date: September 30, 2005 Motion # R.M. File #: Date: RoII#: DATE STATION TIME TYPE LOCATION DAMAGE Station #4 Tree Fire, Hit by 1474 Line 13 North AUQust 1, 2005 Ruobv 14: 51:22 Liohtnino Station #3 Burning Complaint 2 Seneca Lane Auaust 1, 2005 Horseshoe 22: 15:00 Station #2 Multi Motor Vehicle Highway 11, at Line 11 Auaust 3, 2005 Hawkestone 12:37:00 Accident Station #4 Carbon Monoxide 1743 Old Barrie Road Auaust4,2005 Ruabv 08: 15:53 Detector Call East Station #4 Carbon Monoxide 1743 Old Barrie Road AUQust 4, 2005 Ruobv 09:29:00 Detector Call East (2nd Cain Station #3 Medical Assist 41 Ironwood Trail Auaust 5, 2005 Horseshoe 08:24:00 Call \si~- F.D. Report 2005 -16 DATE STATION TIME TYPE LOCATION DAMAGE Station #1 Carbon Monoxide 265 Line 5 North August 5, 2005 Shanty Bay 17:50:00 Detector Call Station #5 Electrical Overheat 5164 Line 11 North August 5, 2005 Warrninster 15:31:41 In Sauna Wall Station #5 Medical Assist 12 Ward Ave. Auaust5, 2005 Warminster 16:29:00 Call Station #1 Trailer Fire, Highway 11 NIB, @ UNKNOWN I Auaust6,2005 Shanty Bav 13:20:00 Fully Involved Line 1 1997 Model Station #2 Burning Complaint, #10 Bassarab Place Auoust 7,2005 Hawkestone 11: 34: 00 Fire was out Station #1 Alarm - No Fire, 27 Winfields Drive August 7, 2005 Shanty Bay 18: 10: 00 Accidental, Cooking Station #1 Motor Vehicle Highway 11 NIB, @ August 8, 2005 Shanty Bay 14:23: 55 Accident Line 2 Station #1 Medical Assist Government Dock Auaust8,2005 Shanty Bay 15: 51: 00 Call Station #3 Smell of Natural 34 Alpine Way Auoust 10, 2005 Horseshoe 11:09:00 Gas Station #2 Structure Fire, 568 Line 11 South, $ 50,000.00 L Auoust 10, 2005 Hawkestone 14:28:00 Cabins at Camp Camo Sokil $300,000.00 S Station #1 Carbon Monoxide 265 Line 5 North I August 10, 2005 Shanty Bay 18: 10:03 Detector Call I Station #5 Motor Vehicle Highway 12 and Bass I , Auaust 10, 2005 Warrninster 18:23:30 Accident Line I Station #6 Motor Vehicle Highway 400 SIB, N. of i Auaust 10, 2005 Moonstone 18:26:48 Accident Mt. SI. Louis Road ! Station #2 Tree Fire Camp Sokil, 568 Line I Auoust 10, 2005 Hawkestone 19: 31: 00 11 South Station #4 Medical Assist 828 Line 11 North August 10, 2005 Ruobv 21:24:06 Call Station #2 Multi Motor 79 Ridge Road West Auaust 11, 2005 Hawkestone 08: 33: 00 Vehicle Accident at Line 7 Station #5 Burning Complaint 2045 Warminster Auaust 14. 2005 Warminster 19: 41: 04 Side Road Station #5 Motor Vehicle Off Highway 12 in Auoust 15, 2005 Warminster 22: 57:55 Accident Farmers Field Station #5 Possible Structure In Severn's Area, August 17, 2005 Warrninster 13: 11: 15 Fire Stood Down i Station #2 Motor Vehicle Highway 11 at Line August 18, 2005 Hawkestone 00: 32:00 Accident 9 North Station #3 Motor Vehicle Line 4 and Bass Lake Auaust 19,2005 Horseshoe 17:42: 12 Accident Side Road Station #3 Medical Assist Hardwood Hills, Auaust23, 2005 Horseshoe 13: 01: 00 Call Old Barrie Road Station #2 Structure Fire, 31 Booth Street $ 5,000.00 L Auoust24,2005 Hawkestone 14:00:00 Garaoe $ 15,000.00 S l(l% F.D. Report 2005 -16 DATE STATION TIME TYPE LOCATION DAMAGE Station tf6 Medical Assist 383 Peter Street West AUQust24,2005 Moonstone 14: 30:48 Call Station #1 Rubbish / Garbage 1532 Highway 11 South i AUQust24,2005 Shanty Bav 16:26:04 Fire I Station #5 Medical Assist 1648 Warrninster Side i Auaust 25, 2005 Warrninster 15: 02:08 Call Road Station #1 Medical Assist 1013 Penetanguishene Auaust 25, 2005 Shanty Bay 15:24: 07 Call Road Station #4 Smell of Gas Old Barrie Road and Auaust 25, 2005 Ruaby 18:08: 00 Line 13 North Station #2 Motor Vehicle Highway 11 at Line AUQust26,2005 Hawkestone 00:02: 00 Accident 7 North , Station #2 Medical Assist 995 Lakeshore Road AUQust 26, 2005 Hawkestone 10:00: 00 Call East Station #2 Burning 15 Shoreline Auaust28, 2005 Hawkestone 12: 19: 00 Comolaint Station #2 Motor Vehicle 641 Line 7 South Auaust29,2005 Hawkestone 14:48:42 Accident i Station #4 Medical Assist 212015/16 Side Auoust 30, 2005 Ruobv 17:25: 07 Call Road East Station #1 Report of Vehicle Highway 11 at Line 6 AUQust30,2005 Shanty Bav 19: 14: 00 Fire, Nothino Found Station tf6 Motor Vehicle Highway 400 at Mt. Auaust 30, 2005 Moonstone 01:24: 06 Roll Over St. Louis Road Station #2 Bur~~~ 486 Lakeshore Road Auaust 31,2005 Hawkestone 11:48:27 Com aint Structure and Vehicle Fire Dollar Value Lost Dollar Value Saved $ 55,000.00 $ 315,000.00 Medical Calls 2005 10 2004 21 Monthlv Fire Report for Auaust. 2005 \n~- Trainina Sessions Station #1 Station #2 Station #5 Shanty Bay Hawkestone Warminster 2 2 2 Station #3 Station #4 Station #6 Horseshoe Rugby Moonstone 2 2 2 Inspection Record for the Month (includina Fire Prevention / Public Education) Commercial 3 Residential/ Bed & Breakfast 8 1 Schools / Assembly / Church Daycare / Camps I Hall Tours 5 Industrial I Mercantile 7 Wood stove 7 Comments or Recommendations bv Fire Chief and/or DePuty Fire Chief Extra trainina / Seminars and Events Attended Emergency Measures of Ontario Meeting Firefighter's Association Meeting Fire Chiefs Meeting Meeting with Point to Point Communications (RE: fire communications) All Pumper Apparatus being tested Respectfully submitted, Joe Casey Director of Fire and Emergency Services C.A.O. Comments: Date: C.A.O I..s:::. I ,cn - I Dept. Report No. To: Prepared By: PR2005-08 Council Chris Carter Subject: Department: Council Update re: Goose Control at Parks and Recreation Bayview Memorial Park C.ofW. Date: September 28, 2005 Motion # R.M. File #: Date: RolI#: TOWNSHIP OF ORO-MEDONTE REPORT II BACKGROUND: II At the Committee of the Whole dated September 14, 2005, it was Council direction that staff prepare a report with respect to an update regarding the "goose control services" at Bayview Memorial Park. II ANALYSIS: ~ Staff requested that Mr. Hoesterey (Golden Creek Bird Farm) provide staff a written report/comments regarding the 2005 season and recommendations/solutions for 2006 season. The report is attached for Council consideration (attachment #1). The total fee incurred for Goose/Bird Control at Bayview Mernorial Park from July 15\20005 to September 5th,2005 was $5,000.00. II RECOMMENDATION(S): I 1. THAT Report No. PR2005-08 be received for information only. 2. AND, That staff bring forward a strategy for Council consideration during the 2006 budget deliberations. Respectfully submitted, /L/~ 'LJ) t~V-J~ ctz/? 10 \ . cX.:~ f^'- O\\. ,hJ ".""". v u'" Chris Carter Manager of Recreation and Community Services Conclusion for the summer of 2005: Memorial Park is a beautiful location, not only for visitors but for birds too. Sandy beach, green grass, bush land left and right and rocks close to the shoreline. Exellent area to breed and to raise goslings and ducklings. When we started out in July, 80% of the birds had hatched their brood already 1 If they are bonded to the area they are not moving anymore, they stay until they are able to fly. That's the problem for Memorial Park ! At this time (End of August and the month of Sept.) no birds, exept gulls hanging aroundl PS: Problem at this time: Dogowners running the dogs every morning and evenings, the Park becomes a playground for dogsil! Solution for 2006: Start for Bird-Control has to be in April ! Controlling the surrounding bushland, find the nesting sites, spray the eggs, that nothing is hatching, do it again a week later, and so on for the entire month of April and the beginning of May. After Mayan aggressive control with dogs, distress calls, pyro- devices and live birds of prey. That will solve the problem and visitors c-an enjoy sun-bading and swimming, without beeing bothered by pesty birds or fecal droppings. Let's talk about it soon. ~ regards, ~.' _ ~ ~ - +"2::> , \~ Friedhelm & Dirk Hoe s tel "Golden Creek" Bird Farm /~ b~j ~~~d ~ Hello Chris: @ {!J:i.UN."! ({)U / ,,),As:- . I have received a number of concerns regarding the goose problem at Bayveiw Memorial )SJtJ-. ParJl:. I responded to individual callers that the Township had hired an individual to keep .,"', ' tl1e;~eeseout 9f th,epark as of July 151 . The reply that I received was that other than a ';1", ,)'/::;"cqu,'pleoftinleseafly inJuly, no one has been seen doing this job. I asked the resident near the park" who usually goes for an early morning walk in the park to monitor the situation and get back to me. After almost two weeks of monitoring, the resident reported that the geese have been in the park every morning and seem to have no fear of i!;}~~~4~f';~i.~~!lq~t~;r;;veIl;~~Atp,ey 'Yal\<'l!Jl)Q,Qgctn!< f,lQ.ck. Ihl!4,@v~nb>'tl1eJJ<\T\l:i,~'.SQMple of times , "." ',,""yc" cfUr'in:g The same period later in the day and saw the flock of geese in the Park as well. This morning Friday, July 22; I visited the park and took the attached photos. FL.L ," l~edwitl1Woyouth who say that they are at the park every day; the geese are always ,.i\'.,;'~;~;~~i,tlMeandffieyhaven,ever'Seeil anyone, especially someone with a dog, trying to get the '" , geese to leave. Two other adults who were along the beach also confirmed this. Thy lll110unt of debris from the geese provides clear evidence that the geese are spending gre'atperiodsoftinle in the Park. obviously something has gone wrong with the program. From my perspective it is ~porumt that the individual contracted should NOT be paid, as he is NOT doing the job. , Ifl'falsoeYidentthat some other action should be taken. Although it is not possible to li~W~RtJli~tN~~&S!~?~l~~l[f:es~~:,~h~~?,~ 81e,~Iy,is~0",tl1~t ,s~~e cleanup would ]&;,:g1W~llliV'e!iiotified the public that the Township has taken action to solve the goose probiem at the park and it is clear that this commitment has not been carried out, it is important that Council be provided with information relating to why the program has not qeeii'successful to date and what future interventions will take place. t have forwarded the photos to provide clear evidence that the geese still call the park t h',,::. .,".,:. ',' . ,. jiOlneand the nature, of the debris. , ' tk,ti#k'YQl,(f~rx<?ur.~ttenti(:mto this matter., ",' t1-lCrl: antlIH",~' ..\n\L ')l:\\ ;,~,_,_'ld'~\'-'" ,~!h.~ ,,,!,\...,~;,r'~(-'i)ii\..'" "i, ..". "_"', -'. I pepl:ltY'Mayor Hughes ",' '~t S (: ,\~:an .t~f have. a-rosi1 1\';;,; nnn;-H! ,~ \",t' ;-1_'-' j hanL D,~!\;;)\ ~~-\ Dept. Report No. To: Prepared By: PR2005-09 Council Chris Carter Subject: Department: Council Update re: Carley and Parks and Recreation Warminster Hall C.ofW. Date: September 28, 2005 Motion # R.M. File #: Date: RolI#: TOWNSHIP OF ORO-MEDONTE REPORT 'I BACKGROUND: II At the Committee of the Hole of September 14, 2005, Council requested an update with respect to the "day to day" operations of the Carley Hall and Warminster Hall. II ANALYSIS: II Staff have reviewed the Community Halls Financial/Usage Statements forms and offer the following for Council's consideration; Carlev Community Hall Carley Community Hall has had an average of eight bookings per year over the past three years and is not available to rent during the winter months. To date the hall has had four (5) private rentals and three (3) special events/fundraisers. The Carley Community Hall is at a deficit of -$841.89. The Carley Hall Board members are active and are perusing new initiatives to increase the usage/revenues of the Hall. During the 2005 budget deliberation Council approved a 50/50 Capital project to renovate the kitchen in the arnount of $3,500.00, at this time the dedication of funds have not been requested. ****** Attached for Council consideration is a copy of the Hall Financial Ledger (Attachment #1). Warminster Community Hall c\ - Warminster Community Hall has had an average of seven bookings per year over the past three years and is open year round. To date, the hall has had four (4) private rentals and three (3) special events/fundraisers. The Hall has incurred a deficit for the past three years, and has no reserves. The Warrninster Community Hall is at a deficit of -$7,062.75. Presently the Warminster Hall Board members are realigning the duties and responsibilities. Staff will be reporting back to Council with respect to the "day to day" operations during the 2006 budget deliberations. No capital funding was approved in 2005. ******* Attached for Council consideration is a copy of the Hall Financial Ledger (Attachment #2). II RECOMMENDATION(S): I 1 . THAT Report No. PR2005-09 be received for information only. 2. AND, that staff report back to Council with respect to the "day to day" operations of the Hall during the 2006 budget deliberations. Respectfully submitted, /~~ Chris Carter Manager of Recreation and Community Services C.A.O. Comments: Date: (;Df\)J>>- I C.A.O. Dept. Head - 2 - Carley Hall Statement of Operations as at August 31,2005 AffACIf !foir I! I REVENUE Rentals Other EXPEND/TURES Operating Hydro/Fuel Repairs - Outside Forces Water testing Insurance TOTAL 1,271.32 108.00 187.80 305.46 1,872.58 TOWNSHIP SHARE 305.46 305.46 314.51 477.55 792.06 1,271.32 108.00 187.80 0.00 1,567.12 Surplus / (Deficit) Deficit - beginning of year Deficit as at August 31 ,2005 prepared by Paul Gravelle, Treasurer 20-Sep-05 -775.06 -66.83 -841.89 Warminster Hall Statement of Operations as at August 31,2005 Itrr/Klfl1Etlr /ld, REVENUE Rentals Other 341.10 0.00 341.10 EXPENDITURES Total Township Share Operating Hydro/Fuel Insurance 1,634.98 232.38 1,867.36 232.38 232.38 1,634.98 0.00 1,634.98 Surplus / (Deficit) (1,293.88) (5,768.87) Deficit - beginning of year (7,062.75) Deficit as at August 31,2005 prepared by Paul Gravelle, Treasurer 20-Sep-05 , I I~~:' " l] frorn 8\ ij'Jn Qsr '\ I,rre . . (:'1'; _ "__'~_'_" ~ i') ~51tl-hJeJ ~ ~erL 6z~d Ct;xJ Ado (Jd /o:z/or; /xl i:.:A,L-_,!C ues that at j'eaiiZeC1 i [)isuict 6nh.... +i-;..-/ ;--'" -::or(,::: '-; _~ i\i at Ii II is ,', - ,A.ren a tp i.~' H- ,- ':,_h ,,-- -_~-iU'_- '.::;, be tsrine cJ is E'" em" at the -d ':U'__'I j"eun! -)pc; ;:;p: v',~(j 3~; S '''''' " (Ji-je he>- tr-iC,:::e p" i! ;-Iei/V iT '"I C)rc-rV1eC1C ______ ;;:S''-.L ~ ,n L ,r ~, L" ! - n'=;j(lPr ,:::uri-' ;-,,;n ;:"""0' I ~i~i'~~(i~;i;~y'e eteDe i _ I !~=~)i;~::i'?unCii :,:: 2!i/\ 31'S Iv'.,/!? have I I ::' C~', ;~r-;~C~'~J(rUi: n:~ arr": .... I i If'iS: k \/CU 'i' IoCr "'cie: I" _ I cr':" ~" e'0' CC_ " ','It-,' !Ites i~-t-, j i;e .' ,- -it:' tneI i___:cunC!' 'J,r';3i'v'G rne (Silta! fee fer the Arena ";'c ;--;' -:,; "^' -L - '. ... _ '3!nT ci-"_,' 'LlO IO' ,tJtain T,.~.r :C-;f,-, '-.:::0 : c-c",~, L':'jL !C:t L"_ ik (~>U(l beck im() tr~ie ;'::'j!,' n"ii;:, P /8nt'In:: ce J rsctsCJ to'; ford sport; anc1 rsc eaLicn ;::o.:;t-:oh I';n 80 a "'-' rej;'-' ':j-'i'C-;i -",.rp\i>?'" IL I'::' ;." U '-' -'-,8 in or- ."-'\U ""r";" an S\isnt or to j, '"~ lOr 'A Ie: aiternar V8S fc:<r -"ILi'iii L :e next fev'.i V-,ie8~ , , 'i _~, '"i>? "ati;J'-' runner lQ-1 TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. To: COMMITTEE OF THE Prepared By: WHOLE PW2005-18 Jerry Ball Subject: Department: Council Line 12 North from Old Barrie Public Works C.ofW. Road to Bass Lake Sideroad - Date: Request for Non-Truck Route October 6, 2005 Motion # R.M. File #: T06-23710 Date: RolI#: II BACKGROUND: ~ Hillway Equipment Ltd. has recently been granted a licence by the Ontario Municipal Board to operate a gravel pit on Part of Lots 8 and 9, Concession 12 and on Part of Lot 9, Concession 13, in the Township of Oro-Medonte. As a condition of the O.M.B., Hillway Equipment Ltd. has now entered into a Road Improvement Agreement with the Corporation to use Line 12 North, between Old Barrie Road and the Bass Lake Sideroad, as a crossing between the different areas of the proposed pit. This road crossing will be located approximately 0.6 km. from Old Barrie Road and 1.8 km. from the Bass Lake Sideroad. Through the process of licencing this property as a gravel pit, local residents were concerned with the possibility of truck traffic entering and exiting Line 12 North at the Old Barrie Road intersection and using Line 12 North as a north-south haul route. II ANALYSIS: ~ In considering the concerns of the local residents and reviewing the 2.4 km. of Line 12 North for sight line distance, it is recommended that Line 12 North from Old Barrie Road to the Bass Lake Sideroad be posted as a "non-truck route". This would also eliminate empty trucks from using Line 12 North to gain access to or exit the newly licenced pit. , Iq-:;) II II RECOMMENDATION(S): 1. THAT Report No. PW2005-18 be received and adopted. 2. THAT the Clerk be authorized to prepare the necessary By-law to create a "non-truck route" on Line 12 North from Old Barrie Road to the Bass Lake Sideroad. 3. AND THAT the Public Works Department installs "non-truck route" signs on Line 12 North. Respectfully submitted, ~ Jerry Ball Public Works Superintendent /cp~.o' Q~ ~.~ ./ r \'\\O\" Oc1 '\ - 2 - 1~~ \ TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. To: COMMITTEE OF THE Prepared By: WHOLE EES2005-35 Keith Mathieson Subject: Department: Council Big Cedar (Oro) Residents Engineering and Association - Water and Environmental Services C.ofW. Wastewater Systems Date: Operations Agreement October 5, 2005 Motion # R.M. File #: EOS-2969 Date: RolI#: II BACKGROUND: II At the Committee of the Whole meeting held on April 27, 2005, Report #EES2005-20 was received and adopted by Council (attached for Council's perusal) recommending that Township staff operate the water and wastewater systems at Big Cedar Estates starting May 1,2005 and that Township staff prepare an Operations Agreement between Big Cedar (Oro) Residents Association and The Corporation of the Township of Oro-Medonte. II ANALYSIS: ~ The Operations Agreement has been prepared using the same template as the Agreement with the Lake Simcoe Regional Airport, incorporating comments received from Mr. Chris Williams of Aird and Berlis, and has been signed by Big Cedar (Oro) Residents Association. II RECOMMENDATION(S): II 1. THAT Report No. EES2005-35 be received and adopted. 2. THAT the Township of Oro-Medonte enters into a Water and Wastewater Systems Operations Agreement with Big Cedar (Oro) Residents Association. 3. THAT the Clerk prepares a By-law for Council's consideration. 1 4. AND THAT Big Cedar (Oro) Residents Association be notified of Council's decision. Respectfyll~ submitted, 'X' : \ \ \, ~ j \ j !-X.,/ Keith Mathieson Director of Engineering and Environmental Services .~f\' \-....> A.. \ .' / \ wr... f. 7\ {} '. V ! .,. ,'" - 2 - \ \ , . TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. To: COMMITTEE OF THE Prepared By: WHOLE EES2005-20 Keith Mathieson Subject: Department: Council Operation of Big Cedar Engineering and Estates Water and Waste Environmental Services C.ofW. Water Plants Date: April 21, 2005 Motion # R.M. File #: Date: RolI#: ~ BACKGROUND: ~ At the Regular Committee of the Whole Meeting held on January ,12,2005, correspondence was received by the Big Cedar (Oro) Residents Association requesting the possibility of the Township of Oro-Medonte assuming responsibility for the operation of their water and waste water systems. Staff was authorized to investigate and report back to Council. t ANALYSIS: t After a site visit by Mr. Keith Mathieson, Director of Engineering and Environmental Services; Mr. Fred MacGregor, Environmental Services Foreman; and Mr. Gary Watson, Operator, to inspect the water and waste water facilities, and to review Big Cedar Estates Certificates of Approval and Permit to Take Water, the attached proposal dated February 3,2005 was presented to the Big Cedar (Ore) Residents Association. By way of correspondence dated April 14, 2005, Big Cedar (Ore) Residents Association notified the Township that they agree to the proposal dated February 3, 2005. Big Cedar Estates are requesting the Township to start operation responsibilities of their water and waste water systems on April 30, 2005, upon Council's approval and prior to entering into an Agreement, which shall not be detrimental to the Township. '. . ~~ ~l\ ~ RECOMMENDATION(S): 1. THAT Report No. EES2005-20 be received and adopted. 2. THAT the Township of Oro-Medonte enters into a Water and Waste Water System Operations Agreement with Big Cedar Estates to operate their water and waste water systems, as outlined in the correspondence dated February 3, 2005. 3. THAT Big Cedar Estates be advised that a Township overtime rate will be applicable and considered in the Agreement. 4. AND THAT Big Cedar (Oro) Residents Association and Ministry of the Environment (Barrie Office) be notified of Council's decision. /~ / \ / I R't:a:"bm~'d Keith Mathieson Director of Engineering and Environmental Services - 2 - .. BIG CEDAR (ORO) RESIDENTS ASSOCIATION WATER AND WASTEWATER SYSTEMS OPERATIONS AGREEMENT WITH THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE -\..0 BIG CEDAR (ORO) RESIDENTS ASSOCIATION WATER AND WASTEWATER SYSTEMS OPERATIONS AGREEMENT This Agreement made, in triplicate, this day of ,2005. BETWEEN: BIG CEDAR (ORO) RESIDENTS ASSOCIATION Hereinafter referred to as the "Owner" - and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter referred to as the "Township" WHEREAS the Owner has constructed a water and wastewater supply and distribution system to service Big Cedar Estates Mobile Home Park. WHEREAS the Owner has obtained Ministry of the Environment Permit to Take Water #91-P-3105, contained in Schedule B, for Well No.4, which supplies water to this system. WHEREAS the Owner has obtained Ministry of the Environment Certificate of Approval #7-1016-90-916, contained in Schedule C, for the water supply and distribution system. WHEREAS the Owner has obtained Ministry of the Environment Certificate of Approval #3155-68UQ33, contained in Schedule D, for the operation of the sewage works. WHEREAS the water and wastewater systems are to be operated in accordance of the Ontario Water Resources Act, R.S.O. 1990, Chapter 0.40, as amended (the "Act"). WHEREAS the Owner requested the Township to conduct testing and operation of their water and wastewater systems in accordance to the "Act". - Page 2 - Big Cedar (Oro) Residents Association Water and Wastewater Systems - Operations Agreement Therefore, the parties to this Agreement agree to the following: 1. The Township shall operate Big Cedar Estates' water supply and distribution system, and wastewater pumping station and distribution system, utilizing licenced operators, in order to meet the requirements of the Ontario Water Resources Act. 2. The Township shall be responsible for all testing, in order to meet the requirements of the Certificates of Approval and the Safe Drinking Water Act, 2002. 3. The Township shall be responsible for the following operating requirements: WATER .:. Daily (seven days/week) grab sample testing of the chlorine residual at the pumphouse and in the distribution system; .:. Weekly microbiological sampling in the distribution system; .:. Weekly sampling of raw water. During the daily grab sampling, Township staff would record well flows, distribution flows, check operation of well and pump house, make any minor adjustments, add chlorine, and record all information in a log book to be located in the pumphouse; .:. Chemical testing requirements, as per Schedule 13 of Reg. 170/03 and your present Certificate of Approval, would be completed by Geospec Engineering Ltd. in conjunction with Township testing; .:. All repairs to the distribution system would be completed by the Owner's staff. Township staff would be notified of these repairs and would be responsible for operating any valves or hydrants; .:. Any repairs to equipment within the pumphouse or well house would be the responsibility of the Owner. Any repairs completed by Township staff upon approval by the Owner would be charged to the Owner at an hourly rate, plus materials; .:. Calibration of flow meters annually; .:. Water testing for the Club House, as per O.Reg. 252/05. ,i~~~ Page 3 - Big Cedar (Oro) Residents Association Water and Wastewater Systems - Operations Agreement WASTEWATER .:. Daily recording of lagoon effluent flows to spray fields; .:. Grab samples of lagoon effluent (ahead of spray irrigation), monthly, at the beginning of, and during each month, of the spray season; .:. Grab samples of groundwater, three times each year, from each of the monitoring wells, prior to, middle, and end of each spray season; .:. Two (2) soil samples from the spray irrigation, collected annually, prior to spray season; .:. PH monitoring bi-weekly; .:. Monitor flow daily to spray field to ensure the capacity of 457.5 cm/day is not exceeded; .:. Quarterly sampling of raw effluent. 4. The Owner shall be responsible for all reporting required by the M.O.E. and to the public, in keeping with the Ontario Safe Drinking Water Act and the Certificates of Approval. 5. The Township will invoice the Owner at an hourly rate of $55.00 for regular working hours and $70.00/hr. for work performed outside of regular working hours and statutory holidays, on a quarterly basis. 6. The Township will provide the Owner, in November, with information relating to the operation and maintenance of the water system, required to prepare the annual budget, for the Owner's approval. 7. The Township shall report to the Owner: i) All water testing results, including actions taken to remedy any anomalies; ii) Any non-routine system repairs, including costs. 8. The parties agree that the Owner shall hold the Township harmless, shall indemnify the Township against all actions, claims, charges, fines, damages whatsoever arising from or related to the Township's performance of this Agreement, and fully compensate the Township for costs or loss thereof, including payment of legal counsel, save and except for any charges, claims, ~ ,,^' Page 4 - Big Cedar (Oro) Residents Association Water and Wastewater Systems - Operations Agreement fines or damages that arise from the Township's operation and maintenance of the water supply and distribution system regarding those matters set out in Sections 1 to 3 above, unless such charge, fine, claim or damage is due to the action, inaction, or negligence of the Owner. 9. The parties agree to each respectively take out adequate insurance in the amount of not less than Five Million Dollars ($5,000,000.00), and to include each of the other as co-insured, and to keep such policies in full force and effect. 10. The Owner will pay any invoices received within 45 days of their receipt. 11. Delivery of any correspondence shall be deemed to have been received within three (3) business days of its mailing by prepaid, first-class mail when addressed as hereinafter provided: i) To the Owner: Big Cedar (Oro) Residents Association 21 Big Cedar Park Road Box 500, R. R. #2 HAWKESTONE, Ontario LOL 1T0 ATTENTION: Brenda Post ii) To the Township: Corporation of the Township of Oro-Medonte 148 Line 7 South Box 100 ORO, Ontario LOL2XO ATTENTION: Director of Engineering and Environmental Services Facsimiles shall be deemed to have been received upon receipt of notification of successful transmission: i) To Big Cedar Estates - (705) 325-4633 ii) To the Township - (705) 487-0133 -\() Page 5 - Big Cedar (Oro) Residents Association Water and Wastewater Systems - Operations Agreement 12. The parties to this Agreement agree that one year's notice, by either party, duly served, shall constitute the official notification that this Agreement shall be null and void on December 31st on the year following receipt of said notice. 13. The parties agree and acknowledge that each is satisfied as to its jurisdiction to enter into this Agreement. Therefore, each of the parties agrees that it shall not question the jurisdiction of the Township, or of the Owner, to enter into this Agreement or question the legality of any portion of the foregoing. The parties hereto, their successors, assigns and lessees are, and shall be, stopped from contenting otherwise at any proceeding before a court, tribunal or other body. 14. The parties hereto agree and acknowledge that the recitals are accurate and shall form part of this Agreement. 15. This Agreement shall be construed with all changes in number and gender as may be required by the context. 16. Time shall be of the essence in this Agreement. 17. This Agreement shall be binding upon and enure to the benefit of the parties hereto, their respective successors, and assigns. 18. In this Agreement, words denoting the singular include the plural and vice versa. 19. If any individual provisions of this Agreement are determined by a court of competent jurisdiction to be illegal or beyond the power, jurisdiction or capacity of either of the parties bound hereby, such provision shall be severed from this Agreement and both the Owner and the Township agree that the remainder of the Agreement shall remain in force and effect mutates mutandis. In such case, the Owner and the Township agree to negotiate in good faith to amend this Agreement in order to implement the intention as set out herein. ~c, - \ \ Page 6 - Big Cedar (Oro) Residents Association Water and Wastewater Systems - Operations Agreement IN WITNESS WHEREOF the Parties hereto duly executed this Agreement under seal. Dated atB.f (J.r/QIl/t!oi:-. this 19~ayof ~ --- in the year OUJO :;. BIG CEDAR (ORO) RESIDENTS ASSOCIATION ~/~ President THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE J. Neil Craig, Mayor Marilyn Pennycook, Clerk - \ TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. To: COMMITTEE OF THE Prepared By: WHOLE EES2005-36 Keith Mathieson Subject: Department: Council John and Daniele Didzbalis - Engineering and Site Plan Agreement - Part of Environmental Services C.ofW. Lot 3, Concession 1, Date: Township of South Orillia, October 6, 2005 Motion # Now Oro-Medonte - Being all RM. File #: of PIN #58531-0358 (Lt) -103 D11-23875 Bard's Beach Road Date: RolI#: 030-010-04600 II BACKGROUND: II Mr. and Mrs. Didzbalis are proposing to remove the existing frame cottage and boat house and construct a new residential home and boat house. As Bard's Beach Road is a private road, Mr. and Mrs. Didzbalis must enter into a Site Plan Agreement. II ANALYSIS: II Mr. and Mrs. Didzbalis' Site Plan application was reviewed by the Site Plan Committee on September 20, 2005. The Committee's comments have been forwarded to Mr. Didzbalis (distance between well and septic; set back to Bass Lake). Township staff were circulated for comments and had no concerns. 'I RECOMMENDATION(S): II 1. THAT Report No. EES2005-36 be received and adopted. 2. THAT the Township of Oro-Medonte enters into a Site Plan Agreement with John and Daniele Didzbalis to construct a single family home and boat house at 103 Bard's Beach Road. 3. THAT the Clerk prepares a By-law for Council's consideration. 4. AND THAT Mr. and Mrs. Didzbalis be notified of Council's decision. Respectful~!>ubmitted , {) (J-- Keith Mathieson Director of Engineering and Environmental Services ~'{/ J (f1^0g> \J~ ./ ~0\O~ - 2- 1b- September, 2005 By-Law No. 2005- APPENDIX "A" SITE PLAN AGREEMENT - between - JOHN D1DZBALlS -and - DANIELE DIDZBALlS (AS JOINT TENANTS) -and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS PI. Lot 3, Concession 1 Township of South Orillia, Now Oro-Medonte Being all of PIN #58531-0358 (Lt) Roll #4346-030-010-04600-0000 TOWNSHIP OF ORO.MEDONTE COUNTY OF SIMCOE ~b-3 Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Schedule "A" Schedule "B" Schedule "C" Schedule "D" -y THE TOWNSHIP OF ORO-MEDONTE SITE PLAN AGREEMENT TABLE OF CONTENTS Covenants by the Owners Covenants by the Township Development Restrictions Development Changes Security Compliance Co-operation Binding Effect Severability of Clauses Save Harmless SCHEDULES Legal Description of Lands Site Plan Deeds and Easements to be Conveyed Itemized Estimate of Cost of Construction 2 ~b-S) SITE PLAN CONTROL AGREEMENT This Agreement made, in quadruplicate, this day of accordance with Section 41 of the Planninq Act. 2005, in BETWEEN: JOHN DIDZBALlS AND DANIELE DIDZBALlS (AS JOINT TENANTS) Hereinafter called the "Owners" PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owners have applied to the Township of Oro-Medonte to permit a single family home and boat house on lands described in Schedule "A", attached hereto; AND WHEREAS the Township has enacted a By-law to provide for the designation of Ihe lands as a "Site Plan Control Area"; AND WHEREAS the Owners intend to develop the lands in accordance with the Site Plan aeached hereto as Schedule "B"; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: 3 1h'-~ 1. COVENANTS BY THE OWNERS The Owners covenant and agree as follows: a) The Owners own the subject lands described in Schedule "A", attached hereto, and have provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to the subject lands. c) No work shall be performed on the lands, nor any use made of the subject lands with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owners shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries and Agencies, inciuding, but not limited to, the County of Simcoe. . e) The Owners shall, prior to the execution of this Agreement, pay ail municipal taxes and charges related to obtaining the approval of these lands for the intended use. f) The Owners shall pay a refundable deposit for such reasonable costs as may be involved to the Township in having its solicitor, engineer, planner and staff, perform any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owners acknowledge and agree that the Owners shall be responsible for the cost of performance of all the Owners' obligations hereunder, unless the context otherwise requires. Every provision of this Agreement. by which the Owners are obligated in any way, shall be deemed to include the words "at the expense of the Owners", unless specifically stated otherwise. The refundabie deposit for expenses and actual cost shall be $N/A. The Owners shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township. g) The Owners shall have delivered to the Township, all Transfers/Deeds, Discharges and Easements, or other documents required by Schedule "C", as well as certification from the Owners' solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h) The Owners acknowledge that the lot does not front on an improved public road, that the Township does not or is not required to maintain or snowplow the said road, that the Township will not take over or assume the private road as a Township public road or street unless it has been built according to the Township standards, then in force, and that the Township is not liable for any injuries, losses or damages as a consequence of the Township issuing a Building Permit. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By-law to permit a single family home and boat house described on the Site Plan. b) That the Township agrees that subject to compliance by the Owners with all relevant Municipal By-laws and Provincial Statutes and Regulations, the Owners may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule "B", subject to the development restrictions contained herein. 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owners shall be on and subject to the following terms and conditions: 4 -~ a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan, attached hereto as Schedule "S". b) Liqhtinq All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use andlor roadway, not to cause interference in any way. c) Parkinq Areas and Drivewavs All parking areas and driveways shall be constructed in conformity with Sections 5.19 and 5.20 of Sy-Iaw No. 97-95, as amended, and the Ontario Suilding Code Regulation #419/86, and such parking areas, loading, and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed, as in Schedule "S" attached. The Owners agree to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro-Medonte. d) Outside Storaqe No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule "S". e) Garbaqe Storaqe The Owners agree to provide suitable storage areas for garbage and waste, as shown on the Site Plan, and to install and maintain litter containers in and around development on the lands. All metal scrap and associated refuse contained in the fenced compound shall be removed on a weekly basis. f) Landscapinq The Owners shall complete all landscaping and landscaped areas shown on the Site Plan, attached as Schedule "S", as soon as weather permits, and all grading and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. g) Erosion and Siltation Control The Owners must take all necessary precautions to prevent erosion and sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during construction. The Owners agree to maintain all erosion and siltation control devices in good repair until vegetative cover has been successfully established. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by all parties. It is the intention of the parties that material amendments to this Agreement be properly recorded. Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement. exchange of correspondence, Memorandum of Confirmation, or notations on Engineering drawings. The nature of such record of amendment shall depend on circumstances. , <6b~~ 5. SECURITY Prior to signing the Agreement, the Owners will deposit, with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owners arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule "0" to this Agreement (the "said Work"), the following securities: a) Cash in the amount of one hundred percent (100%) of the estimated cost of the said work, as approved by the Township Engineer and Township COUlicil, or: b) An irrevocable Letter of Credit from a chartered bank, issued in accord?nce with the requirements of Schedule "E", with an automatic renewal clause in the amount of one hundred percent (100%) of the estimated costs of the said works, and as approved by the Township Engineer. The Letter of Credit shall be for a minimum guaranteed period of one (1) year, or such time as the Township decides, and shall be renewed automatically, as necessary, thirty (30) days prior to expiration. c) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Owners' Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Schedule "0" of this Agreement and will become the basis for the limits of the securities. d) Any Letter of Credit or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Letters of Credit and security received by the Township may be used as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owners, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owners, under the terms of this Agreement. e) Upon written notification by the Owners' agent, certifying that all required works for which the Letter of Credit was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owners' obligations under this Agreement have been completed, the Township will return said Letter of Credit. f) If in the event of default of the Owners under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township shall give, by registered mail, twenty-one (21) day's notice, its intent to draw down on the security or deposit. 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in addition to and without prejudice to any security or other guarantee given on behalf of the Owners for the performance of its covenants and agreements herein, and upon default on the part of the Owners hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 325 of the Municipal Act, RS.O. 1980, Chapter 302, as amended. 7. CO-OPERATION The Owners consent to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owners and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreement. 6 ~'o~ 8. BINDING EFFECT This Agreement, and everylhing contained herein, shall be binding upon the successors and assigns of the parties hereto. and upon the lands described in Schedule "A", attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 9. SEVERABILITY OF CLAUSES Should any section, subsection, clause, paragraph, or provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. 10. SAVE HARMLESS The Owners, on behalf of itself, its successors and assigns, agree to indemnify and save harmless, the Township from and against any and all claims, suits, actions and demands whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub-contractors. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) ./ ) Ow idzbalis ) ) C-/\ .' ). ;%h /J/ /P ~ ~'- C,--> ) Owner~15aniele Didzbalis ) ) (AS JOINT TENANTS) ) ) ) The Corporation of the ) Township of Oro-Medonte ) ) per: ) ) ) ) J. Neil Craig, Mayor ) ) ) ) Marilyn Pennycook, Clerk ) , 7 ''1 b ~ \ SCHEDULE "A" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and John Didzbalis and Daniele Didzbalis. LEGAL DESCRIPTION OF LANDS PI. Lot 3, Concession 1, Township of South Orillia, now Oro-Medonte, being alt of PIN #58531-0358 (Lt), County of Simcoe, Roll #4346-030-010-04600-0000 R NOTE: SITE PLAN -\\ SCHEDULE "B" It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and John Didzbalis and Daniele Didzbalis. Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. 9 SCHEDULE "C" , -l NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and John Didzbalis and Daniele Didzbalis. DEEDS AND EASEMENTS TO BE CONVEYED AIi title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the cost of preparation, execution and registration thereof, shall be borne by the Owners. All documents to be registered shall be prior approved by the solicitor for the Township. The following land and easement shall be conveyed: 1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP N/A 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP N/A 10 SCHEDULE "D" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and John Didzbalis and Daniele Didzbalis. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION 1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT N/A 2. LETTERS OF CREDIT AMOUNT Letter of Credit tD be provided by the Owners tD ensure cDmpletiDn Df all wDrks required under the terms Df this Agreement, as nDted in SectiDn 5 herein. N/A ]] ~ \ Dept. Report No. Bd2005-16 To: Committee of the Whole Prepared By: Ronald M Kolbe Subject: Department: Building Report Council Peacock request to Building Temporarily Have Two C.ofW. Residence on Property Date: September 28, 2005 Plan 798 Lot 22 Motion # being more R.M. File #: particularly described as 95 Lakeshore Road E Date: RolI#: TOWNSHIP OF ORO-MEDONTE REPORT II BACKGROUND: II A request has been received from William and Vina Peacock to temporarily reside in their existing residence for 6 months while the new dwelling is being constructed. Township policy requires a $20,000 security deposit, which has been received by the Township. Previous entered agreements have been successful with no additional cost incurred. (see attachment #1 Request Letter) (attachment #2 -Agreement). II RECOMMENDATION(S): II 1 . THAT Report No. Bd2005-16 be received and adopted. 2. That Council authorizes the request of William and Vina Peacock to reside in their existing residence for six months while their new dwelling is being constructed. Respectfully submitted, l)~vLtt rl ;:Il . RonalfM~ Kolbe, CBCO, AScT, MAATO Director of Building/Planning Development ~~, , :' )o\. " ~ ~1f1 /:~ Y ./; >//7 ::->~/t-41'74'" ~. /.~f/IJ. &.~... //v/?'..? L. _/~~ i/ -//""':~. /---C_&;~~~- - - """ AGREEMENT/AFFlDAVIT Q I ~3 In consideration of receiving a building permit from the Township of Ora-Mcdante, I, William & Vina Peacock, of the Tmvnship of Oro-Medonte (formerly Township of Ora) in the County of Simcoe, covenant and agree as follows: 1. That 1 am the registered owners of Plan 79810t 22 being more particularly described as 795 Lakeshore Road E Oro~ Medonte. 2, That I have applied to the Council of the Corporation of the Township of Oro- Medonte for permission to temporarily use a existing dwelling on the above- mentioned lands, at the same time as a new dwelling is under construction on those same lands, \,,'herein such procedure is not provided for under the provisions of the Township of Ora-Mcdante's Zoning By-law as amended. 3. That I hereby acknowledge that permission has been given by the Council of the Corporation of the Township of Oro-Medonte subject to the following provisions: a) That such permission is granted for the six month period from permit issuance or until completion of the proposed new dwelling, whichever is the lesser period of time; and/ or b) That on completion of the new dwelling, as evidenced by a Provisional Occupancy Certificate, the existing building is to be removed within one month; and/or c) That application to the Township of Oro-Medonte for a temporary use permit will be made forthwith (Fee $100.00). 2. That a Letter of Credit in the amount of 520,000.00 be retained by the Corporation of the Tovmship of Oro-Medonte until the above-mentioned agreement is fulfilled to the sole satisfaction of the Township. a) Failure to comply with the aforementioned agreement will result in the Corporation of the Township of Oro-Medonte redeeming the Letter of Credit at its sole discretion. 3. That I hereby agree to the terms and conditions set out above. 4. It is understood that after the six month period from permit issuance, that the Township may remove the existing dwelling for which permission was granted at the time this agreement was signed, 'with all cost for so doing to be assumed by the property owners being William & Vina Peacock. 5. It is understood that failure to comply with the terms and conditions as set out herein, shall release and save harmless the Corporation of the Township of Oro- Medonte from pursuing such litigation, as may be necessary to secure compliance or conformity with any applicable Municipal By-law or provincial I~egulatjon as may be provided for. 6. We hereby covenant and agree to indemnify and save harmless the Township of Oro-Medonte from all costs, claims, liability and actions which may result or arise from the issuance of the building permit or the entering into of this agreement. Date Witness Owner Mayor Clerk C\~-\ Dept. Report No. BD2005-18 To: Committee of the Whole Prepared By: Ronald M Kolbe Subject: Department: Building Report Council September 2005 Building C.ofW. Date: October 4, 2005 Motion # RoM. File #: Date: RolI#: TOWNSHIP OF ORO-MEDONTE REPORT II BACKGROUND: II Part 8 Permit Fees $11,525.00 BuildinQ Permit September 2005 Update Number of 99 Permits Construction $3,739,284.00 Value Permit Fees L~S II Analysis: C\'o-~ II . 19 single family dwelling for a total of 132 to-date. II RECOMMENDATION(S): ~ 1 . THAT Report No. Bd2005-18 be received. Respectfully submitted, IfJ ;o/;:it Ronald M. Kolbe, CBCO, AScT, MAATO Director of Building/Bylaw Enforcement C.A.O. Comments: Date: tJ~ C.A.O. Dept. Head - 2 - ~Io - ~ Permit Summary Township of Oro- edonte to Totals Construction Type Outstanding Complete Deficient Cancelled Permits Value Fees ACCBLDG 6 0 0 0 6 $90,500.00 $1,550.00 ACCREN 0 0 0 $2,000.00 $200.00 AGR 3 0 0 0 3 $39,500.00 $2,483.65 ChangeUse 11 0 0 0 11 $0.00 $1,000.00 COMREN 0 0 0 $0.00 $0.00 DECK 11 0 0 12 $31,298.00 $1.800.00 DEMOLITION 5 0 0 6 $8,000.00 $300.00 MISC 0 0 0 $6,000.00 $168.00 POOL 4 0 0 0 4 $140,000.00 $200.00 PORCHCOVER 0 0 0 $6,500.00 $100.00 PUB 0 0 0 $10,000.00 $606.00 RENOVATION 0 0 0 $5.000.00 $50.00 SEPTIC 25 0 0 0 25 $10,000.00 $8,050.00 SFD 18 0 0 19 $3,180,800.00 $33,778,90 SFDADD 2 0 0 0 2 $126,000.00 $862.47 SFDREN 4 0 0 0 4 $77,686.00 $2,015.16 SHED 0 0 0 $6,000.00 $200.00 96 99 $3,739,284.00 $53,364.18 Tuesday, October 04, 2005 For Period from Thursday, September 01,2005 to Fliday, September 30, 2005 Page 1 of 1 -1..1 Permit Summary Township of Oro-Medonte to Construction Type Outstanding Complete Deficient Cancelled Permits Value Fees ACCADD 0 0 0 $5,000.00 $300.00 ACCBLDG 28 0 0 29 $549,000.00 $9,977.16 ACCDEM 2 0 0 3 $2,000.00 $150.00 ACCREN 5 0 0 6 $52,500.00 $850.00 ADDITION 0 0 2 $160,000.00 $2,072.50 AGR 14 0 0 0 14 $375,500.00 $5,383.65 AGRADD 0 2 0 0 2 $20,000.00 $250.00 ChangeUse 28 18 0 0 46 $0.00 $3,000.00 COM 9 0 0 10 $590,000.00 $6.688.22 COMADD 0 0 0 $68,800.00 $569.00 COMREN 3 0 0 4 $105,000.00 $1,185.54 DECK 81 35 2 0 118 $595,845.00 $16,727.00 DEMOLITION 15 II 0 27 $65,050.00 $1,050.00 FIREPLACE 0 0 0 $0.00 $150.00 GARAGE 7 2 0 0 9 $313,000.00 $2,468.30 MISC 3 0 0 0 3 $156,000.00 $1,387.00 MRES 4 0 20 0 24 $0.00 $4,400.00 POOL 14 16 4 0 34 $850,850.00 $1,850.00 PORCHCOVER 5 0 0 0 5 $43,922.00 $608.04 PUB 0 0 0 $10,000.00 $606.00 RENOVATION 10 0 0 11 $226,529.00 $4,264.18 SEPTIC 118 11 61 0 190 $62,250.00 $52,700.00 SFD 109 21 132 $30,569,620.00 $269,042.26 SFDADD 26 3 0 0 29 $1,352,000.00 $17,161.40 SFDCU 0 0 0 $0.00 $50.00 SFDDEM 0 2 0 0 2 $0.00 $100.00 SFDREN 15 4 0 20 $326,686.00 $5,216.03 SHED 3 0 0 4 $10,500.00 $675.00 SIGNS 3 0 0 0 3 $11,000.00 $250.00 SUNROOM 2 0 0 0 2 $20,000.00 $290.15 Tent 7 3 3 0 13 $30,450.00 $750.00 516 115 114 2 747 $36,571,502.00 $410,171.43 Tuesday, October 04, 2005 For Period from Saturday, January 01, 2005 to Friday, Sep!ember 30,2005 Page 1 of 1 Buildina Definitions Accessory Building Addition Accessory Building Accessory Building Demolition Agricultural Building Agricultural Building Addition Agricultural Building Renovation Septic - Change of Use Commercial Building Commercial Building Addition Commercial Building Demolition Commercial Building Renovation ACCADD ACCBLDG ACCDEM AGR AGRADD AGRREN ChangeUse COM COMADD COMDEM COMREN DECK DEMOLITION FIREPLACE GARAGE INDADD MISC MRES POOL PORCHCOV Covered Porch PUB Public Building SEPTIC New Septic System SFD Single Family Dwelling SFDADD Single Family Dwelling Addition SFDDEM Single Family Dwelling Demolition SFDREN Single Family Dwelling Renovation SHED SIGNS SUNROOM Industrial Addition Miscellaneous Multi-Residential ~\ TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. To: Prepared By: PD 2005-054 Committee of the Whole Bruce Hoppe, MCIP, RPP Subject: Department: Council Application for Rezoning - Planning Panting C.ofW. Date: October 6, 2005 Motion # R.M. File #: 23581 Application # 2005-ZBA-21 Date: Roll #: 010-001-2050 II BACKGROUND I On July 4, 2005, Mr. AI and Janet Panting submitted an application to permit an establishment of a garden suite on the subject property, located within Part of Lot 26, Concession 2 (Oro). The subject lands are located at 2018 Old Barrie Road West. The lands have an area of 0.394 hectares and a lot frontage of approximately 50 metres on the north side of County Road 11. A Public Meeting on the application was held on September 19, 2005. No concerns were expressed from members of the public. At that time, the applicant expressed an interest in proceeding quickly with the recommendation report, which would normally go to Planning Advisory Committee for a final recommendation. It is staff's understanding that the intended occupant of the garden suite has sold her permanent residence with the sale closing at the end of November 2005. It is on this basis that the applicant wishes to initiate construction as soon as possible before weather conditions affect construction of the proposed suite including required improvements to the private septic system. Therefore in the interests of time, PAC had no objection to this application proceeding directly back to Committee of the Whole. The purpose of this report is to analyze the subject application and make recommendation to Committee as to the disposition of this matter. II PLANNING ACT II Section 39 of the Planning Act provides Council with the ability to authorize the temporary use of lands, buildings or structures for any purpose that is otherwise prohibited by the Zoning By-law. Section 39.1 of the Planning Act permits Council to authorize the temporary use for up to ten years for a garden suite. A garden suite is defined as a "one unit detached residential structure containing bathroom and kitchen facilities that is ~ c- 6l ancillary to an existing residential structure and that is designed to be portable." Section 39.1 of the Planning Act also permits Council to enter into an agreement with the landowner to deal with issues such as: . The installation, maintenance and removal of the garden suite; . The period of occupancy of the garden suite by any of the persons named in the agreement; and, . The monetary or other form of security that Council may require for actual or potential costs to the municipality related to the garden suite. II TOWNSHIP POLICY II In 1997 the Township incorporated a policy that dealt specifically with garden suites in the Township of Oro- Medonte. This policy requires that: . The garden suite not be a mobile home; . The garden suite utilizes existing services on the property; . No new accesses from a public road be created for the garden suite; . The garden suite has a minimum floor area of 50 square metres and a maximum floor area of 85 square metres; . Approval for the increased usage of the septic system be obtained; . An agreement be registered on title providing for the use of the lands; . The garden suite not be transferable to another owner; and, . Appropriate securities are deposited with the Township to ensure that the agreement can be implemented. It is the intent of the landowner to meet all of the requirements of the Township. It is staff's understanding that a minor expansion of the septic system will be required and that the applicant will be required to do such work as part of the building permit process. Further, the applicant will be required to execute the attached agreement which outlines the conditions respecting the installation, and eventual removal of such dwelling in keeping with Township policy respecting garden suites. This agreement requires the deposit of $2,500.00 as security in the case of default of such agreement. II RECOMMENDATION(S): , On the basis of the above, it is recommended that: 1. THAT report no. PD 2005-054 be received and adopted; 2. THAT the Clerk bring forward the appropriate By-laws to amend the Zoning By-law and execute the attached agreement to permit a temporary use on lands described as Part of Lot 26, Concession 2 (Oro), for the purposes of a garden suite for a period of 10 years. Respectfully submitted, ~~~ Bruce Hoppe, MCIP, RPP Director of Planning _ ~0 ~~L~ 0'- \..) /" - 2 - c- THIS AGREEMENT made the 12the day of October, 2005. BETWEEN: ALANDJANETPANTmo hereinafter called the "Owner" OF THE FIRST PART AND MAE MCQUARRIE hereinafter called the "Occupant" OF THE SECOND PART AND THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE hereinafter called the "Municipality" OF THE THIRD PART WHEREAS the Council of the Municipality has received an Application to temporarily re-zone a parcel of land as more particularly described in Schedule "All attached hereto (the "Subject Lands"), pursuant to Sections 34 and 39 of the Planning Act, R. S.O, 1990, as amended, to authorize the Temporary use of a Garden Suite; AND WHEREAS pursuant to subsection 39 (1.2) of the Planning Act, the Council of the Municipality may require the owner of the Garden Suite, or any other person to enter into an Agreement with the Municipality under. Section 207.2 of the Municipal Act; AND WHEREAS the lands are bcing purchased by the owner and the owner and the occupant have consented to enter into this Agreement with the municipality under the terms and conditions hereinafter set forth, as a condition of the transfer of the rights and obligations of the temporary use by-law; AND WHEREAS the owner and the occupant have consented to enter into an Agreement with the municipality under the terms and conditions hereinafter set forth, as a condition of the temporary re-zoning to authorize the use of a Garden Suite upon the Subject Lands; NOW THEREFORE consideration of the temporary re-zoning of the subject lands, the Owner and the Occupant hereby covenant and agree with the Municipality as F:\PLANNING\D-Development & Planning\D14 Zoning\2005 Applications\2005-ZBA-21 (Panting)\Panting Garden Suite Agreement.doc 2 c~y 1. DEFINITIONS 1.1 "Garden Suite" means a one unit detached residential structure containing bathroom and kitchen facilities that is ancillary to an existing residential structure and that is designed to be portable. 1.2 "Permitted Temporary Use" means one mobile horne, used as a Garden Suite, in accordance with the terms of this Agreement and the provisions of the Temporary Use By-law. 1.3 "Temporary Use By-law" means the by-law passed by the Municipality pursuant to Sections 34 and 39 of the Planning Act to authorize the permitted temporary use upon the subject lands. 2. USE, INSTALLATION, MAINTENANCE AND REMOVAL OF GARDEN SUITE 2.1 The Owner and Occupant shall be responsible, at their sole cost for the installation and maintenance ofthe Garden Suite upon the subject Lands in accordance with the by-laws of the Township in effect from time to time, Including but not limited to the Temporary Use By-law, and all applicable Federal and Provincial legislation. 2.2 Subject to the terms ofthis Agreement and the Temporary Use By-law, the pennitted temporary use may be carried on upon the Subject Lands from the date of the commencement of the Term of this Agreement, as hereinafter defined. 2.3 The Owner and Occupant shall remove the Garden Suite from the subject lands on or before the earlier of. (a) in the event of default by the Owner or Occupant under -the terms of this Agreement or the provisions of the Temporary Use By-law, the 30th day following written notice from the Township ofthe termination ofthis Agreement; (b) the 60th day following the date of death of the Occupant; or: (c) the last day of the Term of this Agreement. 2.4 In the event that the Owner and occupant fail to remove the Garden Suite from the Subject hands in accordance with the provisions ofthis Agreement, the Municipality may enter upon the Subject Lands to remove 3 q( - the Garden Suite, and all costs incurred by the Municipality in connection therewith shall be recoverable from the Owner pursuant to the provisions of Section 326 of the Municipal Act, c.M. 45, R.S.O. 1990, as amended, whereby the costs incurred will be added to the tax roll and collected in a like manner as taxes. 3. TERM 3.1 The Term of this Agreement shall commence from the date of execution by the Township and expiring on the day immediately proceeding the 15th day of October, 2015. 4. OCCUPANCY OF GARDEN SUITE 4.1 The Owner and Occupant shall not permit the Garden Suite to be occupied by any person other than the Occupant. 5. DEFAULT AND TERMINATION 5.1 In the event of default by the Owner or the Occupant under the terms of this Agreement, which default shall not have been cured by the Owner or Occupant within 30 days of written notice of default from the Municipality, the Municipality shall have the right to terminate this Agreement on 30 days notice in writing to the owner and Occupant. 5.2 In the event oftennination of this Agreement, the rights of the Owner and Occupant to continue the permitted temporary use shall immediately cease, and the Municipality shall be entitled to repeal the Temporary Use By-law without further notice to the Owner or Occupant. 6. EXPENSES OF THE MUNICIPALITY 6.1 Every provision of this Agreement by which the owner or occupant is obligated in any way shall be deemed to include the words "at the expense of the Owner or Occupant" as the case may be, unless the context otherwise reqUires. 6.2 The Owner and Occupant shall be responsible for and shall pay to the Municipality on demand all costs incurred by the Municipality in connection with the preparation and enforcement of this Agreement and the Temporary Use By-law. 6.3 The Owner and Occupant shall, on or before the execution of this Agreement by the municipality, file with the Municipality a deposit in the 4 ,~\.p amount of$2500.00, which may be applied by the Municipality in reduction of the costs incurred as set out above. 6.4 All costs and expenses exceeding the said $ 2500.00 deposit shall be recoverable from the owner as described in Section 2.4. 7. NOTICE All Notices to be given hereunder may be given by registered letter addressed to: Owner: Al and Janet Panting 2018 Old Barrie Rd. W R.R. 2 Shanty Bay, Ontario LOL 2LO Occupant: Mae McQuarrie 2018 Old Barrie Rd. W R.R. 2 Shanty Bay, Ontario LOL 2LO Municipality: Township ofOro-Medonte 148 Line 7 South P.O. Box 100 Oro,Ontario LOL 2XO or such other address as the parties may respectively from time to time designate in writing, and any such Notice shall be deemed to have been given to and received by the addressee three (3) days after the mailing thereof, postage prepaid and registered. 8. SEVERABILITY 8.1 Any provision of this Agreement which is found to be invalid or unenforceable under the laws of the Province of Ontario by a court of competent jurisdiction, to the extent such provision is invalid or 5 unenforceable, shall be deemed severable and shall not affect any other provision of this Agreement. 9. NO ASSIGNMENT 9.1 This Agreement, and the rights and obligations arising under it, may not be assigned by the owner or the Occupant without the prior written consent of the Municipality. 10. ESTOPPEL 10.1 The Owner, Occupant and the Municipality will not call into question directly or indirectly in any proceeding in law or in equity or before any administration or other tribunal, the right of the other parties to enter in this Agreement and to enforce every term, covenant and condition of it. The law of contract applies to this Agreement and the parties are entitled to all remedies arising from it. This provision may be pleaded by the parties in any action or proceeding as an estoppel of any denial of such right. II. INDEMNIFICATION FROM LIABILITY AND RELEASE ILl The owner and Occupant covenant and agree with the municipality, on behalf of themselves, their permitted successors and assigns, to indemnity and save harmless the Municipality, its servants and agents from and against any and all actions, suits, claims and demands whatsoever which may arise either directly or indirectly in connection with this Agreement. 11.2 The Owner and Occupant further covenant and agree to release and forever discharge the Municipality from and against all claims, demands, causes of actions, of every nature and type whatsoever that may arise as a result of any action taken by the municipality under the terms of this Agreement 12. INTERPRETATION 12.1 In the interpretation of this Agreement, unless the context indicates a contrary intention: (a) the obligations of more than one party will be joint and several, (b) words denoting the singular include the plural and vice versa and words denoting any gender include all genders; 6 (c) headings are for convenience only and do not affect interpretation; (d) reference to Sections and Schedules are to sections and schedules of this Agreement and the Schedules form part of this Agreement, and (e) this Agreement may be executed in any number of counterparts, ' each of which will be deemed an original but which together will constitute one instrument. IN WITNESS WHEREOF the parties have hereunder set their hands and seals. SIGNED, SEALED AND DELIVERED in the presence of Al Panting, Owner Janet Panting, Owner Mae McQuarrie, Occupant THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Per: Neil Craig, Mayor Marilyn Pennycook, Clerk 7 ( "-1 THIS IS SCHEDULE "A" TO THE AGREEMENT BETWEEN AL AND JANET PANTING AND THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE. DESCRIPTION Concession 2, Part of Lot 26, Township ofOro-Medonte (formerly Township ofOro), County of Simcoe; municipally known as 2018 Old Barrie Road West. ql- \ TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. Bd. 2005-13 To: Council Prepared By: Ronald M Kolbe Subject: Department: Building Report Council Trenholm Request to Building Temporarily reside in a C.ofW. Mobile Home on Property Date: September 27,2005 Plan 780 Lot 8 LF being Motion # more particularly RoM. File #: described as 17 Eight Mile Point Road Oro- Date: \\~edonte ,j 1\ RolI#: '() j h \ P, . II BACKGROUND: I A request was received from Raymond & Susan Trenholm to temporarilv reside in a mobile home for 6 months while their new residence is being constructed. Township policy requires a $5,000 security which has been received by the Township. Previous entered agreements have been successful with no additional cost incurred. (See attachment #1 Request Letter) (Attachment #2 -Agreement). II RECOMMENDATION(S): II 1. THAT Report No. Bd2005-13 be received and Adopted. 2. That Council authorizes the request of Raymond & Susan Trenholm to locate a mobile home on their existing residence for six months while their new residence is being constructed. Respectfully submitted, '4~( rl4~ Rdd{~~ Kolbe, CBCO, AScT, MAATO Director of Building& Bylaw Enforcement. u-..N"---' ~ C\\ f'-.) I\JV . 11\ U ur /' '\ ~O~ ~J~/ qA-~ C.A.O. Comments: Date: C.A.O. -2- --- RECEIVED 4\\b\\"\r\I(~i _ ________O~~;;fF--:\-- ---1&>~k-=:$ ___~~~~L~;=~~~--k~It~-. . --= 1; ~~~€o-~~#e--'=- ~-;: ~~C~. _<Z5_~_ eO~~'--J-I~~0-5k -----~---'--------;t. !d2.~~ i -lhU:;~Q01=r-:-ln..i:~~ ~_~fL"22.___ -to -~~p . .. .., __11;:,_~~-'c~~+~\.-e.c.~~_,J\Q:.I2~~q-~ -~ ~lWcl~-~--9\-~----c7:h----;;----~e.--~O-t-~-Xf-~------~ _~CL~-~h.-E:. ~ .CLQ):: . ~ . -.. -4---- r .--:t;; . --t"--+--\fi=--- . . I-t .~.....~~~.:~~~:L~"-Q~. 1ll,- ~..blif'-e."-.""",.4.....~ ~Qll6~ -1<'>- ... . ~i+- ~~__~~__b~0_~____~h_.tt\.:-~vteU_Uvvj~:;;or-bQ'- ~t:5 J.. ;Jx~~&!~Q ~~~ J:;;dt: ~I~-:- ~~_~~_C_Q>L_~~__~ ~k~ -.-c--'t: ....~.---------~----~--~--- ~<rJ --.-- __lUe.-_cD. C E;:;,;-- --~~..---. ~t~Y--.. __.__~_il~------p- -- _.___Lt>-____ . _E:.l:::~_~-~ :1'hf ~.'it~ck=-::-=;::: ~~_~ '_ _ ~=-~ ~~~<-' l:1t~J ....00.. ... ___C_~Q ....~~-~---~-U----~--.. . .-.._~ ~\I,"'~~-.--- --.-.<(2 - .<O-I::.W::_-0~_.----L~~ :-Tr ~-. ;~~2~~.==~--::-==~~-==-~-~~~~=- --=~~=-~~.~-= WIWIW~~I:Aa~~eA _~__~_.__,___,~~_w-- -----....-.---~--.. ~~ =~e- ~~_cl;-~---~t--lt~ (5 --3,,-~~ -~ \U ---------- ----------E') ~-- . ~ -. J----J ~~_~_E20~~_..-~-hot ~__ -----~ - -K~02D. _~-'2_ ~dtl<2-Q~-illi - -~-_._--~-_._~------_.._-----_._-----_._..^_.- .---------- -_.__._-~-------_.---~--_.._~..__._.- ~_._------~-----~-_..._.----_._-- .----~-_._~-----_._--- --~-----------------------_...._~--_.__._._--- ----------.--------.-.--...-----------..-.. ---~..__..__.__.-~------------~_._----~--_.~----_.- -~_._------,_.-.~_._-~._--~_...._.-' -_._._-------_.._--_._--_._--~-_.__._--'-------'~_.__.-----------.----.---- W/WW'!)~gAa~@)CA\ AGREEMENT/AFFIDA VIT -5 In consideration of receiving a building permit from the Township of Oro-Medonte, 1, Raymond & Susan Trenholm, of the Township of Oro-Medonte (formerly Township of Ora) in the County of Simcoe, covenant and agree as follows: 1. That I am the registered owners of Plan 780 Lot 8 LF being more particularly described as 17 Eight Mile Point Road Oro- Medonte. 2. That I have applied to the Council of the Corporation of the Township of Oro- Medonte for permission to temporarily use of a mobile home on the above- mentioned lands, at the same time as a new dwelling is under construction on those same lands, wherein such procedure is not provided for under the provisions of the Township of Oro-Medonte's Zoning By-law as amended. 3. That I hereby acknowledge that permission has been given by the Council of the Corporation of the Township of Oro-Medonte subject to the following provisions: a) That such permission is granted for the six month period from permit issuance or until completion of the proposed new dwelling, whichever is the lesser period of time; and/or b) That on completion of the new dwelling, as evidenced by a Provisional Occupancy Certificate, the existing building is to be removed within one month; and/ or c) That application to the Township of Oro-Medonte for a temporary use permit will be made forthwith (Fee $100.00). 4. That a Letter of Credit in the amount of $5000.00 be retained by the Corporation of the Township of Oro-Medonte until the above.mentioned agreement is fulfilled to the sole satisfaction of the Township. a) Failure to comply with the aforementioned agreement will result in the Corporation of the Township of Oro-Medonte redeeming the Letter of Credit at its sole discretion. 5. That I hereby agree to the terms and conditions set out above. 6. It is understood that after the six month period from permit issuance, that the Township may remove the mobile home for which permission was granted at the time this agreement was signed, with all cost for so doing to be assumed by the property owners being Raymond & Susan Trenholm 7. It is understood that failure to comply with the terms and conditions as set out herein, shall release and save harmless the Corporation of the Township of Oro- Medonte from pursuing such litigation, as may be necessary to secure compliance or conformity with any applicable Municipal By-law or provincial Regulation as may be provided for. 8. We hereby covenant and agree to indemnify and save harmless the Township of Oro-Medonte from all costs, claims, liability and actions which may result or arise from the issuance of the building permit or the entering into of this agreement. ""r;. Date Witness Owner Mayor Clerk