12 07 2005 Council Agenda
TOWNSHIP OF ORO-MEDONTE
COUNCIL MEETING AGENDA
COUNCIL CHAMBERS
DATE: WEDNESDAY, DECEMBER 7, 2005
TIME: 7:00 P.M.
.....................................................................................................................
1. OPENING OF MEETING BY THE MAYOR
2. PRA YER/CONTEMPLA TION/REFLECTION
3. NOTICE OF ADDITIONS
4. ADOPTION OF AGENDA
5. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF - IN ACCORDANCE WITH THE ACT"
6. MINUTES OF PREVIOUS MEETINGS:
a) Minutes of Council Meeting of November 16, 2005.
7. RECOGNITION OF ACHIEVEMENTS:
a) Ontario Tourism Marketing Partnership Corporation, correspondence dated November
17, 2005 re: Letter of Appreciation, Debbie Micks.
8. PUBLIC MEETINGS:
None.
9. DEPUTATIONS:
None.
10. CONSENT AGENDA CORRESPONDENCE:
a) Barrie Public Library Board, minutes of September 22, 2005 meeting.
Staff Recommendation: Receipt.
b) Lake Simcoe Region Conservation Authority, minutes of September 23,2005 meeting.
Staff Recommendation: Receipt.
c) Midland Public Library Board, minutes of October 13, 2005 meeting.
Staff Recommendation: Receipt.
d) Lake Simcoe Regional Airport Commission, minutes of October 20, 2005 meeting.
Staff Recommendation: Receipt.
e) Orillia Public Library Board, minutes of October 26,2005 meeting.
Staff Recommendation: Receipt.
11. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN:
None.
12. REPORTS OF MUNICIPAL OFFICERS:
a) Councillor Fountain, re: OGRA/ROMA Combined Conference, Fairmont Royal York
Hotel, February 19-22, 2006.
b) Report No. EES 2005-40, Keith Mathieson, Director of Engineering and Environmental
Services, re: 2039277 Ontario Inc. (Georgian Duct Cleaning) - Part Lot 16, Concession
14, Designated as Part 10, 51 R-19270 - Roll #4346-010-005-20164-0000 [Refer to
Item 16d)]
c) Report No. EES 2005-41, Keith Mathieson, Director of Engineering and Environmental
Services; Bruce Hoppe, Director of Planning re: Donald George Brydges - Site Plan
Agreement and Removal of Holding Symbol- Part Lot 2, Plan 546, Township of South
Orillia, Now Township of Oro-Medonte, Being all of PIN #58531-0337 (Lt) - Roll #4346-
030-010-02600-0000 [Refer to Items 16e), f)]
d) Report No. EES 2005-42, Keith Mathieson, Director of Engineering and Environmental
Services, re: 1146319 Ontario Inc. (Rama Plastics Inc.) - Site Plan Agreement - Lot
24, Registrar's Compiled Plan #1720, Being all of PIN #58566-0096 (Lt) - Roll #4346-
030-012-26152-0000 [Refer to Item 16c)]
e) Report PD 2005-63, presented by Jennifer Zieleniewski, CAO I Bruce Hoppe, Director
of Planning, re: Property Standards Issues in Oro-Medonte.
13. REPORTS OF COMMITTEES:
a) Committee of the Whole minutes, meeting held on November 23, 2005.
b) Public Meeting Minutes, Re: Proposed Amendment Zoning By-Law, (2005-ZBA-23),
Part of Lot 10, Concession 5 (Medonte), Township of Oro-Medonte, (Jeffrey Gooch).
c) Public Meeting Minutes, Re: Proposed Plan of Subdivision and proposed Amendment
to the Zoning By-law, Applications 2005-SUB-01 and 2005-ZBA-22, West Part of Lot
19, Concession 8 (Oro) Township of Oro-Medonte, (TRY Recycling Ltd.).
d) Planning Advisory Committee minutes, meeting held on November 28, 2005.
e) Committee of Adjustment minutes, meeting held on November 29,2005.
14. COMMUNICATIONS:
a) Keith Sherman, Co-ordinator, Severn Sound Environmental Association,
correspondence dated November 18, 2005 re: Budget Request for the Severn Sound
Environmental Association Agreement - 2006.
b) W.J. McMechan, correspondence dated September 13, 2005, October 26,2004 and
May 5,2004 re: Greenwood Forest Road.
15. IN-CAMERA:
None.
16. BY-LAWS:
a) By-Law No. 2005-121 A By-law to Amend By-law No. 2004-011, as amended, a By-
law to Appoint Representatives to Various Committeesl
Organizations.
b) By-Law No. 2005-124 Being a By-law to Designate Areas of the Township of Oro-
Medonte as Site Plan Control Areas and to Repeal By-laws No.
94-55,97-15,98-97,2004-122, and 2005-028.
c) By-Law No. 2005-128 A By-law to Authorize the Execution of a Site Plan Control
Agreement between The Corporation of the Township of Oro-
Medonte and 1146319 Ontario Inc. (Rama Plastics Inc.)
described as lands as follows: Lot 24, Registrar's Compiled
Plan #1720 Being all of PIN #58566-0096 (Lt) Roll #4346-030-
012-26152-0000 Township of Oro-Medonte, County of Simcoe.
d) By-Law No. 2005-130 A By-law to Authorize the Execution of a Site Plan Control
Agreement between The Corporation of the Township of Oro-
Medonte and 2039277 Ontario Inc., (Georgian Duct Cleaning)
described as lands as follows: Part Lot 16, Concession 14
Designated as Part 10, 51 R-19270 Being all of PI N #58548-
0074 (Lt) Roll #4346-010-005-20164-0000 Township of Oro-
Medonte, County of Simcoe.
e) By-Law No. 2005-131 A By-law to Authorize the Execution of a Site Plan Control
Agreement between The Corporation of the Township of Oro-
Medonte and Donald George Brydges described as lands as
follows: Part Lot 2, Plan 546, Township of South Orillia Now
Township of Oro-Medonte Being all of PIN #58531-0337 (Lt)
Roll #4346-030-010-02600-0000 Township of Oro-Medonte,
County of Simcoe.
f) By-Law No. 2005-132 Being a By-law to remove the Holding symbol applying to lands
located at West Part Lot 2, Plan 546 (Orillia), Township of Oro-
Medonte (RolI# 4346-030-010-02600) (Brydges).
g) By-Law No. 2005-137 Being a By-Law to Regulate the Construction of Driveway
Entrances Upon the Highways Under the Jurisdiction of The
Corporation of the Township of Oro-Medonte and to Repeal By-
Laws No. 94-99 and 2005-046.
No ChanQe to the FollowinQ By-Laws - For Compliance with New LeQislation Only
h) By-law No. 2005-126 Being a By-law of the Corporation of the Township of Oro-
Medonte to prohibit the throwing, placing or depositing of refuse
or debris, waste material or wastes on private property or
municipal property and to Repeal By-laws No. 2002-075 and
2004-041, "Clean and Clear By-law".
i) By-Law No. 2005-133 Being a By-law Respecting Smoking in Public Places in the
Township of Oro-Medonte and to Repeal By-Law No. 2002-115.
j) By-Law No. 2005-134 Being a By-law Respecting Smoking in Workplaces in the
Township of Oro-Medonte and to Repeal By-Law No. 2003-35.
k) By-Law No. 2005-135 Being a By-law to Regulate and Prohibit the Sale and Setting
Off of Fireworks and to Repeal By-Law No. 94-65.
I) By-Law No. 2005-136 Being a By-Law for Prohibiting or Regulating Within the
Municipality of the Township of Oro-Medonte the Making of
Noises Likely to Disturb the Inhabitants of the said Township
and to Repeal By-Laws No. 97-82 and 98-90.
m) By-Law No. 2005-125 Being a By-law to Authorize the Temporary Closing of a
Highway and to Repeal By-laws No. 94-57 an 98-40 (Main
Street, Hawkestone).
n) By-Law No. 2005-138 Being a By-law to Regulate Fencing around Private Outdoor
Swimming Pools within the Township of Oro-Medonte and to
Repeal By-law No. 94-111.
17. CONFIRMATION BY-LAW NO. 2005-123.
18. QUESTIONS AND ANNOUNCEMENTS
19. ADJOURNMENT
ADDENDUM
COUNCIL MEETING
Wednesday, December 7,2005
12. REPORTS OF MUNICIPAL OFFICERS:
f) Report No. TR 2005-25, Paul Gravelle, Treasurer, re: Greenwood Forest Road.
15. IN-CAMERA:
a) Jennifer Zieleniewski, CAO, re: Personnel Matter.
b) Jennifer Zieleniewski, CAO, re: Personnel Matter.
16. BY-LAWS:
0) By-Law No. 2005-127 Being a By-law to change the zoning on lands described as
Part of Lot 10, Concession 5 (Medonte), Township of Oro-
Medonte (Evans - Roll # 4346-020-002-08600) and to
Repeal By-Law No. 2005-112.
Ontario.TourisrnMarketing
Partnership Corporation
Ontario Travel Information
Centre
21 Molson Park Drive East
Barrie ON L4N 9A9
T 01.: (705) 725.7280
Fax: (705) 725.7285
@ Ontario
Nov. 17/05
Debbie Micks
Oro-Medonte Municipal Office
148 Line 7 South
P. O. Box 100
Oro,ON
LOL 2XO
Dear Debbie,
Thank you for participating in our Fall Colour Progression Reporting Program. As
a contact for the Oro-Medonte area, you provided us with timely information that
is an integral part of our written and broadcast Fall Colour Progression Report.
The Fall Colour Report is a valuable source of information for the traveling public
and the media. It is also an excellent counselling tool for the travel counsellors
here and at the other Ontario Travel Information Centres across the province as
well as the counsellors at 1-800-0NT ARlO in Toronto.
Each year the Fall Colour Report becomes more popular. Thanks for helping to
make it such a great success.
Sincerely,
~ !4v:I-.
Jack Lynch and
Travel Promotions Officer
Meribeth Hart
Travel Counsellor
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Enrichin!!
our '-' .
Communzty
BARRIE PUBLIC LIBRARY
MINUTES
BOARD MEETING #05-07
THURSDAY, SEPTEMBER 22, 2005
DATE:
TIME:
LOCATION:
Thursday, September 22, 2005
7:30 p.m.
Consumers Gas Board Room
PRESENT:
L.McClean (Chair), W.Porter, C.Virgo, P.Brown, V.DeCecco,
S.Kastner, A.Davis (Director), J.Ross (Recorder)
ABSENT:
L.Bell, M.Stong, A.Smith
1. Call to Order
The meeting was called to order at 7:35pm.
2.
Confirmation of Agenda
The agenda was confirmed.
3.
Conflict ofInterest
None.
4. Minutes of Meeting
4.1 Minutes of Board Meeting #05-06 dated Thursdav. June 23.2005
#05-37
KASTNER - BROWN
THAT the Minutes of Board Meeting #05-06 dated Thursday, June 23, 2005 be adopted.
CARRIED.
5. Business Arising
None.
6. Report of the Chair
To be covered under the Planning Committee Report.
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BARRIE PUBLIC LIBRARY
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MINUTES
BOARD MEETING #05-07
THURSDAY, SEPTEMBER 22,2005
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7. Committee Reports
7.1 Financial Statements for May. June. Julv. August 2005
It was requested that the "Golf' Item be removed from financial statements.
#05-38
PORTER-DECECCO
THAT the expenses listed on Financial Statements for May, June, July and August 2005
be approved. CARRlED.
7.2 Planning Committee Meeting #PL05-03 dated Wednesdav. September 14.2005
In advance of the Board's presentation to Council on September 26th, 2005, the Chair
has been meeting with Members of City Council who do not serve on the Library Board.
#05-39
BROWN - KASTNER
THAT the Minntes of Planning Committee Meeting #PL05-03 dated Wednesday, .
September 14,2004 be received. CARRIED.
#05-40
PORTER - KASTNER
THAT due to t he nature of this book, the Barrie Public Library Board grant permission to
Brad Rudachyk, as a pilot project, to use the periodical area of the library to hold the
launch and signing event for his new book about Barrie and include the sale of his new
book as part of the event. CARRIED.
8. Social Action Committee for Downtown Rejuvenation
The Library lobbied to be included in the Downtown BrA. The committee has recommended
public washrooms and a warming centre in the downtown area.
9. Director of Librarv Services Report for June. Julv. August 2005
S.Kastner attended a recent meeting of the Growing By Degrees task force.
The director elaborated on one of the workshops attended at the CLA conference.
10. Other Business
None.
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Enrichinq
r""! our '" .
LOl'mnunzty
BARRIE PUBLIC LIBRARY
MINUTES
BOARD MEETING #05-07
THURSDAY, SEPTEMBER 22,2005
11. Committee Meeting Dates
At the call of the Chair.
12. Date of Next Board Meeting
Thursday, October 27, 2005 at 7:30pm in the Consumer Gas Board Room
13. Adjournment
A motion to adjourn the meeting at 8:21pm was made by P.Brown.
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LAKE SIMCOE REGION CONSERVATION AUTHORITY
MEETING NO. 800-09-05
Friday, September 23, 2005 - 9:00 a.m
Scanlon Creek Conservation Area
"Education Centre"
Bradford, ON
MINUTES
Present:
Councillor Roy Bridge, Chair
Mr. E. Bull
Councillor V. Hackson, Vice-Chair
Councillor B. Drew
Councillor K. Ferdinands
Mayor R. Grossi
Councillor B. Huson
Councillor P. Marshall
Councillor J. Moore
Councillor M. Nanowski
Councillor J. Rupke
Regional Councillor S. Self
Councillor Neal Snutch
Mayor K. Shier
Councillor J. West
Staff:
D. Gayle Wood, C.A.O.lSecretary.Treasurer
S. Hanson, Director, Corporate Services and land
Management
M. Walters, Director, Watershed Management
R. Baldwin, Manager, Watershed Science
K. Christensen, Co-ordinator, Human Resources
T. Hogenbirk, Manager, Engineering and Technical
Services
B. Kemp, Manager, Corporate Communications
K. Kennedy, land Securement Officer
Michael Mironov, Manager, Accounting
K. MacKenzie, Executive Director, lake Simcoe
Conservation Foundation
Dan Williams, Manager, Education Services
G. Casey, Recording Secretary
Regrets:
Councillor G. Davidson
J. Dales, Honourary Member
G.R. Richardson, Honourary Member
Mayor R. Stevens
Mayor T. Taylor
Mayor J. Young
Others:
M. Minnoch, Innisti! Scope
DECLARATION OF PECUNIARY INTEREST
There was no declaration of pecuniary interest or general nature thereof.
II APPROVAL OF AGENDA
Moved by:
Seconded by:
J. West
V. Hackson
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Lake Simcoe Region ConserJatlon Authority
Board of Directors' Meeting
800.09.05 . Minutes
Page 2
September 23, 2005
BOD-05-216
RESOLVED THAT the content of the Agenda be
approved as amended to include the "Tabled Items
and Other Business" agenda.
CARRIED
III ADOPTION OF MINUTES
(a) Board of Directors
Member J, Rupke advised that his name had been omitted from the recorded vote
pertaining item XI (b) Article - Era Banner -August 21,2005. Corrected pages 2-4 are
included with these minutes.
Moved by:
Seconded by:
S. Self
P. Marshall
BOD-05-217
RESOLVED THAT the minutes of the Board of
Directors' meeting No. BOD-08-0S be adopted as
amended to include the revision to page 4 of the
minutes, Item XI (b), J. Rupke to be added to the
recorded vote as a "yes",
CARRIED
~ ANNOUNCEMENTS
Board Member - Citv of Barrie
Chair Bridge advised that Councillor Patrick Brown has stepped down as the City of
Barrie's representative due to time conflicts. The City of Barrie has appointed
Councillor James Moore to serve on the Authority's Board in addition to Mr. Eric Bull
who also currently serves on the Board representing the City of Barrie,
On behalf of the Board of Directors, Chair Bridge welcomed Councillor Moore to the
Authority's Board.
Retirement - Sandra Hanson. Director. Corporate Services and Land Management
The CAO announced Sandra Hanson, Director, Corporate Services and Land
Management is attending what will be her last Authority Board Meeting as shewill be
retiring effective October 27th, 2005 after 25 years of employment is conservation.
Chair Bridge, on behalfofthe Board, congratulated Sandra and wished her well in her
new journey. .
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lake Simcoe Region Conservation Authority
Board of Directors' Meeting
BOD-09.05 . Minutes
Page 3
September 23, 2005
V PRESENTATIONS
There were no presentation scheduled for this meeting.
VI DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION
Items 6, 10, 11, 12, were identified for discussion.
VII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION
Moved by:
Seconded by:
P. Marshall
J. West
BOD-05-218
RESOLVED THAT the following recommendations
respecting the matters listed as "Items Not
Requiring Separate Discussion" be adopted as
submitted to the Board and Staff be authorized to
take all necessary action required to give effect to
same.
CARRIED
1. Fill. Construction & Alteration to Waterways Applications
BOD-05-219
RESOLVED THAT applications under Section 28 of
the Conservation Authorities Act and Ontario
Regulation 153/90, as amended by Ontario
Regulations 534/91 and 623/94, be received and
approved.
2. Correspondence
BOD-05-220
RESOLVED THAT the correspondence received
from L. Temelkowski, MP, Oak Ridges-Markham,
acknowledging receipt of "Lake Simcoe: A Jewel to
Treasure" and further commending the Authority on
their commitment to the environment and
community be received.
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Lake Simcoe Region Conservation Authority
Board of Directors' Meeting
800.09.05 . Minutes
Page 4
September 23. 2005
3. Correspondence
BOD-05-221
4. Correspondence
BOD-05-222
5. Correspondence
BOD-05-223
7. Correspondence
BOD-05-224
RESOLVED THAT the email received from Russ
Powell, CAO, Central Lake Ontario Conservation
Authority, addressed to the Ministry of Municipal
Affairs and Housing, which addresses Section 28(1)
ofthe Conservation Authorities Actand the Building
Code Act and a request for an amendment, be
received.
RESOLVED THAT correspondence dated July 7th,
2005, received from Barry Devolin, MP, Haliburton-
Kawartha Lakes-Brock, acknowledging receipt of
"Lake Simcoe: A Jewel to Treasure" and further
congratulating the Authority on the new addition to
the Administrative Offices, be received.
RESOLVED THAT correspondence dated August
10th, 2005, was received from the Town of East
Gwillimbury acknowedging receipt of information
from the Authority regarding the request for
nominations for Conservation Awards, be received.
RESOLVED THAT article "Lake Simcoe CA stuck
with appeal bill", which appeared in the August 24,
2005, edition of NRU - Greater Toronto Area, be
received.
8. Monthly Communications Update
BOD-05-225
RESOLVED THAT the Monthly Communications
Update, for the period August 1 to 31,2005, be
received for information.
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Lake Simcoe Region Conservation Authority
Board of Directors' Meeting
80D-09.05 . Minutes
Page 5
September 23, 2005
9. BudQet Status Report
BOD-05-226
RESOLVED THAT Staff Report No. 51-05-BOD
regarding the Authority's Budget Status for the
period ending July 31, 2005 be received for
information.
VIII HEARINGS
There were no hearings scheduled for this meeting.
IX DELEGA TIONS
There were no delegations scheduled for this meeting.
X CONSIDERA nON OF ITEMS REQUIRING SEPARA TE DISCUSSION
6. Correspondence
The Board dealt with correspondence received from the Ministry of Natural Resources
advising offunding available for th 2005/2006 Capital Program for CA Dam Repairs.
The Board expressed concern with the completion deadline for the dam repairs of
March 31, 2006, dictated by the Ministry.
Staff advised that the Authority currently has two dam projects, the Pefferlaw Dam in
partnership with the Town of Georgina and the Fairy Lake Dam in partnership with the
Town of Newmarket. Formally the Ministry expects the projects to be completed by
March 2006 however there is some flexibility in the process.
Moved by:
Seconded by:
S. Self
N. Snutch
BOD-05-227
RESOLVED THAT correspondence dated August
10th, 2005, received from the Ministry of Natural
Resources advising of funding avaHable for the
2005/2006 Capital Program for CA Dam Repairs and
Funding, be received.
CARRIED
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Lake Simcoe Region Conservation Authority
Board of Directors' Meeting
BOD.09-05 . Minutes
Page 6
September 23, 2005
10. BudQet Assumptions & Timing - 2006
The Board dealt with Staff Report No. 53-05-BOD regarding the budget preparation
for the year 2006.
The Board expressed some concern with the planned increase advising that this will
be a difficult budget year.
Staff advised that some budget discussions are currently underway with municipal
partners however it is too early to report on their response.
The Board requested that staff prepare a report that will refle.ct what services will be
compromised based on a reduced budget increase. This revised report will rank the
services/projects in order of priority. This will provide the Board with more accurate
information in order to support the budget going forward.
The Board further requested that the budget reflect the anticipated operating costs as
they pertain to the new administrative offices rather than a proposed increase.
Moved by:
Seconded by:
BOD-05-228
CARRIED
J. West
N. Snutch
RESOLVED THAT Staff Report No. 52-05-BOD
regarding the budget preparation for the year 2006,
be approved as amended to:
1) Revise page 2 of the Staff Report under General
Levy, point #2, to read "anticipated operational
costs for the administrative office building", and
FURTHER THAT staff prepare a preliminary budget
based on 8% with a Staff Report outlining what
would be eliminated should we need to reduce the
budget to 4% and 6% respectively.
11. Lake Simcoe Conservation Authority's
Draft Business Plan - 2005 - 2010
The Board dealt with Staff Report No. 53-05-BOD regarding the Lake Simcoe Region
Conservation Authority's Draft Business plan 2005-2010.
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Lake Simcoe Region Conservation Authority
Board of Directors' Meeting
BOD-09.05 - Minutes
Page 7
September 23, 2005
The CAO presented the Authority's Draft Business Plan - 2005 - 201 0 and a copy of
the Authority's Program and Services Booklet was tabled for approval.
The Board stressed the importance of advocating to the Provincial and Federal
Government regarding putting some of the tax dollars collected back into the resources
in and around the Lake. (i.e. Marinas, Gas Tax, Fishing Huts, etc.).
The CAO will pursue the recommendation on how to advocate with the Provincial and
Federal Government with Conservation Ontario and will provide a verbal report back
to the Board.
The Board requested the following amendments be made to the Authority's Draft
Business Plan:
Municipalities be advised of the new mapping as it relates to their Official Plan;
The Authority's Strategy as it pertains to the issues within the Lake be included;
. Remove the fixed salary and replace it with the salary ranges;
Include section that addresses the Authority's Reserves;
Include a strategy to advocate with the Provincial and Federal Governments for
funding.
Moved by:
Seconded by:
BOD-05-229
CARRIED
V. Hackson
J. Rupke
RESOLVED THAT Staff Report No. 53-05-BOD
regarding the Lake Simcoe Region Conservation
Authority's Draft Business Plan 2005-2010 be
received and approved as amended. to include:
1. establishing a reserve fund to ensure that
updated mapping occurs according to a schedule,
2. developing a Communications Plan with
municipalities to integrate new mapping into
municipal planning documents,
3. revise page 28 to reflect a salary/benefits spread
for proposed staff,
4. a section in the Business Plan that addresses
reserves,
5. developing a Communications Plan, as part of
LSEMS, which advocates an action plan for federal
and provincial re-investment in the lake, and
6. developing an Advocacy Strategy\ls part of the
Business Plan.
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Lake Simcoe Region Conservation Authority
Board 0; Directors' Meeting
BOD-09-05 - Minutes
Page 8
September 23, 2005
12. Reservoir Draw Down Protocols
Fairy Lake and Pefferlaw Dams
The Board dealt with Staff Report No. 54-05-BOD regarding the reservoir draw down
protocols for the Fairy Lake and Pefferlaw Dams.
Staff advised that a meeting has been held with the Town of Newmarket regarding the
Fairy Lake drawdown. An action plan has been developed and is being implemented.
Moved by:
Seconded by:
BOD-05-230:
CARRIED
J. West
N. Snutch
RESOLVED THAT Staff Report No. 54-05-BOD
regarding Public Notification and Input and
Reservior Draw Down Protocol for Fairy Lake and
Pefferlaw Dams be approved.
(Tabled Items and Other Business Agenda)
XI (b) Amendment to Resolution BOD-05-46 re SiQning Officers
The CAO advised that with the creation of and the hiring for the new position of
Director, Corporate Services an amendment to the resolution passed at the Annual
General Meeting, February 25th, 2005, is required.
Moved by:
Seconded by:
BOD-05-231
J. West
V. Hackson
RESOLVED THAT an account in the name of lake
Simcoe Region Conservation Authority (hereinafter
called the "Organization") be kept at the Bank of
Nova Scotia (hereinafter called the "Bank"; and
THAT Roy Bridge, Chair, Virginia Hackson, Vice-
Chair, Gayle Wood, Chief Administrative
OfficerlSecretary- Treasurer, and Mark Valcic,
Director, Corporate Services, or any two of them are
hereby authorized for and in the name of the
Organization to sign, make, draw, accept, endorse
and deliver cheques, promissory notes, bills of
exchange, orders for the payment of money and
such agreements and instruments as may be
necessary or useful in connecti(;)n with the
operation of the said account; and
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Lake Simcoe Region Conservation Authority
Board of Directors' Meeting
BOD.09.05 - Minutes
Page 9
CARRIED
September 23, 2005
THA T anyone of the above-mentioned officers is
hereby authorized for and in the name of the
Organization to endorse and transfer to the Bank for
deposit or discount with or collection by the Bank
(butforthe credit of the Organization only) cheques,
promissory notes, bills of exchange, orders for the
payment of money and other instruments, to
arrange, settle, balance and certify all books and
accounts with the Bank and to sign receipts for
vouchers.
13. Municipal Issues
The CAO asked the Board Members to identify any issues their respective
municipalities are experiencing in their dealings with the Authority.
The majority of the issues identified pertained to the lengthy time period associated
with the issuance of permits.
The CAO indicated that those Members not in attendance will be asked to submit any
issues they have. Staff will then prepare a Staff Report in response to the concerns
identified for the October Board Meeting.
XI (a) Confidential Land Issue
Moved by:
Seconded by:
BOO-05-232
CARRIED
Moved by:
Seconded by:
BOD-05-233
CARRIED
J. Rupke
K. Sherman
RESOLVED THA T the Authority's Board of Directors
move to "Closed Session" to discuss confidential
land matters.
J. West
J. Rupke
RESOLVED THA T the Authority's Board of Directors
rise from "Closed Session" and report their
progress.
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Lake Simcoe Region Conservation Authority
Board of Directors' Meeting
BOD-09.05 - Minutes
Page 10
September 23, 2005
Moved by:
Seconded by:
J. West
S. Self
BOD-05-234
RESOLVED THAT Confidential Staff Report No. 55-
OS-BOD be received as amended to include:
1. the land be returned to the Authority in the event
that it is not to be used for its intended purpose,
2. that the purchaser be advised that further land
sales will not be considered by the Authority,
3. that a second appraisal be sought from an
appraiser in the Newmarket area, to be paid for by
the purchaser.
CARRIED
(b) ACS - Open Houses
Councillor Mikki Nanowski congratulated staff on the success of the Assimilative
Capacity Open House held in Bradford West Gwillimbury on October 21.
Approximately 140 people attended and found the session it to be very informative,
The CAO added that an Open House was also held in Elmvale on October 20, and
was also well attended. The CAO extended thanks to staff for all of their effort and
dedication in planning these Open Houses,
(b) South Simcoe Community Outreach
Councillor Susan Self advised she was pleased to see the Authority represented at the
South Simcoe Community Outreach and commended Lori Gilkes, Community
Relations Specialist on doing a great job.
XII
ADJOURNMENT
Meeting adjourned at 11:40 p.m. on a
ckson
~~
R Brid, . ..,
Chair
D. Gayle Woo,
Chief Administrative Officerl
Secretary-Treasurer
Attachment:
1) Revised Page 2-4 . August Minutes
\
MIDLAND PUBLIC LIBRARY BOARD MEETING
Page 1 of5
DATE: October 13,2005 LOCATION: Midland Public Library Boardroom
PRESENT: G.A Walker, A Wilkes, A. Campbell, B. Trounce, Oz Parsons,
REGRETS: 1. Swick, B. Desroches, C. Moore, R Allard
STAFF: G. Griffith, Recording Secretary, B. Molesworth, CEO
ITEM
#
ISSUE
ACTION
1.
Call to order
G.A Walker called the meeting to order at 7:00 p.m.
\
,
2. Approval ofthe agenda
Additions:
8. Information
8.2 Correspondence
Ministry of Culture - Outario Library Services Updates
Letter to Penetanguishene Public Library from Club Richelieu
Penetanguishene
Moved by: O. Parsons
Seconded by: A. Wilkes
That the agenda be approved as amended.
CARRIED
3. Approval of the minutes of the previous meeting
Corrections:
1. Call to order
Change GW. Walker to G.A Walker
6. Reports of Board Committees
6.1 Finance Committee
Change paragraph four which reads:
"B. Molesworth went on to explain other new to this year's budget,
revenue and expense lines"
to:
"B. Molesworth went on to explain other revenue and expense lines
which are new to this year's budget."
Moved by: B. Trounce
Seconded by: A Campbell
That the minutes of the Board meeting held on September 15, 2005 be approved
as corrected. CARRIED
MIDLAND PUBLIC LmRARY BOARD MEETING
Page 2 of5
DA11E:October13,2005
LOCATION: Midland Public Library Boardroom
ITEM
#
ISSUE
ACTION
4. Business arising from the minutes
4.1 Tiny Township Contract
B. Molesworth read a letter received from the Township of Tiny Council
which rejects the proposals put forward by the Midland, Penetanguishem
and Springwater Library Boards for re-negotiation of the service
contract between the Township and the three Libraries. B. Molesworth
and Finance Chair A. Campbell attended a subsequent meeting with
representatives of the three libraries affected, with no concrete direction
agreed upon. As a result, B. Molesworth drafted a response that he
distributed to Penetanguishene and Springwater for their approval.
The Chief Librarian of the Penetanguishene Public Library thinks the
wording may be too strong although she has not taken it to her Board as
yet, while the Springwater Public Library Board agreed to the wording.
B. Molesworth asked for the Board's response. There was general
agreement that Tiny is not paying their fair share because of their
rejection of the proposal that they should pay a per household fee.
All Midland taxpayers pay to support the Library through their
municipal taxes while Tiny only pays for those households that sign on
at one of the three libraries.
The content of the letter was discussed along with a variety of strategies
that might be used as the negotiation proceeds. The Board agreed that the
letter, with one minor change, should be sent to the Township of Tiny.
4.2 Budget 2006
B. Molesworth began by asking the Board if they wanted to compare
the proposed 2006 Budget with the Library's Strategic Plan as was
suggested at the previous Board meeting. After some discussion, it was
agreed that it should be sent to Council as is.
On another matter, B. Molesworth reported that the water bill for
$1,600.00 had been reviewed and altered to $400.00.
B. Molesworth reported on his discussions with Town of Midland Staff
about the best way to move forward with benefits for part-time Staff
Some discussion ensued. The Board agreed that the proposal for benefits
for part -time Staff should move forward in the budget process.
MIDLAND PUBLIC LmRARY BOARD MEETING
Page 30f5
DATE: October 13, 2005
LOCATION: Midland Public Library Boardroom
ITEM
#
ISSUE
ACTION
5. Approval of the accounts
Moved by: A. Wilkes
Seconded by: A. Campbell
That the accounts for the month of September 2005 totalling $12,202.08
be approved.
CARRIED
6. Reports of Board Committees
6.1 Finance Committee - Art Campbell, Chairman
A Campbell distributed a Financial Statement for the nine months
ending September 30, 2005. Overall 73.28% has been spent which is
where we should be at this point in the year. B. Molesworth will check
with Town Office about the Equipment Repairs and Maintenance line.
The Finance Committee report was adopted.
6.2 Strategic Planning Committee
The Committee has not met, therefore there is no report.
6.3 Fundraising Committee - O. Parsons, Chairman
O. Parsons asked B. Molesworth to report on the progress of the second
direct mail campaign.
A mailing list of 5,000 individuals is being compiled for our next
fundraising appeal. Postage should be cheaper this time as we will be
sending them as ad mail. The Town Office has a machine that will seal
all the envelopes for us. The mailing should be out by the end of October
O. Parsons attended a meeting oflocal fundraising coordinators to put
together an events calendar for 2006.
B. Molesworth has received responses from three authors that are
willing to read at next summer's Reading Series.
MIDLAND PUBLIC LIBRARY BOARD MEETING
Page 4 of5
DATE: October 13, 2005
LOCATION: Midland Public Library Boardroom
ITEM
#
ISSUE
ACTION
6. Reports of Board Committees - continued
6.4 Policy Committee
The Committee has not met, therefore there is no report.
6.5 Report from the Friends of the Midland Public Library
The Friends will be meeting next week. A report will be forthcoming at
the next Board meeting.
7. New business
7.1 MPMP Results
Midland's results of the Municipal Performance Measurements
Program for 2004 have been compiled. This program has been in place
for some years but it is the fIrst time Libraries and Recreation
Departments have been included. It purports to measure efficiency by
giving fIgures for: Operating Costs per Person, Operating Costs per Use;
Library Uses per Person; and Total Uses (Electronic and Non Electronic)
When the Province publishes everybody's fIgures, we should be able to
compare our results with those of other municipalities of Midland's
size. As the program continues, we will also be able to compare
ourselves with our previous years' results.
These fIgures do nothing to report levels of satisfaction on the part of
patrons or the quality of collections or of staff or of any other aspect of
service. They just divide the dollars spent by the number of people in
Midland or the number of uses. B. Molesworth does not see the Program
as being very helpful in terms of evaluating services or planning for the
future. He has a copy of the whole report on fIle.
MIDLAND PUBLIC LmRARY BOARD MEETING
DATE: October 13,2005
LOCATION: Midland Public Library Boardroom
ITEM
#
ISSUE
8. Infonnation
8.1 Chief Librarian's Report
Adopted as written.
8.2 Correspondence
_ Ministry of Culture Library Services Update
B. Molesworth distributed a copy of a letter received from the
Ministry giving an update on the cuts to the OLS budget.
_ Letter to Penetanguishene Public Library from Martin Lalonde,
Chairman, Club Richelien, Penetanguishene.
This letter was forwarded to us for information only.
9. Adjournment
Moved by: A. Campbell
That the meeting be adjourned at 8:35 p.m.
/;, "
. .<' :>-:1 a''? 'l j
c:o, /{./ . a X-'N/V
Chairman of the Board
Chief Librarian
\
Page 5 of5
ACTION
\ Od- ~ \
MINUTES OF A MEETING
of
THE LAKE SIMCOE REGIONAL AIRPORT COMMISSION
HELD ON THURSDAY OCTOBER 20, 2005
AT THE LAKE SIMCOE REGIONAL AIRPORT
TERMINAL BUILDING
In Attendance:
Commissioners:
J. Crawford
G. Fernandes
L. Leach
R. Hough
A. Smith
F. Smith
P. Spears
S. Trotter
Staff: W. McArthur, City of Barrie
M. Drumm, APM
CALL TO ORDER
The meeting came to order at 7:00 p.m. and was chaired by G. Fernandes.
1.0 MINUTES OF THE SEPTEMBER 22. 2005 COMMISSION MEETING
MOTION:
Moved by A. Smith, seconded by R. Hough
2005-AC-40 "THAT, the minutes of the September 22,2005 Commission meeting
be approved."
Carried.
2.0 BUSINESS ARISING FROM THE MINUTES
A. Smith advised the Commission that the advertised request for a replacement City of
Barrie Citizen representative had closed and that a Striking Committee is reviewing
submissions. The Commission will be updated of any selection accordingly.
3.0 PROPERTIES & COMMERCIAL DEVELOPMENT
i) M. Drumm & W. McArthur reviewed that clarification of the intent of the Lake
Simcoe Regional Airport Commission's request to expand the airport's inventory
of sellable lands was requested by the respective municipal Clerks. Staff was
given direction to liaison with Jim Mcintosh of Burgar, Rowe Barristers &
Solicitors and to provide such clarification. A. Smith reported that the City of
Barrie General Committee had endorsed Weatherwise Aviation's request for an
extension to the construction commencement timelines. R. Hough reported the
same from the Township of Oro-Medonte. F. Smith and P. Spears noted that the
request has not yet come before the City of Orillia Council.
ii) M. Drumm providedthe Commission with an update as to the progress of the
Fire Protection Plan.. It was noted that subsequent to the Commission's approval
of the document during the. September 22, 2005 Commission meeting, Pete
Waters of Weatherwise Aviation, after review, did also endorse the plan. M.
Drumm noted that Michele Farley of FCS Ltd. was in the process of the meeting
with the Township of Oro-Medonte Building and Fire Departments to review the
plan for final approval. Information will be presented to the Commission, as it
becomes available. R. Hough informed the Commission that the Township's
Chief Building Official had tendered his resignation for other opportunities, but
noted that Mr. Ron Kolbe had volunteered to continue to work with FCS Ltd., to
facilitate a resolution.
iii) W. McArthur and M. Drumm reviewed the construction update as of October 14,
2005.
iv) G. Fernandes and A. Smith provided an update from Fasken Martineau.
Subsequent to a meeting with the persons tasked to this project, G. Fernandes
provided the members with an updated confirmation of project deliverables as
well as revised timelines for project completion.
4.0 FINANCIAL REPORT
i) The July 31, 2005 & YTD, the August 31,2005 & YTD and the September 30,
2005 & YTD Financial Statements were presented.
MOTION: Moved by F. Smith, seconded by J. Crawford
2005-AC-41 "THAT, the July, August and September & YTD Financial Statements
be approved, as presented."
Carried.
ii) A Committee was formed to meet, discuss and update the airport's Strategic
Capital Works Program. A. Smith (Secretaryrrreasurer), L. Leach, R. Hough
and P. Spears, along with W. McArthur and M. Drumm as staff resources
volunteered for the review process. Information will be presented to the
Commission, as it becomes available.
5.0 NEW BUSINESS/CORRESPONDENCE
i) The airport manager's report was received as information.
ii) All additional correspondence as presented was reviewed.
iii) The Commission was advised that Chris Drumm recently led the Lake Simcoe
Regional Airport through the annual Imperial Oil audit, of the airport's Esso
Aviation dealership. The main components of the inspection included Safety,
Product Quality, Regulatory, Fleet Management, Logbooks & Record Keeping
and Training. The results of the inspection were extremely positive and the Lake
Simcoe Regional Airport was ranked as the best operated Esso Aviation facility
in the country. L. Leach commended Chris Drumm for his ongoing efforts and
further noted that this example is reflective of the overall management team in
place at the airport.
2
6.0 2005 & ONWARD PRIORITIES
G. Fernandes reviewed the agenda topic as a standing item geared at ensuring that all
priority projects, be it capital or otherwise, are reviewed on a monthly basis or more
often as required. The timeframes for the completion of these items were reviewed and
updated accordingly.
7.0 MEETING/51
The next Commission meeting is to be held on Thursdav November 17. 2005 at 7:00
p.m.
ADJOURNMENT
MOTION: Moved by J. Crawford, seconded by L. Leach.
2005-AC-42 "THAT, the Lake Simcoe Regional Airport Commission meeting
adjourn at 9:05 p.m."
Carried.
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/Y /.. / A//( ~ '- .
M /
Recording Secretary, LSRA Commission
~f(~
G. Fernandes
President, LSRA Commission
Distribution:
Commission Members
W. McArthur
K. Short
J. Tascona, M.P.P.
Clerk's Office, City of Barrie
Mayor & Council, c/o City Clerk, City of Orillia
Clerk's Office, Township of Oro-Medonte
P. DeVillers, M.P.
A. Caroii, M.P.
G. Dunlop, M.P.P.
I. Brown, City Manager, City of Orillia
3
\
ORILLIA PUBLIC LIBRARY BOARD
MINUI'ES OF OcrOBER 26, 2005 MEETING
A regular meeting ofthe Library Board was held in the Children's Services Department
of the Library commencing at 7: 02 p.m.
PRESENT - BOARD - C. Dowd, Chair; J. MacDonald, Vice-Chair; L. Beresford;
C. Couper;J. Crawford; P. Spears
- STAFF - M. Saddy, Chief Executive Officer
S. Campbell, Director of Children's Services
L. Gibbon, Director ofInformation Services
D. Rowe, Director of Technical Services
T. Chatten, Recorder
ABSENT - J. Francis; C. Garland; F. Kreisz
DISCLOSURE OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF-None
CONSENT AGENDA
An item from the Children's Services report was pulled for discussion regarding Brewery
Bay sponsoring the Summer Reader's Club winners party held recently. This could be
added to the Good News Report to Council.
Item 6 e) from the Discussion Agenda will be deferred until the November meeting.
MOTION #2005:32
Moved by J. MacDonald, seconded by C. Couper that the consent agenda of the
October 26, 2005 meeting be adopted. CARRIED
J. Crawford will act as the timekeeper for the agenda.
BUSINESS ARISING FROM THE MINUTES
C. Dowd and P. Spears attended the flag raising and cake cutting to launch Ontario
Public Library Week on Monday October 17.
M. Saddy and J. MacDonald attended a Rotary meeting to outline what the library can
do for the community, pointing out new functions, new ideas and plans for the new
library.
REPORT OF FRIENDS OF THE LIBRARY
M. Saddy distributed and reviewed a report prepared by F. Kreisz highlighting the
Friends sponsorship of a children's story ""Titing contest.
.
SOLS TRUSTEE COUNCIL
C. Dowd announced that the next meeting would be held III Barrie on Saturday
November 5,2005.
BOARD DEVELOPMENT - "Branding and Beyond" - CEO M. Saddy led a review of this
item which was part of the 2005 OLA Superconference earlier this year. M. Saddy
reviewed the Powerpoint presentation from the Oakville Public Library. The main focus
of branding is to maintain a consistent look and feel to all things the library produces.
Yvonne Attard, Director of Customer Development at the Oakville Public Library will be
holding an audio conference.
The next session to be reviewed is entitled "Top Ten Reasons Why Libraries Fail".
REPORTS OF BOARD COMMITTEES AND REPRESENTATIVES
Planning Committee
The most recent update of the Board's action plan shows that the Board has been very
productive and has reached many goals with some timeline changes.
MOTION #2005:33
Moved by J. MacDonald, seconded by P. Spears that the Board accept the Planning
Committee 3rd Quarter Review. CARRIED
NEW BUSINESS
OLA Superconference 2006 - The conference program will be released and posted on
the OLA website in a few weeks, and board members were asked to consider who might
like to attend and to what sessions. The OLBA sponsored sessions list was distributed
for review. J. MacDonald and J. Francis have expressed an interest in attending along
with the library's Directors and CEO.
Good News Report to Council - As there have been further delays with the installation
of the audio-video equipment in the City Council Chamber, the presentation of the
Summer Reader's Club DVD will be postponed until the end of November. It was
reported that the TD Bank is very enthusiastic and happy to be part of this program.
A group photo was taken to be used for a link to a Board section of the Library's website.
Contract with Mnjikaning First Nation - M. Saddy presented a report for discussion of
the pros and cons of a new proposal for a contract for library service with Mnjikaning
First Nation.
MOTION #2005:34
Moved by J. MacDonald, seconded by P. Spears that the Board of the Orillia Public
Library enter into a two year agreement (2005/06) with the Mnjikaning First Nation
Library in which the revenue will be based upon subtracting the number of Orillia
residents who are members of the Mnjikaning Library from the number of Mnjikaning
residents who are members of the Orillia Public Library. CARRIED
MEETING EVALUATION
The meeting evaluation form for September was reviewed. Since only five out of seven
members who attended the September meeting completed the form (and at previous
meetings there has also sometimes been less than a 100% return rate), Board members
were asked if they felt that the evaluation form is still a useful tool. The Board agreed to
add the monthly evaluation process as an item for review/comment within the Board's
2005 annual performance review.
A new form was completed for the evaluation of the October meeting by six members
present.
Adjournment at 8:34 p.m. moved by P. Spears
BOARD CHAIR
CHIEF EXECUTIVE OFFICER
Dept. Report No. To: COUNCIL Prepared By:
EES2005-40 Keith Mathieson
Subject: Department:
Council
2039277 Ontario Inc. Engineering and
(Georgian Duct Cleaning) - Environmental Services
C.ofW. Part Lot 16, Concession 14, Date:
Designated as Part 10, 51 R- November 30, 2005
Motion # 19270 - Roll #4346-010-005- R.M. File #:
20164-0000 D11-24947
Date: RolI#:
010-005-20164
TOWNSHIP OF ORO-MEDONTE
REPORT
II BACKGROUND:
II
Georgian Duct Cleaning operates a business at 315 Line 13 North in the North Oro Industrial Park.
Presently, they have a 1,664 sq.ft. office/shop building and are proposing to construct a 3,220 sq.ft.
industrial building for the purpose of storing equipment.
II ANALYSIS:
11
Georgian Duct Cleaning's proposal was presented to the Site Plan Committee on November 28,
2005 and neither the Site Plan Committee nor Township staff have any concerns with the proposed
addition of the industrial building.
II RECOMMENDATION(S):
II
1. THAT Report No. EES2005-40 be received and adopted.
2. THAT the Township of Oro-Medonte enters into a Site Plan Agreement with 2039277 Ontario Inc.
to construct a 3,220 sq.ft. industrial building.
3. THAT the Clerk prepares a By-law for Council's consideration.
4. AND THAT Mr. Brassington, President of 2039277 Ontario Inc., be notified of Council's decision.
Re,pec':&,'bmitted, ,
~::'~'~f E09;ooo,,09 eod E"',,,om..tal Se~'"" (f l"~ ~
\j \ \\'1/\0
Dept. Report No. To: COUNCIL Prepared By:
EES2005-41 Keith Mathieson and
Bruce Hoppe
Subject: Department:
Council
Donald George Brydges - Site Engineering and
Plan Agreement and Removal Environmental Services
C.ofW. of Holding Symbol - Part Lot Date:
2, Plan 546, Township of November 30, 2005
Motion # South Orillia, Now Township R.M. File #:
of Oro-Medonte, Being all of D11-24944
Date: PIN #58531-0337 (Lt) - Roll RolI#:
#4346-030-010-02600-0000
030-010-02600
TOWNSHIP OF ORO-MEDONTE
REPORT
II BACKGROUND:
II
Mr. Brydges has a cottage at 9 Bard's Beach Road and is proposing to construct a crawl space under
the existing cottage. As Bard's Beach Road is a private road, Mr. Brydges must enter into a Site Plan
Agreement and the Holding Symbol must be removed in order for a Building Permit to be issued.
II ANALYSIS:
~
Mr. Brydges' Site Plan application was reviewed by the Site Plan Committee on November 4, 2005.
Neither Township staff nor the Committee has any concerns and approval has been received from
the Nottawasaga Valley Conservation Authority.
II RECOMMENDATION(S):
~
1. THAT Report No. EES2005-41 be received and adopted.
2. THAT the Township of Oro-Medonte enters into a Site Plan Agreement with Donald George
Brydges to construct a crawl space under his existing house.
3. THAT the Clerk prepares a By-law for Council's consideration to enter into a Site Plan
Agreement.
4. THAT the Clerk prepares a By-law to remove the Holding Symbol on Part Lot 2, Plan 546,
Township of South Orillia, now Township of Oro-Medonte.
5. AND TH ,. Mr. Brydges be notified of Council's decision.
Keith Ma ieson
Director of Engineering and Environmental Services
~ jA~~~
Bruce ~~~
Director of Planning
TOWNSHIP OF ORO-MEDONTE
REPORT
Dept. Report No. To: COUNCIL Prepared By:
EES2005-42 Keith Mathieson
Subject: Department:
Council
1146319 Ontario Inc. (Rama Engineering and
Plastics Inc.) - Site Plan Environmental Services
C.ofW. Agreement - Lot 24, Date:
Registrar's Compiled Plan November 28, 2005
Motion # #1720, Being all of PIN R.M. File #:
#58566-0096 (Lt) - Roll #4346- D11-24721
Date: 030-012-26152-0000 RolI#:
030-012-26152
II BACKGROUND:
II
Rama Plastics Inc., located at 199 Forestplain Road in the Forest Home Industrial Park, is proposing
to remove an existing metal clad building and replace it with a new 7,500 sq.ft. storage building in a
different location, but on the same lot.
II ANALYSIS:
II
The application for Rama Plastics Inc. was presented to the Site Plan Committee on November 4,
2005 and neither Township staff nor the Committee had any concerns with the proposed
development.
II RECOMMENDATION(S):
II
1. THAT Report No. EES2005-42 be received and adopted.
2. THAT the Township of Oro-Medonte enters into a Site Plan Agreement with 1146319 Ontario Inc.
to construct a 7,500 sq.ft. storage building located at 199 Forestplain Road.
3. THAT the Clerk prepares a By-law for Council's consideration.
4. AND THAT 1146319 Ontario Inc. (Rama Plastics Inc.) be notified of Council's decision.
. Q\
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o \ '"'VI
\ .
Kei thieson
Director of Engineering and Environmental Services
\
\
TOWNSHIP OF ORO-MEDONTE
REPORT
Dept. Report No. To: Council Prepared By:
PD2005-063 Nick McDonald, RPP
Subject: Department:
Property Standards Planning
Issues In Oro-Medonte
Council
File No: 2874
C. of Date:
W. November 21, 2005
Motion R.M. File #:
#
Date: RolI#:
1.0 INTRODUCTION
In response to enquiries relating to property standards issues in the Township, staff have
reviewed relevant legislation and Township by-laws to investigate alternative enforcement
options. Based on an extensive review of the new Municipal Act and the experiences of other
municipalities, it is clear that the new Municipal Act, 2001 does not provide municipalities with the
tools to control appearance, save and except through a By-law that regulates refuse and debris.
To this end, it is recommended that the Township's current Clean and Clear By-law No. 2002-75
be retained.
Another tool which is available to the municipality in dealing with property standards issues is the
Township's Comprehensive Zoning By-law. Although the current by-law contains a number of
provisions relating to property appearance issues, it is recommended that Council consider
amendments to the by-law as part of the general review to take place in early 2006 to augment
these provisions. It should be noted that any changes to the Township's Zoning By-law will only
apply on a "go forward" basis, meaning that any changes to the By-law will not be retroactive.
In addition to the above, it is recommended that the Township consider a business registration
process, whereby all businesses will be required to be registered pursuant to the Municipal Act,
1
2001. The intent of the registration process would be to provide a mechanism whereby the
Township would ensure compliance, at the time of registration, with all municipal by-laws, the
Building and Fire Code and relevant agreements, such as Site Plan Agreements. Such a
registration process would also provide the Municipality with the ability to be instantly aware of
new businesses as part of an overall economic development effort. However, before such a
registration process should be considered, a review of the administrative impact is required.
2.0 BACKGROUND
The Township of Oro-Medonte currently has a population approaching 20,000. Many of the
newer residents in the Municipality are from urban areas. As a result, there are ever increasing
expectations that the Municipality will be proactive in controlling the appearance of property.
However, Oro-Medonte, with a land area that is 1.5 times the size of the City of Toronto, is
predominantly a rural municipality that is characterized by open fields, forest and agricultural
uses. Notwithstanding the above, there are areas within the Municipality where more traditional
urban development occurs, such as commercial corridors along Highway 11 and urban residential
uses in community settings. It is within these "urban" areas that a number of issues have arisen
with respect to how properties are generally maintained.
3.0 CURRENT MUNICIPAL BY-LAWS THAT CONTROL APPEARANCE
There are two By.laws in place at the present time that attempt to regulate the appearance of
properties. These two By-laws and their effects are summarized below:
3.2 By-law 2002-75 (Clean and Clear By-law)
By.law 2002-75 was passed by Council on June 26. 2002 in accordance with Section 210 of the
Municipal Act, 1990.
This section of the Municipal Act provides that Councils of local municipalities "may pass by-laws
for prohibiting the throwing. ptacing or depositing of refuse or debris on private property or on
property of the Municipality or any local board thereof without authority from the owner or
occupant of such property." Section 210 of the Municipal Act, 1990 has been replaced by Section
127 of the Municipal Act, 2001.
By-law 2002-75 indicates that "no owner shall allow or permit the creation, presence or existence
of any refuse or debris, waste material or wastes in or upon any yards, vacant lots. grounds or
buildings which such owner owns, rents, occupies or has an interest in, whether such interest is
legal or equitable."
The By-law defines commercial or industrial waste, heavy pick-up wastes, household wastes and
refuse or debris. The By-law goes on to say that "where the property owner or municipal
authorities are required to remove any refuse or debris, waste material or waste deposited on
their property the full cost of such removal shall be recoverable from the person responsible or
the property owner responsible for such littering or discarding. "
In terms of penalties, any person who contravenes the By-law is guilty of an offence and is liable
upon convicting to a penalty not exceeding $5,000 in accordance with the Provincial Offences
Act. By-law 2002-75 was amended in 2004 to include poison ivy as a waste material.
2
3.1 By-law 97-95 (Comprehensive Zoning By-law)
By-law 97-95 was passed by Council in 1997. This By.law replaced By-laws from the former
Townships of Oro, Medonte, Flos, Orillia and Vespra. The intent of the By-law is primarily to
control the use of land and to permit certain uses provided a number of regulations are met. By-
law 97-95 contains provisions that:
1. require planting strips adjacent to front and exterior side lot lines in certain industrial and
commercial zones;
2. prohibits detached accessory buildings and structures from being located in the front yard:
3. controls the amount of accessory outdoor display and sales permitted in commercial zones;
4. prohibits accessory outdoor storage in the front or exterior side yards;
5. permits loading spaces only in an interior side yard or rear yard:
6. restricts the amount of a required front or exterior side yard on lots abutting Highway 11 that
can be used for parking;
7. permits the parking of only one recreational trailer on a lot in residential zones:
8. permits a maximum of two school buses to be parked on a lot in rural zones:
9. permits a maximum of one unlicensed motor vehicle to be parked on a lot in residential
zones;
10. permits a maximum of two unlicensed motor vehicles to be parked on a lot in the A1RU zone;
and,
11. prohibits the storage of disused rail cars, streetcars, truck bodies or trailers without wheels on
any lot.
4.0 OPTIONS AVAILABLE TO THE TOWNSHIP
4.1 Property Standards
4.1.1 The Municipal Act, 2001
The Municipal Act, 2001 provides municipalities with the ability to pass by-laws dealing with
health, safety and nuisance. Section 127 of the Municipal Act, 2001 provides municipalities with
the power to regulate matters related to "refuse and debris". Specifically, a municipality may:
(a) require the owner or occupant of land to clean and clear the land, not including buildings,
or to clear refuse or debris from the land, not including buildings;
(b) regulate when and how matters required under clause (a) shall be done;
(c) prohibit the depositing of refuse or debris on land without the consent of the owner or
occupant of the land; and
(d) define "refuse" for the purpose of this section.
3
1
\
By.law 2002-075 (the current 'Clean and Clear By-law') would be similar to a by.law passed
under Section 127 of the Municipal Act, 2001.
Section 128 of the Municipal Act, 2001 states that municipalities may prohibit or regulate with
respect to public nuisances including matters that, in the opinion of Council, are or could become
public nuisances. If arrived at in good faith, the opinion of Council is not subject to review under
that section. A nuisance is defined by the Oxford English Dictionary as "a person or thing
causing inconvenience or annoyance". The terms "inconvenience" and "annoyance" are very
subjective. In theory, Council could determine that the appearance of a property is a public
nuisance. However, determining how the appearance offends local standards would be very
difficult and is likely to be challenged through the courts. As a result, staff do not recommend the
use of Section 128 for this purpose.
Section 129 permits municipalities to prohibit and regulate with respect to noise, vibration, odour,
dust and outdoor illumination. Any By.law passed under this section could require a permit with
conditions imposed as required. While the Township does not have any By-laws that regulate
vibration, odour, dust and outdoor illumination, it is noted that the site plan process currently in
place addresses paving and outdoor lighting. This section of the Municipal Act does not offer any
additional legislative tools to assist in property standards.
Section 130 of the Municipal Act, 2001 allows municipalities to regulate matters that are not
specifically addressed in the Act but are related to the "health, safety and well-being of the
inhabitants of the municipality". This is quite broad, and could apply to a variety of matters.
However, this section does not specifically provide the basis for controlling the appearance of
properties and it therefore cannot be utilized.
Section 131 allows municipalities to prohibit the storage of used motor vehicles for the purpose
of wrecking or dismantling them or salvaging parts from them for sale or other disposition. This
prohibition would only apply to motor vehicles as defined by the Highway Traffic Act. The
municipality is also allowed to enter into structures to determine if a by.law passed under that
section is being complied with. It is noted that By-law 97-95 (the Township's Comprehensive
Zoning By-law) already contains these restrictions.
4.1.2 The Ontario Building Code Act, 1992
Section 15 of the Ontario Building Code Act, 1992, states that:
"The Council of a municipality may pass a By-law to do the following things if an
Official Plan that includes provisions relating to property conditions is in effect in
the municipality:
1. Prescribing standards for the maintenance and occupancy of property
within the municipality or within any defined area or areas and for
prohibiting the occupancy or use of such property that does not conform
with the standards.
2. Requiring property that does not conform with the standards to be
repaired and maintained to conform with the standards or the site to be
cleared of all buildings, structures, debris or refuse and left in graded and
levelled condition."
4
\ 4i:' ~
As noted above the Building Code Act requires that the Official Plan of a municipality contains
policies dealing with property standards in order to provide the basis for the enactment of such a
By-law. Currently the Township of Oro.Medonte does not have such a policy.
Based on a review of the experiences of other municipalities, it would appear that the major thrust
of Property Standards By-laws under the Building Code Act is to regulate the appearance and
safetv of buildinQs and structures. While some By.laws do incorporate provisions that control the
appearance of property, these same provisions can easily be dealt with in the context of By-law
passed under the Municipal Act, 2001 instead.
In addition, the regime that would be established under the Building Code Act is much more
cumbersome than under the Municipal Act. For example, the Building Code Act requires that a
Property Standards Committee be established. Once Orders to Comply are issued, landowners
may appeal to this Committee. There is no such regime in place in the Municipal Act. As a
result, it is not recommended that the Township consider passing a Property Standards By-law
under the Ontario Building Code Act, 1992.
4.2 Licensing Under The Municipal Act, 2001
Under Section 150 of the Municipal Act, 2001, municipalities may license businesses, for one or
more of the following purposes:
. ensuring health and safety;
. nuisance control: and,
. consumer protection.
The intent of any Licensing By-law would be, if a license is issued, to approve the use for which
the license is issued.
Licensing fees are not permitted to exceed the cost of administration and enforcement.
Municipalities would have to hold a public meeting before passing a By-law to license businesses.
Section 150(6) of the Municipal Act 2001 indicates that the following businesses may be
licensed:
. Trades and occupations:
. Exhibitions, concerts, festivals and other public amusements held for profit or otherwise:
. The sale or hire of goods or services on an intermittent or one time basis and the
activities of a transient trader:
. The display of samples, patterns or specimens of goods for the purpose of sale or hire.
Notwithstanding the above, the following businesses cannot be licensed.
. A manufacturing or industrial business, except to the extent that it sells its products or
raw material by retail:
5
. The sale of goods by wholesale; or
. The generation, exploitation, extraction, harvesting, processing, renewal or transportation
of natural resources.
Section 150(8) of the Municipal Act, 2001, states that the power to license, regulate and govern a
business includes the power:
(a) to prohibit the carrying on of or engaging in the business without a license;
(b) to refuse to grant a license or to revoke or suspend a license;
(c) to fix the expiry date for a license;
(d) to define classes of businesses and to separately license, regulate and govern each
class;
(e) to impose conditions as a requirement of obtaining, continuing to hold or renewing a
license, including conditions,
(i) requiring the payment of license fees,
(Ii) restricting the hours of operation of the business,
(Iii) allowing, at any reasonable time, the municipality to inspect the places and
premises used for the business and the equipment, vehicles and other personal
property used or kept for hire in the carrying on of the business,
(iv) prohibiting places or premises used for the business to be constructed or
equipped so as to hinder the enforcement of the By-law,
(v) requiring the premises of the business, or part of the premises, to be accessible
to persons with disabilities;
(f) to impose special conditions on a business in a class that have not been imposed on all
of the businesses in that class in order to obtain, continue to hold or renew a license;
(g) to impose conditions, including special conditions, as a requirement of continuing to hold
a license at any time during the term of the license;
(h) to license, regulate or govern the place or premises used for the business and the
persons carrying it on or engaged in it;
(i) to regulate or govern the equipment, vehicles and other personal property used or kept
for hire in connection with the carrying on or engaging in the business;
(j) to exempt any business or person from all or any part of the By-law; and
(k) without limiting anything in clauses (a) to (j), to require the payment by a licensed
business of additional fees at any time during the term of the licence for costs incurred by
the municipality attributable to the activities of the business.
Oro-Medonte currently licenses trailer camps and refreshment vehicles under the Municipal Act,
2001. Licensing for dogs and dog kennels is currently being reviewed for Council's consideration.
The major difference between the Municipal Act, 1990 and the new Municipal Act, 2001 is that
the basis for any licensing regime has to be related to health and safety, nuisance control, andlor
consumer protection in the new Act.
6
The general appearance of properties does not fall within any of these categories. On this basis,
it is not recommended that a licensing regime be established, if the only purpose of the licensing
regime is to control the appearance of properties.
4.3 Registration of Businesses Under The Municipal Act, 2001
Section 157(1) states that "a local municipality may establish and maintain a registry of
businesses and require a business to which Section 150 applies and which is being carried on
wholly or partly within the municipality, even if the business is being carried on from a location
outside the municipality, to register and maintain its registration in the registry." Any business
that is licensed under Section 150 (such as trailer parks and kennels) cannot be required to
register. A public meeting has to be held before Council can pass a by-law requiring the
registration of businesses. A by-law passed under this Section ot the Municipal Act, 2001 expires
fives years from the date of passage.
Section 157(6) states that "the power to establish and maintain a registry and to require a
business to register and to maintain its registration in the registry includes the power,
(a) to prohibit the carrying on of or engaging in the business unless the business has
registered in the registry;
(b) to revoke or suspend a registration;
(c) to require that the business name. ownership, contact information, including address,
telephone number and contact name and the type of business be provided;
(d) to require, for both initial and ongoing registration, that any other information for the
registry specified in the by.law to be of municipal interest, be provided;
(e) to require, within such time frame as is established by the' municipality, updated
information for the registry to be provided if the information under clause (c) or (d)
changes; and
(f) to exempt any business from all or any part of the by-law."
Although the registration process itself cannot be designed to control the appearance of
properties, it does provide the Township with the opportunity to ensure that all other applicable
by-laws (such as the 'Clean and Clear By-law' and the Zoning By-law) are complied with. The
registration process itself also ensures that the Ontario Building Code and Fire Code are being
met on the premises. In addition, another benefit may be that a comprehensive list of businesses
is established tor economic development andlor marketing purposes.
The registration process is not an approval process, since conditions cannot be attached to the
registration. Instead, it is a process that ensures compliance with all municipal by-laws,
agreements and codes.
It should be noted that while the licensing provisions of the Municipal Act, 2001 provide the
Township with the ability to levy a licensing fee, there is no permission to levy a 'registration fee'.
However, Section 157(6)(d) indicates that the Township has the power "to require, for both initial
and ongoing registration, that any other information for the registry specified in the by-law to be of
municipal interest, be provided". This means that inspections will need to be carried out and that
7
By-
fees can
law.
4.5
the
Comprehensive Zoning By-law (By-law 97-95)
As indicated previously in this report,the Township's Comprehensive Zoning By-law currently
contains a number of provisions that are intended to control the appearance of properties. Staff
are currently working on an update to By-law 97-95 and it is anticipated that a report that
identifies possible refinements to the by-law will be presented to Council in early 2006. However,
it should be noted that any changes to By-law 97-95 will not be retroactive.
A concern has been expressed about the placing of tent structures in the front and exterior side
yards. In many cases, these tents are used to protect household items or vehicles from the
elements. As a result, the items stored under these structures are not dealt with by the
Township's Clean and Clear By-law, which deals only with refuse and debris. In addition, these
tent structures, because of their design and size, are not subject to the Ontario Building Code and
not defined as structures in the Township's Zoning by-law.
One way to resolve this issue is to amend the Township's Comprehensive Zoning By-law to
include these types of tents as structures and then to prohibit them in the front and exterior side
yards. It is noted that these structures are currently not permitted in the front yard in the City of
Barrie.
5.0 CONCLUSIONS
1. The Municipal Act, 2001 clearly provides municipalities with the ability to control the
storage of refuse and debris on private lands. The Township's current By-law (the Clean
and Clear By-law) is considered to be appropriate in this regard and does not require
changes.
2. The licensing powers under the Municipal Act, 2001 do not include clear provisions that
provide municipalities with the ability to control the appearance of properties. As a result,
establishing a licensing regime would serve no purpose.
3. With respect to registration, there is some merit in considering this route, since it would
ensure that all other applicable By-laws and the Fire and Building Codes are met when a
new commercial or industrial use is established in the Municipality. It also provides the
Municipality with an opportunity to liaise with the new business owner and ensure that all
regulations are being met. In addition, it also provides the Municipality with the ability to
be instantly aware of new businesses as part of an overall economic development effort.
It also provides the Municipality with an opportunity to provide constructive comments to
the business owner on how the lands should be used and how various components of the
use can be located on a property.
However, the key thing is that only items that are otherwise regulated under the Municipal
Act or any other Act can be enforced when a business applies to be registered.
4. While the Township's current Zoning By-law (By-law 97-95) works well, a number of
minor improvements can be made to make it even more effective. These improvements
will be the subject of a further report.
8
6.0 RECOMMENDATIONS
On the basis of the above discussion, it is recommended:
1) That Report PD2005-63 be received for information.
2) That staff review the administrative impact of instituting a registration regime.
~s ectfully submitted,
CL _II\. ~ -
Ni k MCDonald~
Planning Consultant
C.A.O. Comments:
Date:
{71 o~ VJ.A-
/~ d ()
JIJ{
~J I ~/05
(
C.A.O.
Dept. Head
9
,
\
Dept. Report No. TR2005-25 To: Committee of the Whole Prepared By: Paul Gravelle
Subject: Greenwood Forest Department: Treasury
Road
Council
C.ofW. Date: November 23, 2005
Motion # R.M. File #: L04-005711
Date: RolI#:
TOWNSHIP OF ORO-MEDONTE
REPORT
II BACKGROUND:
II
At the July 31,2003 Special Meeting of Council, Mr. Wilfred Mc Mechan asserted that the residents
of Greenwood Forest Road had been incorrectly billed for capital and maintenance costs as the road
is held by the municipality and not privately.
A title search was conducted and it was confirmed that Block 42, Plan M-187, was municipally
owned. Mr. McMechan was notified on August 5, 2003 and requested to provide any documentation
relating to amounts paid by the residents for the maintenance of the road.
On January 28, 2004, Mr. McMechan provided copies of documentation relating to amounts paid to
the Township.
A review of the municipality's records from 1994 to 2000 confirmed that the amount of $4,103.47 had
been paid to the municipality. On May 5, 2004, the Township offered, by way of compromise to
forward payment of $4,103.47 to the Greenwood Forest Road Committee.
On August 4, 2004, Mr. McMechan responded and requested that the municipality give further
consideration to reimbursing the residents the amount paid to Orville Hutchison Construction for road
repairs in the amount of $4,935.50 and the cost to repair the stone pillars at the entrance to the road
in the amount of $1 ,410.
On October 26, 2004, the municipality advised that they did not feel compelled to reimburse the
residents for the above items for the reasons given in the correspondence and that the original offer
of $4,103.47 remained static.
\
On September 13, 2005, Mr. McMechan wrote requesting that Council reconsider their position in
regards to the payment to Orville Hutchison and the costs of the stone pillars. He also provided
further invoices from 1982 to 1985.
(I ANALYSIS:
II
Upon review of these invoices, Staff has determined that a further amount of $895 should be
reimbursed, bringing the total to $4,998.47. This amount can be rounded up to $5,000.
We respectfully recommend that the municipality again decline to reimburse the payment to
Hutchison Construction and for the costs of the stone pillars for the reasons stated in the letter of
October 26, 2004.
It should be noted that in his letter of September 13, 2005, Mr. McMechan advises that there was not
a Road Committee as such, but that the residents took turns paying the costs.
As such, we respectfully suggest that release of the proposed $5,000 be subject to the municipality
being provided with a schedule detailing how the said funds are to be allocated between the 16
affected property owners.
II RECOMMENDATION(S):
II
1. THAT Report No. TR2005-25 be received and adopted.
2. THAT the amount of $5,000 be paid to the residents of Greenwood Forest Road upon acceptance
of the Township's offer and the municipality being provide with a schedule detailing the
distribution of these funds to the affected property owners.
Respectfully submitted,
e~
Paul Gravelle
Treasurer
C.A.O. Comments:
Date:
s' .
CJJY~
/
C.A.O.
v
Dept. Head
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RECElVED \
SEP 27 2005 !
ORO-MEDONTE
TOWNSHIP
i
I
35 Greenwood F= rest Road
}{R 1 Oro Stati=n 0l'1 LOL 2EO
September 13, 2005
Mayor Craig and the Councillors ofOro-Medonte
148 Line 7S. Oro ON LOL 2XO
Dear Mayor Craig and councilloJs:
As you know I have been communicating with Mrs. Zieleniewski
regarding the money spent by the residents of Bay-view Avenue
now part of Greenwood Forest, Road after the road 'Was assumed by
the Township of Oro. We wrongly and maybe illega ~ly maintained
and repaired the road after it was conveyed to th e Township
on June 7th 1982. It is evident that the staff was instructed
to conceal this situation from us or there was a ~ack of
supervision.
We are accused of erecting an illegal Private Road Sign
and we did because we didn't know we were Law Bre a.kers by
refnewing the old sign that was established in thE: 1950'5.
Tlie Township Staff removed the sign and broke the supporting
posts into a number of pieces and abandoned them in the ditch
where they remained for over two years.
History appears important with the available books and
the memorabilia on the walls of the Administratio~ Building.
However the staff removed the charming stone gate pillars
that were over seventy five years old and in excellent condition.
These were not the cement blockvineered stone as we have at
Memorial Park. They have never presented a problo=rn and would
have been a wonderful entrance to the parkland of 110 metres
on one side and 665 metres on the other side of the road.
They could have been moved but that was not necess ary and
would also be adeterrent to speeders. The No Exit: signs were
also removed.
A bill is enclosed for the amount paid to Or"Val Hutchinson
Construction for the necessary' road repair and at a lower pri ce
than the Township estima.ted. That portion of the road was
always a problem and I saw two .of my neighbours requiring Tow
TruckS to pull them out of the mud.
There was not a Road Cornrni ttee as such. we t=ok turns
collecting the money and paying the Township and others for
the road repairs and maintenance. This is the reason I have
only a few of the invoices that I paid but most are missing.
Mayor Craig. you and our Councillors are our representa ti ves
and we expect you to be fair to all concerned. We will be
pleased to accept' the amount you agree upon to rei. mburse us.
Thank )'ou for your consideration.
fflnL~
W.J. McMechan
-.
THE CORPORATION OF THE
\
TOWN8tlIP
(g~Of V~~
148 Line 7 S., Box 100
Oro, Ontario LOL 2XQ
Phone (705) 487-2171
Fax (705) 487-0133
www.oro~medonte.ca
October 26, 2004
File # L04-05711
Mr. Wilfred J_ McMechan
35 Greenwood Forest Road
RR#1
Ora Station, ON
LOL 2EO
RE: Greenwood Forest Road
Dear Mr. McMechan:
In response to your correspondence of August 4, 2004, the Township of Oro-Medonte offers the
following for your consideration.
The Township's offer to reimburse the Greenwood Forest Road Committee in the amount of
$4,103.47 is the amounts invoiced by the Township to the Committee from 1994 to 2000.
Staff have reviewed the works conducted by Orval Hutchinson Construction in 1996 and have
determined that the municipality would not have undertaken these works on the road.
The pillars were located within the road allowance and as such had to be removed in order to
ensure that the roadway met the established municipal road standards.
Based on the above information, the Township's offer for reimbursement remains at $4,103.47.
Upon written acceptance, we will forward payment to the Greenwood Forest Road Committee.
I trust that the information provided addresses the concerns stated in your correspondence.
Yours truly,
Ijdi
cc: Mayor and Members of Council
. .
35 Greenwood Forest Rd. RR 1
Oro Station ON LOL 2EO
August 4, 2004
RECEIVED
Mrs. J. Zieleniewski, CAO
Township of Oro-Medonte
PO Box 100
ORO, ON LOL 2Xo
AUG 6 2004
ORO-MEDONTE
TOWNSHIP
Dear Mrs. Zieleniewski:
RE: Greenwood Forest Rd.
Thank you for your letter and the offer.
I am disappointed that your offer is a small fraction
of our cost. However I believe you should reconsider the
cost of repairs made in 1996 by Orval Hutchinson Construction.
which reconstructed a portion of the road bed. This was a
saving of over $400.00 for the Township.
The private road sign was attached to the old sign using
the old posts that were installed in the 1950's by the owner
when the road was opened. We would not have wasted this
money had we been informed about the ownership of the road.
You might be surprised that Mr. Ucci always paid his share
through his company and his daughter continued after her
home was built.
It was sad to see the old stone pillars destroyed by
the Township.. The original farm gates where attached here
long before any road or sale of lots was planned. They
did not present a traffic or paving problem and should have
remained as an attractive entrance to the parkland. The
Township's on the water side and the private parkland on
the opposite side .
Thank you for your consideration.
Sincerely,
U JJ;P:Jf~
W.J. McMechan
'3" ,.-~H'" kJo,O PeRf.S., P-'oAO
f< fJ. I
Op.,O '=7fIlT; c,.J O,J
l,oL. ::?~O
THE CORPORATlON OF THE
l
TO WN 8> flIP
(1m-or~ecdJde
May 5, 2004
Mr. W,J.Mc Mechan
35 Greenwood Forest Road
Comp 315 R R# 1
Oro Station ON LOL2EO
Dear Mr. Mc Mechan:
RE: Greenwood Forest Road
148 Line 7 S.. 'Box 100
Oro, Ontario LOl 2XO
Phone (705) 487-2171
fax . (705) 487-0133
www.oro-rnedonte.ca
Please be advised that our records indicate that invoices for road maintenance for
the period of 1994 to 2000 totaling $4,1 03.47 as detailed on the attached schedule were
paid by the Greenwood Forest Road Committee. We carmot ascertain any amounts billed
prior to amalgamation by the fOlIDer Township of Ore. If you can provide any
documentation for payments made from 1982 to 1993, the municipality vvill be in a
position to consider them at that time.
11 must be remembered that based on the assumption that Greenwood Forest Road
was privately held, the said Committee wrongly posted Private signs and restricted access
to a public road.
As such, by way of compromise, the municipality is prepared to reimburse the
said Committee the amount of$4,l 03.47, being the invoiced amounts frOIn 1994 to 2000.
Upon written acceptance of this proposal, we will forward payment in the amount
of $4,103.47 to the Greenwood Forest Road Committee.
c.c. Members of Council
.
4,103.47
35 Greenwood Forest Rd. RR 1
Oro Station ON LOL 2EO
January 28, 2004
Re: Greenwood Forest Rd.
J~
FEe -
4 lO(U
I ORO-MEDON
- TOW~~
Mrs. J. Zieleniewski, CAO
Township of Oro-Medonte
PO Box 100
ORO, ON LOL @XO
Dear Mrs. Zieleniewski;
I must apologize for being so late in replying to Mr.
Irwin's letter. It is difficult to locate all the information
relating to the maintenance and repairs of Bayview Avenue
now known as Greenwood Forest Road. There has been various
people looking after the job of collecting from the residents
and paying the Township. My record shows that the following was
collected and paid 1989 - $3304.00; 1991 - $1617.14;
1992 - $2240.00; 1994 - $2800.00; 1995 - $5363.68
1996 - $700.00; 1997 - $2200.00 .
I have enclosed all copies I
for repairs to the stone pillars.
confirm the amounts.
Please call me at 487 2735 if I can be of assistance.
paid to the Township and
Iassume your records will
Sincerely,
~ j;tJI~L-
---
W.J. McMechan
i,/! 4.
--:r 1-
V"......-
~.,/
THE CORPORATION OF THE
TOWN8tIIP
r9m-or7l6edvW
148 Line 7 5., Box 100
Oro, Ontario LOL 2XO
Phone (705) 487-2171
Fax (705) 487-0133
www.oro~medonte.ca
August 5, 2{)03
File # L04.05711
Mr. Wilf McMechan
35 Greenwood Forest Road
Compo 315, RR #1
Oro Station, Ontario
LOL 2EO
Re: Greenwood Forest Road
Dear Mr. McMechan;
As per your request at the Special Council meeting of July 31. 2003, please find enclosed copies of
the Land Titles Act documents and the parcel register in respect to Block 42. Plan 51M-187.
The enclosed documents clearly indicate that that Block 42 was conveyed to the Township of Oro-
Medonte in 1982.
Jennifer Zieleniewski, CAO, will feview the matter with respect to your comments that since 1982
residents of Greenwood Forest Road have been billed by the municipality for capital and maintenance
funds expensed on the road. 1f you have any documentation to this effect, please forward copies to
Ms. Zieleniewski at your earliest convenience.
We trust that the enclosed information is responsive to your request.
J. Douglask n
Records iJ;/nagement Coordinator
Ijdi
Enclosures
cc: Mayor and Members of Council
Jennifer Zieleniewski
\\nCi \
THE CORPORATION OF THE MUNICIPALITY OF ORO-MEDONTE
BY-LAW NO, 2005-127
Being a By-law to change the zoning on lands described as Part of
Lot 10, Concession 5
(Medonte), Township of Oro-Medonte
(Evans - Roll # 4346-020-002-08600)
and to Repeal By-Law No. 2005-112
WHEREAS Zoning By-law 1997-95 was enacted to regulate the use of land and the
character, location, and use of buildings and structures within the Township of Oro-
Medonte;
AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte
deems it appropriate to lurther amend By-law 1997-95, as amended;
AND WHEREAS this By-law is in conformity with the Official Plan of the Township of
Oro-Medonte;
AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte is
empowered to pass By-laws to regulate Ihe use of land pursuant to Section 34 of the
Planning Act, R.S.O. 1990, c.P.13.
NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte
enacts as follows:
1. Schedule 'A20' to Zoning By-law No, 97-95 as amended, is hereby further
amended by changing the zone symbol applying to the lands described as Part
of Lot 10, Concession 5, in the lormer geographic Township of Medonte, now in
the Township of Oro-Medonte, from the Agricullural/Rural Exception 96
(AlRU'96) Zone to the Agricultural/Rural Exception 164 (AlRU'164) Zone as
shown on Schedule 'A-1' attached hereto and forming part of this By-law.
2. Section 7 - Exceptions of Zoning By-law No. 97-95 as amended, is hereby
further amended by the addition of the following subsection:
"7.164
'164 Part of Lot 10, Concession 5 (Medonte)
Notwithstanding any other provision in this By-law, only a single detached
dwelling shall be permitted on the lands denoted by the symbol '164 on
the schedules to this By-law,"
3. That By-Law No. 2005-112 be repealed in its entirety.
4. This By-law shall come into eflect upon the date of passage hereof, subject to
the provisions of the Planning Act, as amended.
BY-LAW READ A FIRST AND SECOND TIME THIS 7th DAY OF DECEMBER, 2005.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS
,2005.
DAY OF
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook
\
\
Schedule 'A-1' to By-Law
2005-127
This is Schedule 'A-1' to By.Law 2005.127
passed the day of , 2005.
Mayor
&
--
J. Neil Craig
Clerk
Marilyn Pennycook
500m former wasle disposal radius . Lands subject to rezoning
Township of Oro-Medonte
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
PUBLIC MEETING MINUTES
Re: Proposed Amendment Zoning By-Law
(2005-ZBA-23), Part of Lot 10, Concession 5 (Medonte), Township of Oro-Medonte
(Jeffrey Gooch)
b
November 28, 2005 @ 7:01 p.m.
Municipal Council Chambers
Present: Mayor J. Neil Craig
Deputy Mayor Harry Hughes
Councillor Dan Buttineau
Councillor Paul Marshall
Councillor Ralph Hough
Councillor John Crawford
Councillor Ruth Fountain
Staff Present: Bruce Hoppe, Director of Planning; Janette Teeter, Clerk's Assistant
Also Present: Terry Allison, John Miller, Craig Drury, Bob Barlow, Grace Kidd
Mayor J. Neil Craig called the meeting to order and explained the public meeting is to
obtain public comments on proposed amendment to the Zoning By-Law.
Notice of the Public Meeting was mailed to landowners within 120m (400 feet) of the
specified site on November 8, 2005 and posted on a sign on the subject property on
November 8, 2005.
The following correspondence was received at the meeting: Simcoe County District
School Board dated November 21, 2005.
Bruce Hoppe, Director of Planning, provided an overview of the proposed amendment
to the Zoning By-Law.
The following persons offered verbal comments with respect to the proposed
amendment to the Zoning By-Law: None.
The Mayor advised that written submissions will be received at the Township office until
December 16, 2005.
There being no further comments or questions, the meeting adjourned at 7:08 p.m.
A recording of the meeting is available for review at the Township Administration
Centre, 148 Line 7 South.
I':)
-
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
PUBLIC MEETING MINUTES
Re: Proposed Plan of Subdivision and proposed Amendment to the Zoning By-law
Applications 2005-SUB-01 and 2005-ZBA-22 (TRY Recycling Ltd.)
West Part of Lot 19, Concession 8 (Oro) Township of Oro-Medonte
November 28, 2005 @ 7:10p.m.
Municipal Council Chambers
Present: Mayor J. Neil Craig
Deputy Mayor Harry Hughes
Councillor Dan Buttineau
Councillor Paul Marshall
Councillor Ralph Hough
Councillor John Crawford
Councillor Ruth Fountain
Staff Present: Bruce Hoppe, Director of Planning; Janette Teeter, Clerk's Assistant
Also Present: Terry Allison, John Miller, Craig Drury, Bob Barlow, Marni Fife, Bernie
and Annette Smit, Gerry & Carol Crawford, June Jongmans, Ted
Snider, Donna Snider, Shirley Woodrow, Lisa Groves, Mr. and Mrs.
George Pepler, Frank Lepschi, Fraser McConney, Ron & Darlene
Woods, Steve Astin, Bill Fawcett, Bob Swerdon, Andria Leigh, Jim
Graham, Grace Kidd, LA Mills, Alex McGuire-Mills, George Lucas,
Barry Place, R. Van Gastel, George Atkinson, Bill Graham, Stacey
Graham, Reta Regelink, Carol Benedetti, Doug & Sharon McBride,
Steve & Nancy Stoddart, Lorna Sommers, Gail Robinson, Bob
Hodgson, Fred Schafer
Mayor J. Neil Craig called the meeting to order and explained the public meeting is to
obtain public comments on proposed amendments to the Zoning By-Law and proposed
plan of subdivision.
Notice of the Public Meeting was mailed to landowners within 120m (400 feet) of the
specified site on November 8, 2005 and posted on a sign on the subject property on
November 8, 2005.
The following correspondence was received at the meeting: City of Orillia dated
November 23,2005; Peter Dorbon, MTO Central Region dated November 17, 2005;
Simcoe County District School Board dated November 21,2005; W. Fawcett dated
November 26, 2005; Jason Kipps dated November 28, 2005; Lake Simcoe Region
Conservation Authority dated November 28, 2005; Burl's Creek Family Event Park
dated November 28, 2005.
Bruce Hoppe, Director of Planning, provided an overview of the proposed amendments
to the Zoning By-Law and proposed plan of subdivision.
- 2-
The following persons offered verbal comments with respect to the proposed
amendments to the Zoning By-Law and proposed plan of subdivision: Andria Leigh, Jim
Graham, Marni Fife, Steve Astin, George Pepler, Fraser McConney, Ted Snider, Doug
McBride, Bob Swerdon, Nancy Stoddart, Reta Regelink.
The Mayor advised that written submissions will be received at the Township office until
January 27,2006.
There being no further comments or questions, the meeting adjourned at 9:10 p.m.
A recording of the meeting is available for review at the Township Administration
Centre, 148 Line 7 South.
Public Meeting Minutes
November 28, 2005
2005.ZBA.22, 2005.SUB.01
TOWNSHIP OF ORO~MEDONTE
PLANNING ADVISORY COMMITTEE MINUTES
2003-2006 TERM
\
,
~\
November 28,2005 @ 9:19 p.m.
Robinson Room I Council Chambers
Present:
Council Representatives
Mayor J. Neil Craig
Deputy Mayor Harry Hughes
Councillor Dan Buttineau
Councillor Ralph Hough
Councillor Paul Marshall
Councillor John Crawford
Councillor Ruth Fountain
Public Representatives
Terry Allison
Robert Barlow
Craig Drury
John Miller
Regrets:
Mel Coutanche
Staff Present:
Bruce Hoppe, Director of Planning; Janette Teeter, Clerk's Assistant
Also Present:
Marni Fife, Frank Lepschi, Bob Hodgson
1. Opening of Meeting by Chair.
Mayor J. Neil Craig assumed the chair and called the meeting to order.
2. Adoption of Agenda.
Motion No. PAC-1
Moved by Terry Allison, Seconded by Robert Barlow
It is recommended that the agenda for the Planning Advisory Committee meeting of
Monday, November 28,2005 be received and adopted, as amended to revise Item 6b)
from 229 Lakeshore Road West to 220 Lakeshore Road West.
Carried.
3. Declaration of Pecuniary Interest and the General Nature Thereof - in
Accordance with the Act.
None declared.
4. Minutes of Previous Meetings - October 24, 2005.
Motion No. PAC-2
Moved by Robert Barlow, Seconded by Terry Allison
It is recommended that the minutes of the Planning Advisory Committee Meeting held on
October 24, 2005 be received and adopted.
Carried.
5. Correspondence and Communication.
(a) Memorandum from Bruce Hoppe, Director of Planning re: Status - Planning
Applications dated November 23, 2005.
Motion No. PAC-3
Moved by Terry Allison, Seconded by Robert Barlow
It is recommended that the memorandum dated November 23, 2005 from Bruce Hoppe,
Director of Planning re: Status - Planning Applications be received.
Carried.
6. Planning Applications.
a) Planning Report presented by Bruce Hoppe, Director of Planning, Re: Bachly
Investments Inc., Blocks 65-69, Registered Plan 51 M-679 (Medonte), Township of
Oro-Medonte, Application 2005-ZBA-19.
Motion No. PAC-4
Moved by John Miller, Seconded by Craig Drury
It is recommended that
1. Report No. PD 2005-064, presented by Bruce Hoppe, Director of Planning, Re: Bachly
Investments Inc., Rezoning Application 2005.ZBA-19 ,Blocks 65-69, Registered Plan
51 M-679 (Medonte), Township of Oro-Medonte, be received and adopted.
2. That it is recommended to Council that the application for rezoning submitted by Bachly
Investments Inc. respecting Blocks 65-69, Registered Plan 51 M-679 (Medonte),
Township of Oro-Medonte from Residential One Holding R 1 (H) to a site specific
Residential One Holding Exception R1 (H)*165 Zone to establish a 1,860 square metre
minimum lot area for Phase 2 of the development be approved; That the request for
amendments to the minimum sideyard setback not be supported; And Further That the
Clerk bring forward the implementing By.law for approval.
Carried.
Planning Advisory Committee Meeting
November 28, 2005, Page 2
b) Planning Report presented by Bruce Hoppe, Director of Planning, Re: Frank
Lepschi Concession 6, Part Lot 27, RP 51R-16789 Part 1, 229 Lakeshore Road
West (Oro) Township of Oro-Medonte, Application 2005-ZBA-30.
Motion No. PAC-5
Moved by Craig Drury, Seconded by John Miller
It is recommended that
1. Report No. PD 2005-065, presented by Bruce Hoppe, Director of Planning, Re:
Frank Lepschi, Rezoning Application 2005-ZBA-30, Concession 6, Part Lot 27, RP
51 R-16789 Part 1,220 Lakeshore Road West (Oro) Township of Oro-Medonte, be
received and adopted.
2. And Further That it is recommended to Council the application for rezoning submitted
by Frank Lepschi respecting Concession 6, Part Lot 27, RP 51 R-16789 Part 1, 220
Lakeshore Road West (Oro) Township of Oro-Medonte be scheduled for a Public
Meeting pursuant to Section 34 of the Planning Act.
Carried.
7. Other Business.
a) Next PAC Meeting - Monday, January 30,2006
8. Adjournment.
Motion No. PAC-6
Moved by Craig Drury, Seconded by John Miller
It is recommended that we do now adjourn at 9:51 p.m.
Carried.
Chair, Mayor J. Neil Craig
Director of Planning, Bruce Hoppe
Planning Advisory Committee Meeting
November 28, 2005, Page 3
Committee of Adiustment Minutes
~1
Tuesday November 29, 2005, 7:00 p.m.
In Attendance: Chairman Allan Johnson, Member Dave Edwards, Member Garry
Potter, Member Lynda Aiken, Member Michelle Lynch and Secretary-Treasurer
Andy Karaiskakis
1. Communications and Correspondence
a) None
2. Disclosure of Pecuniary Interest
None declared
3. HearinQs:
7:00
Aaron & Karen Ambrose
Plan 798, Lots 33 34 (Oro)
67 Lakeshore Road East
2005-A-48
In Attendance: Aaron Ambrose, applicant
BE IT RESOLVED that:
Moved by Lynda Aiken, seconded by Michelle Lynch
"That the Committee hereby approve Minor Variance Application 2005-A-48
subject to the following conditions:
1. That the appropriate building permit be obtained from the Township's Chief
Building Official only after the Committee's decision becomes final and
binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13;
2. That the garage be no closer than 7.6 metres (25 feet) from the front lot
line;
3. That an Ontario Land Surveyor provide verification to the Township of
compliance with the Committee's decision by verifying in writing that the
garage be no closer than 7.6 metres (25 feet) from the front lot line; and,
4. That the setbacks be in conformity with the dimensions as set out in the
application and on the sketch submitted with the application and approved
by the Committee, as submitted.
.. ...Carried."
Committee of Adjustment-November 29,2005
Page 1
\
5. Other Business
None
6. Adiournment
Moved by Michelle Lynch, Seconded by Dave Edwards
"We do now adjourn at 7:25 p,m,"
... Carried,"
(NOTE: A tape of this meeting is available for review.)
Chairperson,
Allan Johnson
Secretary-Treasurer,
Andy Karaiskakis
Committee of Adjustment-November 29,2005
Page 2
\1~
Severn Sound Environmental Association
67 Fourth Street Midland. Ontario L4R 3S9
(705) 527.5166. FAX (05) 527.5167
Ernail: ksherman@towo.midland.oo.caWebsite: www.scvemsound.ca
November 18. 2005
Ms. Marilyn Pennycook, Clerk
The Corporation of the Township of Oro-Medonte
Box 100
Oro, ON
LOL 2XO
Dear Ms. Pennycook,
RE: BUDGET REQUEST FOR THE SEVERN SOUND ENVIRONMENTAL
ASSOCIATION AGREEMENT - 2006
In April of 2004, the Severn Sound Environmental Association (SSEA) Agreement was renewed for a
five-year term. As part of the annual budgeting process the SSEA has considered operation costs over
a five-year horizon. The overall municipal share for 2005 has been $100.000. The share of that cost
from the Township of Oro-Medonte has been $14,770 (or 14,77%). The overall municipal share of the
SSEA budget for 2006 will increase slightly to $103,000 as per discussion with the SSEA.
Accordingly, the request for the 2006 SSEA budget from the Township of Oro-Medonte is
$15,213. This amount covers SSEA operation and does not include requests for special project
funding,
During 2006, major activities of the SSEA will involve the following.
. Sustainability Plan for Severn Sound
. Source Water Protection
. Groundwater Study
. Habitat Assessment
. Plan Input and Review
. Healthy Streams Project
. Monitoring (Open water, Streams, Beaches, Groundwater. Benthos, Fish, Habitat)
Thank you for your continuing support and participation in the Environmental Association. We also
appreciate the leadership provided by Councilor Ralph Hough, your representative on the Association.
If I can answer any questions or if you would like a deputation to present our request please contact
me,
Yours Truly,
A '" //
/~r~ ".<] l-e,'-______
Keith Sherman, Coordinator
Severn Sound Environmental Association
.
'.
RECEIVED I
I
, ,
SEP 2 7 2005
35 Greenwood Forest Road
HR 1 Oro Station ON LOL 2EO
September 13, 2005
ORO-MEDONTE
TOWNSHIP
Mayor Craig and the Councillors ofOro-Medonte
148 Line 7S. Oro ON LOL 2XO
Dear Mayor Craig and councillo~S:
As you know I have been communicating with Mrs. Zieleniewski
regarding the money spent by the residents of Bayview Avenue
now part of Greenwood Forest. Road after the road was assumed by
the Township of Oro. We wrongly and maybe illegally maintained
and repaired the road after it was conveyed to the Township
on June 7th 1982. It is evident that the staff was instructed
to conceal this situation from us or there was a lack of
supervision.
We are accused of erecting an illegal Private Road Sign
and we did because we didn't know we were Law Breakers by
re;fnewing the old sign that was established in the 1950's.
Tne Township Staff removed the sign and broke the supporting
posts into a number of pieces and abandoned them in the ditch
where they remained for over two years.
History appears important with the available books and
the memorabilia on the walls of the Administration Building.
However the staff removed the charming stone gate pillars
that were over seventy five years old and in excellent condition.
These were not the cement block vineered stone as we have at
Memorial Park. They have never presented a problem and would
have been a wonderful entrance to the parkland of 110 met~es
on one side and 665 metres on the other side of the road.
They could have been moved but that was not necessary and
would also be adeterrent to speeders. The No Exit signs were
also removed.
A bill is enclosed for the amount paid to Orval Hutchinson
Construction for the necessary road repair and at a lower price
than t~e Township estimated. That portion of the road was
always a problem and I saw two .of my neighbours requiring Tow
Trucks to pull them out of the mud.
There was not a Road Committee as such, we took turns
collecting the money and paying the Township and others for
the road repairs and maintenance. This is the reason I have
only a few of the invoices that I paid but most are missing.
Mayor Craig, you and our Councillors are our representatives
and we expect you to be fair to all concerned. We will be
pleased to accept the amount you agree upon to reimburse us.
Thank you for your consideration.
fJ?JJtfjf~
W.J. McMechan
.-
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TOWNSHIP OF ORO
R.R. NO.2
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LQL 2EO
DATE
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THE CORPORATION OF THE TOWNSHIP OF ORO
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(705) 487.2016
THE TOWNSHIP OF ORO
DATE
:EIVED FROM: GREENW~JD FOREST ASSOC.
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TOWNSHIP OF ORO
R.R. #1
Oro Station, Ontario
LOL 2EO
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Date 65 0('>) Z 0
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Prompt payment of this account is requested
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THE CORPORATION OF THE TOWNSHIP OF ORO
R.R. #1, ORO STATION, ONTARIO, LOL 2EO
(705) 487.2016
THE TOWNSHIP OF ORO
RECEIPT
DATE :::5/10/31
IVED FROM: GREENWOOD FOREST
135.(H) FOR
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LO~ 2EO
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Dear' Oenr-da,
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~n-,1?nk yt.::.u fo'( givir....9 me the c,pp"::'l"tl.\nity tel give you ~ q\.\I:,te~
f"ly qt.tC;tE' fr':IT tlie t,::n
Road 2.'l" €i
th~ proposed yepoiY9 to Greenwood Forest
Diggirlg ou't rQad 20f't by ~Oft, 1ft deep
LQwe~ing erne ~ulvert
Refnoving sod from "oad ~ide
Greding and placing grave:
1(10 tonr,e5 pit rufl 9raY~1 05.00 p~r tonn~
$b:;~O. 0(1
$1:50,00
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$56.C\.OC!
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$4491:1.00
PST 131.20
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THE CORPORATION OF THE
TOWN8fIIP
rJJVor7l6ecdm/e
148 Line 7 S.. Box 100
Oro. Ontario LOL 2XO
Phone (705) 487.2171
Fax (705) 487.0133
-
www.oro~medonte.ca
October 26, 2004
File # L04-05711
Mr. Wilfred J. McMechan
35 Greenwood Forest Road
RR#1
Oro Station, ON
LOL 2EO
RE: Greenwood Forest Road
Dear Mr. McMechan:
In response to your correspondence of August 4, 2004, the Township of Oro-Medonte offers the
following for your consideration,
The Township's offer to reimburse the Greenwood Forest Road Committee in the amount of
$4,103.47 is the amounts invoiced by the Township to the Committee from 1994 to 2000.
Staff have reviewed the works conducted by Orval Hutchinson Construction in 1996 and have
determined that the municipality would not have undertaken these works on the road.
The pillars were located within the road allowance and as such had to be removed in order to
ensure that the roadway met the established municipal road standards.
Based on the above information, the Township's offer for reimbursement remains at $4,103.47.
Upon written acceptance, we will forward payment to the Greenwood Forest Road Committee.
I trust that the information provided addresses the concerns stated in your correspondence.
Yours truly,
Ijdi
cc: Mayor and Members of Council
.
-'
I
I
35 Greenwood Forest Rd. RR 1
Oro Station ON LOL 2EO
August 4, 2004
RECEIVED
Mrs. J. Zieleniewski, CAO
Township of Oro-Medonte
PO Box 100
ORO, ON LOL 2Xo
AlJ6 6 1004
ORO-MEDONTE
TOWNSHIP
Dear Mrs. Zieleniewski:
RE: Greenwood Forest Rd.
Thank you for your letter and the offer.
I am disappointed that your offer is a small fraction
of our cost. However I believe you should reconsider the
cost of repairs made in 1996 by Orval Hutchinson Construction.
which reconstructed a portion of the road bed. This was a
saving of over $400.00 for the Township.
The private road sign was attached to the old sign using
the old posts that were installed in the 1950's by the owner
when the road was opened. We would not have wasted this
money had we been informed about the ownership of the road.
You might be surprised that Mr. Ucci always paid his share
through his company and his daughter continued after her
home was built.
It was sad to see the old stone pillars destroyed by
the Township.. The original farm gates where attached here
long before any road or sale of lots was planned. They
did not present a traffic or paving problem and should have
remained as an attractive entrance to the parkland. The
Township's on the water side and the private parkland on
the opposite side .
Thank you for your consideration.
Sincerely,
14'- JJ!'!Jf~~
W.J. McMechan
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THE CORPORATlON OF THE
148 Line 7 5.. Box 100
Ora, Ontario LOL 2.XO
TOWN8tlIP
(jJ~OfJ#6ecdYW
Phone (70S) 487.2171
Fax (70S) 487.0133
www.oro-medonte.ca
May 5, 2004
Mr. W.J.Mc Meehan
35 Greenwood Forest Road
Comp 315 RR# 1
Oro Station ON LOL2EO
Dear Mr. Mc Meehan:
RE: Greenwood Forest Road
Please be advised that our records indicate that invoices for road maintenance for
the period of 1994 to 2000 totaling $4,103.47 as detailed on the attached schedule were
paid by the Greenwood Forest Road Committee. We cannot ascertain any amounts billed
prior to amalgamation by the former Township of Oro. If you can provide any
documentation for payments made from 1982 to 1993, the municipality will be in a
position to consider them at that time.
It must be remembered that based on the assumption that Greenwood Forest Road
was privately held, the said Committee wrongly posted Private signs and restricted access
to a public road.
As such, by way of compromise, the municipality is prepared to reimburse the
said Committee the amount of$4,103.47, being the invoiced amounts from 1994 to 2000.
Upon written acceptance of this proposal, we will forward payment in the amount
of$4,103.47 to the Greenwood Forest Road Committee.
TOWNSHIP OF ORO-MEDONTE \
INVOICES PAID BY GREENWOOD FOREST
ROAD COMMITTEE
1994 TO 2000
Date Inv# Amount
January 12,2000 1512 54.76
January 18,1999 1454 53.71
April 23, 1999 1475 245.13
May 31,1998 1398 214.86
September 8,1998 1413 53.71
November 3,1997 1345 26.94
December 16,1996 1249 246.10
1995 1158 2,823.04
1994 1058 69.56
1076 246.10
1087 69.56
4,103.47
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE I ~~
BY-LAW NO. 2005-121
A By-law to Amend By-law No. 2004-011, as amended, a By-law to Appoint
Representatives to Various Committees/Organizations
WHEREAS Section 224 of the Municipal Act 2001, S.o. 2001, c.25, as amended,
provides that the role of Council is to ensure that administrative practices are in place to
implement the decisions of Council;
AND WHEREAS Council of the Township of Oro.Medonte did, on the 21" day of
January, 2004 enact By.law No. 2004.011 to appoint representatives to various
committees/organizations;
AND WHEREAS Council of the Township of Oro.Medonte did, on the 7'h day of
December, 2004 enact By.Law No. 2004.130 to amend By. Law No. 2004.11.
NOW THEREFORE the Council of the Township of Oro.Medonte hereby enacts as
follows:
1. THAT the following be added to Section 2 of By.law No. 2004.011, as amended:
2.e) THAT the following representatives be appointed to the respective
committees/organizations for a one.year term effective January 1, 2006:
Site Plan Control Technical Support Group (2): Councillor Paul Marshall
Councillor Dan Buttineau
. Orillia Chamber of Commerce (1) Councillor Ruth Fountain
. Orillia Library Board (1) Councillor John Crawford
. Oro-Medonte Chamber of Commerce (1) Councillor John Crawford
. Oro-Medonte Community Policing Committee (1) Councillor Dan Buttineau
2. THAT the following be added to Section 3 of By.law No. 2004.011, as amended:
3.e) THAT the following representatives be appointed to the Recreation
Technical Support Group effective January 1, 2006:
One Year Term (2):
Councillor Dan Buttineau
Councillor Paul Marshall
. Term of Council:
Bob Gregory
Ian Hunter
Lynette Crawford Mader
3. THAT this by.law shall come into force and take effect on its final passing
thereof.
BY-LAW READ A FIRST AND SECOND TtME THIS 7TH DAY OF DECEMBER 2005.
BY-LAW READ A THIRD TIME AND FtNALL Y PASSED THtS
2005.
DAY OF
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn Pennyeook
\
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2005-124
Being a By-law to Designate Areas of the Township of Oro-Medonte
as Site Plan Control Areas
and to Repeal By-laws No. 94-55, 97-15, 98-97, 2004-122, and 2005-028
WHEREAS the Official Plan of the Corporation of the Township of Oro-Medonte was
approved by the Minister of Municipal Affairs on August 15, 1997;
AND WHEREAS Council for the Corporation of the Township of Oro-Medonte
established Site Plan Control policies in the Official Plan for the Township;
AND WHEREAS Section 41(2) and 41(3) ofThe Planning Act, RSO, 1990 c. P, 13, as
amended provides that where in an Official Plan an area is shown or described as a
proposed Site Plan Control area, the Council of the local Municipality in which the
proposed areas is situate may, by by-law, designate the whole or any part of such area'
as a Site Plan Control area and further that Site Plan Control
areas may be designated on the basis of their zone category in the Township's Zoning
By-law:
AND WHEREAS Council deems it advisable to provide for Site Plan Control areas in
order to provide for the orderly development of commercial, industrial and other special
areas within the Township;
NOW THEREFORE the Council for the Corporation of the Township of Oro-Medonte
hereby enacts as follows:
1. Definitions
(a) "Council" means the Council for the Corporation of the Township of Oro-
Medonte,
(b) "development" means the construction, erection, or placing of one or more
buildings or structures on land or the making of an addition or alteration to
a building or structure that has the effect of substantially increasing the
size or usability thereof, or the laying out and establishment of a
commercial parking lot or at sites for the location of three or more trailers
as defined in Section 168(5) of the Municipal Act 2001, S.o. 2001, c.25,
as amended, or of sites for the location of three or more mobile homes,
(c) "person" means an individual, association, firm, partnership, corporation,
trust, incorporated company, or other legal representatives of a person to
whom the same can apply according to law.
(d) "Township" means the Corporation of the Township of Oro-Medonte,
(e) "zoning by-law" means the Township of Oro-Medonte Comprehensive
Zoning By-law, as amended;
2.
Lands and Uses Subject to Site Plan Control
ILP
2.1 The following Zones in By-law 97-95 are designated as a Site Plan Control area
in accordance with Section 41 (13)(a) of the Planning Act, RS.o. 1990 C.P. 13, as
amended:
ZONE LANDS/USES SUBJECT EXCEPTIONS
TO SITE PLANCONTROL WITHIN ZONE
Agricultural/Rural (AlRU) Bed and breakfast All other classes of
Zone establishments and home development within this
industries as defined by zone.
By-law 97-95; as well as
the enlargement,
renovation or addition to a
dwelling unit located on an
existing private road,
unassumed road or
seasonally maintained
road.
Economic Development All classes of development Expansion to existing uses
(ED) Zone within this zone. in this Zone that involve an
increase in gross floor
area of less than 25
oercen!.
Future Development (FD) All classes of development Conservation uses.
Zone within this zone.
Institutional (I) Zone Places of Worship as All other classes of
defined by By-law 97-95. development within this
zone.
Local Commercial (LC) All classes of development Expansion to existing uses
and General Commercial within this zone. in this Zone that involve an
(GC) Zones ! increase in gross floor
area of less than 25
oercen!.
Private Recreation (PR) Bed and breakfast All other classes of
Zone establishments, cross development within this
country ski facilities, golf zone.
courses, downhill ski
facilities and mountain
bike facilities as defined by
Bv-Iaw 97 -95.
Residential Limited The enlargement. All other classes of
Service (RLS) Zone renovation, or addition to development within this
a dwelling unit located on zone.
an existing private road or
individual riaht-of-wav
Residential Two (R2) Zone Townhouses, multiple, and All other classes of
apartment dwelling units, development within this
zone,
Rural Industrial (IR) and All classes of development Expansion to existing uses
Local Industrial (L1) Zones within this zone. in this Zone that involve an
increase in gross floor
area of less than 25
Dercen!.
2.2 The following uses, as defined by By-iaw 97-95, are subject to Site Plan Control in
any Zone where they may be located:
(a) bed and breakfast establishments;
(b) residential care home;
(c) farm produce sales outlets where on-site parking is proposed;
(d) kennels; and
(e) trailer parks,
2.3 All commercial and industrial uses permitted by way of exception in Section 7.0 of
By-law 97-95 and all legal and non-conforming industrial and commercial uses in
any Zone are also subject to Site Plan Control.
2.4 The properties listed in Schedule 'A' and shown on Schedule 'B' attached hereto,
and forming part of this by-law, are designated as Site Plan Control areas in
accordance with Section 41 of the Planning Act, RS.o. 1990 C.P. 13, as amended:
3. No person shall undertake any development in an area designated under Section 2
of this by-law unless the Council of the Township of Oro-Medonte has approved its
Site Plan and authorized the execution of a Site Plan Control agreement.
4. The requirement for a Site Plan Control Agreement may be waived;
(a) by the Council of the Township of Oro-Medonte when, in the Council's
opinion. the extent and nature of the development does not warrant an
agreement;
(b) in the case of amendments to existing site plan agreements where the
Director of Engineering and Environmental Services is of the opinion that the
use and development of the lands provided for in the original agreement
remains substantially unaltered;
(c) where the Director of Engineering and Environmental Services is of the
opinion that the use and development of the lands is considered minor in
nature.
5. Every person who is required to enter into a Site Plan Control Agreement under this
by-law shall provide information on the development as authorized by Section 41 of
the Planning Act and contained on a "Site Plan Control Application" form as may be
approved by Council from time to time.
6. No building permit shall be issued for any development in the area designated under
Section 2 of this by-law until such time as an agreement has been approved or the
requirement for a Site Pian has been waived pursuant to Section 4 of this by-law.
7. Every person who contravenes this by-law is guilty of an offence and on conviction is
liable to a fine not to exceed $20,000.00 as provided for in the Provincial Offences
Act, R.S.O. 1990, Chap. P.33.
8. That By-laws No. 94-55, 97-15, 98-97, 2004-122, and 2005-028 are hereby repealed
in their entirety.
9. That Schedule 'A' and Schedule 'B' attached hereto shall form part of this by-law.
10. That this by-law shall take effect on the final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 7TH DAY OF DECEMBER, 2005.
BY-LAW READ A THIRD TIME AND FIN ALL Y PASSED THIS
DAY OF
2005.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook
SCHEDULE 'A'
\
TO BY-LAW NO. 2005-124
The following properties are designated as Site Plan Control Areas in accordance with
Section 41 of the Planning Act, R.S,Q. 1990, c.P.13, as amended:
1. Lands zoned '31 in Comprehensive Zoning By-law 97-95 of the Township of Oro
Medonte, described as E1/2 of Lot 22, Concession 8 (Oro), Township of Oro-
Medonte, Roll Number 4346-010-009-06700, 240 Line 8 South (Barrie
Speedway)
2. Part of Lots 5 and 6, Concession 14, being Lots 5 and 6, Plan M-205, Part 1,
RP51 R-14573 (Oro), Township of Oro-Medonte, Roll Number 4346-010-005-
21807-0000,14 Petherwin Place (Locke)
3. South Part of Lot 17, Concession 3 (Orillia), Township of Oro-Medonte, Roll
Number 4346-030-012-43100-0000,18 Moon Point Drive (Cooke).
4, Lands designated Residential One (R1) Zone in Registered Plan 1464, Lots 23
and 24, Concession 11 (Oro), Township of Oro-Medonte - zoned with Holding
Provisions prior to September 16,1998 (Ukranian Camp)
5. Lands designated as Agricultural and described as East Part of Lot 17,
Concession 3, Township of Oro-Medonte, Roll Number 4346-010-002-06300,
608 Line 3 North (Trans-Canada Pipelines)
6. Lands designated as Agricultural and described as West Part of Lot 15,
Concession 4 (Medonte), Township of Oro-Medonte, Roll Number 4346-020-002-
04000,1071 Moonstone Road West (Hillsdale Correctional Camp).
7. Lots 1 to 13 inclusive, Plan 51M-720, Township of Oro-Medonte.
I
SCHEDULE B
TO BY-LAW NO. 2005- 124
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2005-12B
A By-law to Authorize the Execution of a Site Plan Control Agreement
between The Corporation of the Township of Oro-Medonte
and
1146319 Ontario Inc. (Rama Plastics Inc.)
described as lands as foil ows:
Lot 24, Registrar's Compiled Plan #1720
Being all of PIN #58566-0096 (Lt)
Roll #4346-030-012-26152-0000
Township of Oro-Medonte, County of Simcoe
WHEREAS authority to enter into Site Plan Control Agreements is provided for in
Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council
deems it necessary to enter into a Site Plan Control Agreement on the lands described
herein;
AND WHEREAS By-Law No. 98-97, a By-Law to Designate Areas of the Township as
Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte,
pursuant to the provisions ofThe Planning Act, R.S.O" 1990, c. P. 13, as amended;
AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control,
pursuant to By-Law No. 98-97, as amended;
NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
follows:
1. THAT the Township enter into the Site Plan Control Agreement attached hereto as
Appendix "A"', on lands described on the attached Schedule "'A"';
2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control
Agreement on behalf of the Corporation of the Township of Oro-Medonte;
3. THAT the attached Appendix "A"' and Schedules "'A, B, C and D"' shall form part of
this By-Law;
4. THAT this By-Law shall take effect on the final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 7TH DAY OF DECEMBER, 2005.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS
DECEMBER, 2005.
DAY OF
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J_ Neil Craig
Clerk, Marilyn Pennycook
APPENDIX "A"
to By-Law No. 2005-128
SITE PLAN AGREEMENT
- between -
1146319 Ontario Inc.
(Rama Plastics Inc.)
- and -
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
Lot 24, Registrar's Compiled Plan #1720
Being all of PIN #58566-0096 (Lt)
Roll #4346-030-012-26152-0000
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
September, 2005
By-Law No. 2005-128
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 1 0
Schedule "A"
Schedule "B"
Schedule "C'"
Schedule "0'"
THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN AGREEMENT
TABLE OF CONTENTS
Covenants by the Owner
Covenants by the Township
Development Restrictions
Development Changes
Security
Compliance
Co-operation
Binding Effect
Severability of Clauses
Save Harmless
SCHEDULES
Legal Description of Lands
Site Plan
Deeds and Easements to be Conveyed
Itemized Estimate of Cost of Construction
2
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SITE PLAN CONTROL AGREEMENT
This Agreement made, in quadruplicate, this day of
accordance with Section 41 of the Plannina Act.
2005, in
BETWEEN:
1146319 Ontario Inc.
Hereinafter cailed the "Owner"
PARTY OF THE FIRST PART
-and-
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Hereinafter cailed the "Township"
PARTY OF THE SECOND PART
WHEREAS the Owner has applied to the Township 01 Oro-Medonte to permit a 7,500
sq.!t. storage building on lands described in Schedule "A", attached hereto;
AND WHEREAS the Township has enacted a By-law to provide for the designation of the
lands as a "Site Plan Control Area";
AND WHEREAS the Owner intends to deveiop the lands in accordance with the Site Plan
attached hereto as Schedule "B";
NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual
covenants hereinafter contained, the parties hereto hereby covenant and agree as
loilows:
3
1. COVENANTS BY THE OWNER
(
The Owner covenants and agrees as follows:
a) The Owner owns the subject lands described in Schedule "A", attached hereto,
and has provided the Township with a Registered Deed containing the legal
description of the subject lands.
b) This Agreement may be registered against title to these subject lands and shall
take priority over any subsequent registrations against the title to the subject lands.
c) No work shall be performed on the lands, nor any use made of the subject lands
with respect to the proposed development, except in conformity with all the
provisions of this Agreement.
d) The Owner shall, prior to the execution of this Agreement, obtain all necessary
permits and approvals from the Township and from all Ministries and Agencies,
including, but not limited to, the County of Simcoe,
e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes
and charges related to obtaining the approval of these lands for the intended use.
f) The Owner shall pay a refundable deposit for such reasonable costs as may be
involved to the Township in having its solicitor, engineer, planner and staff, perform
any work in connection with this Agreement, including the preparation, drafting,
execution, and registration of this Agreement. The Owner acknowledges and
agrees that the Owner shall be responsible for the cost of performance of all the
Owner's obligations hereunder, unless the context otherwise requires. Every
provision of this Agreement, by which the Owner is obligated in any way, shall be
deemed to include the words "at the expense of the Owner", unless specifically
stated otherwise. The refundable deposit for expenses and actual cost shall be
$1,000.00. The Owner shall replenish the refundable deposit, to its full amount,
when the expenses and actual costs are submitted by the Township.
g) The Owner shall have delivered to the Township, all Transfers/Deeds, Discharges
and Easements, or other documents required by Schedule "C", as well as
certification from the Owner's solicitor that the Transfer/Deeds and Easements
shall provide the Township with good title, free and clear from all encumbrances.
h) The Owner agrees that prior to issuance of a Building Permit, a Sewage System
Permit approval must be received by the Township/Ministry of the Environment.
2. COVENANTS BY THE TOWNSHIP
The Township covenants and agrees as follows:
a) Thai the Township has enacted a By-law to permit a 7,500 sq.ft. storage building
described on the Site Plan.
b) That the Township agrees that subject to compliance by the Owner with all
relevant Municipal By-laws and Provincial Statutes and Regulations, the Owner
may proceed to develop the subject lands, as indicated on the Site Plan attached
hereto as Schedule "B", subject to the development restrictions contained herein.
3. DEYELOPMENT RESTRICTIONS
The Parties hereto acknowledge and agree that any use of the subject lands by the
Owner shall be on and subject to the following terms and conditions:
4
a) Site Plan
The use and development of the subject lands shall be in accordance with and as
set out on the Site Plan, attached hereto as Schedule "B".
b) Uohtino
All lighting systems installed outside, such as floodlights, shall be directed away
from any adjacent residential use and/or roadway, not to cause interference in any
way.
c) Parkino Areas and Drivewavs
All parking areas and driveways shall be constructed in conformity with Sections
5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario Building Code
Regulation #419/86, and such parking areas, loading. and access areas shall be
kept free and clear of snow and ice and kept adequately drained. All entrances
shall be constructed, as in Schedule "B" attached. The Owner agrees to obtain
all necessary approvals from the Ministry of Transportation, County of Simcoe and
Township of Oro-Medonte.
d) Outside Storaoe
No outside storage shall be permitted between any buildings on the premises and
any street. Any other outside storage shall be contained in the fenced compound,
as identified on Schedule "B".
e) Garbaoe Storaoe
The Owner agrees to provide suitable storage areas for garbage and waste, as
shown on the Site Plan, and to install and maintain litter containers in and around
development on the lands. All metal scrap and associated refuse contained in the
fenced compound shall be removed on a weekly basis.
f) Landscapino
The Owner shall complete all landscaping and landscaped areas shown on the
Site Plan, attached as Schedule "B", as soon as weather permits, and all grading
and sodding required, according to any Engineering drawings submitted, shall be
done on all lawn areas.
g) Erosion and Siltation Control
The Owner must take all necessary precautions to prevent erosion and
sedimentation of ditches and cuiverts, slopes, etc., within the Site Plan, and
downstream prior to and during construction. The Owner agrees to maintain all
erosion and siltation control devices in good repair until vegetative cover has been
successfully established.
4. DEVELOPMENT CHANGES
The parties acknowledge and agree that there shall be no changes to this Agreement or
the Schedules attached hereto, unless and until such changes have been approved by all
parties. It is the intention of the parties that material amendments to this Agreement be
properly recorded. Such amendments may take the form of a registered Amending
Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of
Confirmation, or notations on Engineering drawings. The nature of such record of
amendment shall depend on circumstances.
5
\
\ (.
,
5. SECURITY
Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the
Township. to cover the faithful performance of the obligations of the Owner arising under
this Agreement. including but not limited to the construction of the works and services
identified in Schedule "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 Council, or:
b) An irrevocable Letter of Credit from a chartered bank, issued in accordance with
the requirements of Schedule "E", with an automatic renewal clause in the amount
of one hundred percent (100%) of the estimated costs of the said works, and as
approved by the Township Engineer. The Letter of Credit shall be for a minimum
guaranteed period of one (1) year, or such time as the Township decides, and
shall be renewed automatically, as necessary, thirty (30) days prior to expiration.
c) The Township reserves the right to accept or reject any of these alternative
methods of providing securities, Prior to depositing the securities, the Owner's
Engineer shall submit an estimate of the cost of the works to the Township
Engineer lor 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 Owner, including without limiting the generality of the
foregoing, payment of engineering, legal, planning or other costs incurred by the
Township, which are the responsibility of the Owner, under the terms of this
Agreement.
e) Upon written notification by the Owner's agent, certifying that all required works
for which the Letter of Credit was submitted have been completed in accordance
with the plans submitted and upon confirmation by the Township or its agent that
the Owner's obligations under this Agreement have been completed, the
Township will return said Letter of Credit.
f) If in the event of default of the Owner under any of the provisions of this
Agreement, it becomes necessary for the Township to realize on its security or
deposits, then the Township shall give, by registered mail, twenty-one (21) day's
notice, its intent to draw down on the security or deposit.
6. COMPLIANCE
Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in
addition to and without prejudice to any security or other guarantee given on behalf of the
Owner for the performance of its covenants and agreements herein, and upon default on
the part of the Owner hereunder, the Township shall, in addition to any other remedy
available to it, be at liberty to utilize the provisions 01 Section 325 of the Municipal Act,
R.S.O. 1980, Chapter 302, as amended,
7. CO-OPERATION
The Owner consents to the registration of this Agreement by the Township, upon the title
of the subject lands, at the expense of the Owner and agrees to execute such lurther and
other documents, consents or applications, as required, for the purpose of securing
registration and giving effect to the provisions of this Agreement.
6
c
8. BINDING EFFECT
This Agreement, and everything contained herein, shall be binding upon the successors
and assigns of the parties hereto, and upon the lands described in Schedule "A", attached
hereto, such Schedule being a legal description of the lands, and it is further agreed that
this Agreement shall be prepared, approved and registered on title.
9. SEVERABILITY OF CLAUSES
Should any section, subsection. clause, paragraph, or provision of this Agreement be
declared by a Court of competent jurisdiction to be invalid, the same shall not affect the
validity of the Agreement as a whole or any part thereof, other than the provision so
declared to be invalid.
10. SAVE HARMLESS
The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save
harmless, the Township from and against any and all claims, suits, actions and demands
whatsoever, which may arise either directly or indirectly by reason of any work or service
performed by the Township, its servants or sub-contractors in order to complete the work
or services required to be completed under this Agreement, provided the subject matter
of such action, suits, claims or demands was not caused intentionally or through gross
negligence on the part of the Township, its servants or agents or sub-contractors,
IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals
under the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED ) ';:~1.d.l/ ~t.- '
) Owner: 1146319 On no Inc. ~
,,"~A"-,
) _lVl~. .....~....ll ~^"'IJ... c:..:::opEf<.
) Has the Authority to Bind the Corporation
)
)
)
)
)
)
)
) The Corporation of the
) Township of Oro-Medonte
)
) per:
)
)
)
) J. Neil Craig, Mayor
)
)
)
) Marilyn Pennycook, Clerk
)
7
\
( -
SCHEDULE "A"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Pian
Agreement between the Township of Oro-Medonte and 1146319 Ontario
Inc.
LEGAL DESCRIPTION OF LANDS
Lot 24, Registrar's Compiled Plan #1720, being all of PIN #58566-0096 (Lt),
Township of Oro-Medonte, County of Simcoe, Roll #4346-030-012-26152-0000
8
NOTE:
SITE PLAN
SCHEDULE "B"
I
\
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and 1146319 Ontario
Inc.
Site Plan is not in a registerable form and is available from the Township of Oro-Medonte.
Site Grading Plan prepared by Trow Associates Inc. dated October 18, 2005.
SGP-1
9
SCHEDULE "C"
~ \
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and 1146319 Ontario
Inc,
DEEDS AND EASEMENTS TO BE CONVEYED
All title documents shall be properly drawn and executed by the parties, with the
appropriate Lot or Block Number inserted in the description of the document, and the
registered Plan Number shall be left blank, to be inserted by the solicitors for the parties
after the Plan is registered and a Plan Number assigned,
The consideration for all conveyances shall be the sum of Two Dollars ($2.001 and the
cost of preparation, execution and registration thereof, shall be borne by the Owner.
All documents to be registered shall be prior approved by the solicitor for the Township.
The following land and 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
( -I
SCHEDULE "0"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and 1146319 Ontario
Inc.
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION
1.
ITEMIZE CONSTRUCTION ESTIMATE
AMOUNT
N/A
2.
LETTERS OF CREDIT
AMOUNT
Letter of Credit to be provided by the Owner
to ensure completion of all works required
under the terms of this Agreement, as noted
in Sections 1 f) and 5 herein,
$1,000.00
(refundable
deposit)
II
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2005-130
A By-law to Authorize the Execution of a Site Plan Control Agreement
between The Corporation of the Township of Oro-Medonte
and
2039277 Ontario Inc., (Georgian Duct Cleaning)
described as lands as follows:
Part Lot 16, Concession 14
Designated as Part 10, 51R-19270
Being all of PIN #58548-0074 (L1)
Roll #4346-010-005-20164-0000
Township of Oro-Medonte, County of Simcoe
WHEREAS authority to enter into Site Plan Control Agreements is provided for in
Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council
deems it necessary to enter into a Site Plan Control Agreement on the lands described
herein;
AND WHEREAS By-Law No, 98-97, a By-Law to Designate Areas of the Township as
Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte,
pursuant to the provisions of The Planning Act, R.S.O., 1990, c. p, 13, as amended;
AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control,
pursuant to By-Law No. 98-97, as amended;
NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
follows:
1. THAT the Township enter into the Site Plan Control Agreement attached hereto as
Appendix "A", on lands described on the attached Schedule "A";
2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control
Agreement on behalf of the Corporation of the Township of Oro-Medonte;
3. THAT the attached Appendix "A" and Schedules "A, B, C and D" shall form part of
this By-Law;
4. THAT this By-Law shall take effect on the final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 7TH DAY OF DECEMBER, 2005.
BY-LAW READ A THIRD TIME AND FtNALL Y PASSED THIS
2005.
DAY OF
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook
APPENDIX "A"
to By-Law No. 2005-130
SITE PLAN AGREEMENT
- between -
2039277 ONTARIO INC.
- and -
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
Part Lot 16, Concession 14
Designated as Part 10, 51 R-19270
Being all of PIN #58548-0074 (Lt)
Roll #4346-010-005-20164-0000
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
November, 2005
By-Law No. 2005-130
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "D"
THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN AGREEMENT
TABLE OF CONTENTS
Covenants by the Owner
Covenants by the Township
Development Restrictions
Deveiopment Changes
Security
Compliance
Co-operation
Binding Effect
Severability of Clauses
Save Harmless
SCHEDULES
legal Description of lands
Site Plan
Deeds and Easements to be Conveyed
Itemized Estimate of Cost of Construction
2
SITE PLAN CONTROL AGREEMENT
This Agreement made, in quadruplicate, this day of
accordance with Section 41 of the Plannina Act.
2005, in
BETWEEN:
2039277 ONTARIO INC.
Hereinafter called the "Owner"
PARTY OF THE FIRST PART
-and-
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Hereinafter called Ihe "Township"
PARTY OF THE SECOND PART
WHEREAS the Owner has applied to the Township of Oro-Medonte to permit an
additional 40' x 80' industrial building on lands described in Schedule "A", attached
hereto;
AND WHEREAS the Township has enacted a By-law to provide for Ihe designalion of the
lands as a "Site Plan Conlrol Area";
AND WHEREAS the Owner inlends to develop the lands in accordance with the Site Plan
attached hereto as Schedule "B";
NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual
covenants hereinafter contained, the parties hereto hereby covenant and agree as
follows;
3
1. COYENANTS BY THE OWNER
The Owner covenants and agrees as follows:
a) The Owner owns the subject lands described In Schedule "A", attached hereto,
and has provided the Township with a Registered Deed containing the legal
description of the subject lands.
b) This Agreement may be registered against title to these subject lands and shall
take priority over any subsequent registrations against the title to the subject lands.
c) No work shall be performed on the lands, nor any use made of the subject lands
with respect to the proposed development, except in conformity with all the
provisions of this Agreement.
d) The Owner shall, prior to the execution of this Agreement, obtain all necessary
permits and approvals from the Township and from all Ministries and Agencies,
including, but not limited to, the County of Simcoe.
e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes
and charges related to obtaining the approval of these lands for the intended use.
f) The Owner shall pay a refundable deposit for such reasonable costs as may be
involved to the Township in having its solicitor, engineer, planner and staff, perform
any work In connection with this Agreement, including the preparation, drafting,
execution, and registration of this Agreement. The Owner acknowledges and
agrees that the Owner shall be responsible for the cost of performance of all the
Owner's obligations hereunder, unless the context otherwise requires. Every
provision of this Agreement, by which the Owner is obligated in any way, shall be
deemed to Include the words ""at the expense of the Owner". unless specifically
stated otherwise. The refundable deposit for expenses and actual cost shall be
$1,000.00. The Owner shall replenish the refundable deposit, to its full amount,
when the expenses and actual costs are submitted by the Township.
g) The Owner shall have delivered to the Township, all Transfers/Deeds, Discharges
and Easements, or other documents required by Schedule "C"". as well as
certification from the Owner's solicitor that the Transfer/Deeds and Easements
shall provide the Township with good title, free and clear from all encumbrances.
h) The Owner agrees that prior to issuance of a Building Permit, a Sewage System
Permit approval must be received by the Township/Ministry of the Environment.
2. COVENANTS BY THE TOWNSHIP
The Township covenants and agrees as follows:
a) That the Township has enacted a By-law to permit an additional 40' x 80' Industrial
building described on the Site Plan.
b) That the Township agrees that subject to compliance by the Owner with all
relevant Municipal By-laws and Provincial Statutes and Regulations, the Owner
may proceed to develop the subject lands, as indicated on the Site Plan attached
hereto as Schedule "B", subject to the development restrictions contained herein,
3. DEVELOPMENT RESTRICTIONS
The Parties hereto acknowledge and agree that any use of the subject lands by the
Owner shall be on and subject to the following terms and conditions:
4
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 "8".
b) Uahtina
All lighting systems installed outside, such as floodlights, shall be directed away
from any adjacent residential use and/or roadway, not to cause interference in any
way.
c) Parkina Areas and Drivewavs
All parking areas and driveways shall be constructed in conformity with Sections
5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario Building Code
Regulation #419/86, and such parking areas, loading, and access areas shall be
kept free and clear of snow and ice and kept adequately drained. All entrances
shall be constructed, as in Schedule "B" attached. The Owner agrees to obtain
all necessary approvals from the Ministry of Transportation, County of Simcoe and
Township of Oro-Medonte.
d) Outside Storaae
No outside storage shall be permitted between any buildings on the premises and
any street. Any other outside storage shall be contained in the fenced compound,
as identified on Schedule "B".
e) Garbaae Storaae
The Owner agrees to provide suitable storage areas for garbage and waste, as
shown on the Site Plan, and to install and maintain litter containers in and around
development on the lands. All metal scrap and associated refuse contained in the
fenced compound shall be removed on a weekly basis.
f) Landscapina
The Owner shall complete all landscaping and landscaped areas shown on the
Site Plan, attached as Schedule "B", as soon as weather permits, and all grading
and sodding required, according to any Engineering drawings submitted, shall be
done on all lawn areas.
g) Erosion and Siltation Control
The Owner must take all necessary precautions to prevent erosion and
sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and
downstream prior to and during construction. The Owner agrees to maintain all
erosion and siltation control devices in good repair until vegetative cover has been
successfully established.
4. DEVELOPMENT CHANGES
The parties acknowledge and agree that there shall be no changes to this Agreement or
the Schedules attached hereto, unless and until such changes have been approved by all
parties. It is the intention of the parties that material amendments to this Agreement be
properly recorded. Such amendments may take the form of a registered Amending
Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of
Confirmation, or notations on Engineering drawings. The nature of such record of
amendment shall depend on circumstances.
5
\
5. SECURITY
Prior to signing the Agreement, the Owner will deposit, with the Treasurer 01 the
Township, to cover the faithful performance of the obiigations of the Owner arising under
this Agreement, including but not limited to the construction of the works and services
identified in Schedule "D" to this Agreement (the "said Work"), the following securities:
a) Cash in the amount of one hundred percent (100%) of the estimated cost of the
said work, as approved by the Township Engineer and Township Council, or:
b) An irrevocable Letter of Credit from a chartered bank, issued in accordance with
the requirements of Schedule "E". with an automatic renewal clause in the amount
of one hundred percent (100%) of the estimated costs of the said works, and as
approved by the Township Engineer. The Letter of Credit shall be for a minimum
guaranteed period of one (1) year, or such time as the Township decides, and
shall be renewed automatically, as necessary, thirty (30) days prior to expiration.
c) The Township reserves the right to accept or reject any of these alternative
methods of providing securities. Prior to depositing the securities, the Owner's
Engineer shall submit an estimate of the cost of the works to the Township
Engineer for approval. When the cost estimate has been approved, it will be set
out in Schedule "D" of this Agreement and will become the basis for the limits of
the securities.
d) Any Letter of Credit or security filed with the Township is based upon the estimated
cost of completing the various matters prescribed by this Agreement. However, all
Letters of Credit and security received by the Township may be used as security
for any item or any other matter which, under the terms of this Agreement, is the
responsibility of the Owner, including without limiting the generality of the
foregoing, payment of engineering, legal, planning or other costs incurred by the
Township, which are the responsibility of the Owner, under the terms of this
Agreement.
e) Upon written notification by the Owner's agent, certifying that all required works
for which the Letter of Credit was submitted have been completed in accordance
with the plans submitted and upon confirmation by the Township or its agent that
the Owner's obligations under this Agreement have been completed, the
Township will return said Letter of Credit.
f) If in the event of default of the Owner under any of the provisions of this
Agreement, it becomes necessary for the Township to realize on its security or
deposits, then the Township shall give, by registered mail, twenty-one (21) day's
notice, its intent to draw down on the security or deposit.
6. COMPLIANCE
Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in
addition to and without prejudice to any security or other guarantee given on behalf of the
Owner for the performance of its covenants and agreements herein, and upon default on
the part of the Owner hereunder, the Township shall, in addition to any other remedy
available to it, be at liberty to utilize the provisions of Section 325 of the Municioal Act,
R.S.O. 1980, Chapter 302, as amended.
7. CO-OPERATION
The Owner consents to the registration of this Agreement by the Township, upon the title
of the subject lands, at the expense of the Owner and agrees to execute such further and
other documents, consents or applications, as required, for the purpose of securing
registration and giving effect to the provisions of this Agreement.
6
8. BINDING EFFECT
This Agreement, and everything contained herein, shall be binding upon the successors
and assigns of the parties hereto, and upon the lands described in Schedule "A", attached
hereto, such Schedule being a legal description of the lands, and it is further agreed that
this Agreement shall be prepared, approved and registered on title.
9. SEVERABILITY OF CLAUSES
Should any section, subsection, clause, paragraph, or provision of this Agreement be
declared by a Court of competent jurisdiction to be invalid, the same shall not affect the
validity of the Agreement as a whole or any part thereof, other than the provision so
declared to be invalid.
10. SAVE HARMLESS
The Owner. on behalf of itself, its successors and assigns, agrees to indemnify and save
harmless, the Township from and against any and all claims, suits, actions and demands
whatsoever, which may arise either directly or indirectly by reason of any work or service
performed by the Township, its servants or sub-contractors in order to complete the work
or services required to be completed under this Agreement, provided the subject matter
of such action, suits, claims or demands was not caused intentionally or through gross
negligence on the part of the Township, its servants or agents or sub-contractors.
IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals
under the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED ) ~JwC<\\ Gmw\'~k
) Owner: 2039277 0 TARIO INC.
)
) Edward Brassington, President
1 Has the Authority to Bind the Corporation
)
)
)
)
)
)
) The Corporation of the
) Township of Oro-Medonte
)
) per:
)
)
)
) J. Neil Craig, Mayor
)
)
)
) Marilyn Pennycook, Clerk
)
7
SCHEDULE "A"
\
\
NOTE:
Il is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and 2039277 Ontario
Inc.
LEGAL DESCRIPTION OF LANDS
Part Lot 16, Concession 14, designated as Part 10, 51R-19270, being all of PIN
#58548-0074 (Lt), Township of Oro-Medonte, County of Simcoe, Roll #4346-010-
005-20164-0000
8
SCHEDULE "B"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and 2039277 Ontario
Inc.
SITE PLAN
Site Plan is not in a registerable form and is available from the Township of Oro-Medonte.
Site Plan dated November, 2005,
9
SCHEDULE "C"
\
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and 2039277 Ontario
Inc.
DEEDS AND EASEMENTS TO BE CONVEYED
All title documents shall be properly drawn and executed by the parties, with the
appropriate Lot or Block Number inserted in the description of the document, and the
registered Plan Number shall be left blank, to be inserted by the solicitors for the parties
after the Plan is registered and a Plan Number assigned.
The consideration for all conveyances shall be the sum of Two Dol/ars ($2.00) and the
cost of preparation, execution and registration thereof, shall be borne by the Owner.
All documents to be registered shall be prior approved by the solicitor for the Township.
The following land and easement shall be conveyed;
1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP
N/A
2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP
N/A
10
SCHEDULE "D"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and 2039277 Ontario
Inc.
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION
1.
ITEMIZE CONSTRUCTION ESTIMATE
AMOUNT
N/A
2.
LETTERS OF CREDIT
AMOUNT
Leller of Credit to be provided by the Owner
to ensure completion of all works required
under the terms of this Agreement, as noted
in Sections 1 f) and 5 herein.
$1,000.00
(refundable
deposit)
II
I
1
cb-_"
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2005-131
A By-law to Authorize the Execution of a Site Plan Control Agreement
between The Corporation of the Township of Oro-Medonte
and
Donald George Brydges
described as lands as follows:
Part Lot 2, Plan 546, Township of South Orillia
Now Township of Oro-Medonte
Being all of PIN #56531-0337 (Ll)
Roll #4346-030-010-02600-0000
Township of Oro-Medonte, County of Simcoe
WHEREAS authority to enter into Site Plan Control Agreements is provided for in
Section 41 ofThe Pianning Act, R.S.O., 1990, c. P. 13, as amended, and Council
deems it necessary to enter into a Site Plan Control Agreemenl on the lands described
herein;
AND WHEREAS By-Law No. 96-97, a By-Law to Designate Areas of the Township as
Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte,
pursuant to the provisions of The Planning Act, R.S.O., 1990, c, P. 13, as amended;
AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control,
pursuant to By-Law No. 98-97, as amended;
NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
follows:
1. THAT the Township enter into the Site Plan Control Agreement attached hereto as
Appendix "A", on lands described on the attached Schedule "A";
2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control
Agreement on behalf of the Corporation of the Township of Oro-Medonte;
3. THAT the attached Appendix "A" and Schedules "A, B, C and D" shall form part of
this By-Law;
4. THAT this By-Law shall take effect on the final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 7TH DAY OF DECEMBER, 2005.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THfS
2005.
DAY OF
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook
APPENDIX "A"
to By-Law No. 2005-131
SITE PLAN AGREEMENT
- between -
DONALD GEORGE BRYDGES
- and -
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
Part Lot 2, Plan 546, Township of South Orillia
Now Township of Oro-Medonte
Being all of PIN #58531-0337 (Lt)
Roll #4346-030-010-02600-0000
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
November, 2005
By-Law No. 2005-131
\
'"
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Schedule "A"
Schedule "B"
Schedule "C'"
Schedule '"D'"
THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN AGREEMENT
TABLE OF CONTENTS
Covenants by the Owner
Covenants by the Township
Development Restrictions
Development Changes
Security
Compliance
Co-operation
Binding Eftect
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
I
SITE PLAN CONTROL AGREEMENT
This Agreement made, in quadruplicate, this day of
accordance with Section 41 of the Planninq Act.
2005, in
BETWEEN:
DONALD GEORGE BRYDGES
Hereinafter called the "Owner"
PARTY OF THE FIRST PART
-and-
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Hereinafter called the "Township"
PARTY OF THE SECOND PART
WHEREAS the Owner has applied to Ihe Township of Oro-Medonte to permit
construction of a crawl space under the existing house on lands described in Schedule
"A", attached hereto;
AND WHEREAS the Township has enacted a By-law to provide for the designation of the
lands as a "Site Plan Control Area";
AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan
attached hereto as Schedule "B";
NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual
covenants hereinafter contained, the parties hereto hereby covenant and agree as
follows;
3
1. COVENANTS BY THE OWNER
The Owner covenants and agrees as follows:
a) The Owner owns the subject lands described in Schedule "A", attached hereto,
and has provided the Township with a Registered Deed containing the legal
description of the subject lands.
b) This Agreement may be registered against title to these subject lands and shall
take priority over any subsequent registrations against the title to the subject lands.
c) No work shall be performed on the lands, nor any use made of the subject lands
with respect to the proposed development, except in conformity with all the
provisions of this Agreement.
d) The Owner shall, prior to the execution of this Agreement, obtain all necessary
permits and approvals from the Township and from all Ministries and Agencies,
including, but not limited to, the County of Simcoe.
e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes
and charges related to obtaining the approval of these lands for the intended use.
f) The Owner shall pay a refundable deposit for such reasonable costs as may be
involved to the Township in having its solicitor, engineer, planner and staff, perform
any work in connection with this Agreement, including the preparation, drafting,
execution, and registration of this Agreement. The Owner acknowledges and
agrees that the Owner shall be responsible for the cost of performance of all the
Owner's obligations hereunder, unless the context otherwise requires. Every
provision of this Agreement, by which the Owner is obligated in any way, shall be
deemed to include the words "at the expense of the Owner'", unless specifically
stated otherwise. The refundable deposit for expenses and actual cost shall be
$N/A. The Owner shall replenish the refundable deposit, to its full amount, when
the expenses and actual costs are submitted by the Township.
g) The Owner shall have delivered to the Township, all Transfers/Deeds, Discharges
and Easements, or other documents required by Schedule "C"', as well as
certification from the Owner's solicitor that the Transfer/Deeds and Easements
shall provide the Township with good title, free and clear from all encumbrances.
h) The Owner agrees that prior to issuance of a Building Permit, a Sewage System
Permit approval must be received by the Township/Ministry of the Environment.
i) 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 TOWNSHtP
The Township covenants and agrees as follows:
a) That the Township has enacted a By-law to permit construction of a crawl space
under the existing house described on the Site Plan.
b) That the Township agrees that subject to compliance by the Owner with all
relevant Municipal By-laws and Provincial Statutes and Regulations, the Owner
may proceed to develop the subject lands, as indicated on the Site Plan attached
hereto as Schedule "B", subject to the development restrictions contained herein.
4
3. DEVELOPMENT RESTRICTIONS
The Parties hereto acknowledge and agree that any use of the subject lands by the
Owner shall be on and subject to the following terms and conditions:
a) Site Plan
The use and development of the subject lands shall be in accordance with and as
set out on the Site Plan, attached hereto as Schedule "B".
b) Liahtina
All lighting systems installed outside, such as floodlights, shall be directed away
from any adjacent residential use and/or roadway, not to cause interference in any
way.
c) Parkina Areas and Drivewavs
All parking areas and driveways shall be constructed in conformity with Sections
5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario Building Code
Regulation #419/86, and such parking areas, loading, and access areas shall be
kept free and clear of snow and ice and kept adequately drained. All entrances
shall be constructed, as in Schedule "B" attached. The Owner agrees to obtain
all necessary approvals from the Ministry of Transportation, County of Simcoe and
Township of Oro-Medonte.
d) Outside Storaae
No outside storage shall be permitted between any buildings on the premises and
any street. Any other outside storage shall be contained in the fenced compound,
as identified on Schedule "B".
e) Garbaae Storaae
The Owner agrees to provide suitable storage areas for garbage and waste, as
shown on the Site Plan, and to install and maintain litter containers in and around
development on the lands. All metal scrap and associated refuse contained in the
fenced compound shall be removed on a weekly basis.
f) Landscaoina
The Owner shall complete all landscaping and landscaped areas shown on the
Site Plan, attached as Schedule "B", as soon as weather permits, and all grading
and sodding required, according to any Engineering drawings submitted, shall be
done on all lawn areas.
g) Erosion and Siltation Control
The Owner must take all necessary precautions to prevent erosion and
sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and
downstream prior to and during construction. The Owner agrees to maintain all
erosion and siltation control devices in good repair until vegetative cover has been
successfully established.
4. DEVELOPMENT CHANGES
The parties acknowledge and agree that there shall be no changes to this Agreement or
the Schedules attached hereto, unless and until such changes have been approved by all
parties. It is the intention of the parties that material amendments to this Agreement be
properly recorded. Such amendments may take the form of a registered Amending
Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of
Confirmation, or notations on Engineering drawings. The nature of such record of
amendment shall depend on circumstances.
5
\
5. SECURITY
Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the
Township, to cover the faithful performance of the obligations of the Owner arising under
this Agreement, including but not limited to the construction of the works and services
identified in Schedule "D" to this Agreement (the "said Work"), the following securities:
a) Cash in the amount of one hundred percent (100%) of the estimated cost of the
said work, as approved by the Township Engineer and Township Council, or:
b) An irrevocable Letter of Credit from a chartered bank, issued in accordance with
the requirements of Schedule "E", with an automatic renewal clause in the amount
of one hundred percent (100%) of the estimated costs of the said works, and as
approved by the Township Engineer. The Letter of Credit shall be for a minimum
guaranteed period of one (1) year, or such time as the Township decides, and
shall be renewed automatically, as necessary, thirty (30) days prior to expiration.
c) The Township reserves the right to accept or reject any of these alternative
methods of providing securities. Prior to depositing the securities, the Owner's
Engineer shall submit an estimate of the cost of the works to the Township
Engineer for approval. When the cost estimate has been approved, it will be set
out in Schedule "D" of this Agreement and will become the basis for the limits of
the securities.
d) Any Letter of Credit or security filed with the Township is based upon the estimated
cost of completing the various matters prescribed by this Agreement. However, all
Letters of Credit and security received by the Township may be used as security
for any item or any other matter which, under the terms of this Agreement, is the
responsibility of the Owner, including without limiting the generality of the
foregoing, payment of engineering, legal, planning or other costs incurred by the
Township, which are the responsibility of the Owner, under the terms of this
Agreement.
e) Upon written notification by the Owner's agent, certifying that all required works
for which the Letter of Credit was submitted have been completed in accordance
with the plans submitted and upon confirmation by the Township or its agent that
the Owner's obligations under this Agreement have been completed, the
Township will return said Letter of Credit.
f) If in the event of default of the Owner under any of the provisions of this
Agreement, it becomes necessary for the Township to realize on its security or
deposits, then the Township shall give, by registered mail, twenty-one (21) day's
notice, its intent to draw down on the security or deposit.
6. COMPLIANCE
Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in
addition to and without prejudice to any security or other guarantee given on behalf of the
Owner for the performance of its covenants and agreements herein, and upon default on
the part of the Owner hereunder, the Township shall, in addition to any other remedy
available to it, be at liberty to utilize the provisions of Section 325 of the Municipal Act,
R.S.O. 1980, Chapter 302, as amended.
7. CO-OPERATION
The Owner consents to the registration of this Agreement by the Township, upon the title
of the subject lands, at the expense of the Owner and agrees to execute such further and
other documents, consents or applications, as required. for the purpose of securing
registration and giving effect to the provisions of this Agreement.
6
8. BtNDING EFFECT
This Agreement, and everything contained herein, shall be binding upon the successors
and assigns of the parties hereto. and upon the lands described in Schedule "A", attached
hereto, such Schedule being a legal description of the lands, and it is further agreed that
this Agreement shall be prepared, approved and registered on title.
9, SEVERABILITY OF CLAUSES
Should any section, subsection, clause, paragraph. or provision of this Agreement be
declared by a Court of competent jurisdiction to be invalid, the same shall not affect the
validity of the Agreement as a whole or any part thereof, other than the provision so
declared to be invalid.
10. SAVE HARMLESS
The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save
harmless, the Townshipfrom and against any and all claims, suits, actions and demands
whatsoever. which may arise either directly or indirectly by reason of any war!< or service
performed by the Township, its servants or sub-contractors in order to complete the wor1<
or services required to be completed under this Agreement. provided the subject mailer
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 )
) Owner:
)
)
)
)
)
)
)
)
)
) The Corporation of the
) Township of Oro-Medonte
)
) per:
)
)
)
) J. Neil Craig, Mayor
)
)
)
) Marilyn Pennycook, Clerk
)
7
*"".
SCHEDULE "An
NOTE:
it is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Donald George
Brydges.
LEGAL DESCRIPTION OF LANDS
Part Lot 2, Plan 546, Township of South Orillia, now Township of Oro-Medonte,
County of Simcoe, being all of PIN #58531-0337 (Ll), Roll #4346-030-010-02600-
0000
8
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 Donald George
Brydges.
Site Plan is not in a registerable form and is available from the Township of Oro-Medonte.
9
SCHEDULE "C"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Donald George
Brydges.
DEEDS AND EASEMENTS TO BE CONVEYED
All title documents shall be properly drawn and executed by the parties, with the
appropriate Lot or Block Number inserted in the description of the document, and the
registered Plan Number shall be left blank, to be inserted by the solicitors for the parties
after the Plan is registered and a Plan Number assigned.
The consideration for all conveyances shall be the sum of Two Dollars ($2,00) and the
cost of preparation, execution and registration thereof, shall be borne by the Owner.
All documents to be registered shall be prior approved by the solicitor for the Township.
The following land and easement shall be conveyed:
1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP
N/A
2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP
N/A
10
SCHEDULE "D"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Donald George
Brydges.
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION
1.
ITEMIZE CONSTRUCTION ESTIMATE
AMOUNT
N/A
2.
LETTERS OF CREDIT
AMOUNT
Letter of Credit to be provided by the Owner
to ensure completion of all works required
under the terms of this Agreement, as noted
in Section 5 herein.
N/A
II
-I
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2005-132
"Being a By-law to remove the Holding symbol applying to lands
located at
West Part Lot 2, Plan 546 (Orillia), Township of Oro-Medonte
(RolI# 4346-030-010-02600) (Brydges)"
WHEREAS the Council of the Corporation of the Township of Oro-Medonte is
empowered to pass By-laws to remove a Holding provision pursuant to Section
36 of the Planning Act, R.S.O. 1990, c.P.13.
AND WHEREAS Council deems it appropriate to remove the Holding provision
applying to the subject lands;
NOW THEREFORE the Council of the Corporation of the Township of Oro-
Medonte enacts as follows:
1. Schedule 'A19', to Zoning By-law No. 97-95 as amended, is hereby
further amended by removing the Holding provision applying to lands,
located at West Part Lot 2, Plan 546 (Orillia) (Roll # 4346-030.010-02600)
as shown on Schedule 'A-1' attached hereto and forming part of this By-
law.
2. This By-law shall come into effect upon the date of passage hereof,
subject to the provisions of the Planning Act, as amended.
BY-LAW READ A FIRST AND SECOND TIME THfS 7TH DAY OF DECEMBER,
2005.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS
,2005.
DAY OF
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J, Neil Craig
Clerk, Marilyn Pennycook
I
l
Schedule 'A-1' to
By-Law No. 2005-132
This is Schedule 'A-1' to By-Law 2005-132
passed the day of ,2005.
Mayor ~
J. Neil Craig
'Oil;
Clerk
Marilyn pennycook
Township of Oro-Medonte
\19~ - \
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2005-137
Being a By-Law to Regulate the Construction of Driveway Entrances
Upon the Highways Under the Jurisdiction of
The Corporation of the Township of Oro-Medonte
and to Repeal By-Laws No, 94-99 and 2005-046
WHEREAS Section 11(1) of the Municipal Act, 2001, S.D. 2001, c.25, as amended,
authorizes municipalities to pass by-laws respecting highways;
AND WHEREAS Section 11(1) of the Municipal ACf, 2001, 8.0. 2001, c.25, as
amended, authorizes municipalities to pass by-laws respecting drainage;
NOW THEREFORE the Council of the Township of Oro-Medonte enacts as follows:
1. DEFINITIONS
(a) "APPLICANT" means a person being the owners of a lot or his authorized agent
applying for an Entrance Permit.
(b) "COUNCIL" means the Municipal Council of The Corporation of the Township of
Oro-Medonte.
(c) "PUBLIC WORKS SUPERINTENDENT" means the Public Works Superintendent
of the Township of Oro-Medonte or his designated representative.
(d) "ENTRANCE" means any private driveway, gate entranceway or other structure
or facility constructed as a means of access to a municipal roadway.
(e) "BOULEVARDS" means any part of a highway where grass is grown of which is
not intended for use of vehicles between the curb or outside edge of the shoulder
or roadway inclusive of the area covered by a sidewalk or footpath.
(I) "STREET LINE" means the line dividing a private lot and the road allowance.
(g) "HIGHWAY" means a common and public highway, street, avenue,
parkway, driveway, square, place, bridge, viaduct or trestle, any part of
which is intended for or used by the general public for the passage of
vehicles and includes the area between the lateral property lines thereof
(Highway Traffic Act, R.S.O. 1990, c.H.8, as amended)
(h) "STRUCTURE" means anything constructed or erected, the use of which
requires location on the ground or attached to something having location on the
ground and used for the shelter or accommodation of persons, animals or goods.
(i) "TOWNSHIP" means the Corporation of the Township of Oro-Medonte.
2. ENTRANCE PERMITS
2.1 No person shall construct, alter, relocate or use an entrance upon a highway
under the jurisdiction of the Township except under the authority of an Entrance
Permit.
2.2 No person shall:
-
(a) change a temporary entrance to a permanent entrance,
(b) create a structure on vacant land,
(c) change a use of a land, or
(d) apply asphalt, concrete or any type of endwalls to an entrance withouf first
having obtained an Entrance Permit.
3. ISSUANCE OF ENTRANCE PERMITS
'3.1 The Public Works Superintendent or the Council may issue an Entrance Permit
to an applicant having regard to the following:
(a)
(i)
location, width and proposed use of the entrance,
(ii) sight distance along the road,
(iii) location of trees and public utility services.
(b) Upon receipt of an official "Entrance Permit Application";
(c) Upon payment of the applicable fee as approved in the Township of Oro-
Medonte Fees and Charges By. Law;
(d) No fee is required for a property entrance when in conjunction with the
written approval required as a condition in a new lot severance.
3.2 Issuance of an entrance permit does not guarantee the issuance of a
building permit by the Township of Oro-Medonte,
4. CONSTRUCTION OF ENTRANCE
4.1 No person shall perform any work upon a highway without the prior consent of
the Councilor the Public Works Superintendent.
4.2 Should a highway entrance not be constructed to the specifications
authorized by the entrance permit, the Public Works Superintendent shall
have the authority to request that such entrance be reconstructed to
conform to the original specifications authorized by the entrance permit.
The Public Works Superintendent shall have the authority to request that
any highway entrances subsequently altered from the original
specifications authorized by the entrance permit be reconstructed to
conform to the original specifications.
4.3 The failure of an owner of property to comply with Section 4.2 of this by-
law shall result in the Township of Oro-Medonte undertaking the necessary
work at the expense of the owner. Should the cost of the work borne by
the Township remain unpaid by the property owner, these costs shall be
considered a debt to the Township of Oro-Medonte and, together with all
interest and penatties accrued thereupon, may be collected by the
Township of Oro-Medonte by action or may be collected by the Township
of Oro-Medonte on its behalf or may be collected in like manner as taxes,
5. OBSTRUCTION PROHIBITED
5.1 No person shall tile or cover a boulevard, except under authority of and in
accordance with the conditions of an entrance permit.
5.2 No person shall obstruct any drain, ditch or watercourse situated on any highway
under the jurisdiction of the Township.
6. MAINTENANCE OF ENTRANCES
6.1 Nothing in this By-Law shall be construed as placing an obligation upon the
Township for maintenance of the driven surface of an entrance constructed
pursuant to a permit issued by the Public Works Superintendent.
6.2 Notwithstanding the provision of Section 6.1 of this By-Law, the Public Works
Superintendent is hereby authorized and directed to maintain and replace any
culvert installed pursuant to this By.Law.
7. OFFENCE
7.1 It shall be an offence to perform any act which is contrary to the provision of this
By-Law.
7.2 Any person who violates any provision of this By-Law, upon conviction, is guilty
of an offence and shall be liable to a fine in an amount to be determined pursuant
to the Provincial Offences Act, R.S.O. 1990, Chapter P.33.
8. SEVERABILITY
8.1 Every provision of this By-Law is declared to be severable from the remainder of
the By-Law, and if any provision of this By-Law shall be declared invalid by a
court of competent jurisdiction, such declaration shall not affect the validity of the
remainder thereof.
9. SHORT TITLE
9.1 The short title of this By-Law is the "Road Entrance By-Law".
10. REPEAL
10.1 That By-Laws No. 94-99 and 2005.046 be repealed in their entirety.
11. EFFECTIVE DATE
11.1 This By.law shall come into full force and effect upon the day of final passage
thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 7TH DAY OF DECEMBER, 2005.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS
,2005.
DAY OF
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook
\~ - - \
CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2005-126
Being a By-law of the Corporation of the Township of Oro"Medonte to prohibit the
throwing, placing or depositing of refuse or debris, waste material or wastes on
private property or municipal property
and to Repeal By-laws No. 2002-075 and 2004-041
"Clean and Clear By-law"
WHEREAS Section 127, of the Municipal Act, 2001, S.o. 2001, c. 25, as amended,
provides that councils of local municipalities may pass by-laws to require an owner or
occupant of land to clean and clear the land or to clear refuse and debris from the land;
AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte
deems it necessary and expedient, and in the public interest to enact a By-law to
prohibit littering of private or municipal property for all residential, commercial and
industrial uses;
NOW THEREFORE, the Council of the Corporation of the Township of Oro-Medonte
enacts as follows:
1. Definitions for the purpose of this Bv-Law
(a) "Commercial or Industrial Waste" means any article, thing, matter or any
effluent belonging to or associated with industry or commerce or concerning
or relating to manufacture or concerning or relating to any trade, business,
calling or occupation that appears to be waste material.
(b) "Heavy pick-up wastes" means weighty or bulky articles such as furniture,
bed springs, mattresses, barrels, boxes, water and fuel tanks (empty only),
and any other discarded material which would normally accumulate at a
dwelling.
(c) "Household wastes" means ashes, garbage, rubbish, discarded material,
clothing, waste paper, broken crockery, glassware, and other such articles
as would normally accumulate at a dwelling, but shall not include weighty or
bulky articles such as stoves, mattresses, furniture, barrels, boxes, trees,
discarded truck and automobile parts, tires or batteries, manufacturer's
waste. water and fuel tanks, liquid waste, straw, hay and manure, carcass of
any dead or live bird, animal feces, natural soil, earth, sand, clay, gravel,
stones or other excavated materials, and fence wire.
(d) "Municipal property" means any property under the jurisdiction of the
Municipality.
(e) "Municipality" means the Corporation of the Township of Oro-Medonte.
(f) "Person" means a natural person, unincorporated association or
organization, firm, partnership, private club, corporation, agent or trustee
and the heirs, executors, administrators, or other legal representatives of a
person to whom the context can apply according to the By-Law.
(g) "Private property" means privately owned property zoned lor residential,
commercial or industrial use.
(h) "Refuse or debris" shall include sand, rock, gravel, grass, weeds, liquids,
domestic garbage, trees, asphalt. concrete or pieces thereof or any
commercial or industrial waste.
\
(i) "Waste material" includes:
i. garbage, rubbish, discarded building materials, refuse or junk,
boulders in excess of 0.028 cubic metres, trees or tree stumps;
ii. tin cans, bottles, boxes or other containers;
iii, derelict or inoperative motor vehicles;
iv. derelict, abandoned or inoperable machinery, appliances and
furnishings, both household and commercial;
v, agricultural waste or sewage, or any liquid waste accumulated from
home or place of business;
vi. animal carcasses;
vii. poison ivy.
(j) "Wastes" shall mean any or all of the definitions of this section for the
purposes of this By-law, including heavy pick-up wastes, household wastes,
refuse or debris and waste material.
2. Offences
2.1 No owner shall allow or permit the creation, presence or existence of any
refuse or debris, waste material or wastes in or upon any yards, vacant
lots, grounds or buildings which such owner owns, rents, occupies or has
an interest in, whether such interest is legal or equitable,
2.2 No person shall throw, place or deposit any refuse or debris, waste
material or wastes on private property or on the property of the
municipality or any local board thereof without authority from the owner or
occupant of such property,
3, Removal
Where the property owner or municipal authorities are required to remove any
refuse or debris, waste material or wastes deposited on their property, the full
cost of such removal shall be recoverable, from the person responsible or the
property owner responsible for such littering or discarding,
The removal of poison ivy will be controlled by an applicator licensed by the
Ministry of the Environment.
4. Notice unauthorized dumpino in municipal propertv containers
The municipality shall post notice that unauthorized dumping in a container or
dumpster placed on municipal property is prohibited in accordance with this By.
law,
5. Inspections
The By.law Enforcement Officer, or other person appointed for the
purpose of enforcing this By-law;
(a) has the power to enter upon and examine any yards, vacant lots, grounds
or buildings, other than a dwelling, at any
reasonable time or times, and
(b) may be accompanied by such other person or persons as they deem
necessary to properly carry out their duties under this By.law.
6. Other Leoislation
If this By-law conflicts with the provisions of any other By-law or By-law of the
County of Simcoe, the provisions of that By-law prevail to the extent of the
conflict.
7. Validitv and Severabilitv
Should any section, sub-section, clause, paragraph or provision of this Bylaw be
declared by a court of competent jurisdiction to be invalid or unenforceable, the
same shall not affect the validity or enforceability of any other provisions of this
By-law or of the Bylaw as a whole.
8. Penalty
Every person who contravenes any provision of this By.law is guilty of an offence
and liable upon conviction to a penalty not exceeding $5,000.00, exclusive of
costs and the provisions of the Provincial Offences Act, R.S.O. 1990, c. P.33, as
amended, shall apply to the said fine. Such matter or thing shall be done at the
person's expense, and the corporation may recover the expense incurred in
doing it by action, or the same may be recovered in same manner as municipal
taxes.
9. Short Title
This By-law shall be cited as the Clean and Clear By-law.
10. Repeal
That By-laws No. 2002-075 and 2004-041 be repealed in their entirety.
11. Force and Effect
This By.law shall come into full force and effect upon the day of final passage
thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 7th DAY OF DECEMBER, 2005.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS
2005.
DAY OF
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook
"
\~
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2005-133
Being a By-law Respecting Smoking In Public Places
in the Township of Oro-Medonte
and to Repeal By-Law No. 2002-115
WHEREAS Section 115 of the Municipal Act, 2001, 8.0. 2001, c.25, as amended,
authorizes a municipality to pass a by-law to prohibit or regulate the smoking of tobacco
and the carrying of lighted tobacco products in public places within the municipality and
to designate public places;
AND WHEREAS it has been determined that second hand tobacco smoke (exhaled
smoke and the smoke from idling cigarettes, cigars and pipes) is a health hazard or
discomfort for many inhabitants of the Township of Oro-Medonte;
THEREFORE the Council of the Township of Oro-Medonte enacts as follows:
1. DEFINITIONS
In this by-law:
(a) Ashtray: means a receptacle for tobacco ashes and for cigar and cigarette butts;
(b) Council: means the Council of the Township of Oro-Medonte;
(c ) Inspector: means a person appointed or contracted by Council to enforce this
by-law;
(d) Person: includes a corporation;
(e) Proprietor or Other Person in Charge: means the person who controls,
governs or directs the activity carried on within the premises designated as
prohibited areas under this by-law and includes the person who is actually in
charge thereof at any particular time;
(f) Public Building: means any building or group of buildings to which the public
has access;
(g) Public Facility: means any hall, room, or banquet area that is publicly owned
and is rented for an event or function;
(h) Public Place: means the whole or part of an indoor area to which the general
public is invited or permitted access and includes public transportation;
(i) Public Portion: means the indoor area of any building to which the public has
access;
(j) Public Transportation: means a vehicle licensed for the purpose of transporting
the public;
(k) Smoke or Smoking includes the carrying of a lighted cigar, cigarette, pipe or
any other lighted smoking equipment; and
(I) Township: means the Township of Oro-Medonte.
,
\
2. GENERAL PROHIBITIONS
2.1 No person shall smoke in any public place designated under Section 2 of this by-
law.
2.2 The following are designated public places for the purposes of this by-law:
(a) public building
(b) public facility
(c) public portion of a building
(d) public transportation
3. SIGNS
3.1 The proprietor or other person in charge of any public place designated or
regulated under this by-law shall ensure that a sufficient number of signs as
prescribed by Section 3.2 are conspicuously posted so as to clearly identify that
smoking is prohibited and shall ensure that:
(a) signs are posted at every entrance to a public building, which are visible
and in sufficient numbers, clearly indicating that smoking is prohibited in
the public building, and
(b) signs referred to in clauses (a) are in accordance with Section 3.2.
3.2 (1) The signs referred to in this by-law shall consist of graphic symbols that
comply with the provisions of this section.
(2) The following graphic symbol shall be used to indicate the areas where
smoking is prohibited pursuant to this by-law:
on a white background with the circle and the interdictory stroke in red.
(3) The graphic symbol referred to in subsection (2) shall include the text
"Township of Oro-Medonte By-law" in letters and figures at least five (5%)
percent of the diameter of the circle in the symbol.
(4) To the symbols referred to in subsection (2) there may be added
additional appropriate symbols such as directional arrows.
(5) Despite the fact that the symbol referred to in subsection (2) is a cigarette,
it shall include a lighted cigar, cigarette, pipe or any other lighted smoking
instrument.
(6) With respect to size of the graphic symbol, the diameter of the circle of the
symbol referred to in subsection (2) shall be not less than ten centimeters
(10cm).
\
.,
\
(7) Deviations from the colour or content of the signs prescribed by this
section that do not affect the substance or that are not calculated to
mislead do not vitiate the signs.
(8) Any sign prohibiting smoking that refers to a by-law of an old municipality
is deemed to be referring to this by-law.
4. ASHTRAYS
The proprietor or other person in charge of a public place regulated under this by-law
shall ensure that no ashtrays are placed or allowed to remain in any public place where
smoking is prohibited pursuant to this by-law.
5. COUNCIL-APPROVED POLICIES
5.1 Council-approved non-smoking policies with respect to the Township's buildings
are deemed to be specified within this by-law.
5.2 No person shall smoke in any area designated as an area where smoking is
prohibited by any Council-approved policy referred to in Section 5.1.
6. DUTIES
No proprietor or other person in charge of a public place shall permit smoking where
smoking is prohibited under this by-law.
7. OFFENCES
7.1 Any person who contravenes any of the provisions of this by-law is guilty of an
offence.
7.2 Any person who hinders or obstructs an inspector lawfully carrying out the
enforcement of this by-law is guilty of an offence.
8. FINES
Every person who is convicted of an offence pursuant to this by-law is liable to a fine of
not more than Five Thousand Dollars ($5,000.00) as provided for in the Provincial
Offences Act, R.S.O. 1990, Chap. P.33.
9. ENFORCEMENT
9.1 The provisions of this by. law respecting the designation of non-smoking areas,
the posting of signs and the duties imposed on the proprietor or other person in
charge of a public place shall be enforced by inspectors.
9.2 An inspector may, at any reasonable time, enter any designated publiC place for
the purposes of determining compliance with this by-law.
10. CONFLICTS
If a provision of this by. law conflicts with an Act or a regulation or another by-law, the
provision that is the most restrictive of smoking shall prevail.
\~
,
\-
y
11. SEVERABILITY
If any section or sections of this by-law or parts thereof are found in any court of law to
be illegal or beyond the power of 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 therefrom and to be enacted as such.
12, REPEAL
That By-Law No. 2002-115 be repealed in its entirety.
13. EFFECTIVE DATE
This by-law shall come into force and effect on the date of passing thereof.
14. SHORT TITLE
This by-law may be cited as the "Smoking in Public Places" By-law.
BY-LAW READ A FIRST AND SECOND TIME THIS 7TH DAY OF DECEMBER, 2005.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS
,2005.
DAY OF
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook
11\.0 i~ ~ I
~
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2005-134
Being a By-law Respecting Smoking in Workplaces
in the Township of Oro-Medonte
and to Repeal By-Law No, 2003-35
WHEREAS Section 115 of the Municipal Act, 2001, 8.0. 2001, c.25, as
amended, authorizes a municipality to pass a by-law to prohibit or regulate the
smoking of tobacco in workplaces in the municipality;
AND WHEREAS it has been determined that second hand tobacco smoke
(exhaled smoke and the smoke from idling cigarettes, cigars and pipes) is a
health hazard or discomfort for many inhabitants and employees in the Township
of Oro-Medonte;
NOW THEREFORE the Council of the Township of Oro-Medonte enacts as
follows:
1. DEFINITIONS
In this by-law,
(a) Municipality: means the Township of Oro-Medonte;
(b) Council: means the Council of the Township of Oro-Medonte;
(c) Employee: includes a person who:
(i) performs any work for or supplies any services to an employer; or
(ii) receives any instructions or training in the activity, business, work,
trade, occupation or profession of the employer;
(d) Employer: includes any person who, as the owner, proprietor, manager,
superintendent or overseer of any activity, business, work, trade,
occupation or profession, has control over or direction of, or is directly or
indirectly responsible for the employment of a person therein;
(e) Inspector: means a person appointed or contracted by Council to
enforce this by-law;
(f) Non-Smoking Policy: means a written policy that prohibits smoking in
the workplace in accordance with this by-law;
(g) Smoke or Smoking: includes the carrying of a lighted cigar, cigarette,
pipe or any other lighted smoking instrument;
(h) Workplace: means any indoor area of a building or structure in which an
employee works and includes any indoor area of such bUilding or structure
utilized by an employee as well as a public transportation vehicle and a
taxicab.
2. RESPONSIBILITIES OF THE EMPLOYER
2.1 Every employer shall adopt and implement a non-smoking policy that
prohibits smoking in respect of each workplace in the Township under the
control, supervision or ownership of the employer.
2.2
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Where, after the effective date of this by-law, a workplace is crea'e; or
comes into existence, the employer of such workplace shall within seven
(7) days after such workplace is created or comes into existence, adopt
and implement a non-smoking policy that prohibits smoking in respect of
each such workplace under the control, supervision or ownership of the
employer.
2.3
Every employer required by the by. law to adopt and implement a non-
smoking policy shall:
(a) thereafter maintain the non-smoking policy in the workplace for
which it was adopted;
(b) provide a copy of the non.smoking policy to each employee in the
workplace within seven (7) days after the day upon which the non-
smoking policy in respect of that workplace was adopted;
(c) post and keep continuously displayed a copy of the non-smoking
policy in a prominent place accessible to all employees in the
workplace;
(d) shall ensure that no ashtrays are placed or allowed to remain in any
workplace where smoking is prohibited pursuant to this by. law, and
(e) erect signs in accordance with Section 4 at every entrance to the
workplace indicating that smoking is prohibited in the workplace.
3. GENERAL PROHIBITIONS
3.1 When the non-smoking policy has been adopted for a workplace, no
person shall smoke in the workplace.
3.2 When the non.smoking policy has been adopted for a workplace, no
employer shall permit smoking in the workplace.
4. SIGNS
4.1 The employer or other person in charge of any workplace designated or
regulated under this by-law shall ensure that a sufficient number of signs
as prescribed by Section 4.2 are conspicuously posted so as to clearly
identify that smoking is prohibited and shall ensure that:
(a) signs are posted at every entrance to a workplace, which are visible
and in sufficient numbers, clearly indicating that smoking is
prohibited in the workplace, and
(b) signs referred to in clauses (a) are in accordance with Section 4.2.
4.2 (1)
The signs referred to in this by. law shall consist of graphic symbols
that comply with the provisions of this section.
(2) The following graphic symbol shall be used to indicate the areas
where smoking is prohibited pursuant to this by. law:
on a white background with the circle and the interdictory stroke in
red.
(3) The graphic symbol referred to in subsection (2) shall include the
text "Township of Oro-Medonte By.law" in letters and figures at
least five (5%) percent of the diameter of the circle in the symbol.
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(4) To the symbols referred to in subsection (2) there may be ~dded
additional appropriate symbols such as directional arrows.
(5) Despite the fact that the symbol referred to in subsection (2) is a
cigarette, it shall include a lighted cigar, cigarette, pipe or any other
lighted smoking instrument.
(6) With respect to size of the graphic symbol, the diameter of the
circle of the symbol referred to in subsection (2) shall be not less
than ten centimeters (1 Oem).
(7) Deviations from the colour or content of the signs prescribed by this
section that do not affect the substance or that are not calculated to
mislead do not vitiate the signs.
(8) Any sign prohibiting smoking that refers to a by-law of an old
municipality is deemed to be referring to this by-law.
5. COUNCIL-APPROVED POLICIES
5.1 Council-approved non-smoking policies with respect to the Township's
buildings are deemed to be specified within this by-law.
5.2 No person shall smoke in any area designated as an area where smoking
is prohibited by any Council-approved policy referred to in Section 5.1.
6. DUTIES
No employer or other person in charge of a workplace shall permit
smoking where smoking is prohibited under this by-law.
7. OFFENCES
7.1 Any person who contravenes any of the provisions of this by-law is guilty
of an offence.
7.2 Any person who hinders or obstructs an inspector lawfully carrying out the
enforcement of this by-law is guilty of an offence.
8. FINES
Every person who is convicted of an offence pursuant to this by-law is
liable to a fine of not more than Five Thousand Dollars ($5,000.00) as
provided for in the Provincial Offences Act, R.S.O. 1990, Chap. P.33.
g. ENFORCEMENT
9.1 The provisions of this by-law respecting the designation of non-smoking
areas, the posting of signs and the duties imposed on the employer or
other person in charge of a workplace shall be enforced by inspectors.
9.2 An inspector may, at any reasonable time, enter any designated
workplace for the purposes of determining compliance with this by-law.
9.3 No inspector may enter a workplace that is also a dwelling without the
consent of the occupant or without first obtaining and producing a warrant.
10, CONFLICTS
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If a provision of this by-law conflicts with an Act or a regulation or another
by-law, the provision that is the most restrictive of smoking shall prevail.
11. SEVERABILITY
If any section or sections of this by-law or parts thereof are found in any
court of law to be illegal or beyond the power of 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 therefrom and to be enacted as such.
12. REPEAL
That By-Law No. 2003-35 be repealed in its entirety.
13. EFFECTIVE DATE
This by-law shall come into force and effect on the date of passing thereof.
14. SHORT TITLE
This by-law may be cited as the "Smoking in Workplaces" By-law.
15. EXEMPTIONS:
The prohibitions set out in section 3.0 of this By-law do not apply
to:
(a) A workplace located in a dwelling where the only employees of that
workplace are persons who live in the dwelling.
BY-LAW READ A FIRST AND SECOND TIME THIS 7TH DAY OF DECEMBER,
2005.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS
,2005.
DAY OF
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook
\ - \
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2005-135
Being a By-law to Regulate and Prohibit the Sale and Setting Off of Fireworks
and to Repeal By-Law No. 94-65
WHEREAS Section 121 of the Municipal Act, 2001, S.o. 2001, c.25, as amended,
allows municipalities to regulate and prohibit the sale and setting off of fireworks;
NOW THEREFORE the Council of the Township of Oro-Medonte enacts as follows:
1. GENERAL PROHIBITIONS
1,1 No person shall display, offer for retail sale, or sell fireworks within the limits of
The Corporation of the Township of Oro-Medonte, except on the following
recognized holidays:
(a) Victoria Day
(b) Canada Day
and for a period of 5 shopping days prior to the recognized holiday.
1.2 No person shall display, offer for retail sale or sell fireworks within the limits of
The Corporation of the Township of Oro-Medonte without obtaining permission
from the Township of Oro-Medonte,
1.3 No person shall display, offer for retail sale or sell fireworks within the limits of .
The Corporation of the Township of Oro.Medonte if an Unassessed Business
Person without obtaining a licence under the Transient Traders By-Law of The
Corporation of the Township of Oro-Medonte.
1.4. No person shall discharge or set off any fireworks except during the period in
which sales are permitted under Section 1 of this By.Law as well as the two
recognized holidays.
2. ENFORCEMENT AND FINES
2.1 Every person who contravenes any Provision of this By-Law is guilty of an
offence and shall be liable to a fine in the amount to be determined pursuant to
the Provincial Offences Act R.S.O, 1990, Chapter p.33, and every such fine is
recoverable under the Provincial Offences Act.
3. EXEMPTIONS
3.1. The provisions of this By-law regarding the display, offer for retail sale or sale of
fireworks do not apply to a commercial or retail business established within the
limits of The Corporation of the Township of Oro.Medonte.
3,2 Notwithstanding the foregoing provisions of this By-Law, the Council of the
Township of Oro-Medonte, upon written application 30 days prior to the holding
of any celebration, may grant written permission for the purchase and letting off
of fireworks under the following conditions:
(a) written approval from the Township of Oro-Medonte Fire Chief, following
inspection of the area from which the fireworks will be displayed and type
of fireworks;
(b) written proof of adequate insurance coverage to the sole satisfaction of
The Corporation of the Township of Oro-Medonte;
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(c) proof of qualifications of the person or persons who will be responsible for
the fireworks display under the Explosives Act, R.S.C. 1985 c.E-17.
4. REPEAL
That By.Law No. 94-65 be repealed in its entirety.
5. EFFECTIVE DATE
This by-law shall come into force and effect on the date of passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 7TH DAY OF DECEMBER, 2005.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS
,2005.
DAY OF
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J, Neil Craig
Clerk, Marilyn Pennycook
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2005-136
Being a By-Law for Prohibiting or Regulating Within the Municipality
of the Township of Oro-Medonte the Making of Noises Likely
to Disturb the Inhabitants of the said Township
and to Repeal By-Laws No. 97-S2 and 9S-90
WHEREAS Section 129(1) of the Municipal Act, 2001, S.D. 2001, c.25, as amended,
permits municipalities to pass by.laws for prohibiting or regulating noise;
AND WHEREAS the Council for The Corporation of the Township of Oro-Medonte
deems it necessary and expedient to pass such a by-law;
NOW THEREFORE the Council of the Township of Oro-Medonte enacts as follows:
1. PROVISIONS
1.1 The provisions of this By-Law shall apply to all lands located in and all activities
that may create any noise or unusual noise as hereinafter defined occurring
within the municipal boundaries of the Township of Oro.Medonte.
2, DEFINITIONS
2.1 "NOISE(S)" means shouting, singing, use of offensive language or any unusual
noise likely to disturb the inhabitants limited to:
(a) The sound or noise from a residential, commercial, industrial or
agricultural zoned property and created by any radio, television, public
address system, sound equipment, loudspeaker or similar device or any
musical or sound producing instrument of whatever kind, when such
device or instrument is played or operated at such volume as to annoy or
disturb the peace, quiet, comfort and repose of any individual in the
neighbourhood; and
(b) Any sound made by any dog or dogs, whether housed individually or in
kennels which disturbs the peace, quiet, comfort or repose of any
individual in the neighbourhood continuing on a persistent basis.
2.2 "PERSISTENT" means existing for a long or longer than usual time or
continuously for approximately 1 hour or longer at a time.
2.3 "PERSON(S)" shall include an individual, his/her personal representative and
their heirs, executors and assigns and shall also include a corporation with or
without share capital.
2.4 "TOWNSHIP" means The Corporation of the Township of Oro-Medonte.
3. OFFENCES
No Person shall create or permit to be created anyone or more of the Noises as
defined in Section 2 respectively within the limits of the Township.
4. EXEMPTION
None of the provisions of this By-Law shall apply to any public or private activity
where written permission to create the Noise has been obtained from the Council
of the Township of Oro.Medonte.
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5. ENFORCEMENT AND FINES
5.1 Any Person who contravenes any provision of this By-Law is guilty of an offence
and is subject to a penalty pursuant to the Provincial Offenses Act, R.S:O. 1990.,
c.P.33. Each time a breach of this By-Law occurs it shall constitute a separate
offence.
5.2 The conviction of any offender upon the breach of any provision of this By-Law
shall not operate as a bar to a prosecution against the same offender upon any
continued or subsequent breach of any provisions and the Judge may convict
any offender repeatedly for continued or subsequent breaches of the By-Law and
the provisions of Section 129(1) of the Municipal Act, 2001, S.o. 2001, c.25, as
amended from time to time shall further apply to any continued or repeated
breach of this By-Law.
6. SEVERABILITY
If any court of competent jurisdiction finds any of the provisions of the By-Law are
ultra vires of the jurisdiction of the Township, or are invalid for any other reason,
such provisions shall be deemed to be severed and shall not invalidate any other
provision of the By-Law which shall remain in full force and effect.
7. SHORT TITLE
The short title of this By-Law is the "Noise By-Law".
8. REPEAL
That By.Laws No. 97.82 and 98-90 be repealed in their entirety.
9. EFFECTIVE DATE
This By-law shall come into full force and effect upon the final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 7TH DAY OF DECEMBER, 2005.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS
,2005.
DAY OF
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook
l
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2005-125
Being a By-law to Authorize the Temporary Closing of a Highway
and to Repeal By-laws No. 94-57 an 98-40
(Main Street, Hawkestone)
WHEREAS Section 11(1) of the MunicipalAct, 2001, S.D. 2001, c.25, as
amended, authorizes a municipality to pass by-laws respecting highways,
including traffic on highways;
AND WHEREAS the Council of The Corporation of the Township of Oro-
Medonte deems it expedient to do so for the purposes of recreational activities;
NOW THEREFORE, Council of the Township of Oro-Medonte enacts as
follows:
1. That Main Street in Hawkestone from the Government Wharf north for a
distance of approximately 179 metres, more or less, shall be closed during
the period of April 1 to May 15 in any calendar year for recreational
purposes due to smelt fishing activities.
2. That every person without authority who uses a highway or portion thereof
closed to traffic or who removes or defaces any barricade, device, detour
sign or notice placed thereon is guilty of an offence and is liable to the
municipality for any damage or injury occasioned by such wrongful use,
removal or defacement.
3. That every person who violates any provision of this By- law, upon
conviction, is guilty of an offence and shall be liable to a fine in an amount
to be determined pursuant to the Provincial Offences Act, R.S.O. 1990, c.
P.33.
4. That By-laws No. 94-57 and 98-40 be repealed in their entirety.
5. That this by-law shall come into force and effect on the date of passing
thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 7TH DAY OF DECEMBER,
2005.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS
2005.
DAY OF
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook
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CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2005-138
Being a By-law to Regulate Fencing around Private Outdoor Swimming Pools
within the Township of Oro-Medonte
and to Repeal By-law No. 94-111
WHEREAS Section 11 (7) of the Municipal Act, 2001, S.D. 2001, c. 25, as
amended, provides that councils of local municipalities may pass by-laws respecting
fences;
AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte
deems it necessary and expedient, and in the public interest to enact a By-law to
regulate lencing around private outdoor swimming pools within the Township of Oro-
Medonte.
NOW THEREFORE, the Council of the Corporation of the Township of Oro-Medonte
enacts as follows:
1. DEFINITIONS
a) "Swimming Pool"shall mean, an excavation or container designed to
hold water, whether in ground or above ground, the purpose of which
is for swimming, diving or any recreational water activity, excepting that
this does not apply to any container which is placed on ground at
grade level and has no depth exceeding one metre and no dimension
exceeding three metres.
b) "Privately Owned Outdoor Swimming Pool" shall mean, any swimming
pool, constructed, assembled or erected on private property, which is
not contained wholly within a building and is not used for gain or profit.
2. PROHIBITIONS
No person shall;
a) construct or cause to be constructed a privately owned outdoor
swimming pool without obtaining a swimming pool fence permit from
the Municipality.
b) place or allow to be placed, water or allow water to remain in a
privately owned outdoor swimming pool unless the fences and gates
prescribed in this by-law have been erected and maintained in
conformance with provisions of this by-law.
c) allow the fences and gates, as prescribed in this by-law, to be
removed, destroyed or become in a state where they do not perform
their intended use.
3. PERMITS
Applications for permits required in Section 2 of this By-law shall be made on
the prescribed form and be accompanied by the following;
a) A detailed site plan of the property showing the location of all buildings
and the proposed swimming pool and fence, drawn to scale.
b) Approval in writing from the Simcoe Muskoka District Health Unit,
where applicable.
c) A fee as authorized by the Township of Oro.Medonte Fees and
Charges By-law.
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4. REGULATIONS FOR FENCES AND GATES
The lences and gates referred to in Section 2 of this By-law shall be
constructed as follows;
a) The fence shall be a minimum of 1.2 m (4 feet) in height measured
from anywhere at the grade of the bottom of the fence vertically to the
top.
b) There shall be no opening in the fence greater than 100mm (4").
c) The fence shall be constructed of such material and in such a manner
as to not faciiitate climbing of the fence.
d) Where the swimming pool is constructed wholly or partly above grade,
that portion of the construction above grade may be used in the
calculation required for height in Subsection 4 (a) above provided that
the remaining requirement is met in a safe manner for pool uses.
e) The fence shall completely encompass the swimming pool excepting
that the wall or walls of a building may be substituted for a portion
thereof provided the fence is affixed to the building.
f) All fences required in this by-law, excepting fences as described in
Section 4 (d) of this by-law shall be constructed in such a manner that
no portion of the fence is closer than 1.5m (5 feet) to the edge of the
swimming pool.
g) Any opening in the fence, provided for passage through the fence shall
be protected by a gate.
h) Gates shall be constructed in a like manner as the fence required in
Section 4(a), (b) and (c) of this by-law.
i) Gates shall be provided with a lock or locks which require a key or
special knowledge to open and be self-closing and equipped with a
sell-latching device which shall be located on the pool side of the lence
at the top of the gate.
j) Gates shall be kept closed and locked at all times excepting when the
fenced in area is in use by the owner, lessee or tenant of the land, or
other authorized responsible person.
5. OFFENCES
Every person who contravenes any provision of this by-law is guilty of an
offence and upon conviction is liable to a fine or penalty as provided for in the
Provincial Offenses Act, R.S.o. 1990, c.P.33.
6. SEVERABILITY
If any court of competent jurisdiction finds any of the provisions of the By-Law
are ultra vires of the jurisdiction of the Township, or are invalid for any other
reason, such provisions shall be deemed to be severed and shall not
invalidate any other provision of the By-Law which shall remain in full force
and effect.
7. REPEAL
That By-law No. 94-111 is hereby repealed in its entirety.
8. That this by-law shall take effect on the final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 7TH DAY OF DECEMBER,
2005.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS
,2005.
DAY OF
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook
\l
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2005-123
BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE
COUNCIL MEETING HELD ON WEDNESDAY, DECEMBER 7, 2005
THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
HEREBY ENACTS AS FOLLOWS:
1. THAT the action of the Council at its Council Meeting held on Wednesday,
December 7, 2005, and in respect to each Motion, Resolution and other actions
passed and taken by the Council at ils said Meeting is, except where prior approval
of the Ontario Municipal Board is required, hereby adopted, ratified and confirmed.
2. THAT the Mayor and the proper Officials of the Township are hereby authorized and
directed to do all things necessary to give effect to the said action or to obtain
approvals where required and to execute all documents as may be necessary on
behalf of the Council of the Corporation of the Township of Oro-Medonte. And, the
Clerk is hereby authorized and directed to affix the corporate seal to all said
documents.
BY-LAW READ A FIRST AND SECOND TIME THIS 7th DAY OF DECEMBER, 2005.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 7'h DAY OF
DECEMBER, 2005.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook