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12 14 2005 COW Agenda TOWNSHIP OF ORO-MEDONTE COMMITTEE OF THE WHOLE MEETING AGENDA COUNCIL CHAMBERS DATE: WEDNESDAY, DECEMBER 14,2005 TIME: 9:00 a.m. 1. NOTICE OF ADDITIONS TO AGENDA 2. ADOPTION OF THE AGENDA 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF: - "IN ACCORDANCE WITH THE ACT" 4. DEPUTATIONS: a) 9:00 a.m. Gail O'Brien, Chair Person, Shanty Bay Management Committee, correspondence dated November 24, 2005 re: Shanty Bay Community Hall. 5. CORRESPONDENCE: a) Madeleine Meilleur, Minister of Culture, correspondence dated November 15, 2005 re: Ontario Library Service North and Southern Ontario Library Service Funding. b) Norma Leigh, correspondence dated November 16, 2005 re: Request for "No Parking" Signs. c) Jim Partridge, President, Orillia District Snowmobile Association, correspondence dated October 22, 2005 re: Request for Use of the Oro Medonte Rail Trail from Woodland Drive through to Thunder Bridge. d) Sue Martin, Gaviller & Company LLP, correspondence dated November 11,2005 re: 2005 Interim Audit. e) Joanna McEwen, Committee Member, Stone Fence Committee (Gowan Station Park Development), correspondence dated December 1, 2005 re: Application for Grant/Subsidy [Full Package Available from Manager of Recreation and Community Services; Full Package to be Printed for 2006 Budget Deliberations]. f) James Harvey, correspondence dated December 1, 2005 re: 1415 Scarlett Line Assessment. g) Janet Doughty, President, Warminster Soccer League, correspondence dated December 6, 2005 re: Warminster Soccer League Budget Requests. h) Craig & Sandi Drury, Warren & Mary Harris, Melanie Tymoszewicz, correspondence dated December 2, 2005 re: Basswood Circle Parkland. 6. FINANCE, ADMINISTRATION AND FIRE: a) Report No. TR 2005-26, Paul Gravelle, Treasurer, re: Actuarial Valuation of Post- Retirement Benefits. b) Report No. TR 2005-27, Paul Gravelle, Treasurer, re: Statement of Accounts, November, 2005. c) Report No. TR 2005-28, Paul Gravelle, Treasurer, re: Sale Proceeds - 257 Moonstone Road East. d) Report No. ADM 2005-60, Marilyn Pennycook, Clerk, re: Analysis of Responses to Resolution with Respect to Predation by Wild Animals. e) Report No. ADM 2005-62, Jennifer Zieleniewski, CAO and Kim Allen, Acting Director of Building/By-law Enforcement re: Animal Control By-Law. f) Report No. PR 2005-13, Chris Carter, Manager of Recreation and Community Services, re: Request to Increase Ice Rental Rates. g) Report No. ADM 2005-61, Marilyn Pennycook, Clerk, re: Election 2006 Method of Voting. h) Mayor J. Neil Craig, re: OMB Hearing OPA 16 and 17. 7. PUBLIC WORKS: a) Report No. PW 2005-25, Jerry Ball, Public Works Superintendent, re: Request for Speed Reduction - Eady Station Road. 8. ENGINEERING & ENVIRONMENTAL SERVICES: a) Report No. EES 2005-43, Keith Mathieson, Director of Engineering and Environmental Services; Bruce Hoppe, Director of Planning re: Paige Custom Homes Inc. - Site Plan Agreement and Removal of Holding Symbol - Part of Lots 14 and 15 Fronting Kempenfelt Bay and Part Water Lots 14 and 15 Lying in Front of Lots 14/15, s/s Davis Street, Plan 1, Being Part 2,51 R-32684, Together with Right-of-Way over Part 1, 51 R- 32684, Together with Right-of-Way over Parts 2,3,4 and 5, 51 R-15199, Being all of PIN #58554-0142 (Lt) - Roll #4346-010-006-00600-0000. b) Report No. EES 2005-44, Keith Mathieson, Director of Engineering and Environmental Services re: Robert Victor Stinson (Barrie Drive-In Theatre) - Site Plan Agreement- Part of the East Y2 of Lot 21, Concession 4, Being all of PIN #58551-0073 (Lt) - Roll #4346-010-008-05900-0000. c) Report No. EES 2005-45, Keith Mathieson, Director of Engineering and Environmental Services re: Ontario Strategic Infrastructure Financing Authority (OSIFA) - Low-Cost and Longer Term Loans for Infrastructure Projects until February, 2006. 2 9. BUILDING, PLANNING AND DEVELOPMENT: a) Report No. BD 2005-20, Kim Allen, Acting Director of Building and By-Law Enforcement, re: Building Report, November, 2005. 10. IN-CAMERA: None. 11. ADJOURNMENT: 3 ADDENDUM COMMITTEE OF THE WHOLE MEETING Wednesday, December 14, 2005 10. IN-CAMERA: a) Jennifer Zieleniewski, CAG, re: Personnel Matter. b) Jennifer Zieleniewski, CAG, re: Property Matter. 11/24/2005 02:08 FAX 705 721 4600 . BTA/TRILLIUM 141002 .I~,c c..!,I'(, , c... r~; ro~'0~~ ~<- 1'1\05 C\lu ~ Wk~ ;1/{1 p' 02 1/';00,5-- SHANTY BAY MANAGEMENT COMMlTI'EE 18'71 RIDGE ROAD WR.R. #I 3 ~'HANTY BAY WI. 21.0 TO THE CLERK OF ORD-MEDONTE MARlL YNPENNYCOOK THE SHANTYBA Y MANAGEMENT COMMJTfF.E WOUill JJ.fCB TO HAVE A DELEGATION MAKES A PRESENTATION TO COUNClL. WE WOUlD ASK TIMT COUNClL HEAR FROM US IN TIiB VERY NEAR FUlURE. WE ARE VERY CONCERNED ABOUT STATUS OF "HALL". WE NEED TO KNOW WHAT OUR FUlURE IS. WE HAVE HAD REQUESTS roR RENTALS IN THE SPRING AND SUMMER OF 2006 BUT ARE HESITANT TO ACCEPT BOOKINGS TIIAT REQUIRE LIQUOR. WE LOOK FORWARD TO HEARlNG WHAT DATE nmCOUNCIL WILL ENTERTAIN OUR DELEGATION. ICANBEREACHlIDHYTELEPHONEAT (W) 705-726-6437 (H) 7();'l-721-6620 AND MY FAX NUMBER IS 705-721-4600 SlNCERLEY OAu..O'BRIENJ2{td~;(j);7~ CHAm. PERSON '-""Jf V_t::__",....' ""'U\ Jl'e:1I f(;tJlc VP~" , ro." ~" ~q~'l-T. f!;iIS 1''1012. fY /1'(6 "'~ .J- rj - ;f~}1 r AM /fERt: '!;}HtI{!;//r&A.S It $PO^t:5P~/Py ~ GfJ " h\'flo~ ro~ TIfE .JIiMry ~A-Y C(?I1II1IVN/!"Y_e:..~~re'< " ' ' j 'j. . '/ If{"" ,,~i(,,'Ptyr/'{ (_. ~i:I~t3PIfRO. :z: H/l1 ALSO He~e FO--JSt'lFti-~r ~ .~~ ,f.I E)(PU~JI'I 10 ye:ov ~80{/r ~ TIIAJ/c$T7 / L-L ~ tJF ...}vs n~F H/HICI+ IS A-/J()tlT TII #A-lllJe~ lit (/1/1( FIII€ r(;lWI'/.s)lI~ A- "7~ A VES""Y rNlrr 1$ P~(l8A-IJL.Y t/NI'AI/ALLED lit I r'.J NI,S rtf? It. Y 'TO E ~ Pi. 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'-Ht" (.,"NlIIIIII"/~Y ~~"IJA IS H'Ii.:/';:tiI~r ~II/) I J (J1i";JHIIlN r", /tHJw,' It'll)! 4' /,I,sr/~Nr~ Ministry of Culture Minister Ministere de la Culture 5th Floor, Mowat Block 900 Bay Street Toronto ON M7A 1L2 Tel: (416) 325.1660 Fax: (416) 325.1726 sa etage, edifice Mowat 900, rue Bay Toronto (Ontario) M7A 1L2 Tel: (416) 325.1660 Telec: (416) 325.1726 \ ~'(.\~'(.~ \ \ a. ~~ c ^f$>""" \\ \~ '^l \ :'\~ \ "'\)'" O~../ . ~~\) ~\<;?/ , fi'O' ':!tl~<2>Y \O~Y/ \/ ~ ~ Ontario Ministre M2005-6878 1 5 Mayor J. Neil Craig Township of Oro-Medonte 148 Line 7 South Box 100 Oro. ON LOL 2XO Dear Mayor Craig: Thank you for your letter regarding funding for Ontario Library Services. I am pleased to respond to you about this matter. and apologize for the delay in doing so. Our government is committed to a strong and vital public library sector. We recognize that libraries have a significant role in their communities as hubs for information, education and citizen engagement. That is why our government is investing over $28.4 million this year in public libraries to ensure that they will continue to serve Ontarians effectively throughout the province. Our priorities for provincial support for the library sector include protecting the inter-library loans services, First Nation libraries and the annual operating grants for public libraries. This is because we know that libraries rely on stable operating funding to support their day-to-day activities and to plan for the future. In addition, small community libraries now qualify for Ontario Trillium Foundation (OTF) grants under the Special Initiative for Rural and Small Communities. The OTF will support initiatives including special projects and infrastructure improvement. The Ministry of Culture, like most other ministries, had to find cost savings to ensure the government has a responsible fiscal plan to invest in its priorities. We had to make some very difficult choices. I am confident that the Ontario Library Services boards will make the best decisions to focus their resources in areas that support the library sector's priorities. I have met with the Chairs and Chief Executive Officers of Ontario Library Services-North and Southern Ontario Library Services to reiterate my support for the library sector. The ministry is working closely with the sector on the delivery of our services to Ontario's public libraries. In September. I hosted a Library Leaders' Dialogue where participants representing various public library organizations shared their vision for library services in Ontario and expressed the particular, diverse needs of their own communities. In addition, my ministry has more recently held two First Nation Dialogues. We are listening to Ontarians input on how to ensure that libraries and library patrons continue to have access to the services that they need. Again, thank you for taking the time to share your concerns and please accept my best wishes. Sincerely. ~l~Z/~~ Madeleine Meilleur Minister THE CORPORATIO~'~ OF THE :48 LiD(: 7 S 130> lOG Oro, (JnLu:<,.' U L 2XO Pbo:-;v \10:;;\ ij!37]: F,,); iJ(5) 48/.('; 33. August 10, 2005 The Honourable Madeleine Meilleur Minister of Culture Room 4320, Whitney Block 99 Wellesley Street West Toronto, ON M7A 1W3 Dear Minister Meilleur: The Township of Oro-Medonte provides library services to Oro-Medonte residents through contracts with five adjacent Library Boards. The Orillia Public Library Board has made the Township aware of the reduction in the budget of the Ontario Library Service North (OLS-North) and the Southern Ontario Library Service (SOLS) by $700,000. The Ontario Library Service provides a vital service to the public library community and is especially crucial to smaller libraries. The SOLS, in particular, has played a large role in the delivery of service to the community by the Orillia Board. Restoration of funding would ensure continued use of these valuable resources to enrich local communities through access of ideas and information in a variety of means. Therefore, on behalf of Council of the Township, I would respectfully request that you give favourable consideration to the Odilia Library Board's request to restore this funding to OLS- North and SOLS to ensure the continued provision of the valued services offered by public libraries in our community. Yours truly, ~.}U . ~NeilC"i9 ~ Mayor /jt cc: Barrie Public Library Board Coldwater Public Library Board Orillia Public Library Board Midland Public Library Board Springwater Public Library Board Members of Council 6~f-~/ The Mayor and Council Township ofOro-Medonte, 148 Line 7 South , Box 100 ,01'0 Ontario ,LOL 2XO N 16th., t ov. ,~005 - I To whom it may concern . Residents of Hawkestone are concerned about safety on Line 11 entrance into Hawkestone. Hawkestone has approximately 180 homes plus the Sokel Property Association have approximately 50 residences and a trailor park. There is a general store with a Liquor Control Board outlet. Hawkestone Yacht club which has several boats park there And people traveling to and from club especially during summer season. Fire Station. Girl Guide Camp. United Church with weekly services and other events. Hawkestone community hall with various function all year round. In addition to residents of Hawkestone there are approximately 175 homes in Simcoside at bottom of Line 10 south that would use this Line 11 if traveling to Barrie or coming from Orillia due to the fly over at the highway. The are also a number of residents on Lakeshore between the 12th and 13th lines of Oro-Medonte that uses Line 11 due to the fly over at the highway. There are several school buses using this road traveling both to East Oro Elementary school and the local high schools in OriIlia. The intersection of Line 11 and Ridge Road has a three way stop and dur:to the hilI cars traveling north out of Hawkestone are not required to stop at the intersection. Traveling south on Line 11 there is an incline before you reach intersection. The speed limit entering village is 50 Km. The main problem is the local service station which also has gas pumps has several cars parked aU over their property. They also park cars on the west side of Line 11 . This creates a visibility problem when cars are entering or leaving the station. The danger increases in winter months when snow banks are on sides of road. The enclosed pictures were taken on Oct. 4th ,2005 and Oct.5,2005 both in the morning. The residents are requesting that you investigate the possibility of insta11ing no parking signs from the intersection of Ridge Road north on Line eleven on both sides of the road. This would eliminate the congestion in this area and provide improved visibility in this area and address the safety issue for cars entering and leaving service station We look fOf\vard to hearing from you at your earliest convenience. c/c Mr. Christian Meile, Transportation Manager County of Simcoe 3 Orillia District Snowmobile Club Box 582, Orillia, Ontario L3V 6K5 - I October 22, 2005 \ \ \ \ 'l \~~, \ \ 'i\iJ'l 'l. _\....~ \ \ ' OOP \ \ ~O-~'~NS~~ ~'-I'l/~ Mayor Craig and Council Township of Oro Medonte Box 100, Oro, Ontario LOL 2XO Dear Mayor Craig and Council: For the up coming winter season, the Orillia District Snowmobile Club requests the use of the Oro Medonte Rail Trail from Woodland Drive through to Thunder Bridge. The general liability insurance policy to protect its clubs, volunteers, trails and landowners has been placed through the brokerage firm of Jones Brown Inc. The coverage remains the same as in previous years, with the aggregate of $ 15,000,000 with coverage effective November 1, 2005. A certificate of insurance has been requested for the Township of Oro Medonte and will be sent to you through the District MOST office, after November 1. Enclosed you will find a Memorandum of Understanding for you to sign. We trust our agreement with the township is satisfactory for all parties, as we wish to continue to serve the residents of Oro Medonte with safe snowmobile trails. y s trul~, , ~-_.__.... / _117~-- / 4J;77V M .~~ Jim H. Partridge (487 292~ President Orillia District Snowmobile Association rM ONTARIO FEDERATION OF SNOWMOBILECLUBS 501 Welham Road, Unit 9, Barrie, Ontario L4N 9A8 PRESCRIBED SNOWMOBilE TRAil LAND USE PERMISSION MEMORANDUM OF UNDERSTANDING (PLEASE PRESS HARD AND PRINT OR TYPE) On this day year I, the undersigned, owner/occupier of the premises that is lot # , concession # or other in the Township County/District/Region of do hereby give the undersigned named local snowmobile club, as a member in good standing of the Ontario Federation of Snowmobile Clubs, hereinafter referred to as the OFSC, permission to legally enter, establish, groom, maintain, sign and use that portion of the premises herein designated by me for the exclusive purpose of allowing valid permitted and exempted snowmobiles and their riders to use said designated premises for snowmobiling under the following terms and conditions: 1. The local snowmobile club shall at all times remain a member in good standing of the OFSC and be able to verify this to the owner/occupier with a current OFSC certificate or this agreement shall be immediately null and void. 2. By remaining a member in good standing of the OFSC, the local snowmobile club shall be party to the OFSC's third party liability insurance. This coverage is confirmed to the undersigned owner/occupier by signing this memorandum of understanding on the condition no fee has been charged by the owner/occupier for the use of designated premises. The insurance shall have adequate limits to cover land uses specified herein by the local snowmobile club and valid permitted and exempted snowmobiles and their riders on the designated premises. 3. The designated premises shall be sketched on a separate sheet of paper or shown on an attached map and .a copy of eachlboth shall be initialed by both parties hereto and attached to each copy of this agreement. 4. It is understood that the local snowmobile club, with the owner/occupier's verbal consent on each occasion, shall have access to the designated premises prior to and after the winter months for the purpose of opening and closing, upgrading and maintaining the trail when there is no snow cover. S. The local snowmobile club shall maintain that portion of the designated premises to be used by valid permitted and exempted snowmobiles and their riders in reasonably good condition for snowmobiling purposes only; and undertake to post appropriate signage; remove on an annual basis any litter caused by valid permitted and exempted snowmobiles and their riders; and repair or replace property damaged by valid permitted and exempted snowmobiles and their riders on that portion of the designated property used for snowmobiling. 6. Each party hereto shall give the other sixty (60) days prior written notice to the address below of any changes to, or cancella tion of this agreement. 7. The local Snowmobile Club, its Trail Patrol Members and Executive are hereby authorized to be the undersigned owner/occupier's agent(s) to supervise and enforce the uses defined hereunder with respect to the designated premises in accordance with the Trespass to Property Act R.S.O. 1990, c.T21; the Motorized Snow Vehicles Act R.S.O. 1990, c.M44; and the Occupiers Liability Act R.S.O. 1990. c.0.2 as amended. LANDOWNER/OCCUPIER LOCAL SNOWMOBILE CLUB NAME NAME ADDRESS PHONE SIGNATURE ADDRESS PHONE "The OFSC and its member clubs are committed to safeguarding your personal information provided on tillS .form and may only be us ed by tile dubs to proJllde guidelines and procedures under which the Club and Landmvner operate" "White copy ~ owner/occupier yellow copy ~ club Form date: 10/2004 Mid Ontario Sno_obile TraUs 58 Tonge Street South, Suite 8102 Elmvale ON LoL 1PO Tele: (70S) 322.,669 Fax: (70s) 322-S9SS November 15, 2005 -r /, I/O /?/'/ Z ....J~U,'-;1'tM.L l-L-.L./J. ~ UJto-- //((.,(?{$7Z-~ ILl'-'''' , 1 "~/ ~l U (}<-/jI'CL X)..-<!<::.2.A/,,---/' E/5'){ IOC) (1~~(T' (0;77 ;ZCb<':' 2X:J Dear Landowner: Enclosed please find an insurance certificate showing liability coverage with regards to trail activities on your land. We would like to take this opportunity to Thank You for your generousity and community spirit in allowing a snowmobile trail over your land. Your kindness brings important social, health, economic and recreational benefits to communities throughout our area. Please do not hesitate to call us with any trail concern. Sincerely, I RECEIVED) NOV 1 I 1005 I , I ORO-MEDONTE .I : TOWNSHIP .I Susan Gilby Mid Ontario Snowmobile Trails t"'~ ~... ~...~... ........... . JONJES BROWN Tel: 416 408.UJ10 Fax: 416 408.4517 www.j nes fawn.com Insurance Brokers & Consultants CERTIFICATE OF INSURANCE This certificate of insurance neither affirmatively nor negatively amends, extends or alters the coverage afforded by the policies scheduled herein. It is furnished as a matter of information only, confers no rights upon the holder and is issued with the understanding that the rights and liability of the parties will be governed by the original policy or policies as they may be lawfully amended by endorsement from time to time. Certificate Holder Name and Address of Insured: As per list below whieh forms part of this The Ontario Federation of Snowmobile Clubs and its Member certificate of insurance Clubs / Sno Voyageurs Club 9-501 Welham Road Barrie, ON L4N 8Z6 TYPE OF INSURER POLICY EXPIRATION COVERAGES LIMITS OF INSURANCE NUMBER DATE LIABILITY Commercial Royal & Sun Alliance 60416035 10/01/06 Inclusive limits Bodily Each Occurrence General Injury and Property $1,000,000 Liability Damage Liability Annual Aggregate Products/Completed Operations $1.000,000 Excess Liability Lloyds through 5001373L 10/01106 $9,000.000 per Premiere Insurance Occurrence! Underwriting Services Aggregate Inc. Excess Liability Royal & Sun Alliance 60416032 10/01106 $5.000,000 pcr Occurrence! Aggregate Lando\vncr: Township of Oro-l\lednnte 148 Line 7 South Box lCO Oro, Ontario LOL 2XO is added as an addiHonal insured as per standard landowner agreement on file with OFSC. CANCELLATION: Should any of the above described policies be cancelled before Ihe expiration date thereof,..tlie Insurer will endeavour 10 mail THIRTY days written notice 10 Ihe Certificate Holder, but failure to maiIs)1ch notice;shall impose no obligation or liability of any kind upon the Insurer. Issued at: Toronto, Ontario , j J.. ;; r-vi. ii j \ '.,d.{U.Y I i\r-.... ~ \... i ~uthorized Representative Daled: November 10,2005 480 University Avenue, Suite 1100. Toronto, Ontario, 1'15G IV2 TORONTO, CALGARY' VANCOUVER y (,,'0 -I 115 Hurontario Street 3rd Floor, P.O. Box 130 Collingwood, Ontario L9Y 3Z4 November 11, 2005 Gaviller & Company LLP -CHARTERED ACCQUNTANTS- Please Mark Your Reply For The Attention Of S. E. Martin, CA Telephone 705/445-2020 Fax 705/444-5833 Email collingwood@gaviller.on.ca Township of Oro-Medonte 148 Line 7 S., Box 100 Oro, Ontario LOL 2XO Attention: Neil Craig, Mayor Dear Mayor Craig: Re: 2005 Interim Audit During the course of our interim audit of the Township of Oro-Medonte for the year ended December 31, 2005 we identified the following matters which may be of interest to Council. The objective of an audit is to obtain reasonable assurance as to whether the financial statements are free of material misstatement, and it is not designed to identify matters that may be of interest to management in discharging its responsibilities. Accordingly, an audit would not necessarily identify all such matters. The matters identified were: Credit card approvals Currently, there are only two individuals at the Township with credit cards: the CAO and the Treasurer. The Treasurer's card is often used by other department heads and employees and there are instances where the receipts are not kept and forwarded to the treasury department. We understand that treasury does spend time tracking down receipts and explanations. In the event of a GST audit, the lack of actual receipts bearing the amount of GST and the GST number will lead to input tax credits being disallowed. In addition, the credit card statements are not approved in writing. We recommend that a directive be given to all credit card "users" stressing the importance of obtaining and forwarding supporting documentation to the treasury department for all purchases. The Township might also consider having more than two Township credit cards. Perhaps each department head should have a credit card and they would be responsible for approving expenditures by their staff and collecting receipts. Finally, all credit card statements should have staff approval indicated in writing. At this point, it would be feasible for the CAO to approve the Treasurer's credit card statement and vice versa. Management comments: Credit card registers are provided to Council monthly for review. Parks and recreation accounts receivable It has come to our attention that interest is no longer being charged on overdue parks and recreation accounts. Although we do not believe there are significant dollars involved, we wanted to bring this to Council's attention as well. Owen Sound Collingwood ,,,' " Walkerton Meaford . /v.... ~.. '-' -2- Management comments: Treasury believes that until what constitutes an overdue charge is clearly communicated to the user group at the time of entering into the lease agreement, it is not efficient to calculate and apply an interest charge that will not be collected. Miscellaneous revenue controls We recommend that departments responsible for miscellaneous revenues such as dog tags, marriage licences, etc. perform an annual reconciliation to ensure that all tags or licences issued are paid for and that the amount is recorded in the general ledger. Treasury will certainly be able to assist in this regard. The risk is that miscellaneous revenue is collected in cash, the tag or licence issued to the taxpayer, but the cash does not find its way to the Township's coffers. Despite the small, individual dollars involved, over time the amount can be significant. Management comments: Treasury is willing to assist any department in establishing a system of intemal control. Prior recommendations We were pleased to note that virtually all of our previous recommendations have been implemented. Rest assured that the Township's controls are stronger due to the efforts of the treasury department in this regard. By its nature, this letter tends to deal with those areas of internal control where we feel improvements may be achieved. Accordingly, we have not commented on the many stron9 features of your system. These comments relate to the accounting systems only, and are not intended to reflect upon the competence or integrity of the municipality's personnel. This communication is prepared solely for the information of Council and is not intended for any other purpose. We accept no responsibility to a third party who uses this communication. We would like to take this opportunity to thank Paul Gravelle and all of the Treasury staff for their assistance and complete co-operation during our audit. Please feel free to call with any comments or questions at your convenience. Yours very truly GAVILLER & COMPANY LLP Isem cc: Paul Gravelle, Treasurer Per: 148 Line 7 S., Box JOO Oro, Ontario LOL 2XO Phone (705) 487-2171 Fax (705) 487-0133 www.oro~medonte.ca APPLICATION FOR GRANT/SUBSIDY NOTE: GRANT/SUBSIDIES ARE NOT AUTOMATICALLY RENEWED EVERY YEAR. NOTE: ORGANIZATIONS MAY BE REQUIRED TO SUBMIT FINANCIAL STATEMENTS. NOTE: If additional space is required to complete your information, please use the attached sheet. Grant/Subsidy Request Amount $ ::J!tJtr"C PART A - Orl1anization Name and Address Information ~~~ization t fuJu.. fence- U,1nh1;t/i€ ~/d7J II S/;'hbn &J;: lkt/elu//hhIt- ) Address SEE Jtf'PENI>/Y. .2. fR Comm/d;" /~. City Prov. Postal Code Contact Telephone E-mail Fax PART B - Orl1anization General Information Number of to Members 6tofTown Residents . Date i!z 11I'''fNbl}. 1'1"/,9. Formed 1/ Membership Fee If Applicable "1[ Ont!: ' 2/J/JS. Geographic Area.:::'" _.' Served .JK,c Outline the mission, purpose and objectives of your organization. l'/et1U see t1;renA.,(,;' :JJptJs 5-8, Type of Organization (i.e. Registered Charity, Non-Profit Organization, no status, etc.) and registration number if applicable. "'"hI) 51aht~ r ad- hLlc ep/n/n/lt7" kJMC/' '7M'// d,jhnd- f1;I,eh fItL f,,},r.t l-S Lbb1jJk!P-- Other Sources of Revenue (include amounts that have been received or that are anticipated - other grants/subsidies, private funding, etc.). s(~ tlftyndUr 11" t J D_ ID F Purpose for which the current grant/subsidy. if approved, would be used. Give complete details (i.e. project or event description, time frame, community benefits). See tlf'pel1tfM; 11 1-, /'). II , Do you currently receive other grants or subsidies from the Township (facility subsidization, photocopying, secretarial, etc). NtJ. Previous grants/subsidies from the Township? NP#'"e, Amount Requested: $ Year of Request: Amount Approved: $ Year of Approval: PART C - Sillnature of Authorized OfficiaUs) _~JratMld 7Jt-}i~~j-< --. (fll11./h1~ dJ/.QI/dJ Date: Name & Position .JU-..;IrrHW~. ;& 1,2"05' Date: Name & Position 9M~NH~ Approved: Denied: Amount $ Date: NOTE: Personal information contained on this form is collected pursuant to the Municipal Freedom of Information and Protection of Privacy Act, and will be used for the purpose of determining eligibility for grants. Questions about this collection should be directed to the Freedom of Information Co-ordinator, Tbe Corporation of the Township of Oro-Medonte, 148 Line 7 South, Box 100, Oro, Ontario. LOL 2XO Please use this additional sheet (and attach more if required) to complete the information requested on the Grant/Snbsidy Application Form. Outline the mission, purpose and objectives of your organization. . GRANT APPLICATION CONTENTS 1. OFFICIAL APPLICATION FOR GRANT SUBSIDY page APPENDICES 2. COMMITTEE MEMBER INFORMATION 3-4 3.MISSION, PURPOSE AND OBJECTIVES 5-8 4. AREA MAP 9 5. OTHER SOURCES OF REVENUE 10 6. PROPOSED USE OF GRANT 11 7. PHOTO DOCUMENTATION FROM 2003 FENCE 12-15 8. OTHER DOCUMENTATION FROM 2003 PROJECT . . 2 West Ora Field Stone Fence Grant Application , <.. > 4e Pg. 1 of3 James Harvey 1415 Scarlet Line P.O. Box 50 R.R.#3 Elmvale,ON LOL IPO December 1, 2005 \ >j r Township ofOro- Medonte Treasury Department P.O. Box 100 c.c. Mayor ofOro Medonte J. Neil Craig, Ward 1 Councillor Dan Buttineau, Environmental Services Keith Mathieson. Re Roll #4346-020-009-22200-0000 Paul Gravelle, In the late 1990's I attended a tax review board hearing. Present was my lawyer and Debbie Mooney from the township. The reason my lawyer was present was because of a toxic waste dumpsite across the road from me, originally in Medonte township. In 3 days of environmental hearings which were held in Elmvale (Springwater Township) after the realignment of townships the decision was clearly made that my assessment would not increase until the work order and certificate of prohibition were removed from the affected property under section 137, 140 & 144 of the Environmental Protection Act. In Premier Harris' wisdom and cutbacks, the generator of the toxic waste was responsible for the clean-up. Evidently after the 3 days of environmental hearings in Elmvale, the recommendations and cleanup procedures were in jeopardy. The Mayor Ian Beard was given videos and still photographs of the waste site. They were delivered to his home where they were signed for. As we all know, Ian Beard passed on. I proceeded with corresponding with Debby Mooney and Jennifer Zeileniewski in order to acquire some help. Dr. Hicks, a chief medical officer at Simcoe County lived on the adjoining property to the waste site. He assured the residents of the area that the water was safe to drink and that he was working with Dr. Hore of the environment as well as Alex Scott to have the barrels removed. Mrs. Hicks was also working with the Township and reassured neighbors that everything was being done to remedy the situation. 1 -I , . 5t - d- Pg. 20f3 All ofa sudden Dr. Hicks placed his residence up for sale. His property sold within 13 days well below market value. The red flags started to go up not only with me but with the neighbours as well. To this day we have not heard from Dr. Hicks. I hired a lawyer and proceeded with the Freedom ofInformation Act to the township of Oro-Medonte, Springwater and the Ministry of the Environment. A letter from simcoe county stated that Dr. Hicks had never reported this information in any way shape or form. The letter also indicated that he is self serving. In regards to the letter to the minister and the information received from Alex Scott, suggested I excavate my property and that the generator was responsible for the cleanup. Virtually the ministry washed their hands of the situation. I received an assessment notice from MPAC a private company. I contacted Ralph Bradley and he suggested that I file and appeal. I paid my fee, an appeal date was set. Prior discussions with Ralph Bradley indicated he had no previous knowledge of the dumpsite or the Assessment. These conversations were taped. Adjudicator Barkley listened to a small amount of the pertinent information and suggested that I have an appraisal done on my property. Because of the complex matter, I had estimates that ranged form $5000.00 to $20000.00 for the appraisal work. I again sent $75.00 to present my case at MPAC's assessment review board. I got a new adjudicator, Mrs. Robinson. She did not want to hear the case and said the proper photocopies were not submitted. I was not requested by anyone to submit copies of anything. This summer, an Oro- Mendonte By-law officer came to my property with a Ministry Official. They took notes and stated that they would get back to me. I have not heard anything from either one of them since. Under the freedom of information act, I discovered there was no water testing ever done. There is well above average rates of cancer and one case of a misdeveloped child that required aborting in the immediate area. The township over the years has been well aware of the situation. The medical costs to myself and my neighbours have been astronomical. F&P manufacturing and the Honda Plant were caught disposing of toxic waste improperly and were fined. . ... Pg. 30f3 I am a senior citizen with a limited income and this has cost me financially, as well as my health has not been good. I don't think that the residents ofOro-Medonte should be victims. I have chronologically documented records and information starting in 1983 when the township gave permission for this activity to take place. I have been a resident on this property since 1967. I feel the township should respect the original assessment. Remittance will be sent upon receiving a proper invoice excluding interest, at the original agreed upon assessment. Your attention in this matter is greatly appreciated. Yours truly, James Harvey ,...~ '''<'' ~ ~ ~ r-. ) Cc: ; ralph.houqh@oro-medonte.ca; recreation@oro. medonte.ca Sent: Tuesday, December 06, 2005 12:39 PM Subject: Warminster Soccer League Budget Requests Attention Mayor and Council; On behalf of the Warminster Soccer League, I would like to ask that during your next budget considerations we be allowed to make a couple of requests. I) We would like to see the field at Richelieu Park 'top dressed'. Y We feel that if this were done it would take out some of the dips and wholes that are a safety concern. Y It would also help to level out the field and allow us to make better use of the room that is there. We would like to be able to try and add another 'soccer pitch' as we always run at capacity and it would be nice to allow children on the waiting list the opp0l1unity to join us. Soccer can be such a benefit to the children as they can enjoy the exercise and the social interaction, making many new friends. 2) We would like to see a permanent building, with water and hydro, on the site. We would like this building to have storage, bathrooms, and a snack bar area; very similar to the building at the Warminster Park. Y For years we have rented a storage bin which requires us to move our equipment back and forth (often being damaged in the move) before and after season. Y Each year the Township supplies us with 'port-a-potties', while this does give the children a spot of relief we would like them to be able to wash their hands to try and keep away as many germs as possible that can cause unnecessary illness. Y It would also cut down on the line-ups at the 'port-a-potties' Y It would also allow our players a place to change. especially first night when uniforms are handed out, or our volunteers that ref and play. We are not asking for the township to just give us a building but rather help us make a dream come true. We have set aside some money for a building and would like to work with the Township on this project; from the design right through. Your consideration in these matters is greatly appreciated. Thank you, Janet Doughty President Warminster Soccer League warm instersoccer@roger.com Phone: 327.1226 , t;~-\ December 2, 2005 To the Mayor and Members of Council, As residents of Shanty Bay and the Arbourwood Subdivision, please be advised of our desire to develop the parkland located off of Basswood Circle. We have formed a committee and circulated questionnaires to all of the residents within the subdivision. Of the thirty questionnaires returned, the highest interest was in the development of a playground and a tennis court. During the canvass ofthe neighbourhood we had many positive comments and feel we will obtain further support from the community once the fundraising is in full gear. We would like to begin the initial process with this development and request the Township ofOro-Medonte match any and all funds we are able to raise. We also request the Township of Oro-Medonte assist us in any other way possible ie; planning, establishment of an account from which charitable receipts can be issued, etc. To date we have approximately $7000.00 pledged for these projects. Our goal is to raise $20,000.00 - $25,000.00. Our hopes are that we can raise the necessary funds within a short period of time and that the project can be completed in 2006. With your assistance we are certain this park will be a safe and fun place that all of the residents of Shanty Bay can enJoy. Please don't hesitate to contact any of the committee members noted below should you have any questions or concerns. Your assistance with this project is greatly appreciated. Craig & Sandi Drury Warren & Mary Harris Melanie Tymoszewicz 721-0013 739-7153 722-0202 lOT . I ., '1.._- .... J......-.~: -..;..~ .... LOT 16 . ~~ LOT I' i ';.;,--.~ J:: ~: BlO(:l(lO! I _ _... I '1-'E}Z.,~ __, I P.I ,H.';5d;5!J2 ~ (){)IJ-/l~(L~ij A I 'i;I~ . . .,,_..... 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RMlISSI.IMTitOi:tii ... 0INJIl'S CER>>FICA'IE ......-- ~ .......--__.....:l____ :'==t.'"t=.':l.-=--=.. ...................--.-........ ---....---- I. .._....._...__..__ ..--...- AIIt8llURWOtO ESTATES llD. &:.. r""~"'" ...-..--.- '-"'- "_IIe_ Sllfnf:l1:WS COf7lFlCA7l' '--, ~ =~4.c~"'!:I-::.:-_ I. ...___....._...-.. --...- .i:i'(U~ --- NO,.. ;;;;;;;;r;..__...._.."'l ~~..=...-:~":.":.:."t'::.'.:.... . ---- a __._ . .--- . ._- .. ...-...... ! a...~.. :' =r . -- .. ------ ----- ...... --..--.......- 000._........_...- RAIKES SURVEYING LTD. .... i-r............. --...,. ~ ......__IIi\Ill.__...... ........ ('IIlIIt ..... .... t1llIt ..... -- ~C\ - \ TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. TR2005-26 To: Committee of the Whole Prepared By: Paul Gravelle Subject: Actuarial Valuation Department: Treasury of Post-Retirement Benefits Council C.ofW. Date: December 7,2005 Motion # R.M. File #: Date: RolI#: II BACKGROUND: II In their management letter relating to the 2004 year-end, our auditors advised that in order to comply with Section 3255 of the Public Sector Accounting Handbook, the municipality would have to obtain an actuarial valuation of post-retirement benefits. They estimated that the cost of an actuarial valuation to be between $3,000 and $5,000. The only future employee benefit that will require an actuarial valuation is the payment of health and dental premiums for senior management from retirement date to age 65. II ANALYSIS: II In discussion with our auditors, the only firm that they are aware of that provides such actuarial valuations is Dion Durrell of Toronto. Please find attached a copy of their proposal. Proposed fees are $4,100. This fee is for the calculation of the actuarial valuation of post- retirement benefits for the year ending December 31,2005 and an extrapolation of results for the years ending December 31,2006 and December 31, 2007. II RECOMMENDATION(S): " V\ r,e, -.. j . ../ ~, ~ II 1. THAT Report No.TR2005-26 be received and adopted. 2. THAT the Township of Oro-Medonte engage the firm of Dion Durell for the provision of actuarial valuations for post-retirement benefits for the years ending December 31, 2005, 2006 and 2007. Respectfully submitted, p~~ JL~iL Paul Gravelle Treasurer C.A.O. Comments: Date: j ! ( }Ii !~ ' I>-\L l, J )) / o OJ / (\ U)J--' j' /. , I ') ! C.A.O. v Dept. Head -2- . It] DION DURRELL Actuaries and Consultants December 2, 2005 BY E-MAIL: treasury@oro-medonte.ca Mr. Paul Gravelle Treasurer Township of Oro-Medonte 148 Line 7 South Oro, ON LOL 2XO Dear Mr. Gravelle: Re: Township of Oro-Medonte Post-Retirement Non-Pension Benefits Estimated Fees for 2005 The scope of the work relating to the Township of Oro-Medonte ("the Municipality's") required actuarial valuations of the post-retirement benefits plan, will involve, but are not limited to, the following: . Review of post-retirement/post-employment benefits; . Collection and reconciliation of data and information; . Valuation of the post-retirement benefit liabilities; and . Identification and discussion of financial strategies. The valuations for the Municipality will be performed in compliance with guidelines set forth in Sections 3250 and 3255 of the CICA Public Sector Accounting Handbook. The actuarial team performing the valuations collectively possesses the requisite combination of skills, certification and education required. In addition, this team has the qualifications and certification to meet the standards issued by the Canadian Institute of Actuaries' Consolidated Standards of Practice ("General Standards") with respect to external reporting, which became effective December 1, 2002. The actuarial reports that will be prepared for the Municipality will be in accordance with generally accepted actuarial practice. In addition, as most auditors of financial statements request or require that an actuary certify that the liability and current service values are in accordance with accepted actuarial practice, the actuarial valuation reports will be certified by an actuary. The qualifications and experience of the actuarial team are available upon request. Estimated Fees The fee structure for the provision of services for post-retirement benefits is based upon the assumption that one comprehensive and detailed actuarial valuation for the post-retirement benefits will be performed for the year ending December 31, 2005 for the Municipality. The provision of mONo DURREll + ASSOCIATES INC. 20 Queen Street West, Suite306.. Toronto, Ontario, Canada, MSH 3R3 Tel' 416408-2626 Fax: 4]6408-3721 i E -Lf Mr. Paul Gravelle December 2, 2005 Page 2 services will include an extrapolation of results to compute the accrued benefit obligation for the years ending December 31, 2006 and December 31, 2007, completed and delivered following the December 31, 2005 valuation. The fee structure for this service based on the Municipality's employee population with post- retirement benefits of approximately 13 active employees and retired former employees in receipt of retirement benefits would be $4,100. The fees are based upon the membership data and benefit plan provisions being provided in a reasonable form, such form to be detailed in a data request letter. Any additional fees will be discussed with the Municipality before being imposed. The extrapolation of results for the years ending December 31,2006 and December 31, 2007 will be completed with no additional fees. However, if there are significant changes to the information during these years, a full actuarial review may be required. Significant changes to the information would include re-negotiated benefits, increased benefit costs, changes in actuarial valuation assumptions and significant swings in demographics, for instance. If you have any questions, please do not hesitate to call. Yours truly, ~ Karen G. Long, F.S.A., F.C.I.A. Actuary [Telephone: (416) 408-5326J fE-mail: karenl@dion-durrell.comJ u'c-\ TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. To: Prepared By: TR 2005-27 Committee of the Whole Bonnie McPhee Subject: Department: Council Treasury Statement of Accounts C.ofW. Date: November December 07,2005 Motion # R.M. File #: Date: RolI#: Following is the statement of accounts for the month of November. Batch No. Cheaue Reaisters: AC00352 AC00353 AQ00298 AC00354 AC00355 AC00356 Pavroll: PR00114 PR00117 Credit Card Reaisters: AE00023 AE00024 Date Amount November 02, 2005 November 09, 2005 November 10,2005 November 16, 2005 November 23, 2005 November 30, 2005 $ 243,961.83 354,631.73 500.00 86,248.72 158,092.58 167,525.31 $ 1,010,960.17 November 12, 2005 November 26, 2005 80,036.55 81,488.52 161,525.07 November 17, 2005 November 17,2005 $ 2,480.24 2,915.31 5,395.55 Total $ 1,177,880.79 /t-~ tt~ { II RECOMMENDATION(S): ~ 'u-~ II 1 . THAT Report No. TR 2005 - 27 is received. 2. The accounts for the month of November 2005 totaling $ 1,177,880.79 are received. Respectfully submitted, ?:P'~ Bonnie McPhee Accounting Clerk C.A.O. Comments: Date: C.A.O. Dept. Head -2- ~c TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. TR2005-28 To: Committee of the Whole Prepared By: Paul Gravelle Subject: Sale Proceeds - 257 Department: Treasury Moonstone Road E. Council C.ofW. Date: December 7, 2005 Motion # R.M. File #: Date: RolI#: II BACKGROUND: II In 2005, a new fire hall was constructed and opened in Moonstone. The previous Moonstone Fire Hall was declared as surplus and sold. Net sales proceeds were $98,729.30. II ANALYSIS: II We respectfully recommend that the said funds be transferred to the Fire Department reserve to assist in the financing of fire hall upgrades or the eventual construction of a Line 7 fire hall identified in the Fire Master Plan. II RECOMMENDATION(S): II 1. THAT Report No. TR2005-28 be received and adopted. 2. THAT the net proceeds from the sale of 257 Moonstone Road East, being $98,729.30, be transferred to the Fire Department reserve. Respectfully submitted, r~ !YL !\ .i\Y-A~ J.:.P ro. .^\ ,'j '- Ii ,". / i]))A./9:, \ \) ~ i Paul Gravelle Treasurer \ ~ \ I TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. To: Prepared By: ADM 2005-60 Committee of the Whole M. Pennycook, Clerk Subject: Department: Council Administration Analysis of Responses to C.ofW. Resolution with Respect to Date: December 14, 2005 Predation by Wild Animals Motion # R.M. File #: P14-024217 Date: RolI#: II BACKGROUND: II On September 14, 2005, Committee of the Whole received and adopted Report No. ADM 2005-042 regarding a Claim for Compensation - Livestock by Mr. Henry Regelink for killing of livestock on August 11, 2005 (Attachment #1). Staff were directed to bring forward a resolution to be sent to the Ministry of Natural Resources and Ministry of Agricultural and Food to expand the compensation program now in place and to recognize the threat of predation to livestock by cougars/pumas within Ontario. Motion No. 10 was enacted at the Council meeting of September 21,2005 (Attachment #2). Accordingly, correspondence dated September 26, 2005 was mailed to The Ministry of Natural Resources and the Ministry of Agriculture and Food (Attachment #3). A broadcast email dated September 26, 2005 was sent via The Association of Municipalities of Ontario to the Chief Administrative Officers and Clerks of all Ontario Municipalities requesting support of Motion 10. II ANALYSIS: I To date, the Township has received a total of 122 letters with respect to this matter. The Township has received 102 letters supporting Motion 10 (Attachment #4). Twenty letters have been received acknowledging receipt of Motion 10 (Attachment #5). A similar request dated October 31, 2005 was received from The Corporation of Loyalist Township requesting that fishers be included as predators for which claims for injured or killed livestock can be reimbursed. The Township of Springwater has endorsed both the Township of Oro-Medonte's resolution and the Loyalist Township's resolution. The Township of Alfred and Plantagenet also recommended that the Township's of Oro-Medonte's resolution include lynx and fishers as predators (Attachment #6). Correspondence dated October 25, 2005 from Leona Dombrowsky, Minister of Agriculture, Food and Rural Affairs acknowledging receipt with respect to this matter is affixed as Attachment #7. To date, the Township has not received correspondence from The Minister of Natural Resources. II RECOMMENDATION(S): I It is recommended that: 1. Report No. ADM2005-60 be received for information. 2. That Council support Loyalist Township's request to include fishers as predators for which claims for injured or killed livestock can be reimbursed. 3. And Further That a copy of Report ADM 2005-60 be forwarded to Mr. Henry Regelink for his information. Resp~ctfully submitted, ~U [\ J" J~,~ / , I' 'cook ,,) C.A.O. Comments: Date: Dept. Head C.A.O. LO)"-~ I V - 2 - ~~<..".it \ loA- - Dept. Report No. To: Prepared By: ADM2005-042 Committee of the Whole M. Pennycook, Clerk Subject: Department: Council Claim for Compensation Administration Livestock (August 11, 2005) C.ofW. ............ Date: September 14, 2005 Motion # J,') R.M. File #: Date: ~f-\.\"lI05 RolI#: TOWNSHIP OF ORO-MEDONTE REPORT (I BACKGROUND: I On August 11 ,2005, one of the Township Livestock Valuers, Andy McNiven, attended a farm to take a report of the killing of a yearling horse. The owner of the horse met Mr. McNlven on site and the carcass was inspected. Several photographs were also taken of the carcass as well as of footprints in the area made by the predator. The Valuer determined, as recorded in his report, that the owner had taken reasonable measure to prevent predation and that the compensation awarded should be $500.00. The Valuer also determined that he had found evidence, to the best of his knowledge and belief, that shows the predator responsible for the damage was a cougar. Mr. McNiven requested that a representative of the Ministry of Natural Resources attend the site to confirm the type of predator. A Ministry representative from Midhurst did attend the site on August 15 with the Valuer and the owner of the livestock. The official position of the Ministry is that there are no wild cougars/pumas in this area. Mr. Stuart Kenn of the Ontario Puma Foundation was asked to comment based on the method of kill and the photos 01 the tracks. Mr. Kenn's opinion is that the predator was a "cat" but it was not possible to determine the type or size since there was no scale for comparison in the photo. The owner of the horse attended the Township offices on the 18th of August to submit the claim and swear an affidavit as required. The Valuer's report and the affidavit are attached for information (Attachment 1). lo~~ " II ANALYSIS: I Section 3(3) of the Livestock, Poultry and Honey Bee Protection Act states that "the council of a local municipality may pass a by-law providing that where livestock or poultry are killed or injured by wild animals, other than wolves, in the municipality, subsection (1) applies in the same manner". Subsection (1) referred to in this instance, places the liability for the amount of damage incurred on the municipality. The Township of Oro-Medonte has not passed a by-law providing compensation for kills by wild animals. As well, Mr. Robin Chandra of the Ministry of Agriculture and Food advised that his Ministry has no program in place to compensate for livestock kills by wild animals other than wolves, coyotes or bears. Section 4(4) of the Livestock, Poultry and Honey Bee Protection Act states that "Where the valuer finds evidence that to the best of his or her knowledge and belief shows that any of the livestock or poultry was not killed or injured by a dog or a wolf, the council of a municipality may deny liability in whole or in part by written notice given by the clerk of the municipality to the owner of the livestock or poultry within 30 days after the filing of the affidavit with the clerk". The Township of Oro-Medonte participates fully in the programs established by the Ministry of Agriculture and Food to compensate livestock owners in the case of damage by wolves, coyotes and bears. The incidence of predation in the Township by wild animals other than wolves, coyotes and bears has been minimal. It is therefore recommended that the claim for compensation by Mr. Henry Regelink for killing of livestock on August 11, 2005 be denied; and that the Ministry of Natural Resources and the Ministry of Agriculture and Food be advised of this claim. ~ RECOMMENDATION(S): I 1. THAT Report No. ADM2005-042 be received and adopted. 2. THAT the claim for compensation by Mr. Henry Regelink for killing of livestock on August 11, 2005 be denied and that Mr. Regelink be notified of Council's decision before September 18, 2005; 3. THAT the Ministry of Natural Resources and the Ministry of Agriculture and Food be advised of the claim for killing of livestock by a cougar. CJJ~ CJ& 0 '\Q{ ~\'? 12. REPORTS OF MUNICIPAL OFFICERS: t\\\C4<.\.:ft l a) Marilyn Pennycook, Clerk, re: Consideration of Resolution, Li'Vestock Claims. Motion No.1 0 Moved by Crawford, Seconded by Fountain Be it resolved that WHEREAS the Ontario Ministry of Agriculture and Food provides compensation to owners of livestock for claims for damage from wolves, coyotes and bears; AND WHEREAS the Township of Oro-Medonte participates in these programs to compensate owners upon completion of an appointed Livestock Valuer's Report and Affidavit sworn by the owner; AND WHEREAS the Township of Oro-Medonte claims reimbursement from the Ontario Ministry of Agriculture and Food for such claims of damage/killing of livestock by wolves, coyotes and bears within the Township; AND WHEREAS the official position of the Ministry of Natural Resources is that there are no wild cougars/pumas in this area; AND WHEREAS the Township of Oro-Medonte has, on the 14th day of September, denied a claim from a resident of Oro-Medonte for compensation for killing of livestock by a cougar; AND WHEREAS the Ontario Puma Foundation has documented sightings of cougars/pumas in Ontario; NOW THEREFORE the Township of Oro-Medonte requests that the Ministry of Natural Resources recognize the threat of predation to livestock by cougars/pumas within Ontario; AND FURTHER THAT the Township of Oro-Medonte requests that the Ministry of Agriculture and Food initiate a program of compensation to livestock owners for predation by these wild anirnals within Ontario; AND FURTHER THAT this resolution be circulated to all municipalities within Ontario for support. Carried. Page 7 Council Meeting Minu1es- September 21, 2005 I THE CORPORATION OF THE ~Yt,<.\. ~~ TOWN8tIIP (gvorJl6ec&vw , 148 Line 7 5.. Box 100 Oro, Ontario LOl2XO Phone (705) 487-2171 fax (70S) 487.0133 www.Ofo-medonte.ca September 26, 2005 v The Honourable David James Ramsey Ministry of Natural Resources 6th Floor, Room 6630. Whitney Block 99 Wellesley St. W. Toronto, ON M7A 1W3 FILE COpy. Dear Minister Ramsey: On September 14, 2005, Council of the Township of Oro-Medonte denied a claim by a livestock owner for compensation for a colt killed by a cougar. The determination of the predator in this instance was made by the Township's appointed Livestock Valuer after he had attended the scene and collected evidence of the kill. The Ministry of Natural Resources representative from the Midhurst office also attended the scene and the photographs taken were forwarded to the President of the Ontario Puma Foundation for consideration. Council deliberated this report of an unusual predator in the Township at some length and felt it necessary at this time to raise awareness of the presence of such an animal in the area. Oro.Medonte is a largely rural municipality and is home to many large livestock holdings. I would therefore respectfully request that your Ministry recognize the threat of predation to livestock by cougars/pumas in Ontario. In conjunction with this request, I have also requested that the Minister of Agriculture and Food consider the initiation of a program of compensation to livestock owners for predation by wild animals other than wolves, coyotes and bears. A copy of the resolution circulated to all municipalities in Ontario for support is attached for your information. Your favourable consideration of Council's request would be appreciated. Yours truly, -)&Y~ ~ N,lIe";g Mayor Attach. cc: Members of Council I THE CORPORATION OF THE , 148'Une 7 S., Box 1.00 Orc, Ontario LOL 2XO The Honourable Leona Dombrowsky Minister of Agriculture, Food and Rural Affairs Public Archives Building 77 Grenville St., 11th Floor Toronto, ON M5S 1 B3 TOWN6IiIP rg~orAedvW lllEcop , Phone (7051487.2171 Fax (705) 487.0133 www.oro-medonte.ca Dear Minister Dombrowsky: On September 14, 2005, Council of the Township of Oro.Medonte denied a claim by a livestock owner for compensation for a colt killed by a cougar. The determination of the predator in this instance was made by the Township's appointed Livestock Valuer after he had attended the scene and collected evidence of the kill. The Ministry of Natural Resources representative from the Midhurst office also attended the scene and the photographs taken were forwarded to the President of the Ontario Puma Foundation for consideration. Council deliberated this report of an unusual predator in the Township at some length and felt it necessary at this time to raise awareness of the presence of such an animal in the area. Being a largely rural municipality, Oro-Medonte is also active in the programs sponsored by your Ministry under the Livestock, Poultry, and Honeybee Protection Act, to compensate livestock owners for predation of their stock. It is respectfully requested that the initiation of a program to compensate livestock owners for predation by wild animals other than wolves, coyotes and bears be investigated. In conjunction with this request, I have also requested that the Minister of Natural Resources recognize the threat of predation to livestock by cougars/pumas in Ontario. A copy of the resolution circulated to all municipalities in Ontario for support is attached for your information. Your favourable consideration of Council's request would be appreciated. Yours truly, >>- M ~ J. Neil Craig Mayor Attach. cc: Members of Council Attachment #4, Townships Indicting Support of CW-10 (3 pgs.) Addington Highlands, Township of Adelaide Metcalfe, Township of Adjala-Tosorontio, Township of Alfred and Plantagenet, Township of Alnwick/Haldimand, Township of Amaranth, Township of Armour, Township of Arran-Elderslie, Municipality of Ashfield-Colborne-Wawanosh Township of Beckwith, Township of Belleville, City of Blue Mountains, Town of Bonfield, Township of Bracebridge, Town of Brockton, Municipality of Canton de Champlain, Township of Carlow/Mayo, Township of Casey, Township of Chappell, Township of Clearview, Township of Dawn-Euphemia, Township of Durham, Regional Municipality of Edwardsburgh/Cardinal, Township of Enniskillen, Township of Erin, Town of Essa, Township of Essex, County of Faraday, Township of Galway-Cavendish and Harvey, Township of Georgian Bluffs, Township of Georgina, Town of Goderich, Town of Grey Highlands, Municipality of Grey, County of Harley, Township of Hastings Highlands, Municipality of Highlands East, Municipality of Howick, Township of Hudson, Township of Huron East, Municipality of Innisfil, Town of Iroquois Falls, Town of Kapuskasing, Town of Morley, Township of Kawartha Lakes, City of Morris-Turnberry, Municipality of Kerns, Township of Mulmur, Township of Killaloe-Hagerty-Richards, Township of Neebing, Municipality of La Salle, Town of New Tecumseth, Town of La Vallee, Township of Niagara-On-The-Lake, Town of Laird, Township of North Dundas, Township of Lakeshore, Town of North Frontenac, Township of Lanark Highlands, Township of North Middlesex, Municipality Laurentian Hills, Town of North Shore, Township of Lennox & Addington, County of Oliver Paipoonge, Municipality of Limerick, Township of Perth East, Township of Loyalist, Township of Perth South, Township of Macdonald, Meredith & Aberdeen Add'l, Township of Madawaska Valley, Township of Peterborough, City of Port Colborne, City of McKellar, Township of Port Hope, Municipality of Meaford, Municipality of Quinte West, City of Melancthon, Township of Ramara, Township of Middlesex Centre, Township of Rideau Lakes, Township of Midland, Town of Saugeen Shores, Town of Minto, Town of Simcoe, County of Montague, Township of South Bruce Peninsula, Town of South Dundas, Township of Southgate, Township of Southwold, Township of Springwater, Township of St. Joseph, Township of Tarbutt & Tarbutt Additional, Municipality of Tehkummah, Township of Temiskaming Shores, City of Thessalon, Town of Tweed, Municipality of Tyendinaga, Township of Uxbridge, Township of Warwick, Township of Wellington, County of Whitestone, Municipality of Zorra, Township of Attachment #5, Townships Indicating Receipt of CW-10 Algonquin Highlands, Township of Barrie, City of Brant, County of Cavan-Millbrook-North Monaghan, Township of Chatham-Kent, Municipality of East Gwillimbury, Town of Hawkesbury, Town of Kincardine, Municipality of King, Township of London, City of Milton, Town of Newmarket, Town of Orangeville, Town of Oshawa, City of Point Edward, Village of Scugog, Township of Terrace Bay, Township of Thorold, City of Vaughan, City of West Lincoln, Township of \\ The Corporation of Loyalist Township P.O. Box 70, 263 Main Street, Odessa, Ontario KOH 2HO ~ ~iiClt"~ (0 ~l~ A wi ~ ~ Tel: 613-386-7351 . '/~ Fax: 613-386-3833 email: info@loyalist-township.on.ca www.loyalist-township.on.ca ./< October 31, 2005 , \ To All Municipalities in the Province of Ontario: Please be advised that Council for The Corporation of Loyalist Township, at its meeting of October 24,2005, adopted the following resolution: WHEREAS the Ontario Ministry of Agriculture, Food and Rural Affairs currently provides compensation to owners of livestock for claims for animals injured or killed by wolves, coyotes or bears; AND WHEREAS The Corporation of Loyalist Township partIcIpates in the program to compensate owners upon completion of an appointed Livestock Valuer's Report and Affidavit sworn by the owner; AND WHEREAS The Corporation of Loyalist Township claims reimbursement from the Ministry of Agriculture, Food and Rural Affairs for claims for animals injured or killed by wolves, coyotes or bears within the municipality; AND WHEREAS there is no provision presently allowed to claim reimbursement for livestock that have been injured or killed by fishers; AND WHEREAS there have been documented sightings of fishers in eastern Ontario; NOW THEREFORE The Corporation of Loyalist Township requests that the Ministry of Agriculture, Food and Rural Affairs include fishers as predators for which claims for injured or killed livestock can be reimbursed; AND FURTHER THAT this resolution be circulated to all municipalities within Ontario for support. The Township respectfully requests support for this resolution from all Ontario Municipalities. PLEASE FORWARD YOUR ENDORSEMENT DIRECTLY TO THE HONOURABLE LEONA DOMBROWSKY, MINISTER OF AGRICULTURE, FOOD AND RURAL AFFAIRS AND TO YOUR LOCAL MPP. renda ilton, CMO Township lerk - .. ~ J fa. ....,...... ~ . '" ADMINISTRATION TAXES TRAVAUX PUBLICS! PUBLIC WORKS 205, Vieil!eRoule 17 205 Old Highway t 7 C.P. 3501 P.O. Box 350 Plantagenet ON KOB 1 La Telephone: (613) 6734797 Fax: (613)673-4812 w/ CONSTRUCTION/BUILDING URBANISMEJPLANNJNG APPLICATION DES REGLEMENTSI BY.LAW ENFORCEMENT 265, rue 51-Philippe Street Allred, ON K06 1AO Telephone: (613) 679-2292 Fax: (613) 679-4939 o CANTON D'ALFREDET PLANTAGENET TOWNSHIP OF ALFRED AND PLANTAGENET FileNo. 415 REC to October 20th, 2005 OCT 2 G 2005 ORO-MEDONTE TOWNSHIP J. Neil Craig Mayor Township ofOro-Medonte 148 Line 7 South Ora, Ontario LOL 2XO Dear Mr. Craig: Please find attached a copy of resolution no. 2005-406 passed by the Council of the Township of Alfred and Plantagenet at its meeting held on October 17th with respect to compensation to owners of livestock for claims for damage from wolves, coyotes and bears. The municipality also recommends to include lynx and fishers as predators. Sincerely, il~oU~ Diane Thauvette Clerk-Treasurer /cwl Enc!. c.c. Honourable Leona Dombrowsky, Minister of Agriculture, Food and Rural Affairs c.c. Honourable David James Ramsey, Minister of Natural Resources Le 17 octobre 2005 RESOLUTION NO. 2005-406 Propose par Andre Boudreault Appuye de Rene Beaulne Qu'il soit resolu que la municipalite appuie Ie Canton de Oro-Medonte dans sa requete au ministere de Richesses naturelles de reconnaitre les cougars/pumas comme predateurs d'animaux a elevage et au ministere de I'Agriculture et de I'Alimentation d'initier un programme de compensation pour les animaux tues par ceux-ci, et que les lynx et martres soient aussi ajoutes comme predateurs. Adoptee October 17th, 2005 RESOLUTION NO. 2005-406 Moved by Andre Boudreault Seconded by Rene Beaulne Be it resolved that the municipality support the Township of Oro- Medonte in its request to the Ministry of Natural Resources to recognize the threat of cougars/pwnas as predators of livestock and to the Ministry of Agriculture and Food to initiate a program of compensation for animals killed by them and that the lynx and fishers also be added as predators. Carried Diane Thauvette Greffiere-tresoriere Clerk-Treasurer . Ministry of Agriculture, Food and Rural Affairs Ministere de I' Agriculture, de l'Alimentation et des Affaires rurales ~~~~l Office of the Minister 77 Grenville Street, 1 ph Floor Toronto, Ontario M5S 1 B3 Tel: 1416) 326.3074 Fax: 1416) 326.3083 Bureau de la ministre 77, rue Grenville, 1 P stage Toronto (Ontario) M5S 1 B3 Tel.: 1416) 326.3074 Telec.: 1416) 326.3083 \s;l-\5 ~ Ontario 2 5 His Worship J. Neil Craig Mayor Township of Oro-Medonte 148 Line 7 South PO Box 100 Oro, Ontario LOL 2XO Dear Mayor Craig: Thank you for your recent letter expressing council's interest in having the Livestock, Poultry and Honey Bee Protection Act expanded to address predation by cougars. The Livestock, Poultry and Honey Bee Protection Act was designed to provide compensation to producers of specific livestock species for damage resulting from wolf, coyote and dog attacks, and for damage to honey bee colonies or honey bee equipment caused by bears. The Bear Damage to Livestock program provides compensation for livestock killed or injured by bears. The Ontario government understands that nuisance wildlife can be a serious concern to those producers directly affected. For this reas()Jl,staf!:.<<:>.~the Ontario ~i.IIiStrl'(JL_____ _ Agriculture, Food and Rural Affairs are actively working with the Ministry of Natural Resources and other stakeholders to develop a province-wide strategy for managing nuisance wildlife. Thank you, once again, for bringing council's views on this important matter to my attention. Sincerely, ~N~7 Leona Dombrowsky Minister of Agriculture, Food and Rural Affairs Ministry Headquarters: 1 Stone Road West, Guelph, Ontario N1G 4Y2 Bureau principal du ministere: 1 Stone Road West, Guelph (Ontario) N1G 4Y2 Invite Ontario Home lnvitez l'Ontario chez vous ~I~ \ - } TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. To: Committee of the Whole Prepared By: ADM2005-062 Jennifer Zieleniewski, CAO and Kim Allen, Acting Director of Building/By-law Enforcement Subject: Department: Council Animal Control By-law Administration / By-law Enforcement C.ofW. Date: December 14, 2005 Motion # R.M. File #: Date: RolI#: II BACKGROUND: ~ As part of the Council agenda, a public meeting was held at the Administration Offices on November 16, 2005. The purpose of the public meeting was to solicit comments and input from the public with respect to that portion of the Animal Control By-law dealing with licensing of kennels. A copy of the draft by-law as presented to Council on November 16 is attached. (Attachment 1). Township staff initiated a review of the Animal Control By-law as part of the on-going process of ensuring that Township by-laws comply with new Municipal Act legislation. The main text and Appendices 'A'. 'C' and 'D' of the existing by-law were amended solely to bring the by-law into compliance with new legislation. Appendix 'B' of the Animal Control By-law - 'Regulating and Licensing of Kennels for Breeding and Boarding Dogs' was amended for Council's consideration to recommend an increase to the current licensing fees (Attachment # 2) and bring forward regulations for kennels that would ensure that licenses issued under this by-law are granted to true kennel operations and that such businesses would have no negative impact on surrounding residents. This would necessitate owners who do not fall under the definition of kennel operation and are not in compliance with the Animal Control By-law to make application to Council for exemption to the two dog limit. Several residents of the Township made Council aware of their concerns regarding licensing issues at the November 16 meeting. Council directed that these comments, as well as any others submitted prior to the end of November, be taken into consideration and that staff bring forward a report to address these comments. Written comments were submitted by: Larry and Karen Lynn received November 21 , 2005 Carolyn Smith received November 29, 2005 '2 Kim Leblanc received November 29, 2005 Lester and Rosetta Parry received November 30, 2005 Martine Pepler received November 30, 2005 Jeanalee Kanis received November 30, 2005 John Stanley received November 29, 2005 Joanne Kaplinski received November 30, 2005 Gail Bishop received November 30, 2005. A synopsis of the concerns listed in the above correspondence is attached for Council's information. (Attachment #3) II ANALYSIS: II Staff have reassessed the results of the initial investigation conducted in reviewing Appendix 'B' of the proposed draft Animal Control By-law. The main concerns expressed by residents were the increase in licensing fees for kennels, the maximum number of dogs permitted in each type of kennel and the requirement of proof of rabies vaccination every year. Section 150(9) of the Municipal Act, 2001, S.O. 2001, c. 45 states that "the total amount of fees to be charged for licensing a class of business shall not exceed the costs directly related to the administration and enforcement of the by-law or portion of the by-law of the municipality licensing that class of business. The $200.00 licensing fee suggested for new kennel licenses in the draft by-law is composed of the $75 Building/By-law Inspection Fee, the $75 Fire Inspection Fee and a $50.00 administration charge to cover the OSPCA visit and staff time to issue the license. The $155.00 fee suggested for renewal of kennel licenses in the draft by-law is composed of the $75.00 Building/By- law Inspection Fee, the $75.00 Fire Inspection Fee and a $5.00 administration charge for the issuance of the license. The initial application for a kennel license requires that the By-law Enforcement Department inspect the premises to ensure licensing by-law compliance. Upon further analysis, it is staff's opinion that a Fire Inspection is not necessary for new kennel licensing since Fire Inspection is addressed within the building permit for structures. It is therefore recommended that the "New License" Section of Schedule 'A' of draft By-law No. 2005-119, be amended to reduce the $200.00 fee by the Fire Inspection Fee of $75.00 to $125.00. When a kennel license is being renewed, an inspection by the Building/By-law Enforcement Department is required to ensure compliance with the regulations cited in the by-law. Again, during further analysis it was determined that a Fire Inspection is not necessary. It is therefore recommended that the "Renewal of License" Section of Schedule 'A' of draft By-law No. 2005-119, be amended to reduce the $155.00 fee by the Fire Inspection Fee of $75.00 to $80.00. To address the concerns expressed with respect to the number of dogs permitted and the maximum number of dogs allowed in kennel situations, the surrounding Simcoe County municipalities had been canvassed. The results are attached as Attachment #4. It is recommended that the maximum number of dogs allowed in breeding, boarding and breeding/boarding kennels remain as proposed in the draft Animal Control By-law. - 2 - The draft Animal Control by-law contained no amendments with respect to the requirement for new or renewal licences that proof of rabies vaccination be provided every year. To further address residents' concerns, and to acknowledge the information provided at the public meeting with respect to the necessity of yearly vaccinations and after much discussion, staff recommends to Council that Appendix 'B', Section 1.4.3 be amended to read "Vertification of current rabies vaccination or written verification by a veterinarian of satisfactory rabies protection for all dogs kept or to be kept at the subject kennel for breeding purposes". It should be noted that residents that do not meet the definition of kennel operation and that currently have been issued a kennel license, will continue to qualify for such a license until the need for such a license no longer exists (grandfathering). I RECOMMENDATION(S): II 1. THAT Report No. ADM2005-062 be received and adopted. 2. THAT the correspondence from Larry and Karen Lynn, Carolyn Smith, Kim Leblanc, Lester and Rosetta Parry, Martine Pepler, Jeanalee Kanis, John Stanley, Joanne Kaplinski and Gail Bishop be received. 3. THAT the "New License" Section of Schedule 'A' of draft By-law No. 2005-119, be amended to reduce the $200.00 fee by the Fire Inspection Fee of $75.00 to $125.00. 4. THAT that the "Renewal of License" Section of Schedule 'A' of draft By-law No. 2005-119, be amended to reduce the $155.00 fee by the Fire Inspection Fee of $75.00 to $80.00. 5. THAT the draft "Animal Control" by-law presented on November 16, 2005 Appendix 'B', Section 1.4.3 be amended to read "Verification of current rabies vaccination or written verification by a veterinarian of satisfactory rabies protection for all dogs kept or to be kept at the subject kennel for breeding purposes". 6. THAT the Clerk bring forward the amended by-law for Council's consideration. Respectfully submitted, CX/~. .~ ,. \~ 4,..____._-; . 6enrlifevZie niewski ~f A: . istrative Officer ~ f!!fJ Kim Allen Acting Director of Building/By-law Enforcement - 3 - Legislative Compliance !/'if71f?J.f/rtEA)i I THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-lAW NO. 2005-119 "Animal Control By-law" e~ A By-law to regulate, license and control animals within the Township of Oro-Medonte and to Repeal By-law No. 2002-076 WHEREAS the Livestock, Poultry and Honey Bee Protection Act, R.S.O. 1990, L.24, the Animals for Research Act, R.S.O. 1990, c. A.22, the Pounds Act, R.S.O. c. P.17, the Dog Owners' Liabifity Act, R.S.O. 1990, c. D.16, the Health Protection and Promotion Act. R.S.O. 1990, c. H.7. contain provisions enabiing municipalities to pass By-laws; AND WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001. c.25, as amended, defines spheres of jurisdiction under which a municipality may pass by-laws; AND WHEREAS the spheres of jurisdiction include animals; AND WHEREAS Section 103 of the Municipal Act, 2001, S.O. 2001, c.25. as amended, states that if a municipality passes a by-law regulating or prohibiting with respect to the being at large or trespassing of animals, the municipality may specify procedures and penalties; AND WHEREAS Section 150 of the Municipal Act. 2001, S.O. 2001, c.25, as amended, authorizes a municipality to license, regulate and govern any business carried on within the municipality for the purpose of Health and Safety; AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte deems is advisable to provide for the licensing, regulating and controlling of dogs and to provide for the removal of dog excrement on public or private property within the Township of Oro.Medonte; AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte deems is advisable to regulate and license establishments for the breeding and/or boarding of dogs, within the corporate limits of the Township of Oro-Medonte; AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte deems is advisable to provide for the regulating and prohibiting the keeping of pigeons within the Township of Oro.Medonte; AND WHEREAS the Council of The Corporation of the Township of Oro.Medonte deems is advisable to exercise the authority to regulate and prohibit the keeping of animals; NOW THEREFORE the Council of the Township of Oro.Medonte hereby enacts as follows: 1.0 TITLE: This by.law may be referred to as "The Animal Control By-law". 2.0 DEFINITIONS: 2.1 "Animal" means any member of the animal kingdom of living beings, excluding humans, without limitation. "Animal" shall include mammals, birds and reptiles. 2.2 "Animal Control Officer" includes the persons or Association who has entered into a Contract with The Corporation of the Township of Oro. Medonte to control animals. This includes any employee appointed by the Corporation. 2.3 2.4 removed ~in quality of upbringing asn 2.4 between resulting and in Removed "fur- 2.5 bearing animal" as Fur Farms Act has been 2.6 repealed 2.7 formerly defined as ''Tag'' 2.7 2.8 removed "or registered 2.8 hounds. . personal uses" immediately following 2.9 breeding Removed 2.10 definitions for Leland Residential Lot 2.11 2.12 2.13 2.14 2.15 added the word "Officer" 2.15 "Boarding" shall mean the taking in of dogs for a period of time for capital gains. "Breeding" shall mean the generating of offspring resulting in pure.bred dogs. "Council" means the elected Council of The Corporation of the Township of Oro-Medonte. "Dog" shall mean a male or female canine. over the age of twelve (12) weeks. "Dog Tag" means a marking device issued by The Corporation of the Township of Oro.Medonte, or its authorized agent. "Kennel" means any premises where dogs are boarded or are kept for the purposes of breeding. "License" shall mean a certificate issued by the Township of Oro-Medonte upon compliance to this by-law permitting an owner to operate a Kennel. "Livestock" means animals or poultry, designated as livestock and includes cattle, fur-bearing animals, goats, horses, rabbits, sheep, swine, fowl. ox. "Municipality" means The Corporation of the Township of Oro-Medonte. "aNT. SPCA" shall mean the Ontario Society for the Prevention of Cruelty to Animals or any local branch of the Ontario Humane Society. "Owner" includes an assessed owner, tenant, occupant or any person having an interest whether equitable or legal in the land. "Planner" shall mean the official or employee of the Township charged with the duty of administering the provisions of the Zoning By-laws. "Police Officer" means a police officer as defined by the Police Services Act. 2.16 "Prohibited animal" shall mean birds or reptiles. 2.17 "Pure.bred" shall mean any dog that is registered or eligible for registration with an association incorporated under the Animat Pedigree Act (Canada). 2.18 "Township" shall mean The Corporation of the Township of Oro-Medonte. 2.19 "Under Control" shall mean that when an animal is not on the property where it is usually kept, the animal must be leashed or chained, and must be held securely by the person accompanying the animal and that person must be physically able to control the animal. 3 previously referred to as "Parts" 3.0 APPENDICES: 3.1 Appendix A: Licensing, regulating and controlling dogs. 3.2 Appendix B: Regulating and licensing of kennels for breeding and boarding dogs. 3.3 Appendix C: Regulating and prohibiting the keeping of pigeons. 3.4 Appendix 0: Regulating and prohibiting the keeping of animals. 5.2 Legislative compliance 7.2 added as licensing by-laws expire after 5 years 4.0 SCHEDULES: 4.1 Schedule A: Licensing Fees 4.2 Schedule B: Application for Kennel License 5.0 OFFENCES: 5.1 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, c. P.33, and every such fine is recoverable under the Provincial Offences Act. 5.2 The conviction of an offender upon the breach of any provisions 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 of the Municipal Act, 2001, S.O. 2001. c.25, Section 442, as amended from time to time, shall further apply to any continued or repeated breach of this By. law. 5.3 If any court of competent jurisdiction finds that any of the provisions of this By-law are ultra vires the jurisdiction of Council, or are invalid for a reason, such provision shall be deemed to be severable and shall not invalidate any of the other provisions of the By-law which shall remain in full force and effect. This By.law shall be enforced by the Building/By-law Enforcement Department and/or its Agents. NOTE: Any person may appear before a Justice of the Peace and swear an information charging the owner of an animal with a breach of this by-law. 6.0 REPEAL: 6.1 That By.law No. 2002-076 is hereby repealed in its entirety. 7.0 ENACTMENT: 7.1 That Appendices "A", "B", "C" and "D", and Schedules "A" and "B: attached hereto shall form part of this By-law; 7.2 That this by. law shall expire 60 months after final passing. 7.3 This by.law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS DAY OF ,2005. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF ,2005. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook 2.0 added reference to the period of time that the record shall be retained 3.0 added reference to the expire and become void information 4.0 fee moved 10 Schedule ~g 4.1 changed date to "last day of February" from"2S'h day of February" Appendix "A" ~ 10 By-law No. 2005-119 for The Corporation of Ihe Township of Oro-Medonle LICENSING, REGULATING AND CONTROLLING DOGS 1.0 Every owner of a dog or dogs shall, on or before the 1" day of March in each and every year, or upon becoming the owner of a dog or dogs, register such a dog with The Corporation of the Township of Oro-Medonte and procure a licensing dog tag for each dog owned. 2.0 Every dog tag shall bear the serial number and the year in which it was issued and a record shall be retained by the Township of Oro-Medonte, for the period of time as specified in the Township's Records Retention By-law, showing the name and address of the owner and the serial number of the tag. 3.0 The owner shall keep the dog tag securely fixed on the dog at all times and such tag is non.transferable and shall expire and become void upon the sale, death or other means of disposal or transfer of the dog so registered and licensed. 4.0 The fee charged for the replacement of a lost dog tag shall be as provided for in Schedule "A" of this by-law. Every dog tag issued pursuant to this by-law shall expire on the last day of February, following the year in respect of which it was issued and the license fee paid to The Corporation of the Township of Oro-Medonte at the time of issuing of the dog tag shall be as provided for in Schedule "A" of this by.law. 4.2 No person or persons shall keep a dog or dogs in a single dwelling unit unless each dog has a dog tag issued pursuant to Appendix "A" of this by- law. 4.1 4.3 No person shall, nor shall anyone household own, possess, or harbour, or board, or license more than two (2) dogs unless the person or household holds a valid kennel license issued pursuant to Appendix "B" of this by. law. 5.0 No owner of a dog shall allow the dog to run at large within the limits of the Municipality of the Township of Oro-Medonte. 5.1 For purposes of this section, a dog shall be deemed to be running at large when found elsewhere other than on the property of the owner and not under control of a competent and responsible person. 6.0 No owner of a dog shall allow the dog to howl or bark excessively or otherwise become a nuisance. 7.0 SEIZURE AND IMPOUNDMENT 7.1 Subject to Section 5 of Appendix "A" of this by-law. a Police Officer or an Animal Control Officer may: 7.1.1 Seize and impound any dog found running at large; and 7.1.2 Restore possession of the dog to the owner thereof, where: 7.1.2.1 The owner claims possession of the dog within five (5) days (exclusive of statutory holidays and Sundays) after the date of seizure; and 7.1.2.2 fees moved to Schedule tiAti I \J)I(. 7.1.2.2 The owner pays to the Police Officer or Animal Control Officer a pound fee as provided for in Schedule "A" of this by-law for a dog seized and impounded, plus any costs of the poundkeeper chargeable to The Corporation of the Township of Oro. Medonte. This fee shall increase as provided for in Schedule "A" of this by. law, for each additional occurrence within a calendar year. 7.1.2.3 No dog shall be returned to the owner unless it has been licensed in accordance with the provisions of this by-law and any purchaser of a dog without a dog tag shall obtain a dog tag for the current year before delivery is made. 7.2 Where a dog is impounded, the owner, if know, and whether the dog is claimed from the pound or not, shall be liable for the pound and maintenance fees granted by the ONT. SPCA, and shall pay all fees on demand to the Animal Control Officer. 7.3 Where, at the end of the said five (5) days, possession of the dog has not been restored to the owner under Sub. section 7.1 of Appendix "A" of this by.law, the Animal Control Officer may sell the dog for such price as he/she deems reasonable. 7.4 Where the owner of a dog has not claimed the dog within five (5) days after its seizure under Sub-section 7.1 of Appendix "A" of this by-law, and the dog has not been sold, the Animal Control Officer may kill the dog in a humane manner or otherwise dispose of the dog as he/she sees fit and no damages or compensation shall be recovered on account of its killing or other disposition. 7.5 Where a dog seized under Sub.section 7.1 of Appendix "A" of this by-law, is injured or should be destroyed without delay for humane reasons of safety to persons or animals, the Police Officer or Animal Control Officer may kill the dog in a humane manner as soon after seizure as he/she sees fit without permitting any person to reclaim the dog or without offering it for sale and no damages or compensation shall be recovered on account of its killing. 8.0 Every person who owns, controls or harbours a dog shall immediately remove any excrement left by such dog on public or private lands within the Township of Oro.Medonte, and shall dispose of such excrement in a sanitary manner. 9.0 Notwithstanding Section 1 of Appendix "A" of this by-law, proof that the owner is either a blind person or an otherwise physically disabled person shall constitute a defense to the prosecution of such an offence. 1.4.1 removed U(if available)" 1.4.2 replaced "Humane Society" with QNT. SPGA Moved site plan requirements from 1.4 and 1.5 to 1.6 1.5.1 replaced "Humane Society" with ONT. SPCA 1.6 added "Site Plan Control By-law" 1.7 new section 1.11 changed date to "last day of February" from "28th day of February" 1 .11 removed Late Payment fee and applied conditions under1.12 Appendix uB" to By-law No. 2005-119 for The Corporation of the Township of Oro-Medonte REGULATING AND LICENSING OF KENNELS FOR BREEDING AND BOARDING DOGS 1.0 KENNEL LICENSING 1.1 No person shall own, operate, manage, control, supervise, or have on any property any kennel unless a license has been issued for such kennel by the Township of Oro-Medonte. 1.2 Only the owner of the property upon which the kennel is proposed to be located may apply for and receive a kennel license. 1.3 Every owner who applies for a license shall do so on the form prescribed by this by. law as Schedule "B" of this by-law. 1.4 Every owner applying for a license for breeding purposes shall submit the following documentation: 1.4.1 Copy of active membership in the Canadian Kennel Club or any other Association incorporated under the Animal Pedigree Act (Canada); 1.4.2 A written, up.to-date approval from the aNT. SPCA with any costs involved borne by the applicant; to ensure compliance with this by- law; 1.4.3 Verification of current rabies vaccination for all dogs kept or to be kept at the subject kennel for breeding purposes. 1.5 Every applicant for a kennel license for boarding purposes shall submit the following documentation: 1.5.1 A written, up.to-date appraval from the aNT. SPCA with any cost involved borne by the applicant; to ensure compliance with this by- law; 1.6 Every application for a license shall be approved by the Planner for the Township, in accordance with the Township of Ora.Medonte Zoning By- law and the Site Plan Control By-law. 1.7 All applications for a license and renewal of a license require inspections, by the Township of Ora-Medonte's Fire Department and Building/By-law Enforcement Department or designate. to ensure compliance with all applicable legislative requirements. 1.8 Prior to the issuance of a license. the applicant shall pay a fee as provided for in Schedule "A" of this by-law. 1.9 No person shall be granted a license if such person has been convicted of an offence pertaining to animal cruelty, under the Criminal Code of Canada. 1.10 Any owner issued a license pursuant to this by-law shall apply to the Township of Oro-Medonte to obtain approval for proposed changes to the information contained within Schedule "B" and Section 1.6 of Appendix "B" of this by. law. 1.11 Every license issued pursuant to this by.law shall expire on the last day of February in the year succeeding the date of issue, and every application for renewal of a license shall be finalized on or before the same date. 1 .12 replaces Late Payment fee from 1.11 ~ \ 1.12 In the event that the owner fails to renew a license issued pursuant to this by-law before the expiry date, the owner shall make application for a new license. 1.13 new section 1.13 A license issued pursuant to this by-law is non.transferrable. 2.0 new section 2.0 MAXIMUM NUMBER OF DOGS 2.1 The maximum number of dogs permitted in anyone kennel for which a Breeding Kennel License has been issued shall not exceed 25 dogs. 2.2 The maximum number of dogs permitted in anyone kennel for which a Boarding Kennel License has been issued shall not exceed 50 dogs. 2.3 The maximum number of dogs permitted in anyone kennel for which a Breeding and Boarding Kennel License has been issued shall not exceed 50 dogs. 3.0 CONFINEMENT OF DOGS 3.1 All dogs shall be confined inside the kennel structure during the hours of 11 :00 p.m. to 7:00 a.m. 4.0 REVOCATION OF LICENSE 4.1 Any kennel license application which fails to meet the minimum requirements prescribed herein, shall be refused for reasons of non- compliance with the provisions of this by-law. In the event that a license is refused, the owner has the right to a hearing under the Statutory Powers Procedures Act, R.S.O. 1990. c. S.22, as amended. 4.2 Any license issued under the provisions of this by-law may be revoked prior to expiration for any breach of the provisions of this by-law. in which case the owner shall have the right to a hearing under the Statutory Powers Procedures Act, R.S.O. 1990. c. 8.22. as amended. Removed reference to former Townships Appendix "C" \ to By-law No. 2005-119 for The Corporation of the Township of Ora-Medonte REGULATING AND PROHIBITING THE KEEPING OF PIGEONS 1.0 No personal shall keep or have any pigeons or racing pigeons unless such use conforms with the zoning regulations and subject to Appendix "C" of this by. law. 2.0 Persons may be permitted to keep or have registered racing pigeons, subject to the following conditions: 2.1 The owner shall be a member of a pigeon racing club within the Canadian Racing Pigeon Union. 2.2 An owner must be a member in good standing of a pigeon racing club. 2.3 Racing pigeons shall have a seamless identity band registered to each owner. 2.4 Racing pigeons must always be under control and never permitted to be a nuisance. Flight times will be supervised. 2.5 The loft to be deemed an accessory building of standard construction, and will require a building permit pursuant to zoning regulations to erect the loft. 2.6 The loft position should reasonably be set on the property with due regard to distances from dwellings. 2.7 The loft must be neat, attractive, painted inside and outside, and well maintained hygienically. 2.8 The owner shall restrict the number of pigeons in their possession to forty (40) or fewer provided however that during the months of April to October, this number may be increased to provide for the raising and racing of young pigeons hatched that year. 2.9 The racing pigeons shall be contained in the loft subject to Appendix "C" of this by-law. 2.10 Food provided for racing pigeons shall be contained within the loft. 2.11 The club to which an owner belongs may be notified about any complaints so that steps may be taken to rectify a legitimate problem. If the owner is in conflict with the by-law provisions, failu re to comply will deny him the racing pigeon exemption. 3.0 INSPECTIONS: 3.1 An Animal Control Officer under this by-law: 3.1.1 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 3.1.2 May be accompanied by such other person or persons as they deem necessary to properly carry out their duties under this by-law. 4.0 REMOVAL OF ANIMALS: 4.1 The Animal Control Officer and/or his/her Agents shall be authorized to seize any animals of an owner who has contravened the provisions of this by-law and refuses to remove the animals. Any costs or charges associated with the seizure of such animals shall be charged against the owner of the animals. 2.2 replaced "Humane Society" with ONT.SPCA Appendix "D" e - to By-law No. 2005-119 for The Corporation of the Township of Oro-Medonte REGULATING AND CONTROLLING ANIMALS 1.0 No person shall keep, possess or harbour a Prohibited Animal. on any land within the Township of Oro-Medonte. 2.0 Notwithstanding Section 1, the prohibilion shall not apply to: 2.1 A veterinary hospital; 2.2 An ONT. SPCA shelter or the animal control pound which complies with the Township 01 Oro-Medonte Zoning By-law; 2.3 Any animal being displayed or exhibited for a set period of time in a municipally sanctioned event. which is operated in accordance with Township of Oro-Medonte conditions; 2.4 A bona fide farming operation for the keeping of any callie, horse. goat, sheep, swine or chickens as permitted under the Township of Oro- Medonte Zoning By-law. Combined male or female dog into one line Replacement dog tag fee moved from Appendix and increased by $1.00 Impoundment Fees moved from Appendix New and Renewal fees identified separately New License fees include $50.00 administration fee and 2 inspections at $75.00 each Renewal License fees include $5.00 administration fee and 2 inspections at $75.00 each Removed late payment fee and added provision 1.12 of Appendix "B" Schedule "A" to By-law No. 2005-119 for The Corporation of the Township of Oro-Medonte DOG LICENSING FEES * For one dog (male or female) For one dog spayed or neutered * Replacement dog tag IMPOUNDMENT FEES Pound Fee Pound Fee increase for each additional occurrence within a calendar year KENNEL LICENSING FEES New License Breeding Kennel License Boarding Kennel License Both Breeding and Boarding License Renewal of License Breeding Kennel License Boarding Kennel License * Both Breeding and Boarding License $ 20.00 $15.00 $ 2.00 $ 50.00 Multiples of $ 50.00 $ 200.00 $ 200.00 $ 200.00 $ 155.00 $ 155.00 $ 155.00 Breeding & Boarding identified as type of license Added roll number and municipal address Have included notice regarding the collection of personal information Schedule "B" to By.law No. 2005-119 ~ " \ THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE APPLICATION FOR KENNEL LICENSE This application is a: New Application 0 Renewal o Type of License: Pure.bred Breeding 0 Boarding Breeding and Boarding o o Name of Kennel: Owner: Mailing Address: Postal Code: Telephone Numbers Home: Business: (If more than one Registered Owner with different address, attach a separate sheet) Legal Description of Property on which Kennel is to be operated: Roll Number: 4346. Lot: Concession: Plan: Municipal Address: Kennel will be operated by: o Same as registered owner; or Name: Address: Postal Code: Telephone Numbers Home: Business: If Owner is a Corporation: Name of all Shareholders Address % of Shares Professional Affiliation of Owner (or Operator) Canadian Kennel Club Yes No 0 C.K.C. No.: o Other (specify) Personal information contained on this form is collected pursuant to The Municipal Freedom of Information and Protection of Privacy Act, and will be used for the purpose of the issuance of a kennel license. Questions about this collection should be directed to the Freedom of Information Coordinator, The Corporation of the Township of Oro- Medonte, 148 Line 7 South, Box 100, Oro, Ontario LOL 2XO Added Office Use section Schedule "B" to By-law No. 2005-119 DECLARATION I (we) hereby certify that I (we) have knowledge of the particulars contained in the foregoing statement. and I (we) solemnly affirm that the same are in every respect fully and truly stated to the best of my (our) knowledge and belief, as if made under and by virtue of the Canada Evidence Act and I (we) solemnly affirm that I (we) have not been convicted under the Criminal Code of Canada pertaining to animal cruelty. Dated this the day of ,20_ Applicant Applicant Boarding Kennel Applicants Only: I. , hereby certify on behalf of . a boarding kennel establishment. that dogs kept on our premises and under our watch and care, are not being offered for sale. Date Signature NOTE: Council has the right to refuse any kennel application. I OFFICE USE ONLY: Building/By-law Enforcement Department Inspection/Comments: Date Signature Comments: Fire Department Inspection/Comments: Date Signature Comments: Planning Department Comments: Date Signature Comments: ONT. SPCA: Inspection Received Yes D No D Date Received Personal information contained on this form is collected pursuant to The Municipal Freedom of Information and Protection of Privacy Act, and will be used for the purpose of the issuance of a kennel license. Questions about this collection should be directed to the Freedom of Information Coordinator, The Corporation of the Township of Oro- Medonta, 148 Line 7 South, Box 100, Ora, Ontario LOL 2XO COMPARISON OF CURRENT AND PROPOSED FEES FOR LICENSING OF KENNELS Type of License Current Proposed Fee Fee New License Boardina Kennel $50.00 $125.00 Breeding Kennel $50.00 $125.00 Breedina & Boardina $100.00 $125.00 Renewal of License Boardina Kennel $50.00 $80.00 Breedina Kennel $50.00 $80.00 Breeding & Boarding $50.00 $80.00 " /IJ-r/lc..tffYlt:101 CJ... - I 1h----rI!(JfrvI@J?3 . CONCERNS OF RESIDENTS - KENNEL LICENSING DECEMBER 14, 2005 NAME CONCERN SUGGESTED AMENDMENT BY RESIDENT Larrv and Karen Lynn Own 3 doos - not breedinQ or boardino Maintain existinq kennel license Need of farmers to own multiple guard Classification of kennel license dogs for predator control for dogs housed for predation control Carolyn Smith . Bv-Iaw won't restrict new kennels . Increase in license fees . Number of kennels By-law should stipulate number of kennels in townshio . Restriction of number of dogs allowed under kennel license (restricts oeneration of income) . Annual fire inSoections . Proof of affiliation with CKC or other association ... . Kim Leblanc . Dog running at large Hunting dogs should be excluded . Breeding kennels not a business. . Other businesses licensed? Fees could be lower. . Boarding stables and beef farmers regulated, licensed, inspected? . Accreditation held by OSPCA? Veterinarian more qualified to . Legality of non.governmental comment on animal welfare. agency approval for license? . Infectious diseases carried into kennel by inspectors. . Purpose of inspection of kennel building? Why annual inspections? . Why fire inspection? How many fires over last 5 years? . Limit on number of dogs restrictive to quality breeding program. . Cats licensed in township? Catteries? . No criteria re. kennel structure. Confining dogs inside structure for long periods increases likelihood of soread of disease Lester and Rosetta Parry Number of dogs boarded should not be restricted. Request confirmation of "grandfathering" of currently licensed kennels. Jeanalee Kanis Kennel owners who wish to retire and do not wish to part with dogs. Request confirmation of exemption if retire. . f~ " . NAME CONCERN SUGGESTED AMENDMENT BY RESIDENT John Stanley . Cash grab by Council. Increase in $50.00 fee should be raised to fees absurd. $75.00 . Two inspections a year not needed . Object to OSPCA staff inspection. Suggest one inspection every 3 May be carrying virus and infect years. kennel. . Vaccination for rabies not necessary. Vets have suggested dogs over 2 years old do not require rabies shot. . Tone of letter suggests few channes to be made Joanne Kaplinski . Persecution of dog fanciers. No Request Council form ad hoc restrictions/licensing requirements committee. to address cat owners, horse, owners, boarding/riding stable operators and animal "collectors". Reactive law. . "breeding" should not be limited to oure-bred. . "prohibited animal" should include exotics . Maximum number of dogs without Should be re-assessed license . Impoundment Should include that a reasonable attempt be made to locate the owner. . Rabies vaccination Include or letter of exemption from veterinarian . Inspections once a year suoerfluous . Licenses should be transferable . Maximum number of dogs for Should be re-assessed kennels is arbitrarv . License fee Should remain at $50.00 with inspections by complaint; should be discounted to encourage micro-chipping of does. Gail Bishop . Targeted as only business in Oro. Medonte that requires license to operate, . License fee is a 55% increase. . 50 dog maximum limit severely restrictive to abilitv to earn livine. . Inspections as a health issue for carrvina diseases. . By-law limiting and goes against free enterprise. . Larry and Karen Lynn Lot18&19 5640 Line 5 North, RR#l Midland, Ontario 705835-2310 November 17,2005 Mr. Neil Craig, Mayor, and Council Members Township of Oro-Medonte Box 100 Oro, Ontario LOL 2X0 Dear Mr. Mayor and Council Members: In regard to our conversation Mr. Mayor on Wednesday aftemoon November 16, we wish to further address our concems of retaining our kennel license with respect to our specific situation. We own three purebred dogs and have had a kennel license issued by the former Township of Medonte since January 1991. Our interests are in the Newfoundland dog breed and are current members of the "Newfoundland Dog Club of Canada". Our dogs reside in our household. At present, we do not have a kennel facility and the dogs we own are not breeding dogs. Enclosed is a letter from the Township of Oro-Medonte dated February 1994 that allowed us to retain our kennel license with respect to our situation under Oro- Medonte Bylaw 94-37. We were also issued our license under Animal Control Bylaw 2002-76. Our wish is to maintain our kennel license under the new Animal Control Bylaw 2005-119 for three purebred dogs with respect to our situation as outlined in this letter. Another issue to do with the Animal Control Bylaw that we would like council to consider is a classification of kennel license to cover the situation for the need of farmers to own multiple guard dogs for predator control. These dogs are housed with the livestock day and night in a pasture and bamyard environment. As farmers ourselves, with recent predator losses we can appreciate the valuable seNice that guard dogs could provide to livestock farmers. Thank you for your consideration. ~ve- ~~~ 61-- Larry and Karen Lynn 'N~V. ><;": . .... '1'JffiOORPORA'nONOFTfIE . '. ,-"-,,.'><.,.;.7,,:: .. t Mayor Robed E. Drury noputy Maynr l.n Beord R~Ye Dnvid Caldwoll ..' I I 1 { ! j)"puty R..~" Nonnan Dalziel Coondll"... Dnnidd nilll A1istnit. Cia"".fQi:"u Joanoo Ctokro:n Waller J))'c.kic Muiiav"Ma~n L~~n'na~d Mnft:mn ", . February 16, 1994 Mrs. Karlim Lynn, R. R. #1, Midland, ON L4R 4K3 Dear Mrs. Lynn: ,. , .. , ,- . ., ".. . ,. " ..:-...'.::::';;,",. "'-'::--:.'",''' Further 'to our conversation of this morning please find attached a renewal form for a 1994 Kennel License. The total cost is $25.00. The former Nedonte council policy of allowing a kennel license for registering three purebred dogs remaiOlii intaot and is not affected by the neworo-Medonte~ylaw 94-37. Yours truly, f~//A , Ronald M. Kolbe, CBCO Chief Building Official/Chief Bylaw Officer RMI<:md co: Ian Beard, Deputy Mayor , , I , ! ! ! I , i' ! , flax j Oli. Om, Ontario Uil2XO li<1ep[wne (705) 487-217 [ FilX (705) 4$fl~oj3...i RECE'" tU l\a~ 1 ~ 1~~~ OON't:. ORO-tJlt:. f' ,OWN5H\ Mayor & Council, The new kennel legislation planned for Oro- Medonte Township is flawed and definitely needs to be revisited and revised by council before even considering the option that this item should be passed by this counciL I, Carolyn Smith, have had a kennel license within this current township since 1972. Long before most of this council even considered sitting in their present positions. I strongly object to the proposed revisions based on the fact that this proposed by-law won't restrict new kennels from applying for licenses but will gravely effect the ones that have been operating in this township for many years. Sorry but after having paid for a license for over 30 something years without an issue I think I deserve a little more consideration than the "new kids on the block". I also strenuously object to the increases in license fees. My issue is that the proposed revisions are based, by this council, on the fact that all kennels are creating income that the council should share. In actual fact commercial breeding kennels and boarding kennels are generating an income but non- commercial or occasional breeders as myself are definitely not. The last litter born here was 3 years ago and in the meantime I have had vet bills and food bills that are definitely keeping me in the red ink category. But because of the number I maintain I need to renew every year and am not making the $155.00 income that this council is proposing I pay for the next license. If the purpose of this new by-law is to control the number of kennels in this township then the by-law should stipulate that there will be no new licenses issued as of this particular date. This would ensure that there are no new "puppy mills" that are showing up in townships like Vaughan. There are townships that currently have those restrictions in place and only allow new ones when others move or retire or don't renew. This proposed by-law intends to restrict numbers of dogs allowed for both breeding kennels and boarding kennels. This is not an issue for myself for the breeding end of things but I truly believe that there is a constitutional issue with restricting a person's opportunity to generate more income. The boarding limit is a problem. As a suggestion and maybe a bit of education there are limited opportunities for folks running these facilities to make an income. It is a weekend or holiday thing when people travel and are looking for a spot for their pets when they are trying to traveL And the boarding kennels should not have to restrict the number of potential paying clients on the few opportunities that they have to make that income. And if this legislation were to be implemented then most of the boarding kennels in this township would have to turn prospective clients away because they were full on major weekends or Christmas. That would mean that this township would need to consider the fact that there might be a whole new list of applications for new boarding kennel licenses to cover the overflow. Kill an existing income but create a whole new list of kennels that are not going to be able to survive based on the proposed restricted boarding kennel numbers. Not a well devised plan. The suggestion that kennels should under go annual fire inspections and kennel inspections is quite simply a proposed invasion of privacy and also possibly a constitutional issue. Currently there is no legislation in place in this township for regular flTe inspections of people residences. If there is nothing in place for any other livestock inspections and this council wants all kennel owners to be able to identify themselves as members of the Canadian Kennel Club and all their animals are registered under the Federal Animal & Livestock Act then I would believe that this council is overstepping their bounds with this proposal. The issues that this council wants to address with this proposal need to be identified specifically. This proposed by-law is not going to solve many issues and will definitely alienate members of this township that have been a non-issue and maintaining their respective kennels licenses for a number of years. If there is any way that I can be of assistance with the wording of this new by-law I am more than willing to help council formulate something that would be effective and appropriate. Carolyn Smith 951 - 7th Line South R.R. # I Oro Station ':'VIV . Meadowlands Kennels 487- 2346 /~ /)' ~/_Ak''/.. _/:': ~b/' / Sg{O~SIXJ;g{g{~LS ~terea since 1973 November 29,2005 Mayor & Council members The Corporation of the Township of Oro-Medonte 148 Line 7 S, Box 100 Oro, ON LOL 2XO Dear Mayor and Council Members: Re: The amendment of By-law No. 20025-076 Please find attached hereto my comments, concerns and suggestions regarding the proposed bylaw. 1 would be delighted to work with council, the township staff and the other stakeholders to craft a bylaw that is both enforceable and agreeable to all parties. Below are the names of two other interested kennel owners who would like to be included in this process. Mr. Morley Thornton - RR1, (5450), Orillia, ON L3V 6H1 325-0472 Mrs. Kim MacDonald - 1897 Line IN, RR2, Shanty Bay, ON LOL 1LO 727-1058 Sincerely Kim Leblanc Life Member, Canadian Kennel Club Resident of Oro-Medonte since 1975 3990 Line 7 iJ\f.:, 1{1{4, Cord water, Q9{,ilY1(lW 705-835-5912 PHONE 705-835-9935 FAX vrc@svmpatico.ca Email (1) Township of Oro-Medonte By-law No. 2005-119 "Animal Control Bylaw" Appendix "A" 5.0 No owner of a dog shall allow the dog to run at large within the limits of the Municipality of the Township of Oro-Medonte. 5.1 For the purposes of this section, a dog shall be deemed to be running at large when found elsewhere other than on the property of the owner and not under control of a competent and responsible person. Comments & Concerns 1. Please see the sample section of a bylaw I have enclosed. 2. Many of our residents are avid sportsmen using their dogs to hunt and retrieve game. These dogs would not be on the property of the owner in many cases while hunting or retrieving game. This bylaw as it is written appears to put them in violation. 3. In many rural townships, the purpose of the licensing fee was initiated to help pay for livestock lost by local fanners to rogue loose dogs and coyotes. Suffice it to say that the amount of time and money, forget the emotional commitment, that breeders have invested in their dogs makes it unlikely that one of their dogs is loose. Appendix "B" Regulating and Licensing of Kennels for Breeding and Boarding Dogs 1.0 Kennel Licensing Concerns & Comments 1. After speaking to Ms. Marilyn Pennycook on Nov. 29, 2005, I have come to understand that kennels are being licensed as a "business". On what basis was it established that a breeding kennel was a business? Most breeding kennels lose money, which we all know is not a business practice. 2. What other businesses are licensed in our township? At what fee rate? (2) 3. There are many boarding stables in this township are they regulated? Licensed? Inspected? Most boarding stables are in business to make a profit. 4. What about beef fanners? The ones I know raise cattle for a living therefore it's a business. Are they regulated? Licensed? Inspected? Under 1.4 requirements for applying for a license for breeding purposes: Section "1.4.2 A written, up-to-date approval from the Ont. SPCA with any costs involved borne by the applicant; to ensure compliance with this bylaw:" Concerns & Comments: 1. What accreditation or education is required of the staff by the Ont. SPCA to qualify them for their job? 2. Do they have special training that makes them experts in animal care and housing? 3. Is it legal to require that an arms length third party (non government) be used to give an approval for a fee to comply with a municipal bylaw? 4. Under the authority of the OSPCA Act the OSPCA inspector can only enter your property if they have a search warrant. Without a warrant the inspector must observe an animal in immediate distress to enter. One of the provisos for an inspector to remove an animal from your property is "if a veterinarian has examined the animal and advised in writing that the health and well being of the animal necessitates it's removal." This suggests to me that a veterinarian is more qualified to comment on an animal's welfare and housing then an inspector for the OSPCA. What is the reasoning behind limiting this inspection to a less qualified individual? 5. Is the township prepared to guarantee that the OSPCA inspector will not bring infectious diseases to my kennel? After all they work with animals that have been abandoned, mistreated and rescued from all manner of locations. Section "1.7 All applications for a license and renewal of a license require inspections, by the Township of Oro-Medonte's Fire Department and BuildinglBy-law Enforcement Department or designate, to ensure compliance with all applicable legislative requirements." (3) Concerns & Comments 1. If I have erected a building for which I had a building permit and I have been granted occupancy what is the purpose of this inspection? 2. I called the township office and spoke to Mr. Bruce Hoppe last week and was informed that to the best of his knowledge there are no set criteria for kennel buildings or premises. I questioned how the construction of buildings that house animals are governed and I was informed, "under the building code". If this is true, why do we need annual inspections? 3. Annual inspections of my dog premises. What if I do not have a structure? What then is the reason for the inspection? Is the township insured to cover these inspections? 4. Why fire inspections on kennel structures? How many kennel fires have there been over the past 5 years versus barn fires? 5. Will a bylaw enforcement officer be touring all the kennels? Will that same bylaw enforcement officer be able to guarantee me that he will not bring infectious diseases to my kennel? Will the township be prepared to cover the cost of veterinarian bills and livestock losses should any of my valuable breeding stock perish from an infectious disease brought to my premises by their staff? 2.0 Maximum Number of Dogs 2.1 The maximum number of dogs permitted in anyone kennel for which a Breeding Kennel License has been issued shall not exceed 25 dogs. Comments and Concerns 1. Some breeds have very small litters (e.g. Pekinese) and require minimal space by the very nature of their size. A limit of 25 dogs here is probably a lofty limit. 2. Other breeds used for hunting or sled dog racing need a succession program to replace aging or injured stock. Many of these breeds have large litters of 6 to 10 puppies. A limit of 25 dogs in this case is very restrictive to a quality, breeding program. (4) 3. Why are we targeting dog kennels? Are cats licensed in this township? What about catteries? 2.2 The maximum number of dogs permitted in anyone kennel for which a Boarding Kennel License has been issued shall not exceed 50 dogs. And 2.3 The maximum number of dogs permitted in anyone kennel for which a Boarding Kennel License has been issued shall not exceed 50 dogs. Comments & Concerns 1. Do we restrict the amount of money businesses are able to generate in this township? 2. Are all other businesses licensed in this township? 3. Perhaps if all businesses were licensed in this township the fees could be much lower for all and the income for the township would be much greater. 3.0 Confinement of Dogs 3.1 All dogs shall be confined inside the kennel structure during the hours of 11:00 p.m. to 7:00 a.m. Comments & Concerns 1. According to information 1 gathered from staff there is no criterion for a kennel structure. If there is no structure how is this part of the bylaw enforceable? 2. This bylaw contains nothing denoting structure requirements. 3. Confining dogs inside a structure for long periods of time increases the likelihood of the spread of disease and reduces the amount of fresh air and exercise they receive. of all breeding premises and kennels where dogs are kept or '~ th~ minimum standards of animal care set out in A Code of Practice for Canadian Kennel Operations, published by the Canadian Veterinary Medical Association. as revised from time to time. or; (b) in the case of places in which sled dogs are kept or housed, the o"mers and operators of such places shall meet the minimum standards set out in the Mush with P.R.l.D.E. Sled Dog Care Guidelines, as revised from time to time; meet the standards as set out by the Corporation of the Township of Joly By- all allow their dog to be on a public road or in a public place at any time unless the dog is on a leash and such leash is held onto by a responsible person. Any person in control a team of dogs pulling a sled shall be deemed to comply with this section. (c) Not withstanding the provisions of section (b) no dog shall be allowed at any time in any area designated as a public swimming area. (d) Any owner of a dog who allows it to run at large illy of an offence and is liable to fines set out in Schedule "A", exclusive of costs and recoverable under the Provincial Offences Act. (e) Every dog found running at large contr with or without a tag, may be seized by agent and impounded. Where a dog is i be liable for the pound fee as levied by claimed from the pound or not. sions of this By-law, orcement officer or their owner, if known, shall er whether the dog is Enforce fine as set out in Sche (g) \\lbere a dog has been injur should be destroyed for h By-law Enforcement Offi manner as soon after sel reclaim the dog or witho compensations shall be The Royal Pets Dotel 2072 Line 3 North R.R. #1 Shanty Bay, Ontario LOL 2LO 1: ' November 28, 2005 /<c~;,\ "_'""':''i~Y \ .~/ "x,~\j"''''\ ,-,,",,"" \\ <ii\~'\J" ,,\ ~ .c,'" \ '!0"'" 0"" v > 'I" <,,0 .,.y./ _ '"~\'V <:>~':/ \ ~o ~..;,~/ 0"\9/ ..// Mr. Neil Craig, Mayor and Council Township of Oro-Medonte 148 Line 7 South Oro, ON LOL 2XO Dear Sirs and Madams: Re: Animal Control Bv-Law No. 2005-119 I am writing to object to the application of Section 2.0 of By-Law No. 2005-119, "A By- law to regulate, license and control animals within the Township of Oro-Medonte," applying to the operation of The Royal Pets Hotel. My wife and I are the principal shareholders of The Royal Pets Hotel Limited which owns The Royal Pets Hotel, a cat and dog boarding kennels. We have been established here since 1981 and we operate a first-class facility for the accommodation of pets. We attended the public meeting which was held on the evening of Wednesday, November 16, 2005. We are writing this letter in response to your recommendation that interested parties should write with respect to their concerns to the proposed changes in the above by-law. Our primary concern is that the number of animals which we board here should remain the same and not be limited by the new by-law. We have 26 units available for cats and 64 units available for dogs: each unit is designed to encompass up to 4 pets from one family, but the average occupancy per unit is normally far less than this. We spoke to Mr. Bruce Hoppe, Director of Planning, just before the meeting and he assured us that it was not Council's intention to limit boarding to 50 dogs in respect of premises such as our own, since we would benefit from the so-called "grand-parenting" status. This viewpoint was confirmed by conversations we had just after the meeting with two other municipal officers and Mrs. Ruth Fountain, Ward 5 Councillor, and Mr. Harry Hughes, Deputy Mayor. ~> Mr. Neil Craig, Mayor and Council Township of Oro-Medonte - 2- November 28, 2005 Would you please confirm that By-law No. 2005-119 will be amended to provide for an exemption or exception for the operation of The Royal Pets Hotel from the provisions of section 2.0 thereof. We would appreciate receiving a copy of any proposed amendments to the by-law, which would accommodate our concerns. 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IQeJ ki~ . . .:;;f.......... .. r);;~tlj;]lu~-_- Page 1 of Marilyn pennycook From: Jeanalee Kanis [giantschnauzer@sympatico.caj Sent: Wednesday, November 30. 2005 1 :58 PM To: Marilyn pennycook Subject: Mayor & Members of Council of Oro'Medonte - Licensing of Dogs and Kennels November 30. 2005. Mayor & Council of Oro-Medonte: In respect to "dog legislation - by-law:" Does the township realize the emotional stress they are placing on owners of more than two dogs? When we were part of Orillia Township, we were told we could own more than two dogs and that when boundaries changed, we could continue to own dogs as long as they were licensed and under owner's control. Dogs are often the comfort zone for people who love them as part of their family and to expect someone to give up a beloved member of their family because they have more than two is unfair. I agree they should require a licence and kept under control of the owner. People wishing to move into the area would possibly be forced to go elsewhere; if they where not aware of your by law, they would be expected to part with a family member. Trust me, dogs are family members to those who love them. Should a kennel owner who wishes to retire and owns more than two dogs at that time and does not wish to part with them be forced to do so? We were planning on retiring in a couple of years and would not part with dogs we have; so would we be exempt and granted an exception to this by law or do we have to keep a kennel licence until such time numbers are down to two? If we would be granted such an exception, I would appreciate this in writing at this time. Reply requested. Thank you, Jeanalee Kanis 1 1 n.nr>nn" Animal Page 1 . ,. Marilyn Pennycook From: Harold Daynard Sent: Wednesday, November 30, 2005 3:07 PM To: Jennifer Zieleniewski; Marilyn pennycook Subject: FW: Animal Control By-law re Dog Kennels From: Stanley, John (JUS) (mailto:John.Stanley@jus,gov.on.ca] Sent: Tue 11/29/2005 2:23 PM To: Harold Daynard Subject: Animal Control By-law re Dog Kennels Attention Chief Administrative Officer Jennifer Zielenlewski Silverstreem Kennels 5450 Hwy II South, R.R. # I OriIlia, ON LV 6HI November 27th, 2005 Re: proposed recommendations on changes to Schedule "B" of the Animal Control By-law - Regulating and Licensing of Kennels for Breeding and Boarding Dogs re meeting held at the Township of Oro-Medonte on November 16th, 2005. Some Opinions..... This appears to be a blatant cash grab by the counsel. The huge increase in licensing fees is absurd. Why should small kennel owners be lumped in with large operations. What and whose current inspection fee guide lines are you using. What size municipality are you comparing with? The $50.00 fee could have been raised to $75.00 which would have been reasonable. Two inspections a year - not needed. Why is our kennel required to be inspected by the fire department? Does the fire marshal inspect every house that is built. Are not children just as important as animals. These kennels that were built had to pass all the building code regulations and inspections in order to operate as a kennel. One inspection by Ontario SPCA. We object most strongly to OSPCA staff coming in . Most reputable breeders are not operating pupp: mills. These inspectors could come in from any location where they might have been doing OSPCA work, carrying a virus on their shoes and clothes and infect your kennel. We do not wanl to see a lifetimes work go down the drain because of other peoples carelessness. Diseases can be spread very easily especially Parvo. If that comes in you would lose your kennel overnight and that is a fact. We would suggest one inspection every three years by a township by- law officer is all that is required. It is not necessary for dogs kept in small breeding kennels that they be vaccinated for Rabies. It is a proven factor that veterinarians have suggested that dogs over two years of age do nol require a rabies shot. The majority of Dog breeding kennels and boarding kennel: are run by law abiding citizens who have the dogs best interests at heart. There was also a suggestion, on record, by the Mayor that an ad hoc committee be formed including residents of Oro-Medonte Township who had a vested interesl in these by-law amendments to further investigate the proposals that the residents brought up. In your letter we see no mention of that whatsoever! We feel that these proposals still need further discussion for them to be fair and equitable for the small kennel owner. The tone of 11/"^V"H,AC Animal Control By-law re Dog Kennels Page 2 of: ~ , today's letter that you sent suggests that there will be very few changes made from the original proposed draft - not very fair. Respectfully submitted Silverstreem Kennels - (licensed for 30 years) Morley Thornton John Stanley John R. Stanley Ministry of the Attorney General Ministry of Community Safety and Correctional Services Facilities Management Branch Operational services, Orillia Phone: (705) 329-6800 Fax: (705) 329.6824 E-mail: john.stanley@jus.gov.on.ca 1 1 nnr>(\(),\ ARKBARK KENNELS c.K.e. REG'D 2097 LINE 6 NORTH R.R. # 1 ORO STATION ONTARIO LOL 2EO 705487-3736 November 30, 2005 The Corporation of the Township ofOro-Medonte 148 Line 7 S., Box 100, Oro Ontario LOL 2XO His Worship and Honourable Members of Council: Pursuant to the public meeting of November 16,2005 and a letter dated November 24, 2005 issued by J. Zieleniewski C.A.O., please find herewith my written submissions supplementary to my oral submissions of November 16, 2005 on the matter of the proposed By-Law # 2005-119 "Animal Control By-Law". I have been a resident of Oro Township since 1983 and have bred and exhibited C.K.e. registered English Springer Spaniels since 1991. I operate a small scale, select breeding program and usually maintain between two to five dogs of varying stages from puppy to breeding stock to pensioners. I also on occasion rescue, rehabilitate, re-socialise and re-home dogs which have fallen into unfortunate circumstances. I have hred only three litters of puppies in fourteen years, yielding a total of 17 puppies, half of which I have kept for my own exhibition and preservation of my bloodline. I am NOT a "business" as suggested in your letter of Nov. 24105. I am a dog fancier engaged in the hobby of exhibiting and on occasion breeding top quality sporting dogs and personal companion animals. My dogs have won numerous conformation and obedience awards and some are engaged in bringing joy, unconditional love and healing to the less fortunate as pet therapy dogs. I have never yet made a profit on any of my litters. I consider it great fortune if I manage to break even. I work full-time at a non-canine related occupation to support my canine hobby and my dogs live in my house with me as cherished members of my family. While I am away at work my dogs are housed in a bright, heated/cooled kennel building with indoor/outdoor runs, dry-deck flooring and music. I am NOT a "puppy mill." I take exception to the proposed By-Law 2005-119 and the accompanying unreasonable restrictions and unnecessarily bloated annual licensing fees. This By-Law represents a single-minded persecution of dog fanciers to the exclusion of all else. No restrictions/licensing requirements are included to address cat owners, horse owners, boarding/riding stable operators and animal "collectors" who harbour several species (birds, goats, donkeys, etc.) often in filth and squalor or even exotics such as large cats - a recent livestock killing in Oro-Medonte was attributed to a cougar alleged to have escaped from a private collector. This By-Law can at the most charitable interpretation be viewed as reactive law designed to prevent the dreaded puppy mills, an inadequate bureaucratic afterthought to hastily comply with Municipal Act legislation or at worst a punitive attack on responsible dog owners. Puppy mill operators will not register their kennels with the township or comply with By-law requirements/restrictions/inspections. They operate clandestinely and do not want you to know they exist. The Township is targeting the wrong people with this proposed By-law. Reactive law is generally bad law in that it is most often ill thought out, without the consultation/input of experts and hastily drafted, often by people who have little or no knowledge of the intricacies of the matter at hand. Overly restrictive laws have the opposite effect of driving people underground and making scoff- laws of them and at the end of the day it is ultimately the dogs who will be made to suffer in silence. I implore your Worship and the Honourable Members of Council to create an ad-hoc committee and draw upon the expertise of the decades of years of experience offered to you by those concerned who attended the public meeting. You have the opportunity to benefit from members of the Canadian Kennel Club executive, internationally recognised conformation judges, professional boardingibreeding kennel operators, veterinarians and a host of others concerned with the welfare of dogs and good canine citizenship. To this end, I would be more than pleased to assist Council as part of this committee, however, should Council elect to not avail themselves of the expertise offered by various members of the community, I include herewith a clause-by-clause critique for your consideration: 2.4 The defmition of "breeding" should not be limited to "pure-bred". Mutts such as Cock-a-Poo's, Golden-Doodles etc. are popular "products" for puppy mills. These dogs cannot be registered as "pure- bred" but are often sold by unscrupulous breeders as such. 2.16 "Prohibited Animal" should be expanded to include exotics such as cougars, lions etc. 4.3 The limit on the number of dogs should be re-assessed. It may well be reasonable to place a limit of2 dogs in a densely populated residential subdivision (The City Barrie has a limit of 3) however, I question the appropriateness of such an arbitrary restriction on residents of farms and larger land holdings. People move to rural areas to engage in rural pursuits - one such pursuit is the keeping of dogs and engaging in dog sports. It is umeasonable to apply urban sentiments to rural lifestyles. There needs to be some middle-ground that recognises the rights uf individuals to own dogs and engage in country pursuits and balances the rights of other residents. 7.5 This section should include that a reasonable attempt be made to locate the owner it would be a travesty if someone's beloved pet slipped it's collar and tags and was for example, hit by a car, receiving minor injuries but was disposed of without any attempt or opportunity for the owner to be found. 1.4.3 Rabies vaccinations are good for three years, and as such there should he provision for proof of vaccination within a three-year period. Also, a letter of exemption from a veterinarian should be acceptable if it is not in the best interests of the dog to be vaccinated. 1. 7 Breeding kennels should not be subject to renewal inspections annually if operated on a small scale. It is reasonable to inspect large-scale public boarding kennels for safety and care, but it is superfluous to inspect someone who keeps only a few dogs in their homes. 1.13 Licenses should be transferable. It is umeasonable and illogical to impose legislation requiring people to build kennels for boarding I breeding which requires significant capital investment, consider those operations to be "businesses" requiring licensing and inspections, and yet fetter the "business" operator's ability to sell his investment as a viable business operation at some point in the future. 2.1 The maximum number of dogs is arbitrary and should be re-assessed to take into consideration the needs of sled racing kennels and other dog sports that require numerous dogs at varying ages and stages of training. 2.2 The maximum number of dogs is arbitrary and poses an umeasonable restriction on a "business" to generate income. Schedule "A" Breeding Kennel license renewal should remain at $ 50.00 without the annual inspection or be pro-rated to recognise the smaller breeding kennel e.g. 3 - 10 dogs. Annual inspections are for the most part unnecessary for most breeders. It may be reasonable for a complaint to generate an inspection, the $ 75.00 fee levied against the kennel owner with a subsequent follow-up inspection to ensure compliance. Inspections must take into consideration that the breeding kennel operator usually is employed and must occur during reasonable hours. . ' Licensing fees should be discounted to encourage micro-chipping of dogs. This is a tremendous aid in identification and rescue. e.g. $ 20.00 for an intact doglbitch reduced to $ 15.00 for one that is micro-chipped. Your Worship and Honourable Members of Council, you have before you now an opportunity to not just ape the by-laws of other municipalities, but to show innovation and leadership in drafting legislation that is balanced, reasonable, just and above-all humane to both dogs and the people who love them. oanne Kaplinski Nov. 30th, 2005 The Corporation of the Township of Oro-Medonte, 148 Line 7 S., Box 100, Oro, Ont. LOL 2XO Attn: Mayor and Members of Council Dear Members of the Council: Re: Proposed By-Law No. 2005-119 "Animal Control By-Law" I appreciated the opportunity afforded myself and others in the Township to express our concerns regarding this amendment. As the owner of a boarding kennel, which has always abided by the by-laws, I am concerned that we are being targeted as the only business in the Township that requires a license to operate. How many child day-cares operate in Oro-Medonte with no license, and no inspection? I suggest that this would be a more beneficial and important area to look at instead of the kennel (breedingfboarding) people who have a lot tied up in their dogs and facility both in dollars and emotional attachment, and try to do the best for our animals. There are many locations in the Township that keep other species for show and breeding they require no license. Although they do not call it boarding, how many farms have cattle, horses, etc at their locations that are not owned by them? They are taking monies for caring for them, this is boarding is it not? Do they need a license? It would seem that the canine business is being targeted for no apparent reason. The License fee of $155.00, in my case is a 55% increase. If I raised my fees by 55%, I would loose clients, as they could not afford to kennel their pet. This would put me out of business. How is this encouraging small business in our community? I already pay commercial property tax, which is a substantial amount; then to have a 55% increase for a kennel license seems to be just a money grab. The proposed 50 dog limit severely restricts my ability to earn a living. My boarding/grooming is my sole source of income, I do not work outside the kennel, nor do I have a spouse who brings in an income. I presently have 10 dogs of my own. Some are old and living out their lives. Others are currently in the breeding program and being shown. Still others are the young up and coming dogs that are not ready to show or breed. This would, under the proposed by-law limit me to 40 boarding dogs. One can not operate a business and make a reasonable income if you take into consideration the commercial taxes, insurance, veterinary fees and the ever rising operating and upkeep expenses if there is a limited put on our ability to make an income. A license has been issued to permit a business, there should be no restriction on the amount of business we do. You would not limit the number of travel trailers a dealer can have at his location, or the number he can sell. Why is this happening with kennels? If there is a concern about over crowding, that is an issue for the Humane Society. Concerning the inspections proposed, I do not allow persons in my facility if they have been visiting other locations without a complete change of clothing and footwear. This applies to anyone, as it is a health issue and they could unknowingly contaminate my premises and the dogs housed here if they have previously been to another location that has a possible health issue, either known or unknown. I will not under any circumstance put animals in my care at that risk. I would suggest that if the present by-laws were enforced, they would do a fine job for us. People who have show and breeding dogs are not the ones allowing their dogs to run loose; we value them far too much. If there is a particular problem with anyone operation, that is the one that should be addressed. Please don't make it any harder for ~e legitimate business person to make a living then it already is. I know that if you look at the proposed by-law from a business view point, you will see that it is limiting, and certainly goes against free enterprise. We are not getting rich doing this work, but we do enjoy it. What more can one ask? Thank you Gail Bishop Orovale Kennels 336 5th Line N. R.R.#l, Oro Station, ant. LOL 2EO ~uflicipajjtyT#oiD'<>9.s.J>erll1itted j. . #of Da~llJ3erI<ElnflElI Currently' Currently ....t........................... ..-.. ........-..-- , ! Hobby Breeder - 7 dogs Adjala-Tosorontio I 3 iCiassi(breeding) - 20 dogs""---' i i Class 2 (boardirig/training) - 30 dogs ___n_''_"'''_''' ___ __ __" r"m_m.,,_nu-- '_'m.._'.'__'~'m'_'_'__,_,__,~,~~,__ :~::=e-~~~==j : ......... ... ~l::~:::h:g~~a:::~~t~~:~~;:ln~~~'.. Innisfil 2 Ramara 3 (plus up to 3 additional dogs for precliltorprotection) .. No limited specified (however higher licensing fees for 3rd dog & 4th or more Severn Oro-Medonte 2 tJjul1h:ipality . F'r()posed .#()f[)09sF'ermiUed 2 INoisp~cified Not specified I , i Not specified ___J.".Mn__ ! Not specified _1______".".,_...._._.________________________ F'r()p()sElcl # af D09ll..perl<ennel.. ..".... Breeding - 25 dog~....__......_. Boarding - 50 dog..s_......_ ..,..,._., ....... BreedinQ/Boarding - 50 dogs Maximum # of Kennels permitted" ~_.._..C;lJrre.l1tly .................... Not specified Not specified 25 at anyone time Not specified Not specified Not specified .... . Not spedfied Proposed ~",~xjiii'lii1if~fi<.e:rJ:~~T~jJ~iiiiil~elI Not specified ~ ~ ~ .,.) ~ ~ '\ .~ \s;-\~\ Dept, Report No. To: Prepared By: PR2005-13 Committee of the Whole Chris Carter Subject: Department: Council Request to Increase Ice Parks and Recreation Rental Rates C.ofW. Date: December 14, 2005 Motion # R.M. File #: Date: RolI#: TOWNSHIP OF ORO-MEDONTE REPORT II BACKGROUND: II Council has requested an update with respect to the Township rental rates. Rental rates were last reviewed in 2003. The Treasurer was requested to assist in preparing a report with respect to the Township rental rates. The following are his calculations of the "Net Annual Deficit" for the Arcna and Baseball Diamonds; Arena (for the period of 01/09/04 to 31/08/05) Other Revenue Ice Rental Floor Rental Hall Rental Concession Booth Rental Vending Machines $ 1,694.00 $199,902.00 $ 687.00 $ 4,720.00 $ 4,206.00 $ 6,679.00 $217,888.00 $ 35,928.00 $ 4,757.00 $258,573.00 Subsidy- Minor Hockey Subsidy-Figure Skating Operating Costs Capital Estimated Annual Allocation $233,841.00 $ 65,000.00 $298,841.00 Net Operating Deficit $ 40,268.00 Ball Diamonds (for the period of 01/09/04 to 31/08/05) IJ \9\ - Revenue- 2005 Subsidy- Minor Baseball $12,237.00 $ 982.00 $13,219.00 Operating Costs-per budget Less: Grass Cutting( eost would be incurred If no rentals occur) Capital-estimated annual allocation $38,460.00 ($ 7,632.00) 3,000.00 $33,828.00 Net annual deficit II ANALYSIS: $20,609.00 II While it is the desire of the municipality that rental rates cover the eost to operate the recreation facilities of the Township it should be note that the arena facilities are utilized on a scheduled rental basis only; while the Township realizes some revenues from the municipal parks and ball diamonds the park and ball diamonds are also utilized by the public has an open recreational space. To assist Council with respect to their deliberations a chart representing the rental rates charged by the other surrounding municipalities for similar facilities has been compiled (Attachment #1). The comparable rates from attachment #] have been recalculated to determine the average rental rates including GST for similar activities and compared to the Townships 2005 rental rates. Based on the review it is recommended to Council that Council give favourable consideration to increasing the ice rental rates by 10 percent to realign with the other surrounding municipalities effective September 1 st, 2006 to allow the users groups an opportunity to complete the 2005- 2006 season. Ice Rental (10 PERCENT INCREASE RECOMMENDED) COMPARABLE COMPARABLE ORO-MEDONTE 2005 RATES (A) 2005 RATES (B) 2005 RATES PROPOSED Prime Time 129.65 135.06 106.54 + 7.46 GST 117.20+ 8.20 GST = = 114.00 125.40 Non Prime Time 115.60 119.34 63.55 + 4.45 GST = 76.27+5.33 GST = 68.00 81.60 Minor 102.95 106.95 77.57 + 5.43 GST = 85.33+5.97 GST = Hockey/Figure 83.00 91.30 Skating (A) Does not include Barrie and Orillia (B) Includes Barrie and Orillia - 2 - Public Skating (NO INCREASE RECOMMENDED) Adults $2.00 Youth $ 1.00 Seniors $0.00 Pre-School Skate $0,00 Non-Ice Rental (NO INCREASE RECOMMENDED) COMPARABLE COMPARABLE ORO-MEDONTE 2005 RATES (A) 2005 RATES (B) 2005 RATES Adult 50.33 52.73 45.79 + 3.21 GST = 49.00 Minor 44.70 47.07 35.51 + 2.49 GST = 38.00 Fl oor 618.47 619.75 509.35 + 35.65 GST = 545.00 (A) Does not include Barrie and Orillia (B) Includes Barrie and Orillia Banquet Hall Rental (NO INCREASE RECOMMENDED) COMPARABLE 2005 COMPARABLE 2005 ORO.MEDONTE 2005 RATES 'A' RATES 18) RATES Dance 335.37 361.40 271.03 + 18.97 GST.. 290.00 Meeting 31.97 31.60 2336 + 1.64 GST = 25.00 Tournament 153.27 + 10.73 GST" 164.00 (A) Does not include Barrie and Orillia (B) Includes Barrie and Orillia - 3 - Ball Diamond Rentals (NO INCREASE RECOMMENDED) COMPARABLE 2005 COMPARABLE 2005 ORO-MEDONTE 2005 RATES (A' RATES 'B' RATES Adult with lights 19.61 20.46 24.30 + 1.70 GST = 26.00 Adult 12.15 13.28 12.15 + .85 GST = 13.00 Minor with lights 17.18 17.94 20.56 + 1.44 GST = 22.00 Minor 8.73 9.84 8.41 + .59 GST = 9.00 (A) Does not include Barrie and Orillia (B) Includes Barrie and Orillia Pavilion Rental (NO INCREASE RECOMMENDED) COMPARABLE 2005 COMPARABLE 2005 ORO-MEDONTE 2005 RATES (A' RATES 'B' RATES Large 69.06 65.88 48.60 + 3.40 GST = 52.00 Small 36.45 + 2.55 GST = 39.00 (A) Does not include Barrie and Orillia (B) Includes Barrie and Orillia Ian Arthur Beard Community Room and TrainiUl! Centre (OPP Centre) (NO INCREASE RECOMMENDED) !Full day $280.37 + 19.63 GST = $300.00 (Over 4 hours) IHourly rate $ 23.36 + $ 1.64 GST = $ 25.00 per hou~ - 4 - Old Town Hall (NO INCREASE RECOMMENDED) Hourly $25.00 Full Day $107,00 Advertisin2 COMPARABLE 2005 COMPARABLE 2005 ORO.MEDONTE 2005 RATES IA) RATES 18) RATES Wall 201.59 203.74 + 14.26 GST = 218.00 (A) Does not include Barrie and Orillia (B) Includes Barrie and Orillia II RECOMMENDATION(S): II ~1ID( J 1. THAT report No. PR2005-13 be received and adopted. 2. THAT Council approves a 10% increase to the ice rental rates effective September 1st 2006. 3. THAT staff advise the user groups accordingly. Respectfully submitted, /y:r:: Chris Carter Manager of Recreation & Community Services I C,A.O. Comments: Date: - 5 - Comparison of Recreation Facility Rental Rates Within Simcoe County November 2005 A-r'lAQ.x\,,^~T ? Ice Pad Rentals Summer Ice Pad - No Ice Minor Public Skating Ball Hockey/Lacrosse Other Events Banquet Hall SOCAN Small Hall Ball Diamonds ILine Prime NonPrime Hockev Youth Adult Senior Adult Minor Alcohol NoneAlcohol Ihr Idav Ihr Idav Adult LiQ hts Minors Liohts Drao Collinowood 136.96 95.23 95.23 3.21 4.28 4.28 16.34 18.90 8.17 9.45 12.90 Essa 142.75 105.50 1.25 2.50 2.50 48.30 48.30 546.25 270.25 48.30 338.10 42.00 Innisfil 144.00 108.00 129.00 2.00 4.00 2.00 75.00 75.00 600.00 600.00 250.00 63.31 31.25 250.00 10.00 18.00 Midland 136.43 136.43 111.63 1.07 2.14 1.07 48.05 39.32 1048.57 1048.57 53.50 321.00 58.85 337.05 16.05 25.15 8.43 19.26 19.26 New Techumseth 115.00 101.00 101.00 2.00 2.25 2.00 40.00 35.00 615.00 615.00 23.50 525.00 295.00 8.00 22.00 Penetanouishene 117.70 69.55 82.39 1.50 2.00 1.00 37.45 37.45 481.50 66.01 18.33 20.90 14.87 Severn 125.00 95.00 95.00 1.50 2.00 1.50 50.00 35.00 800.00 25.00 65.00 8.00 13.00 5.00 10.00 5.00 Sprinowater 144.02 144.02 111.82 1.50 2.00 53.50 42.80 588.50 695.50 26.75 294.25 260.00 13.33 30.00 13.33 30.00 Tav 20.00 325.00 175.00 7.13 8.92 Tinv Wasaga Beach 105.00 60.00 95.00 1.00 5.00 5.00 26.75 294.25 61.58 26.75 214.00 Barrie 192.60 192.60 159.65 3.10 4.10 2.05 69.00 69.00 329.60 61.58 21.12 15.88 Orillia 126.25 72.25 90.25 2.00 2.00 2.00 53.25 41.75 627.45 627.45 29.01 214.00 14.50 27.25 8.25 21.00 IAVERAGE A $129.651 $115.601 $102.951 $1.67 $2.91 $2.421 $50.331 $44.701 $699.72 $618.47 $31.971 $335.371 $63.971 $39.71 $255.18 $12.15 $19.61 $8.73 $17.181 $13.011 IAVERAGE B $135.061 $119.341 $106.951 $1.83 $2.93 $2.341 $52.731 $47.071 $689.40 $619.75 $31.601 $361.401 $63.50 I $39.71 $255.18 $13.28 $20.46 $9.84 $17.941 $13.011 IOre-Medonte $114.001 $68.001 $83.001 $1.001 $2.001 $0.001 $49.001 $38.001 $545.001 -$15.65 -$21.06 $25.001 -$6.97 -$6.60 $290.001 $59.001 $25.001 $107.001 $13.001 $26.001 $9.001 $13.001 0.001 -$45.37 -$71.40 Difference A Difference B $545.001 -$73.47 -$74.75 Soccer Field Advertisino Adult Liohts Minor Liohts ILine Pavilions Wall Boards Clock Scoreboard Ice Resurfacer Collinowood 13.97 6.99 22.91 128.40 365.94 469.73 469.73 Essa 187.25 187.25 214.00 Innisfil 10.00 18.00 10.00 18.00 77.00 Midland 74.90 535.00 535.00 New Techumseth 8.00 13.00 7.00 11.00 45.00 Penetanouishene 160.50 642.00 535.00 Severn 20.00 Sorinowater 13.33 10.00 107.00 321.00 Tav Tinv Wasaga Beach 187.25 Barrie 21.12 21.12 Orillia 50.00 AVERAGE A 11.33 15.501 8.501 14.50 22.91T I 69.061 201.59 454.75 469.73 469.731 401.25 1 I I I 1 AVERAGE B 13.28 15.501 11.021 14.50 22.911 I 65.881 201.59 454.75 469.73 469.731 401.25 1 I 1 I Ore-Medonte 9.00 0.001 9.001 0.00 0.001 1 52.001 218.00 218.00 I I 273.00 I 1 1 I IDifference A I -2.331 -15.501 0.501 -14.501 -22.911 I -17.061 16.41 -236.751 -469.731 -469.731 -128.25 I Difference B I -4.281 -15.501 -2.021 -14.501 -22.911 I -13.881 16.41 -236.751 -469.731 -469.731 -128.25 NB: A = calculations excluding Barrie and Orillia B = calculations including Barrie and Orillia \n -\ TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. To: Prepared By: ADM 2005-61 Committee of the Whole Marilyn Pennycook, Clerk Subject: Department: Council Administration Election 2006 C.ofW. Method of Voting Date: December 14, 2005 Motion # A.M. File #: Date: RolI#: II BACKGROUND: II After investigation and debate the method of voting used in the Township of Oro-Medonte's municipal election of 2003 was the formal method using polling stations and ballots. The Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO) have made available a summary entitled, "Review of Voting and Vote Tabulation Alternatives" from the 2003 Municipal Election [Attachment #1]. The review lists the various voting alternatives used by municipalities, pros, cons and comments. Also, the Clerks of Simcoe County have communicated to each other their views on various methods used and the shortcomings and benefits of each. II ANALYSIS: II On analysis the following information is deemed to be pertinent to the decision making of Council: Telephone Voting: Bell Canada is not currently offering this service. Mail-in Ballots with Manual Count: This method of voting gives the elector ease of access in casting their vote, It also eliminates traditional advance voting. There are less election staff to train as Deputy Returning Officers and Poll Clerks. However, increased staffing is required for the actual count of the votes as they cannot be counted until 8:00 p.m. Election Day and in this method are counted by hand, The major shortcomings of this method are the costs involved and the lack of supervision during the actual vote by the elector (scrutineers). This method also relies on Canada Post for mail out and delivery on time for Election Day. Mail-in Ballots with Optical Scan Tabulating: The optical scan tabulators used in this method of voting drastically reduce the time needed to count the votes cast. However, there is a cost for the equipment that further adds to the overall expenditure. Internet Voting: This is a relatively new method of voting used in 2003 by only one municipality. The costs are understandably reduced; however the method is new and must be used with at least one other voting system since every elector does not have access to the internet. Alternatives are being researched to bring this method of voting closer to being a viable option for more municipalities (i.e. central internet sites). Optical Scan - Poll Counters: The optical scan equipment used in this method, in conjunction with polling stations, has been used by a variety of municipalities and found to be a successful way to eliminate a manual count after polling stations close at 8:00 p.m. on Election Day. Electors are required to attend a polling station to cast their vote. Therefore the process may be scrutinized up to, but not including, the count. Tabulators are however expensive dependant on the number required (polling stations). Optical Scan - Central Count: The equipment currently being used in this count method is not being supported by vendors and new equipment has not been introduced. Vendors are moving to Poll Counters as described above. Council authorized, in the 2005 budget, the purchase of Datafix software to ensure that the voting list that will be used for the 2006 Municipal Election will be the most accurate possible. The implementation of this software will also give a more accurate count of electors and their locations. As a method of further increasing the accuracy of the Oro-Medonte election process, it is further recommended that staff investigate the cost of optical san poll counters to be used in the 2006 municipal election for Council's consideration in their 2006 budget deliberations It is recommended that the formal method of voting using polling stations and paper ballots be implemented for the 2006 Oro-Medonte Municipal Election. 2 I RECOMMENDATION(S): It is recommended that: 1. Report ADM 2005-061 be received and adopted, 2. That the formal election method using polling stations and ballots be utilized for the 2006 Oro- Medonte Municipal Election. 3. That staff investigate the cost of optical san poll counters to be used in the 2006 municipal election for Council's consideration in their 2006 budget deliberations C.A.O. Comments: Date: JQ~/ I! b.s CAO. CDY'-.~ ctY Dept. Head 3 I/-{ -1 HetfMErJ l' -=# / Review of Voting and Vote Tabulation Alternatives 2003 Municipal Election ... AMero ~ I ~ Association of ... Municipal Managers, II. I. Clerks a~d Treasurers . of Ontario 2680 SkymarkAvenue, Suite 910 Mississauga, ON L4W 5L6 Tel: 905.602.4294 Fax: 905.602.4295 Emai!: amcto@amcto.com Web: www.amcto.com ... !:! III AMero Association of Municipal Managers, Clerks and Treasurers of Ontario \y Review of Voting and Vote Tabulation Alternatives 2003 Municipal Election Mail-in Balloting with Manual Count Index of Tables Table Mail-in Balloting with Optical Scan Tabulating Combined Internet and Telephone Voting Internet Voting Telephone Voting Optical Scan - Poll Counters Optical Scan - Central Count Touch Screen Touch Screen with Audio Ballot Paper Ballot with Manual Count , -') Page No. 01 05 06 07 08 09 II 12 13 14 ... III.~ ... ... AMCTO Association of Municipal Managers, Clerks and Treasurers of Ontario Review of Voting and Vote Tabulation Alternatives 2003 Municipal Election Voting Pros Cons Comments Municipalities Method Mail-in . Easier access . Unsupervised voting dependent . An accurate voters' list and City of Dryden Balloting . Convenient upon voters' list accuracy revision process must be in City of Kenora with . Vote over 24 hour . Voting kit may be stolen and get place Municipality of Assiginack Manual period into another pcrson's hands . Disruption in mail service Municipality of Bluewater Municipality of Brighton Count . Eliminates traditional . No way to scrutinize voting could jeopardize the election Municipality of Centre advance voting process to ensure that there was . Potential to increase turnout Hastings . No proxies only one vote per elector . Manual count/labour intensive Municipality of Clarington . Counting of ballots may .. Ballots cannot be counted until 8 and may question accuracy Municipality of Lambton be scrutinized p.m. Election Day therefore final . Late results Shores . Manual paper ballot results are late . Includes. . . ballot, instructions, Municipality of Marmor a counting with mark to . Votes counted by hand, therefore return envelopes and envelope and Lake the right of the name, accuracy may be questioned for mail out Municipality of McDougall Municipality of Meaford therefore audit trail and . Canada Post must ensure mail . I" class postage for kits and Municipality of Nee bing recount process in placc out, with ballot, was accurate and business reply for ballots Municipality of Northern . No polling stations and that the return ballots are received returned Bruce Peninsula staffing at the polls through system on time (Election . Require program to remove Municipality of Sioux . Elector may drop off Day) names from the list as return Narrows-Nestor Falls ballot to central location . Labour intensive for opening, envelopes are received Municipality of South Bruce sorting and counting . Township of Lake of the Municipality of South Huron Woods administered Mail-In Municipality of St. Charles Municipality of Temagami Balloting in-house Municipality of Thames . All other municipalities listed Centre utilized Canada Post program Municipality of Tweed MuniciDalitv of Whitestone Review of Voting and Vote Tabulation Altcmatives - 2003 Municipal Election Page I ... ~.~ ... ... AMCTO Association of Municipal Managers, Clerks and Treasurers of Ontario Review of Voting and Vote Tabulation Alternatives 2003 Municipal Election Voting Pros Cons Comments Municipalities Method Mail-in Town of Arnprior Balloting Town of Fort Frances with Town of Keamey Manual Town of Kings vi lie Town of Lakeshore Count Town of Leamington (continued) Town of Minto Town of Mississippi Mills Town of Perth Town of South Bruce Peninsula Town of Saugeen Shores Town ofTecumseh Township of Ashfield- Colborne- Wawanosh Township of Augusta Township of Bonnechere Valley Township of Brock Township of Brooke- Alvinston Township of Carling Township of Central Frontenac Township of Central Mauitoulin Township of Centre Wellimrton Review of Voting and Vote Tabulation Alternatives - 2003 Municipal Election Page 2 ... AMCTO "I" Association of . .. Municipal Managers, III ClerksandTreasurers of Ontario -. Voting Pros Cons Comments Mnnicipalities Method Mail-in Township of Douro- Balloting Dummer with Township of Dysart et al Manual Township of Elizabethtown-Kitley Count Township of Galway- (continued) Cavendish & Harvey Township of Georgian Bay Township of Greater Madawaska Township of Horton Township ofHowick Township of Huron- Kinloss Township ofIgnace Township of loIy Township of Lake of Bays Township of Lake of the Woods Township of Lanark Highlands Township of Leeds and Thousand Islands Township of Limerick Township of McKellar Township ofMcMurrich- Monteith Township of Michipicoten Township of Minden Hills Townshin of Mono Review of Voting and Vote Tabulation Alternatives 2003 Municioal EI Review of Voting and Vote Tabulation Alternatives - 2003 Municipal Election Page 3 ... II.~ ... ... AMeTO Association of Municipal Managers, Clerks and Treasurers of Ontario .~-- Voting Pros Cons Comments Municipalities Method Mail- in Township of Morns- Balloting Tumberry with Township of Musk ok a Lakes Manual Township of North Algona Count .. Wilberforce (continued) Township of North Kawartha Township of Northeast em Manitoulin Township ofOtonabee- South Monahan Township of Pc lee Township of Perry Township of Ramara Township of Seguin Township of Smith- Ennismore-Lakefield Township of South Algonquin Township of South Frontenac Township of Southwold Tay Valley Township Township of The Archipelago Township of Tiny Township of Tyendinaga Village of Merrickville- Wolford Review of Voting and Vote Tabulation Alternatives 2003 Municioal Elect' Review of Voting and Vote Tabulation Alternatives - 2003 Municipal Election Page 4 ... II.~ ... ... AMCTO Association of Municipal Managers, Clerks and Treasurers of Ontario Review of Voting and Vote Tabulation Alternatives 2003 Municipal Election Voting Pros Cons Comments Municipalities Method Mail-in . Accurate count . Unsupervised voting -" dependent . An accurate voters' list and City ofKawartha Lakes Balloting .. No polling stations and upon voters' list accuracy revision process must be in Municipality of Sioux with staffing at the polls . Voting kit maybe stolen and get place Lookout Town of Gravenhurst Optical . Elector may drop off into another person's hand-mail . Disruption in mail service Scan ballot to central traud could jeopardize the election Tabulating location 0 No way to scrutinize voting 0 Potential to increase voter . Easier access process to ensure that there was turnout convenience - vote at only one vote per elector .. Kits sent by I" class mail and home, business or out of 0 Canada Post must ensure mail business reply for ballots country out, with ballot, was accurate and returned . Vote over 24 hour period that the return ballots are 0 Must obtain cooperation with . Eliminates traditional received through system on time Canada Post to identify the advance voting (Election Day) envelopes with ballots . No proxies . The ballot must be marked with a . Require program to remove . Audit trail/provision for pen/pencil that the tabulator will names from the list as return recount read envelopes are received . Feed ballots into machines .. Accurate early election night as they are received during results the election period .... 0 Consider receiving locations tabulation in central on Election Day location, but no totals 0 Kits produced by election 0 Results within 10 to 20 system provider minutes on Election Day after 8p.m. Review of Voting and Vote Tabulation Alternatives 2003 Municipal Election Page 5 ... J." ... ... AMeTO Association of Municipal Managers, Clerks and Treasurers of Ontario Review of Voting and Vote Tabulation Alternatives 2003 Municipal Election Voting Pros Cons Comments Municipalities Method Combined . Accurate count . No audit trail . Internet voting cannot stand City of Clarence-Rockland Internet . No polling stations and . No provision for a recount alone as the only means to Municipality of the Nation and staffing at the polls . System may be vulnerable to vote Township of Alfred and Telephone . Easier access hackers . Present provider does not Plantagenet Township of Champlain Voting . Convenient - vote at home, .. Unsupervised voting.. dependent know if this system can be Township of East business or out of country upon voters' list accuracy supported in a large Hawkesbury .. Vote over 24 hour period . Voter card maybe stolen and get municipality Township of North Dundas . Eliminates traditional into another person's hands . An accurate voters' list and Township of North advance voting .. Long distance charges (1-800) revision process must be in Glengarry .. No proxies number place Township of North Results within 10 to 20 . No way to scrutinize voting . Must use a long distance Stormont . minutes on Election Day process to ensure that there was provider Township of South Dundas Township of South after 8p.m. only one vote per elector Glengarry .. When voting on internet . Average time to vote by phone is Township of South an elector can see the approx 8 to 10 min based on size Stormont names of the candidates of ballot Village of Hawkesbury . No over votes .. Last minute voting may jam lines . Role of the candidate scrutineers change Review of Voting and Vote Tabulation Alternatives - 2003 Municipal Election Page 6 ... II.~ ... ... AMCTO Association of Municipal Managers, elerl<s and Treasurers of Ontario Review of Voting and Vote Tabulation Alternatives 2003 Municipal Election Voting Pros Cons Comments Municipalities Method Internet .. Accurate count . System may be vulnerable to .. Internet voting cannot stand on Town of Markham- Voting . No polling stations and hackers its own.. must be used with at advance voting only staffing at the polls . Unsupervised voting dependent least one other voting system . Easier access upon voters' list accuracy . If voters' list is networked at . Convenient - vote at home, . Voter card may be stolen and get the voting subdivisions, business or out of country into another person's hands internet could be used right up . Vote over 24 hour period . No way to scmtinize voting to and including Election Day . Eliminates traditional process to ensure that there was . List must be accurate advance voting only one vote per elector . Make sure system is safe from . No proxies . Role of the candidate scmtineers hackers . Results within 10 to 20 change . Provide alternate locations for minutes on Election Day . Not everybody will be ablc to electors to vote i.e. libraries, after 8p.m. vote over the Internet because of community centres . When voting on internet speed and security level of the an elector can see the computer names of the candidates . No over votes . Audit trail(images of ballots can be produced . Provision for recount cv Review of Voting and Vote Tabulation Alternatives ~ 2003 Municipal Election Page 7 ... II.~ ... ... AMeTO Association of Municipal Managers, Clerks and Treasurers of Ontario Review of Voting and Vote Tabulation Alternatives 2003 Municipal Election Voting Pros Cons Comments Municipalities Method Telephone 0 Accurate count 0 No audit trail 0 Bell Canada not currently None Voting 0 No polling stations and .. No provision for a recount offering service. They are staffing at the polls 0 May be vulnerable to hackers revisiting for future elections. .. Easier access 0 Unsupervised voting - dependent 0 Convenient - vote at home, upon voters' list accuracy business or out of country 0 Voter card maybe stolen and get 0 Vote over 24 hour period into another person's hand 0 Eliminates traditional 0 Long distance charges- (\ -800) advance voting number 0 No proxies 0 No way to scrutinize voting 0 Results within IOta 20 process to ensure that there was minutes on Election Day only one vote per elector after 8p.m. 0 Average time to vote approx 8 to 10 min based on size of ballot 0 Last minute voting may jam lines 0 Role of the candidate scrutineers change ,I Review of Voting and Vote Tabulation Alternatives - 2003 Municipal Election Page 8 ... 11-" ... --- AMCTO Association of Municipal Managers, Clerks and Treasurers of Ontario Review of Voting and Vote Tabulation Alternatives 2003 Municipal Election Voting Pros Cons Comments Municipalities Method Optical . Accurate results- . Electors must go to the poll . If purchased, cost for future City of Brampton Scan - Poll eliminates manual location to cast votes elections will be City of Burlington Counters counting .. Require space to store and reduced( equipment paid for City of Cornwall . Election process at the prepare the equipment for in 3 elections) City of Greater Sndbury polls may be scrutinized Election Day . Secrecy folders are provided City of Hamilton City of Mississauga - not the counting to the elector for privacy of City of Niagara Falls .. Poll results can be the vote. City of North Bay printed for scrutineers . If Tabulator jams (votes cast City of Orillia . Fewer polling locations are stored in City of Oshawa and election workers memory). .. voters will deposit City of Ottawa . Early election night ballot in seeondary ballot box City of Pickering results until tabulator is up and City of Port Colbome System can be running City of Samia . City of St Catharines programmed to tell the City of Stratford elector that he/she has City ofThorold over voted and they City of Thunder Bay have the opportunity to City of Timmins re-mark a new ballot, City of Toronto therefore, no spoiled City of Welland ballots City of Windsor . Audit trail- paper ballot City of Woodstock Prince Edward County . Similar to traditional Municipality of Central Elgin voting Municipality of Kincardine Town of Ajax Town of Aurora Town of Coboum Review of Voting and Vote Tabulation Alternatives - 2003 Municipal Election Page 9 ... III.~ ... ... AMCTO Association of Municipal Managers, Clerks and Treasurers of Ontario Review of Voting and Vote Tabulation Alternatives 2003 Municipal Election Voting Pros Cons Comments Municipalities Method Optical Town of Fort Erie Scan - Poll Town of Greater Napanee Counters Town of Grimsby Town of Huntsville (continued) Town of Kapuskasing Town of Markham Town of Milton Town of New market Town of Niagara on the Lake Town of North Perth Town ofOakville Town of Pelham Town of Temiskaming Shores Township of King Loyalist Township Township of Russell Township of Springwater Township of West Lincoln Township ofWoolwich Villape of Casselman Review of Voting and Vote Tabulation Alternatives - 2003 Municipal Election Page to ... ,-.. ... --- AMeTO Association of Municipal Managers, Clerks and Treasurers of Ontario Review of Voting and Vote Tabulation Alternatives 2003 Municipal Election Voting Pros Cons Comments Municipalities Method Optical 0 Accurate results- 0 Electors must go to the poll 0 Election process to elector is City of Brantford Scan - eliminates manual location to cast votes similar to paper ballot with City of Brockville Central counting .. Uncounted ballots are transported manual count system City of Cambridge Count .. Election process at the to a central counting location 0 If purchased, east for future City of Elliot Lake City of Guelph polls may be scrutinized- 0 More labour intensive than poll elections will be City of Kitchener not the counting except for count system but less than a reduced( equipment paid for in City of North Bay the duplication process(re- paper ballot system 3 elections) City of Orillia mark of ballots) 0 Results are not available at the 0 Secrecy folders are provided to City of Quinte West .. Fewer polling locations poll for the eandidate/serutineer the elector for privacy ofthe Town ofIroquois Falls and election workers 0 Require space to store machines vote Town of Niagara on the 0 Earlier election night 0 Election Day - a large secure 0 Systems and present tabulators Lake results as compared to space is required to tabulate are not being supported by Town ofPenetanguishene manual tabulation ballots and to accommodate vendors - new tabulators have 0 Audit trail- paper ballot election staff, ballots and not been introduced-vendors 0 Similar to traditional scrutineers moving to poll counters voting - ballot marked in 0 City of Quinte West utilized the space to the right of vote tabulator's audio ballot the name and placing into feature for advance vote a ballot box 0 All ballots counted at one location Review of Voting and Vote Tabulation Alternatives - 2003 Municipal Election Page 11 ... "I" ... ... AMCTO Association of Municipal Managers, Clerks and Treasurers of Ontario Review of Voting and Vote Tabulation Alternatives 2003 Municipal Election V otiug Pros Cons Comments Municipalities Method Touch .. Provide an accurate count . Very costly to provide enough . Require as many touch screens City of Barrie Screen . System does not allow for screens to eliminate voting line- as voting screens in a manual City of Brampton over votes(rejected ups election to avoid line ups City of Brantford ballots) . No recount process/no audit-no . Costly -.. require enough City of Cornwall . Provides for an audio paper trail machines to eliminate City of Hamilton City ofMississauga ballot for visually . If machine goes down at the poll . potential line ups City of Peterborough impaired electors to vote there is no alternative voting . Municipalities are using the City of Pickering without assistance method available system for advance voting City of Sarnia . Early election night results . Electors may leave the voting because it offers an audio City of Stratford . More involvement from screen before casting the vote component which allows the City of Toronto scrutineers during the day visually impaired elector to City of Vaughan . No ballots required vote without assistance City of Weiland Election results are . Used in City of Barrie as the City of Windsor .. Town of Ajax available to the scrutineers only voting method Town of Aurora at the polls Town of Markham . Reduce the number of Town of Milton election staff Town of Oakville Town of Richmond Hill C Townshin ofKinp <<;; ., Review of Voting and Vote Tabulation Alternatives ~ 2003 Municipal Election Page 12 ... ~.II ... ... AMCTO Association of Municipal Managers, Clerks and Treasurers of Ontario Review of Voting and Vote Tabulation Alternatives 2003 Municipal Election Voting Pros Cons Comments Municipalities Method Touch . See previous information . See previous information under . See previous information City of Cornwall Screen under "Touch Screens" "Touch Screens'l under "Touch Screens" City of Hamilton with Audio City of Mississanga Ballot City of Peterborongh City of Toronto City of Vaughan City of Windsor Town of Ajax Town of Aurora Town of Markham Town of Oak vi lie Town of Richmond Hill Townshio of Kin" , Review of Voting and Vote Tabulation Alternatives - 2003 Municipal Election Page 13 ... III.~ ... ... AMero Association of Municipal Managers, Clerks and Treasurers of Ontario Review of Voting and Vote Tabulation Alternatives 2003 Municipal Election Voting Pros Cons Comments Municipalities Method Paper . Traditional voting - ballot . Electors must go to the poll . A manual count may not .. All municipalities not Ballot with marked in the space to the location to cast votes provide an accurate count otherwi se listed Manual right of the name and . Labour intensive - additional . Late election night results Count placed into a ballot box election day workers -additional . Election results more open to a . All ballots counted at one volume of polls, therefore more recount location support staff election night . Is becoming more difficult to . Audit trail . Ballots cannot be counted until 8 hire and train qualified . More involvement from p.m. Election Day therefore final election day staff scrutineers results may be late-slow returns . Votes counted by hand, therefore accuracy may be questioned Specific training of election workers on counting of ballots Review of Voting and Vote Tabulation Alternatives - 2003 Municipal Election Page 14 . . . o h) ,-\ JJ;~~~ (i7J'r, 04 b) Jennifer Zieleniewski, CAO, re: Property Matter ~ ' Motion No. CW-29 JLtLe.... I :;- ~ Moved by Buttineau, Seconded by Hough It is recommended that the confidential correspondence dated November 3, 2005 presented by Jennifer Zieleniewski, CAO, re: Property Matter (213 Horseshoe Valley Road) be received, Carried, c) Jennifer Zieleniewski, CAO, re: Legal Matter Motion No. CW-30 A Moved by Buttineau, Seconded by Hughes It is recommended that the verbal information presented by Jennifer Zieleniewski, CAO, C. Williams and N. McDonald re: Legal Matter (OPA 16 & 17) be received. Carried. d) Councilor Hough, re: Personnel Matter (Statement of Accounts). Discussion, 11. ADJOURNMENT: Motion No. CW-31 Moved by Hough, Seconded by Buttineau It is recommended that we do now adjourn at 1 :30 p,m. Carried, '~(\L:_ yor, J. Neil Crai~ Page 11 Committee of the Whole Meeting - November 9, 2005 b) Jennifer Zieleniewski, CAO, re: Personnel Matter. Motion No. 17 Moved by Hughes, Seconded by Fountain Be it resolved that the confidential information provided by Jennifer Zieleniewski, CAO, re: Personnel Matter (Planning/Building) be received. Carried, c) Jennifer Zieleniewski, CAO, re: Legal Matter. "f- Motion No. 18 Moved by Fountain, Seconded by Crawford Be it resolved that the confidential correspondence presented by Jennifer Zieleniewski, CAO, C, Williams, and N, McDonald re: Legal Matter (OPA 16 and 17), dated November 16, 2005 be received; and further that the Township Solicitor and Consultant be authorized to proceed with negotiations as outlined in the correspondence, Carried. Recorded Vote Requested by Mayor J. Neil Craig Councillor Buttineau Absent Councillor Crawford Yea Councillor Fountain Yea Councillor Hough Absent Deputy Mayor Hughes Yea Councillor Marshall Yea Mayor Craig Yea Page 8 Council Meeting Minutes- November 16, 2005 \j",-') , lYl-y TOWNSHIP OF ORO-MEDONTE ~ MEMORANDUM I To: Mayor and Members of Council cc: From: Jennifer Zieleniewski R.M. File #: Date: December 9, 2005 RolI#: Subject: OMB Hearing OPA 16& 17 Please be advised that the Township Solicitor and Planning Consultant have confirmed their attendance at the Special Council meeting called by the Mayor at the last Council meeting on December 7, 200S. The purpose of the special meeting on December 21, as discussed, will be to determine further action to be taken by the Solicitor and Consultant in the negotiation process, Special Council - December 21, 2005 @ 4:00 p.m. (to be followed by the regular Council meeting at 7:00 p.m. ,^, i\\.~ .~ fOft. <itJ ~,~,,",,".... TOWNSHIP OF ORO-MEDONTE REPORT -..., . \~ - \ Dept Report No. To: COMMITTEE OF THE Prepared By: WHOLE PW2005-25 Jerry Ball Subject: Department: Council Request for Speed Reduction Public Works C.ofW, - Eady Station Road Date: December 7, 2005 Motion # RM. File #: T08-12728 Date: RolI#: Ii BACKGROUND: II Correspondence dated August 4, 2005 (attached) was received from Ms. Jackie Whiston requesting that the present speed limit of 80 km/h be reduced to 50 km/h along Eady Station Road. Local residents strongly believe that the increased usage of the Eady Community Hall, along with the increase in general traffic, has now created a concern with speeding vehicles. This 1.5 km. gravel sideroad is located between Line 10 North and Line 11 North and provides access to 17 local residents and the Eady Community Hall. Traveling east on Eady Station Road from the Line 10 North intersection for approximately .5 km, motorists will encounter two (2) 900 horizontal curves, as well as a signalized C.P.R. crossing. An updated traffic count was completed in October of 2005, producing a result of 127 vehicles per day. II ANALYSIS: ~ In considering this request, a site visit was completed to review the stopping site distance and safety concerns along Eady Station Road. The.5 km. section traveling east from Line 10 North can be safely traveled at a 30 km/h speed and the remaining 1 km. stretch of Eady Station Road can be traveled safely at 80 km/h, as this section is level, straight and visibility is good. Therefore, it is recommended that new curve signs, with a suggested 30 km/h tab, be erected to properly advise motorists of the horizontal curves. These signs will be an addition to the existing C.P.R. crossing signs and Children Playing signs. t RECOMMENDATION(S): \0, - J.. II 1. THAT Report No. PW2005..25 be received and adopted. 2. THAT the Public Works Department erects new curve signs, complete with a 30 km/h advisory tab, to warn motorists of the horizontal curves on Eady Station Road. 3. THAT the existing speed limit of 80 km/h remains status quo on Eady Station Road. 4. AND THAT the Public Works Superintendent advises Ms. Jackie Whiston of Council's decision. Respectfully submitted, Jerry Ball Public Works Superintendent CJJ~cLU^'-- COD ~\o(, r'yV' .. 2 - ---------~.~~.,--'-_....-- ._,-_.._~_._._--~--_._.._-~_....~.._._.~_._----------'"..--.-. Marilyn pennycook From: Ralph & Wendy Hough Sent: Thursday, August 04,20054:17 PM To: Whiston, Jackie (JUS) Cc: Ruth Fountain; Paul Marshall; John Crawford; Dan Buttineau; Harry Hughes; Neil Craig; Marilyn Pennycook Subject: Re: Road Salety Concern Hi Jackie. As you can see] have forwarded this request for a 50 kph speed limit on the Eady Station Road to ou Clerk and Members of Council for inclusion in our next meeting agenda. We do have a meeting on August 10th. and ] am sure that at that time the request will be sent to staff for a repon and recommendation. ] do agree with you and with the volume of traffic that the hall renovations have created 50 kph is not unreasonable on this road. Ralph _____ Original Message _om From: Whiston. Jackie (JUS) To: Ralph & Wendv HouQh Sent: Thursday, August 04, 2005 4:09 PM Subject: Road Salely Concern Dear Ralph... Sorry I don't know your .councillor" email account, so I hope you don't mind ill contact you at your home one. As mentioned to you by several 01 us during the recent meeting 01 the Eady Hall Board, I am very concerned with the careless and high speed driving that is occurring on the Eady Station Road. As you know the road has several twists and turns which makes it very difficult tor a pedestrian or bicyclist to hear a vehicle coming and also lor a vehicle travelling at a high speed to be able to react quickly to avoid a pedestrian, bicyclist, or persons that may be exiting a vehicle or crossing the road when using the Eady Community Hall. Over the last several months, Charles Lowe, others and mysell have observed on MANY occasions, how quickly lolks are now driving on this usually quiet side road. We are concerned for the safety 01 the children who live and visit here and also for persons who might just be out for a walk, a bike ride or trying to park their vehicles along side the Hall. I strongly believe that the area's population, the location 0 the community hall (on a blind corner) and the winding design at the road warrant the posting of reasonable speed limit signs. I would recommend a 50 km/hr 20ne for the entire length of the Eady Stafion Road. Once signs have been posted then hopefully vehicles will Slow Down. But... if they do not, then at least we will have some means for requesting enforcement and hopefully increasing the safety of this lovely rural setting. Although Eady is probably deemed to be a lairly insignificant area with regards to the rest of this large township, I still fe. that the safety 01 those that live and visit here is ullimately still very imponant and would request that you take these concerns and this request forward to councillor their due consideration. Your assistance with this matter would be greatly appreciated. Sincerely, ORO.MEOONTE TOWNSHIP MOTION# I,!) AUG 1 0 2005 MEETING: COUNCILO C. OF W. Jackie Whiston Application Suppon Community Policing Suppon Unit Program & Research Section Operational Research & Development Bureau Ont3rio Provincial Poli\.~c Phone: Work: (705) 379-6147 Home: (705)835- 5303 Home .Addrcs:-:: ]49 End)' S13!ion Rd. R.R. #3 Coldw,"cr. ON LOK lED ~.l""'c.'-.().'._' " Ei~' o ~ ~ -\ TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. To: COMMITTEE OF THE Prepared By: WHOLE EES2005-43 Keith Mathieson and Bruce Hoppe Subject: Department: Council Paige Custom Homes Inc. - Engineering and Site Plan Agreement and Environmental Services C.ofW. Removal of Holding Symbol - Date: Part of Lots 14 and 15 December 6, 2005 Motion # Fronting Kempenfelt Bay and R.M. File #: Part Water Lots 14 and 15 011-24943 Date: Lying in Front of Lots 14/15, RolI#: sls Davis Street, Plan 1, Being Part 2, 51 R-32684, Together 010-006-00600 with Right-of-Way over Part 1, 51R-32684, Together with Right-of-Way over Parts 2, 3, 4 and 5, 51 R-15199, Being all of PIN #58554-0142 (Lt) - Roll #4346-010-006-00600-0000 I BACKGROUND: II Mr. Dave Seaman of Paige Custom Homes Inc. is proposing to construct a single family home at 71 Barrie Terrace. As this portion of Barrie Terrace has not been assumed by the Township, the Owner must enter into a Site Plan Agreement and the Holding Symbol must be removed, prior to the issuance of a Building Permit. II ANALYSIS: II The Site Plan Committee reviewed Mr. Seaman's application on November 4, 2005. The concern of the Committee was the required setback of the proposed house and the average high water level of Lake Simcoe. It was confirmed that the setback was not sufficient and Mr. Seaman required, and was granted, a minor variance by the Committee of Adjustment on December 1, 2005. Township staff had no concerns with the proposal. II RECOMMENDATION(S): ~ 1. THAT Report No. EES2005-43 be received and adopted. 2. THAT the Township of Oro-Medonte enters into a Site Plan Agreement with Paige Custom Homes Inc. to construct a single family home at 71 Barrie Terrace. 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 for Council's consideration to remove the Holding Symbol. 5. AND THAT Mr. Seaman of Paige Custom Homes Inc. be notified of Council's decision. R'a"bm;U'd Keith Mathieson Director of Engineering and Environmental Services %oc4 Bruce Hoppe ' Director of Planning . ,.../ IY /""'1\""<'/ l7 \ ! ~>),' ''''-J fie . . (tS \.) QYV'- / - 2- -. . , APPENDIX "A" SITE PLAN AGREEMENT - between - PAIGE CUSTOM HOMES INC. - and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS Part ot Lots 14 and 15 Fronting Kempentelt Bay and Part Water Lots 14 and 15 Lying in Front ot Lots 14 and 15, s/s Davis Street Plan 1, Being Part 2, 51 R-32684, Together with Right-ot-Way over Part 1, 51R-32684, Together with Right-ot-Way over Parts 2, 3, 4 and 5, 51R-15199 Being all ot PIN #58554-0142 (Lt) Roll #4346-010-006-00600-0000 TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE November, 2005 By-Law No. 2005- Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Schedule "A" Schedule "B" Schedule "C" Schedule "D" THE TOWNSHIP OF ORO-MEDONTE SITE PLAN AGREEMENT TABLE OF CONTENTS Covenants by the Owner Covenants by the Township Developmenl 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 SITE PLAN CONTROL AGREEMENT This Agreement made, in quadruplicate, this day of accordance with Section 41 of the Plannina Act. 2005, in BETWEEN: PAIGE CUSTOM HOMES INC. Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro-Medonte to permit a single family home 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 ~C\ - \.JJ 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 subjecllands. 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 Ihe refundable deposit, to its full amounl, when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered 10 Ihe Township, all Transfers/Deeds, Discharges and Easements, or other documents required by Schedule "C", as well as certification from the Owner's solicitor Ihal 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 musl be received by the Township/Ministry of the Environment. i) The Owner acknowledges that the lot does not front on an improved public road, that the Township does not or is not required to maintain or snowplow the said road, that the Township will not take over or assume the private road as a Township public road or street unless it has been built according to the Township standards, then in force, and that the Township is not liable for any injuries, losses or damages as a consequence of the Township issuing a Building Permit. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By-law to permit a single family home described on the Site Plan. b) That the Township agrees Ihat 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 herelo 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 oul on the Site Plan, attached hereto as Schedule "B". b) Liqhtinq All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use andlor roadway, not to cause interference in any way. c) Parl<inq 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 Storaqe No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule "B". e) Garbaqe Storaqe The Owner agrees to provide suitable slorage areas for garbage and waste, as shown on the Site Plan, and to install and maintain litter conlainers 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) LandscaDinq 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 sillation 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 Ihe 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 10 signing the Agreement, the Owner will deposit, with the Treasurer of the Township, 10 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 Ihe amount of one hundred percent (100%) of the eslimated 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 wilh the requirements of Schedule "E", with an automatic renewal clause in the amount of one hundred percenl (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 eslimated cosl of completing the various matters prescribed by Ihis Agreement. However, all Letters of Credil and security received by Ihe Township may be used as security for any item or any olher 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 Ihis 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 evenl 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, lwenty-one (21) day's notice, ils intent to draw down on the security or deposit. 6. COMPLIANCE Any action laken by Ihe 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, Ihe 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. 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 10 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 the' respective seals under the hands of their proper officers duly authorized in tha ehalf. SIGNED, SEALED AND DELIVERED ) Owner: Paige Cu. om Homes ) Inc. ) ) David Seaman ) Has the Authorlty to Bind the Corporatlon ) ) ) ) ) ) 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 Plan Agreement between the Township of Ora-Medonte and Paige Custom Homes Inc. LEGAL DESCRIPTION OF LANDS Part of Lots 14 and 15 Fronting Kempenfelt Bay and Part Water Lots 14 and 15 Lying in Front of Lots 14 and 15, sls Davis Street, Plan 1, Being Part 2, 51R-32684. Together with Right-of-Way over Part 1, 51 R-32684. Together with Right-of-Way over Parts 2, 3, 4 and 5, 51R-15199. being all of PIN #58554-0142 (Lt). Roll #4346- 010-006-00600-0000 8 SCHEDULE "B" \ NOTE: It is understood and agreed that Ihis Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Paige Custom Homes Inc. SITE PLAN Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. Lot Grading Plan (71 Barrie Terrace) prepared by Richardson Foster Ltd. dated October, 2005. 9 SCHEDULE "C" NOTE: II is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Paige Custom Homes 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 ($2.00) 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 "0" 1Q -\ NOTE: It is understood and agreed that this Schedule forms part of the Site Pian Agreement belween the Township of Oro-Medonte and Paige Custom Homes 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 Ihe terms of this Agreement, as noted in Section 5 herein. N/A ]] i'o - \ TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. To: COMMITTEE OF THE Prepared By: WHOLE EES2005-44 Keith Mathieson Subject: Department: Council Robert Victor Stinson (Barrie Engineering and Drive-In Theatre) - Site Plan Environmental Services C.ofW. Agreement - Part of the East Date: % of Lot 21, Concession 4, December 6, 2005 Motion # Being all of PIN #58551-0073 R.M. File #: (Lt) - Roll #4346-010-008- D11-23599 05900-0000 Date: RolI#: 010-008-05900 II BACKGROUND: II Barrie Drive-In Theatre presently operates a three (3) screen drive-in on Line 4, south of Hwy. #11, and is proposing to construct an additional 15.8 m x 7.3 m projection screen, to include relocation of the existing driveway, box offices and grading for 262 parking spaces. II ANALYSIS: ~ The application for Barrie Drive-In Theatre was reviewed by the Site Plan Committee on September 20, 2005 and neither Township staff nor the Committee had any concerns with the proposal. The Ministry of Transportation and Nottawasaga Valley Conservation Authority have no objections to the proposal. II RECOMMENDATION(S): ~ 1. THAT Report No. EES2005-44 be received and adopted. 2. THAT the Township of Oro-Medonte enters into a Site Plan Agreement with Robert Victor Stinson to construct an additional 15.8 m x 7.3 m projection screen. 3. THATZhe . erk prepares a By-law for Council's consideration. 4. AND TH Mr. Stinson be notified of Council's decision. Respectfl II su~mitted, Keith Ma ieso Director of ngineering and Environmental Services t a ~ /' ! V \ C?u~ \ " September, 2005 By-Law No. 2005- APPENDIX "An SITE PLAN AGREEMENT - between - ROBERT VICTOR STINSON (BARRIE DRIVE-IN) - and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS Part of the East % of Lot 21, Concession 4 Being all of PIN #58551-0073 (Ll) Roll #4346-010-008-05900-0000 TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Schedule "A" Schedule "B" Schedule "C" Schedule "D" THE TOWNSHIP OF ORO-MEDONTE SITE PLAN AGREEMENT TABLE OF CONTENTS Covenants by the Owner Covenants by the Township Development Restrictions Development Changes Security Compliance Co-operation Binding Effect Severability of Clauses Save Harmless SCHEDULES Legal Description of Lands Site Plan Deeds and Easements to be Conveyed Itemized Estimate of Cost of Construction 2 SITE PLAN CONTROL AGREEMENT This Agreement made, in quadruplicate, this day of accordance with Section 41 of the Plan nino Act. 2005, in BETWEEN: ROBERT VICTOR STINSON (BARRIE DRIVE-IN) Hereinafter called the "Owner" PARTY OF THE FIRST PART -and. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro-Medonte to permit a fourth 15,8 m x 7.3 m projection screen 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 Wilnesseth 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 Ministry of Transportation and Nottawasaga Valley Conservation Authority. 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 slated otherwise. The refundable deposit for expenses and aclual 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 Easemenls, or other documents required by Schedule "C", as well as certification from the Owner's solicitor that the Transfer/Deeds and Easements shall provide Ihe Township wilh 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 musl 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 a fourth 15.8 m x 7.3 m projection screen 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 thaI any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: 4 a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan, attached hereto as Schedule "B". b) Liohtino All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and/or roadway, not to cause interference in any way. c) Parkino Areas and Drivewavs All parking areas and driveways shall be constructed in conformity with Sections 5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario Building Code Regulation #419/86, and such parking areas, loading, and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed, as in Schedule "B" attached. The Owner agrees to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro-Medonte. d) Outside Storaoe No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule "B". e) Garbaoe Sloraoe The Owner agrees to provide suitable storage areas for garbage and waste, as shown on the Site Plan, and to inslall 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) Landscaoino The Owner shall complete all landscaping and landscaped areas shown on Ihe 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 prevenl erosion and sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during conslruction. 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 thaI 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 Ihis 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 behaif, 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, consenls 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 Ihe parties herelo, and upon the lands described in Schedule "A", attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 9. SEVERABILITY OF CLAUSES Should any section, subsection, clause, paragraph, or provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. 10. SAVE HARMLESS The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless, the Township from and against any and all claims, suits, actions and demands whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub-contractors. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED 7 ) 12LHdc~~1!t~oJ< ) Owner: Robert Victor Stinson ) ) ) ) ) ) ) ) ) ) The Corporation of the ) Township of Oro-Medonte ) ) per: ) ) ) ) J. Neil Craig, Mayor ) ) ) ) Marilyn Pennycook, Clerk ) SCHEDULE "An NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Orc-Medonte and Robert Victor Stinson. LEGAL DESCRIPTION OF LANDS Part of the East'/, of Lot 21, Concession 4, being all of PIN #58551-0073 (L1), Township of Oro-Medonte, County of Simcoe, Roll #4346-010-008-05900-0000 8 ~'o- \t 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 Robert Victor Stinson. SITE PLAN Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. Drawing #051965-1 Existing Conditions prepared by Skelton Brumwel dated June 27,2005 Drawing #051965-2 Site Plan and Grading prepared by Skelton Brumwel dated June 27, 2005 Drawing #051965-3 Storm Water Management and Erosion Control prepared by Skelton Brumwel dated June 27, 2005 Drawing #051965-4 Notes and Details prepared by Skelton Brumwel dated June 27, 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 Robert Victor Stinson. 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 SCHEDULE "0" -\ NOTE: It is underslood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Robert Victor Stinson. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION 1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT 2. LETTERS OF CREDIT AMOUNT Letter of Credit to be provided by the Owner to ensure completion of all works required under the terms of this Agreement, as noted in Sections 1 f) and 5 herein. $1,000.00 (refundable deposit) 11 - \ TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. To: COMMITTEE OF THE Prepared By: WHOLE EES2005-45 Keith Mathieson Subject: Department: Council Ontario Strategic Engineering and Infrastructure Financing Environmental Services C.ofW, Authority (OSIFA) - Low-Cost Date: and Longer Term Loans for December 6, 2005 Motion # Infrastructure Projects until RM, File #: February, 2006 E03-25330 Date: RolI#: II BACKGROUND: ~ OSIFA is a provincially-driven incentive to provide an innovative financial vehicle to make funding available to Ontario municipalities to renew and rebuild public infrastructure. OSIFA currently prioritizes a number of municipal infrastructure projects for funding, one of which is municipal sewage. II ANALYSIS: II Attached for Council's perusal is an insert from the "Environmental Commissioner's Report 2004- 2005" prepared by Mr. Gord Miller, Environmental Commissioner of Ontario. From his review of the "Land Application of Septage", Mr. Miller is urging the M.O.E. to accelerate action to finalize the regulatory framework for septage, part of which would require municipalities to prepare a strategy on how they will manage untreated septage produced within their area. As part of his report, Mr. Miller has noted the new Provincial Policy Statement (PPS), which came into effect on March 1, 2005, stating new development on septic systems must plan for adequate septage treatment capacity prior to approval. With the proposed new regulations coming and with the existing PPS, the Township should start reviewing septage treatment options that are available to the Township within its own boundaries and adjoining municipalities, as well as possible funding available through OSIFA. Totten Sims Hubicki Associates has provided a cost estimate proposal of $10,500.00, plus G.S.T., to explore septage treatment options and to provide for a long-term strategy for the disposal of Township-generated septage, which would include capital and operating costs. In the past year, I have had informal conversations with both the City of Barrie and City of Orillia with respect to their capacity to accept Township septage. The City of Orillia is presently preparing a report to determine what capacity may be available for septage from surrounding municipalities. The City of Barrie currently does not service any land outside of their boundaries. A formal proposal will need to be prepared by our municipality, with Council's endorsement, and presented to City of Barrie staff and Council so that servicing of Oro-Medonte lands can be addressed. II RECOMMENDATION(S): ~ 1. THAT Report No, EES2005-45 be received and adopted. 2. THAT Totten Sims Hubicki Associates be commissioned to provide a proposal of options for treatment of Township septage at a cost of $10,500,00, plus G.S.T. 3. THAT the funds for the report from TSH be committed in the 2006 Budget. 4. AND THAT the City of Barrie and the City of Orillia be asked to consider acceptance of Township septage in their present capacities of their sewage treatment plants. tj...... '""y ,"bm",'" \ Keith Mathieson Director of Engineering and Environmental Services ,J n I f'--- C!D/~ 'U / f Q~. \ f'J .. . C\,\b ~u - 2- - In '. ~ I (.k..)~"1 2"" :::; l:::::..l'JV 112-cl\lntc'1-Jfl'M-.- ~1Y'1 SSIC"''''''-' the Ministry of the Environment presented an illustrative par- that the province was undertaking that would result in some level emission reductions when achieved. (For ministry comments, see page 214.) liApplication of Septage >- '" o 0. In the fall of 2000, the ECO received an EBR application for review that raised concerns about the approved practice of spreading untreated human wastes from septic tanks and portable toilets onto farmlands. These wastes are called septage, and because of high levels of pathogens, nutrients, disinfectants and trace levels of other contaminants, they are a risk to ground and surface waters. Ontario residents generate an estimat~d 1.2 million cubic metres of septage a year, most of which is applied to farmland without treatment. m w The applicants saw the need for a consistent policy and enforceable regulations, and requested a moratorium on the practice until its safety for public health and the environment had been studied. The Ministry of the Environment denied this application, stating that the ministry was already carrying out an internal review of the province's septage spreading program. In late 2000, MOE introduced a moratorium on the land application of septage on frozen or snow-covered ground. Then in June 2001, MOE proposed a five-year phase-out of the land application of untreated septage, as part of a broader announcement on the Nutrient Management Act. '" ~ <i co z Z <i ~ o o N " o o N In November 2002, the ECO received a second application for review, focused on the management of septage waste. The applicants requested a regulation that would clearly set out responsibilities at all stages of the septage disposal process, starting from the emptying of the septic tank to the establishment, operation and management of septage treatment or disposal facilities. Given that MOE was planning to phase out the land application of untreated septage, the applicants were worried about the lack of alternative disposal options. In the absence of a clear legal framework for municipal involvement, the applicants doubted that non-legislated solutions (such as private-public partnerships) would work, and feared that neither municipalities nor the private sector \, '^" >;;->' (:;.,0 ^"ll' cr:"" X'vif'6 <1.5 ~ A','<' . ~. . \ I XV' \vb/ would risk investing in new septage treatment facilities. MOE also denied this review, pointing to its new proposal to phase out land application of untreated septage. In December 2002, MOE posted a proposal for a regulation to address septage on the Registry, featuring a commitment to ban the land application of untreated septage by 2007. However, most aspects of this measure remain at the proposal stage as of April 2005. The only finalized component is a ban on the land application of untreated portable toilet waste, which took effect in October 2003. (For a description of this measure, see the 2003/2004 Supplement, page 131.) Components that have not yet been finalized include: o a five-year phase out of the issuing of certificates of approval for the land application of untreated septage. o extension of the winter spreading restrictions and land application standards included in the proposed Stage 2 Regulatory requirements under the Nutrient Management Act. o a requirement that municipalities prepare a strategy on how they will manage untreated septage produced within their area. In early 2005, the ECO requested an update on MOE's proposed strategy for septage. MOE reconfirmed in March 2005 that "the ministry is committed to end the.land application of untreated septage." But it appears the phase-out deadline of 2007 has been set aside. The ministry described its ongoing work, including extensive consultation with stakeholders such as municipalities, support for a pilot project with Grey County in 2004, and work with partners on a pilot project examining lime stabilization of septage (to be completed by spring 2005). A team of technical staff from MOE and the Ministry of Agriculture and Food are also working to develop standards for three septage treatment methods: lime stabilization, composting and lagoon storage. Although there is no estimate of when draft standards will be ready, the ministry has committed to posting them on the Registry for public comment. - , o c -'> " o c ~ )> z z c: )> r N m ~ o While MOE has not updated the December 2002 Registry proposal. the province has taken some steps toward clarifying municipal responsibility for septage management through the new Provincial Policy Statement (PP5), which came into effect on March 1,2005. The PP5 includes new language (in section 1.6.4.1 e) stating that subdivision for lot creation is allowed only if there is confirmation of sufficient reserve sewage system capacity, including treatment capacity for septage, and further specifies that land-applying untreated septage is not considered sufficient. In effect, this language means that municipalities wanting to approve new developments on septic systems must plan for adequate septage treatment capacity (which could in practice be provided by the private sector). N ..; ED '" o 0. '" ~ < = z z < L(', c c N -<:t c c MOE's announcements thus far, coupled with the concerns of septage haulers, have spurred several counties (Grey, Wellington, Huron) and the City of Kingston to begin some coordinated planning for septage management on a voluntary basis. However, it is not clear whether municipalities will be required to plan for septage treatment capacity for existing development. As a consequence, Ontario's defa ult disposal option remains the land application of untreated septage. MOE continues to approve new sites for this practice, despite its intention of phasing it out eventually. Even land application on frozen ground is not formally prohibited by regulation, and is still allowed on a case-by-case "emergency" basis by MOE, because alternate storage capacity for septage is simply not available at times. Across Canada, a number of provinces have already banned the land application of untreated septage, including British Columbia, Manitoba, Nova Scotia, Quebec and Newfoundland and labrador. MOE evidently has a great deal of work still to do on defining acceptable treatment standards for septage that is destined for land application. Until clear rules are in place, municipalities and the private sector will be reluctant to invest in the construction of alternative treatment capacity. In the Port Rowan area of Ontario, for example, the shortage of septage disposal capacity has already resulted in steep increases in costs of septic tank pump-outs, and there are fears that some property owners may resort to illegal and environmentally damaging solutions to empty their tanks. The ECO urges MOE to accelerate action on this file, and to finalize a regulatory framework for septage that is protective of public health and the environment. (For ministry comments, see page 214.) Update: Great Lakes Water Resources Agreements The Great lakes, bordered by eight states and two provinces in the heart of North America, are the largest system of fresh surface water anywhere on planet Earth. These lakes are the lifeblood of Ontario, the source of drinking water for nearly three-quarters of Ontario's population. The Great lakes basin is home to most of the province's human population and most of its biodiversity. The lakes also provide water for power generation, transportation and manufacturing for 45 per cent of Canada's industries. We rely on them for recreation, inspiration and prosperity. In 1985, an agreement was struck between Ontario, Quebec, and the eight U.S. states that border the Great lakes (through the Council of Great lakes Governors) to address water levels and flows and the environment of the Great lakes basin. This agreement, the Great lakes Charter, committed the provinces and states to work to protect the FILE No.981 11/25 '05 15:16 ID:R. G. ROBINSON AND ASSOC FAX:705 734 0764 PAGE 1/ 1 II IIH T Olle<lI Siml:i Hubicki Associates 10 High Street B6Hie, O/)t&(io. Canada L4N 1 W1 1705) 721 9222 Fax: 1705) 734.0764 E-ma,il; Hobiosof\@fgr8.CiI www.rgra.on.ca engineers architects planners "By Fax Only" November 22, 2005 Mr, Keith Mathieson CRSI Director of Engineering & Environmental Services Township of Oro-Medonte Box 100 148 Line 7 South Oro, ON LOL 2XO Dear Keith: RE: Township ofOro-Medonte Septage Treatment Options Proposal for Engineering Services TSR Pro.ject No. 44-00000188 With reference to our meeting of November 21, 2005, we are pleased to provide you with a cost estimate for preparing a report that will address the various options that are available to the Township for dealing with septic tank waste (septage) which is generated in the Township. The report will calculate the quantities of septage that have [0 he handled and will also look at the organic concentrations of the material such that treatment options can be considered. A numher of options will be looked at, such as treatment althe Horseshoe Valley STP or the recommissioned Edgar Centre plan!, or a neW septage treatment lagoon. The report will generate capital as well as operating and maintenance COStS and will address the environmental assessment issues for each alternative. Our fee estimate for the assignment is $10,000 plus $500 for dishursements, exclusive of OST. Our estimate includes an allowance for presentation of the report to Councilor Committee, to explain the contents and respond to any queries. We would invoice you for our actual hours worked and consider $10,000 to be an upsellimit. We could commence work on this project as soon as you give us the approval to proceed and we could have the report to you in two months. If you have any questions on this proposal, please give us a call. Yours very truly, flJj,][iL IrA c.If le~{, p, Rng. I VI. CKK:jd K:Vn Proposal/> 2005\CK\Scp\<Igc 'rf~tn1Cn\ Opti(H\$.. M:a\r.icson.doc Copy: R. Rohinson A ~~,.~~~~,:~~ '~H'''''"~'' ~~~ ,P'l:-'-----~ ''''~S.$., il! C--. --~,.o~~t~- &0' - ~t- ,;,~.~.~- \.' > - 10~: ."._ iff c'"';z,2~~i~;,#-F ~ U\ \ - , TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. BD2005-20 To: Committee of the Whole Prepared By: Kim Allen Subject: Department: Building Building Report Council November 2005 C.ofW. Date: December 2, 2005 Motion # R.M. File #: Date: RolI#: II BACKGROUND: t BuildinQ Permit Update November 2005 Year to Date 2005 November 2004 Year to Date 2004 Number of Permits 46 74 Construction Value $1,797,200.00 $2,964470.00 $6725.00 $48,600.00 Part 8 Permit Fees $5,350.00 Permit Fees $21,715.89 II Analysis: C\.C.\ -d. t . 6 single family dwelling for a total of 150 to-date. (I RECOMMENDATION(S): ~ 1. THAT Report No. Bd2005-20 be received. Respectfully submitted, ~ Kim Allen Acting Director of Building/Bylaw Enforcement C.A.O. Comments: Date: CAO. Dept. Head -2- Buildina Definitions c\C\ _ Accessory Building Addition Accessory Building Accessory Building Demolition Agricultural Building Agricultural Building Addition Agricultural Building Renovation Septic - Change of Use Commercial Building Commercial Building Addition Commercial Building Demolition Commercial Building Renovation ACCADD ACCBLDG ACCDEM AGR AGRADD AGRREN ChangeUse COM COMADD COMDEM COMREN DECK DEMOLITION FIREPLACE GARAGE INDADD MISC MRES POOL PORCHCOV Covered Porch PUB Public Building SEPTIC New Septic System SFD Single Family Dwelling SFDADD Single Family Dwelling Addition SFDDEM Single Family Dwelling Demolition SFDREN Single Family Dwelling Renovation SHED SIGNS SUNROOM Industrial Addition Miscellaneous Multi-Residential ~ ~C\, ~ L\ Permit Summary Township of Oro-Medonte From 2005/01/01 t02005/12131 Totals Construction Type Outstanding Complete Deficient Cancelled Permits Value Fees ACCADD 1 0 0 2 $5,000.00 $400.00 ACCBLDG 39 4 2 0 45 $1,029,000.00 $17,670.19 ACCDEM 3 0 0 4 $2,000.00 $200.00 ACCREN 4 2 0 0 6 $52,500.00 $850.00 ADDITION 0 0 2 $160,000.00 $2,072.50 AGR 14 4 0 0 18 $453,500,00 $7,643.15 AGRADD 0 2 0 0 2 $20,000.00 $250.00 ChangeUse 34 25 0 0 59 $0.00 $4,300.00 COM 10 0 0 11 $602,000.00 $7.176.22 COMADD 2 0 0 0 2 $271,800.00 $1,800.91 COMREN 4 0 0 5 $110,000.00 $1,736.54 DECK 74 51 6 1 132 $639,403.00 $18,827.00 DEMOUTION 12 22 0 35 $77.550.00 $1,525.00 FIREPLACE 2 2 0 0 4 $8,000.00 $375.00 GARAGE 4 6 0 0 10 $313,800.00 $2,568.30 MlSC 2 0 0 3 $156,000.00 $1,519.00 MRES 4 0 20 0 24 $0.00 $4,400.00 POOL 12 19 4 0 35 $867,850.00 $1,900.00 PORCH COVER 5 0 0 6 $53,922.00 $708.04 PUB 0 0 0 $10,000.00 $606.00 RENOVATION 10 0 0 11 $171,529.00 $2,792.76 SEPTIC III 15 86 2 214 $65,250.00 $60,950.00 SFD III 2 36 150 $34,868,495.00 $325,839,87 SFDADD 39 4 0 44 $2,400,000.00 $28,006.91 SFDCU 0 0 0 $0.00 $50.00 SFDDEM 2 0 0 3 $0.00 $150.00 SFDREN 21 4 3 0 28 $483,686.00 $8,645.39 SHED 4 0 0 5 $10,500.00 $675.00 SIGNS 3 0 0 0 3 $11 ,000.00 $250.00 SUNROOM 2 0 0 0 2 $20,000.00 $290.15 Tent 7 3 4 0 14 $30,450.00 $850.00 ....."......m______ ......_..__....__m.._.____" .~m.".__....m..'_~._ .m._.~.""_'.._..m~__"_' ..._..._.."_._..~. 538 174 ]64 5 88] $42,893,235.00 $505,027.93 Friday, December 02, 2005 For Period from Saturday, January 01, to Saturday, December 31, 2005 Page 1 of 1 . Permit Summary Township of Oro-Medonte From 2005/11101 to 2005/11/30 Totals Construction Type Outstanding Complete Deficient Cancelled Permits Value Fees ACCBLDG 3 0 0 0 3 $75,000.00 $1,008.93 ACCDEM 1 0 0 0 $0.00 $50.00 AGR 2 0 0 0 2 $50,000.00 $1,040.00 ChangeUse 4 2 0 0 6 $0.00 $600.00 DECK 1 0 0 0 $1,400.00 $100.00 FIREPLACE 1 0 0 2 $0.00 $150.00 GARAGE 0 0 0 $800.00 $100.00 MISC 0 0 0 $6,000.00 $300.00 SEPTIC 14 0 2 0 16 $0.00 $5,400.00 SFD 6 0 0 0 6 $l.323,OOO.00 $10,729.56 SFDADD 3 0 0 0 3 $318,000.00 $1,998.44 SFDDEM 0 0 0 $0.00 $50.00 SFDREN 2 0 0 0 2 $23,000.00 $292.00 SHED 0 0 0 $0.00 $0.00 41 3 2 0 46 $1,797,200.00 $21,818.93 Friday, December 02, 200S For Period from Tuesday, November OJ, 2005 to Wednesday, November 30, 2005 Page 1 of1