Loading...
08 09 2006 Sp Council Agenda TOWNSHIP OF ORO-MEDONTE SPECIAL COUNCIL MEETING AGENDA COUNCIL CHAMBERS DATE: WEDNESDAY, AUGUST 9,2006 TIME: IMMEDIATELY FOLLOWING COMMITTEE OF THE WHOLE MEETING 1. OPENING OF MEETING BY THE MAYOR 2. ADOPTION OF AGENDA 3. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT" 4. MINUTES OF PREVIOUS MEETINGS: a) Minutes of Special Council Meeting of July 12, 2006. b) Minutes of Special Council Meeting #2 of July 12, 2006. 5. REPORTS OF COMMITTEES: a) Minutes of Committee of the Whole meeting held July 12, 2006. b) Recommendations of Committee of the Whole meeting held August 9, 2006. 6. BY-LAWS: a) By-Law No. 2006-075 A By-Law to Amend By-Law No. 2006-042 (A By-Law to Adopt the Estimates of all Amounts Required During the Year and for Levying the Tax Rates for the Year 2006). b) By-Law No. 2006-076 Being a By-law to authorize the execution of a Tax Arrears Extension Agreement, Roll # 4346-010-002-15758, Plan M391 Lot 29. c) By-law No. 2006-077 A By-law to amend the zoning provisions which apply to lands within Concession 4, East Part of Lot 20, (Oro), Township of Oro-Medonte, 184 Line 4 North (Campbell 2006-ZBA-07). d) By-Law No. 2006-079 A By-law to Appoint Livestock Valuers and to Repeal By- law Nos. 99-13 and 2002-097. e) By-law No. 2006-080 A By-law to Amend By-law No. 2005-144, Being a By-law to Appoint a Chief Building Official, Chief By-law Enforcement Officer and Deputy Chief Building Official/Chief By-law Enforcement Officer. 7. CONFIRMATION BY-LAW NO. 2006-078 8. ADJOURNMENT THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY.LAW NO. 2006- 075 A BY-LAW TO AMEND BY-LAW NO. 2006. 042 (A BY-LAW TO ADOPT THE ESTIMATES OF ALL AMOUNTS REQUIRED DURING THE YEAR AND FOR LEVYING THE TAX RATES FOR THE YEAR 2006). WHEREAS By-law No. 2006-042 was passed on May 17'h, 2006; AND WHEREAS the determination of the adjustments to taxes for capped classes pursuant to Section 329 of the Municipal Act, 2001 S.O. 2001, c.25, as amended, were delayed necessitating a different due date for properties with assessment in the capped classes; AND WHEREAS By-law No. 2006-042 must be amended accordingly; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1. That Section 6 be deleted in its entirety and replaced with the following: i) That the final tax bill less the interim tax bill be due and payable in two equal installments on or before Monday, July 31st, 2006 and Friday, September 29th, 2006 for properties with no assessment in the Commercial, Industrial or Multi-Residential Classes. ii) That the final tax bill less the interim tax bill be due and payable in two equal installments on or before Monday July 31", 2006 and Friday, September 29th, 2006 for properties with assessment in the Commercial, Industrial and Multi-Residential classes. 2. That this By-law come into force and take effect on and from the date of the final passing thereof for the current year 2006. Read a first and second time this 9th day of August, 2006. By-law read a third and finally passed this 9th day of August, 2006. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, J. Douglas Irwin -I THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY.LAW NO. 2006- 076 Being a By-law to authorize the execution of a Tax arrears extension agreement WHEREAS The Corporation of the Township of Oro-Medonte has registered on the 12'" day of June 2006 a tax arrears certificate against the land described in Schedule "A" attached hereto and forming part of this By-Law. AND WHEREAS Section 378 of the Municipal Act, 2001, S.O., 2001, C.25 as amended provides that a municipality may by By-law authorize an agreement with the owner of such land to extend the period of time, which the cancellation price payable on the land is to be paid. NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. THAT an agreement be entered into by the Corporation with the owner of the land described in Schedule "A" to extend the time period in which the cancellation price payable on this land is to be paid beyond June 12th, 2007. 2. THAT the agreement be substantially the same form and contain the same terms and conditions as set out in Schedule "B" attached hereto and forming part of this By-law. 3. THAT the Mayor and Clerk be authorized to enter into the agreement on behalf of the Corporation. THAT this By-law shall have effect immediately upon final passing. THE CORPORATION OF THE TOWNSHIP OF ORO.MEDONTE BY.LAW READ A FIRST AND SECOND TIME THIS 9'" DAY OF AUGUST, 2006. BY.LAW READ A THIRD AND FINAL TIME THIS DAY OF ,2006. Mayor, J. Nell Craig Clerk, J. Douglas Irwin THE CORPORATION OF THE TOWNSHIP OF ORO.MEDONTE Description of the land: Roll # 43 46 010 002 15758 SCHEDULE "A" BY.LAW NO. 2006.076 Plan M391 Lot 29 i D- THE CORPORATION OF THE TOWNSHIP OF ORO.MEDONTE SCHEDULE "B" BY.LAW NO. 2006.076 THtS AGREEMENT made in triplicate the 9th day of August, 2006. BETWEEN THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Corporation" ~and Hereinafter called the "Spouse" WHEREAS the Spouse is the spouse of the owner of the land in the Township of Oro-Medonte described in Schedule "A" attached hereto and forming part of this agreement. AND WHEREAS the said land is in arrears of taxes on the 1st day of July, 2006 in the amount of $12,020.31 and a tax arrears certificate was registered in the Registry Office on the 12th day of June, 2006 in respect of the said land. AND WHEREAS pursuant to Section 378 of the Municipal Act, 2001, S.O. 2001, C.25 as amended a municipality may by By-law, authorize an extension agreement be entered into by the Corporation with the spouse of a landowner to extend the period of time in which the cancellation price in respect to the said land is to be paid, NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and of the covenants and obligations hereinafter contained, it is hereby agreed as follows: 1. The Spouse agrees to pay to the Corporation the sum of $500.00 (five hundred) dollars monthly, payable on the last day of each and every month commencing on the 20'" day of July, 2006 to and including the 20th day of July, 2011. 2. In addition to paying the amounts provided for in Clause 1, the Spouse agrees to pay all taxes levied on the land as they become due during the tenor of this Agreement. 3. Notwithstanding any of the provisions of this Agreement, the Municipal Act, 2001, S.O. 2001, C.25, as amended, shall continue to apply to the collection and enforcement of all tax arrears and all taxes except that the Treasurer and the collector of taxes of the Corporation, without waiving the statutory rights and powers of the municipality or of the Treasurer, shall not enforce collections of such tax payments, except as set out in Clauses 1 and 2, during the time the Agreement is in force so long as the Spouse is not in default hereunder. 4. In the event the Spouse defaults in any payments required by this Agreement, this Agreement upon notice being given to the Spouse by the Corporation, shall be terminated and the Spouse shall be placed in the position he or she was before this Agreement was entered into. In the event of a default, this Agreement shall cease to be considered a subsisting agreement on the day that the notice of termination is sent to the Spouse. 5. Immediately upon the Spouse making all the payments required under paragraphs 1 and 2, this Agreement shall be terminated and, the Treasurer shall forthwith register a tax arrears cancellation certificate in respect of the said land. 6. Notwithstanding the provisions of paragraphs 1 and 2, the Spouse and any other person may at any time pay the balance of the cancellation price and upon receipt of the aforesaid payment by the Corporation, this Agreement shall terminate and the Treasurer shall forthwith register a tax arrears cancellation certificate. 7. This Agreement shall extend to and be binding upon and ensure to the benefit of the Parties and to their respective heirs, successors and assigns. Pace 2 Schedule "B" By-Law No. 2006-0'" 8. II any paragraph or part 01 paragraphs in this Agreement be illegal or unenforceable, it or they shall be considered separate and severable from the Agreement and the remaining provisions of the Agreement shall remain in force and effect and shall be binding upon the Parties hereto as though the said paragraph or paragraphs or part or parts of paragraphs had never been included. 9. Any notice required to be given to the Spouse hereunder shall be sufficiently given il sent by registered post to the Spouse at the following address: 35 Fairway Court RR1 Shanty Say ON LOL 2LO In WITNESS WHEREOF the Spouse has hereunto set his hand and seal and the Corporation has caused its Corporate Seal to be hereunto affixed, attested by its proper Officers. SIGNED, SEALED AND DELIVERED IN THE PRESENCES OF Mayor, J. Neil Craig Witness Irwi Wit ess r ~--- Witness G, - \ THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY- LAW NO. 2006-077 A By-law to amend the zoning provisions which apply to lands within Concession 4, East Part of Lot 20, (Oro), Township of Oro-Medonte, 184 Line 4 North (Campbell 2006-ZBA-07) WHEREAS the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.S.O. 1990, c.P.13; AND WHEREAS Council deems it appropriate to rezone the lands to permit the development of residential uses, in accordance with Section D2 of the Official Plan; NOW THEREFORE the Council of the Corporalion of the Township of Oro-Medonte hereby enacts as follows: 1. Schedule 'A9' to Zoning By-law 97-95 as amended, is hereby further amended by changing the zone symbol applying to the land located in Concession 4, East Part of Lot 20, in the former geographic Township of Oro, now in the Township of Oro-Medonte, from Agricultural/Rural (A/RU) Zone to the Residential One (R1) Zone as shown on Schedule 'A' attached hereto and forming part of this By-law. 2. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. BY-LAW READ A FIRST AND SECOND TIME THIS 9TH DAY OF AUGUST, 2006. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 2006. DAY OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, J. Douglas Irwin - Schedule 'A' to By-law No. 2006-077 This is Schedule 'A' to By-Law 2006-077 passed the day of , 2006, Mayor J. Neil Craig Clerk J. Douglas Irwin Iv ~ Af,IlIClltTtlllAl.cll'.IRAt IA.I!I.~ , , ~~B mAAEAlO3;:RUONEDFROM N;RICULTURAllRURk(A'R'J) TORESIOENTI.oLONE (ll') 1SO 75 - - 150M.,,,, TOWNSHIP OF ORO-MEDONTE THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2006-079 ~ ~ \ A By-law to Appoint Livestock Valuers and to Repeal By-law Nos. 99-13 and 2002-097 WHEREAS the Livestock, Poultry and Honey Bee Protection Act, R.S.O. 1990, Chapter L.24, as amended, Section 4(1) provides that Councils shall appoint one or more persons as valuers of livestock and poultry for the purposes of the Act; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That the individuals outlined on Schedule "A", attached hereto and forming part of this by-law, be appointed Livestock Valuers for the Township of Oro-Medonte; 2, That the remuneration paid to Livestock Valuers be $60.00 per claim call plus the current rate of mileage as paid by the Township; 3. That By-law Nos. 99-13 and 2002-097 are hereby repealed in their entirety; 4. This by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 9TH DAY OF AUGUST, 2006. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 2006. DAY OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Nell Craig Clerk, J. Douglas Irwin Schedule" A" to By-law No. 2006-079 for The Corporation of the Township of Oro-Medonte Livestock Valuers Andrew McNiven Mark Vandergeest Michael Vandergeest THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2006-080 A By-law to Amend By-law No. 2005-144, Being a By-law to Appoint a Chief Building Official, Chief By-law Enforcement Officer and Deputy Chief Building Official/Chief By-law Enforcement Officer e. WHEREAS the Building Code Act, 8.0. 1992, c.23, as amended, provides that Councils shall by By-law appoint such inspectors as are necessary for the purposes of the enforcement of the Act; AND WHEREAS the Municipal Acl, 8.0. 2001, c. 25, Section 224, as amended, provides that the role of Council is to ensure that administrative practices are in place to implement the decisions of Council; AND WHEREAS Council of the Township of Oro-Medonte did, on the 21" day of December 2005, enact By-law No. 2005-144 to appoint a Chief Building Official, Chief By-law Enforcement Officer and Deputy Chief Building Official/Chief By-law Enforcement Officer; AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte does now find it expedient to appoint a Deputy Chief Building Official/Deputy Chief By-law Enforcement Officer to act, under the direction of the Chief Administrative Officer and/or his/her designate, in the absence of the Chief Building Official/Chief By-law Enforcement Officer and the Deputy Chief Building Official/Chief By-law Enforcement Officer; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That By-law No. 2005-144 be amended by the addition of the following to Section 2: 2.1 That Sherri-Lynn Moore is hereby appointed Deputy Chief Building Official/Deputy Chief By-law Enforcement Officer in the absence of the Chief Building Official/Chief By-law Enforcement Officer and the Deputy Chief Building Official/Chief By-law Enforcement Officer and shall carry out the duties and responsibilities, as defined in the Building Code Acl and Municipal By-laws, of the Chief Building Official/Chief By-law Enforcement Officer. 2.2 That Brian Bell is hereby appointed Deputy Chief Building Official/Deputy Chief By-law Enforcement Officer in the absence of the Chief Building Official/Chief By-law Enforcement Officer and the Deputy Chief Building Official/Chief By-law Enforcement Officer and shall carry out the duties and responsibilities, as defined in the Building Code Act and Municipal By-laws, of the Chief Building Official/Chief By-law Enforcement Officer. 3. This by-law shall take effect on the 20th day of July 2006. BY-LAW READ A FIRST AND SECOND TIME THIS gT" DAY OF AUGUST, 2006. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 2006. DAY OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, J. Douglas Irwin \ \ THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2006-078 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE SPECIAL COUNCIL MEETING HELD ON WEDNESDAY, AUGUST 9,2006 THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE HEREBY ENACTS AS FOLLOWS: 1. THAT the action of the Council at its Special Council Meeting held on Wednesday, August g, 2006, and in respect to each Motion, Resolution and other actions passed and taken by the Council at Its said Meeting is, except where prior approval of the Ontario Municipal Board is required, hereby adopted, ratified and confirmed. 2. THAT the Mayor and the proper Officials of the Township are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary on behalf of the Council of the Corporation of the Township of Oro-Medonte, And, the Clerk is hereby authorized and directed to affix the corporate seal to all said documents. BY-LAW READ A FIRST AND SECOND TIME THIS 9th DAY OF AUGUST, 2006_ BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 9th DAY OF AUGUST, 2006. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Nell Craig Clerk, J. Douglas Irwin