09 20 2006 Council Agenda
TOWNSHIP OF ORO-MEDONTE
COUNCIL MEETING AGENDA
COUNCIL CHAMBERS
DATE: WEDNESDAY, SEPTEMBER 20,2006
TIME: 7:00 P.M.
.........................................................................................................................
1. OPENING OF MEETING BY THE MAYOR
2. PRAYER/CONTEMPLATION/REFLECTION
3. NOTICE OF ADDITIONS
4. ADOPTION OF AGENDA
5. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF - IN ACCORDANCE WITH THE ACT"
6. MINUTES OF PREVIOUS MEETINGS:
a) Minutes of Council Meeting of September 6, 2006.
7. RECOGNITION OF ACHIEVEMENTS:
a) Jerry Ball, Public Works Superintendent, Water Conservation Award, Lake Simcoe
Region Conservation Authority's 2006 Conservation Awards.
b) Margaret Prewer, Patsy Booth, Parks and Recreation Staff.
8. PUBLIC MEETINGS:
None.
9. DEPUTATIONS:
None.
10. CONSENT AGENDA CORRESPONDENCE:
a) Nottawasaga Valley Conservation Authority, minutes of June 9, 2006 meeting.
Staff Recommendation: Receipt.
b) Lake Simcoe Region Conservation Authority, minutes of June 23,2006 meeting.
Staff Recommendation: Receipt.
c) Nancy Green, Community Resources Co-ordinator, The Children's Aid Society of the
County of Simcoe, correspondence re: Proclamation Request, October, "Child Abuse
Prevention Month".
Staff Recommendation: Receipt, Proclaim, Post on Township's Website.
d) Gayle Wood, CAO, Lake Simcoe Region Conservation Authority, correspondence
dated September 5, 2006 re: Novae Res Urbis - Wednesday June 21, 2006 - Vol 9 -
No. 25 Article: "New Evidence Surfaces in Moon Point case" and Ontario Municipal
Board Hearing Decision - Dated August 11, 2006.
Staff Recommendation: Receipt.
** ITEM 15a) WILL BE DISCUSSED AT THIS TIME **
11. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN:
a) Brought by Councillor Fountain, September 6, 2006.
"That the Oro-Medonte Council supports in principle the Moon Point Homeowners'
Association's request to the Ministry of Natural Resources for a wetland assessment
of the Moon Point property".
12. REPORTS OF MUNICIPAL OFFICERS:
None.
13. REPORTS OF COMMITTEES:
a) Committee of the Whole minutes, meeting held on September 13, 2006.
14. COMMUNICATIONS:
a) Gayle Wood, CAO, Lake Simcoe Region Conservation Authority, correspondence
dated August 30, 2006 re: Lake Simcoe Region Conservation Authority's 2006
Conservation Awards.
15. IN-CAMERA:
a) Jennifer Zieleniewski, CAO, re: Legal Matter.
b) Jennifer Zieleniewski, CAO, re: Legal Matter.
c) Jennifer Zieleniewski, CAO, re: Property Matter.
d) Jennifer Zieleniewski, CAO, re: Personnel Matter.
e) Jennifer Zieleniewski, CAO, re: Property Matter.
16. BY-LAWS:
a) By-Law No. 2006-086 A By-law to permanently close and sell the Road Allowance
known as Park Drive, Registered Plan 626 (PIN#74040-
0257(Lt), (geographic Township of Oro), Township of Ora-
Medonte more particularly described as Parts 1 and 2,
Registered Plan 51 R-34831, Township of Oro-Medonte,
County of Simcoe.
b) By-Law No. 2006-087 Being a By-law to Provide for the Giving and Changing of
Names to Highways within theTownship of Oro-Medonte
(Atlantis Drive).
c) By-Law No. 2006-088 Being a By-Law to Amend By-law No. 2004-028 To Authorize
a Decrease in the Speed Limit on Certain Roads Within the
Township of Oro-Medonte.
17. CONFIRMATION BY-LAW NO. 2006-085.
18. QUESTIONS AND ANNOUNCEMENTS
19. ADJOURNMENT
C'11
ltd"',
ADDENDUM
COUNCIL MEETING
Wednesday, September 20, 2006
14. COMMUNICATIONS:
b) Gary Bell, Skelton Brumwell & Associates Inc., correspondence dated September
15,2006 re: Citizen Liaison Committee on Hillway Equipment Ltd., 12th Line Pit.
f
August 30, 2006
Mr. Jerry Ball, C.R.S.S. & The Township ofOro-Medonte
140 Line 7 South, Box 100
Oro Medonte, ON
Tel: 905.895.1281 LOL 2XO
1.800.465.0437
Fax: 905.853'5881
E-Mail: info@lsrca.on.ca Dear Team:
Web: www.lsrca.on.ca
120 Bayview Parkway
Box 282
Newmarket, Ontario
L3Y 4Xl
Watershed
Life
RE: Lake Simcoe Rel!ion Conservation Authority's 2006 Conservation Awards
Your efforts has been nominated for Lake Simcoe Region Conservation Authority's 2006
Water Conservation Award. While the winners of this year's six Conservation Awards are
to be announced at a November Gala, we would like to ensure that all nominees attend the
event so that they may be recognized for their contributions to a healthy Lake Simcoe
watershed.
Brook Piotrowski, the LSRCA Environmental Project Co-ordinator, has nominated you for
the Water Conservation Award in recognition of your effort and dedication to restore Burl's
Creek. This Award is one of six issued by the Conservation Authority at its Annual
Conservation Awards Gala. Close to 130 watershed residents, community leaders and
elected officials are expected to attend this year's event which is set to take placc at
Georgian Downs in Innisfil from 7:00 to 9:00 p.m. on Thursday, October 12th.
Our mission is to provide leadership in the restoration and protcction of the environmental
health and quality of Lake Simcoe and its watershed with our community, municipal and
other government partners. It is with great pleasure that we host the Conservation Awards
Gala, to salute you and other "Environmental Giants" from across the Lake Simcoe
watershed.
We hope you can join us in Innisfil on October 12th, so that you can be recognized for the
great work you have done.
Please do not hesitate to contact Lori Gilkes ;:vith any questions or concerns you may have.
She can be reached at (905)895-1281, ext. 242.
Yours truly,
~/.7/
-~~()
R y~rrtfg~/ .
Chair
:lgil
enclosure
c. Paul Marshall, LSRCA Board Member
Brook Piotrowski, LSRCA Staff
TOWNSHIP OF ORO-MEDONTE
TO:
Mayor and Members of Council
FROM:
Jennifer Zieleniewski, CAO.
DATE:
September 11 , 2006
SUBJECT:
Parks and Recreation Staff
I wish to make Council aware of the commitment of two employees of the Corporation.
Margaret Prewer, who is the Technical Support person in the Recreation Department,
has been filling in, where possible, for the Manager of Recreation and Community
Services to keep the Township's numerous programs up and running. Thanks to
Margaret, the Township is in a position to offer Fall programs to residents. Marg has
put in many hours of overtime to ensure this service is available in addition to making
certain that her regular duties as Technical Support were carried out.
The other person who has shown initiative and commitment is Patsy Booth. Patsy was
hired by the Corporation in a contract position to back up the Receptionist when
needed. She was "trained" by Marg to fill in when Marg was on vacation in England and
has stayed on to help with program sign up, etc. Patsy was also involved in the Brewis
Park dedication.
It is encouraging to work with two employees who understand the benefits of a "team"
environment. Thank you for the recognition of their efforts.
r~
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N.V.C.A. FULL AUTHORITY MEETING #06/06
MINUTES
Date:
Location:
Friday. 9 June 2006
Tiffin Centre for Conservation - John L. Jose Environmental Learninq Centre
PRESENT:
Chair:
Vice Chair:
Members:
Mary Brett
Orville Brown
Chris Carrier
Bob Currie
Lynn Dollin
Tom Elliott
Ralph Hough
Bob Marrs
Garry Matthews
Ross Money
Gord Montgomery
Brian Mullin
Gerald Poisson
George Sheffer
Joan Sutherland
Robert Walker
Barry Ward
Fred Nix
Walter Benotto
Town of Mono
T own of Shelburne
Township of Adjala-Tosorontio
Township of Clearview
Town of Collingwood
Township of Amaranth
Town of Innisfil
Township of Springwater
Township of Oro-Medonte
Town of New Tecumseth
Township of Melancthon
Township of Springwater
Township of Mulmur (arrived at 9:14)
Municipality of Grey Highlands
City of Barrie
Town of Wasaga Beach
Town of New Tecumseth
Township of Clearview
City of Barrie (arrived at 9:10 am.)
REGRETS:
Sandra Cooper
Terry Dowdall
Wayman Fairweather
Ruth Fountain
Ron Henderson
Mike McWilliam
Ron Simpson
Town of Collingwood
Township of Essa
T own of the Blue Mountains
Township of Oro-Medonte
Township of Essa
Town of Wasaga Beach
Town of Bradford West Gwillimbury
STAFF PRESENT:
CAO/Secretary- Treasurer
Manager of Administration & Human Resources
Director of Engineering & Tech Services
Director of Land & Water Stewardship Services
Director of Planning
Manager Policy and Planning Regulations
Wayne R. Wilson
Susan Richards
Glenn Switzer
Byron Wesson
Charles Burgess
Bev Booth
RECORDER: Laurie Barron. Administrative Assistant
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FULL AUTHORITY MINUTES
MEETING No: 06-06
9 June, 2006
.2-
1. MEETING CALLED TO ORDER
Fred Nix. Chair called the meeting to order at 9:00 a.m.
ANNOUNCEMENTS
r The Chair reminded the Board Members that the Minesing Unplugged Festival will be
held on Saturday June 10/06. Everyone is encouraged to attend this fun filled day in
support of the Minesing Wetlands.
r A reminder to all Board Members tc RSVP regarding the Staff/Member BBO to be held
on August 11/06 immediately following the Full Authority meeting.
2. MOTION TO ADOPT AGENDA
RES#1
MOVED BY: Robert Walker
SECONDED BY: Orville Brown
RESOLVED THAT: The Agenda for Full Authority Meeting #06/06, dated 9 June 2006. be
adopted.
Carried;
3. PECUNIARY INTEREST DECLARATION
None declared
4. MINUTES
4.1 Minutes of Full Authority Meeting 05-06, dated 12 May. 2006.
RES#2
MOVED BY: George Sheffer
SECONDED BY: Robert Walker
RESOLVED THAT: The Minutes of Full Authority Meeting 05-06, dated 12 May, 2006. be
approved.
Carried;
4.2 Draft Minutes of the Executive Committee Meeting 06-06. dated 26 May, 2006.
RES#3
MOVED BY: Tom Elliott
SECONDED BY: Ross Money
RESOLVED THAT: The Draft Minutes of the Executive Committee Meeting 06-06. dated 26
May, 2006, be received.
Carried;
FULL AUTHORITY MINUTES
MEETING No: 06-06
9 June, 2006
- 3-
5. BUSINESS ARISING FROM MINUTES
r The Chair advised that the Assimilative Capacity Study update deputations planned for
Simcoe and Grey Counties have been deferred at the request of the Province until the
ACS study results have been approved for release by the Ministry of the Environment.
It is anticipated that this will be completed by early Fall.
The deputations to the Dufferin County municipalities will proceed providing an update
on the proposed joint Municipal and Conservation Authority Headwaters Source
Protection Pilot Study.
r The Chair requested that the survey distributed at the last meeting of the Full Authority
regarding future presentation to municipal councils, be completed and returned to
Susan Richards. Manager of Administration and Human Resources.
6. FINANCIAL REPORT
Statement of Operations Summary for the Period ending April 30,2006.
RES#4
MOVED BY: Ross Money
SECONDED BY: Tom Elliott
RESOLVED THAT: The Statement of Operations Summary for the Period ending 30 April,
2006, be received.
Carried;
7. NEW BUSINESS
r Byron Wesson, Director of Land and Water Stewardship Services reminded the Full
Board that the Ian Lang Memorial Trail Dedication will be held on June 23/06. 3:00
p.m. at the Nottawasaga Bluffs.
r Joan Sutherland, Board member representing the Town of New Tecumseth
announced that the New Tecumseth Trail has been officially recognized as part of the
Trans Canada Trail.
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FULL AUTHORITY MINUTES
MEETING No: 06-06
9 June, 2006
-4 -
8. CORRESPONDENCE
(a) Ministry of the Environment News Release dated April 29, 2006 re: Government
of Ontario invests in helping well owners keep drinking water safe and clean.
(b) Copy of NVCA Regulation of Development, Interference with Wetlands and
Alterations to Shcrelines and Watercourses. Ontario Regulation 172/06 under the
Conservation Authorities Act, approved May 4. 2006.
(c) Correspondenoe sent to the District Manager. Southern District of Fisheries and
Ooeans Canada re: Protection of the Silver Creek Wetland dated May 4/06 with
attached letter from Blue Mountain Watershed Trust dated Nov 30/05 regarding
the sighting of a spotted turtle in this wetland.
(d) Copy of correspondence sent from Conservation Ontario to the Emergency
Management Policy Officer at MNR dated May 5106 re: Issuance of a Policy and
Procedural Directive tc MNR field organization providing clear direction with
respect to the decision to not issue approvals under the Lakes and Rivers
Improvement Act,
(e) Copy of letter sent from Clearview Township to the Honourable Dalton McGuinty
dated May 15/06 re: Downloading of Programs to local Conservation Authorities.
with a copy of a resolution from the Township of Adjala-Tosorontio regarding this
issue.
(f) Ministry of the Environment correspondence dated May 5/05 re: Conservation
Authorities Moraine Coalition accomplishments.
(9) Ministry of Natural Resources correspondence dated May 5, 2006 re: Greenbelt
Plan Natural Heritage Features data.
(h) Correspondence from Lake Simcoe Region Conservation Authority dated May
11/06 re: Resolution regarding the Natural Heritage System Land Acquisition
Project.
(I) Correspondence sent to Mayor Garry Matthews from NVCA Chair Fred Nix dated
May 30/06 re: Dufferin Pilot Studies. Comments from Garry Matthews.
RES#5
MOVED BY: Ralph Hough
SECONDED BY: Gerald Poisson
RESOLVED THAT: Correspondence not specifically dealt with be place on file.
Carried;
~~
FULL AUTHORITY MINUTES
MEETING No: 06-06
9 June, 2006
- 5-
9. FUTURE MEETINGSIEVENTS:
, Executive Meeting - June 23106
, Ian Lang Memorial Trail Dedication - June 23106
(Nottawasaga Bluffs. 3 p.m.)
, Full Authority Meeting - August 11106
(Reminder: the Full Authority does not meet in July)
10. ADJOURN TO ADVISORY COMMITTEES
RES#6
MOVED BY: Ralph Hough
SECONDED BY: Gerald Poisson
RESOLVED THAT: This meeting of the Full Authority adjourn at 9:16 a.m. to meet again at
the call of the Chair.
Carried;
Fred Nix, N.V.C.A. Chair
W. Wilson, C.A.O.lSecretary-Treasurer
Dated on the 11'h day of August, 2006
"
LAKE SIMCOE REGION CONSERVATION AUTHORITY
MEETING NO. BOD-06-06
Friday, June 23, 2006 - 9:00 a.m
LSRCA - Boardroom
MINUTES
Members Present:
Councillor V. Hackson, Vice-Chair
Councillor G. Davidson
Councillor B. Drew
Mayor R. Grossi
Councillor B. Huson
Councillor P. Marshall
Councillor M. Nanowski
Councillor J. Rupke
Regional Councillor S. Self
Mayor K. Shier
Mayor J. Young
Staff:
D. Gayle Wood, C.A.O./Secretary-Treasurer
B. Kemp, Director, Conservation Lands
M. Valcic. Director, Corporate Services
P. Davies, Manager, Watershed Stewardship
T. Hogenbirk, Manager. Engineering & Technical
Services
J. Hosick. Manager, Planning
M. Mironov. Manager, Accounling
J. Bennett. GIS Technician
P. Du, Dala Base Analyst
T. Chung, Environmental Planner
C. Currie. Jr. Environmental Planner
I. Walker, Environmental Planner
G. Casey, Recording Secretary
Regrets:
Councillor Roy Bridge. Chair
Mr. E. Bull
Councillor K. Ferdinands
Councillor J. Moore
Councillor Neal Snutch
G.R. Richardson, Honourary Member
Mayor R. Stevens
Mayor T. Taylor
Councillor J. West
Others:
K. MacKenzie, Lake Simcoe Conservation
Foundation
D. Ingram
G. Cook. Cook Consulting Engineers Limiled
Vice Chair Virginia Hackson chaired this meeting in the absence of Chair Roy Bridge.
DECLARATION OF PECUNIARY INTEREST
None identified for the record of this meeting.
II APPROVAL OF AGENDA
Moved by:
Seconded by:
K. Shier
M. Nanowski
BOD-06-95
RESOLVED THAT the content of the Agenda be
approved as amended to include the Tabled Items
and Other Business agenda.
CARRIED
~ Lake Simcoe Conservation
~~ Board of Direcfors'
~ BOD-OS-OS - Minufes
Page 2
June 23, 200S
III ADOPTION OF MINUTES
(a) Board of Directors
Moved by:
Seconded by:
S. Self
J. Young
BOD-06-96
RESOLVED THAT the minutes of the Board of
Directors' meeting No. BOD-05-06 be adopted as
printed.
CARRIED
N ANNOUNCEMENTS
(a) Introduction of Planninq Staff
Three of the Authority's Environmental Planners were present for introductions to
the Board.
. Tammy Chung - Environmental Planner - City of Barrie, Town of Bradford West
Gwillimbury, Township of King and Town of Caledon;
. Ian Walker - Environmental Planner - Town of Aurora, Town of East Gwillimbury
and Town of Whitchurch-Stouffville;
. Chris Currie - Jr. Environmental Planner/GIS.
(b) Lake Simcoe Conservation Foundation / Maqna Hoe Down
Kimberley MacKenzie, Executive Director, Lake Simcoe Conservation Foundation,
announced that the Foundation has been chosen as one of the Foundations to
benefit from the Magna Hoe Down which will be held September 16 and 17, 2006.
Kimberley advised that in order to participate the Foundation must bring 25
volunteers to the event, sell thirty tickets and 1200 raffle tickets. Kimberley
requested support from the Authority's Board in purchasing their tickets from the
Foundation and further requested that if there is opportunity to have venues in the
watershed municipalities to sell raffle tickets to please advise Kimberley.
Participation in the Magna Hoe Down is a great opportunity for the Foundation and
the Authority.
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Lake Simcoe Region Conservaticm
Board of Directors'
800-06-06 Minutes
Page 3
June 23, 2006
V HEARINGS
(a) 27 Nicholson Drive, Lot 15, Plan 733, Lot 34,
Concession 6. Township of Uxbridqe
The Authority's Solicitor, Ken Hill, Hill Hunter Losell, was present at the meeting and
provided the Board with an overview of their role in this hearing advising that the
onus is on the applicant to prove that their application for permit has no negative
impact on the environment. Mr. Hill further advised that he will remain present
throughout the hearing to provide guidance related to procedure and how best to
conduct the hearing.
Vice Chair Hackson read out the "Hearing Remarks".
The Board dealt with Staff Report No. 34-06-BOD which was presented by the
Director, Watershed Management. The main concern of staff is that the property is
subject to 1.2 metres of flooding and there is no safe access to the property which
is a concern related to individuals living in the structure.
The Board was advised that a permit for the replacement of the septic system was
approved because the septic system on the property failed. The Board was further
advised that Authority staff do not recognize this as a residential building and cannot
support the application due to cumulative impact. Other applications for similar
works have been received from the surrounding area which have been denied.
Councillor Self advised that during the 1980's this property was zoned as seasonal.
However, over time more properties became occupied on a more regular basis
which resulted in these properties being defined as shoreline residences both
seasonal and permanent. The Township of Uxbridge recognizes residential use of
this property in their zoning by-law today.
Councillor Self reminded the Board that in 1994 the Authority's Board made a
decision to approve this application conditionally. The decision directed the removal
of the additional out buildings on the property. Councillor Self asked if those out
buildings were removed today, if that would compensate for flood storage capacity?
The Director, Watershed Management responded that the concern is safe access
to this property, a concern that would remain even if the out buildings were
removed. The road to this property is subject to .9 metres of flooding resulting in
emergency vehicles not being able to access the site.
Mr. Greg Cook, Cook Consulting Engineers Limited presented to the Board on
behalf of property owner Mr. Dave Ingram.
Mr. Cook asked if the 1.2 meters of flooding would be from a weir effect?
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Q)JJi lake Simcoe Conservetion Autilority
_.. ':', Board of DIrectors' tv1eettng
800-06-06 - Minutes
4
June 23, 2006
The Manager, Engineering and Technical Services advised that it could be a
combination of a wier and flow of a bridge structure. There is an incremental
difference from a weir effect and this would be the worse case scenario should the
water not be able to go under the road. This is difficult to characterize and a concern
is that the weir might kick in sooner than one would hope.
Mr. Cook questioned if this is the worse case scenario in terms of what the concern
is for floodplain management?
The Manager, Engineering and Technical Services responded that ifthe Hurricane
Hazel storm event could happen once it could happen again. In August 2005, the
storm event in Toronto exceeded Hurricane Hazel in terms of velocity vs. time
resulting it the event being a more severe storm. In terms of severity and dynamics,
Hurricane Hazel had a great loss of life. There was no loss of life in August 2005
which is a testament that this policy to keep people out of the floodplain is working.
The CAO advised that the Policy created from the Hurricane Hazel storm event has
three objectives:
(1 ) Prevent loss of life,
(2) Prevent property damage,
(3) Prevent social disruption.
Mr. Ingram clarified that the replacement of the septic system referred to earlier was
actually a replacement of a composting toilet. There was never a septic system on
the property.
Mr. Cook reviewed some property photographs for the Board followed by a
presentation from Mr. Ingram which included a chronological review of the
application process. Mr. Ingram advised that he is hoping to increase the size of the
building on this property in order to use it as a rental property.
In closing Mr. Cook requested the Board be fair and reasonable in their
consideration of this request.
Moved by:
Seconded by:
J. West
J. Young
BOO-06-97
RESOLVED THAT Staff Report No. 34-06-800
regarding approval for the landowner to build a
second storey addition on an existing "structure"
within the floodplain be received; and
Q) Lake Simcoe Region Consorvation
_ _ Board of Directors' Meeting
BOD-06-06 - Minutes
o
June 23< 2006
FURTHER THAT the Board of Directors deny the
application for building expansion to the landowner
at 27 Nicholson Drive, Lot 15, Plan 733, Lot 34,
Concession 6, Township of Uxbridge due to the
severe nature of flooding on the property, in
accordance with Section 7.1(a) of the Authority's
Watershed Development Policy.
10 in favour
1 opposed
CARRIED
Councillor Self requested a review of the approval of septic systems as such
approval implies acceptance that use of the property is being recognized when the
permit is issued. Councillor Self would like to know if there is a way to dovetail the
septic approval with the planning process.
Moved by:
Seconded by:
S. Self
K. Shier
BOD-06-98
RESOLVED THAT staff be directed to review the
approval of septic systems to ensure the process
be dovetailed with the planning review and
regulation review process.
9 in favour
2 opposed
CARRIED
VI DELEGATIONS
There were no delegations scheduled for this meeting
VII PRESENTATIONS
(a) Vulnerable Features in the Floodplain
Janice Bennet, GIS Technician and Peng Du, Data Base Analyst provided a
presentation regarding vulnerable features in a floodplain which is a database that
will provide increased detail of structure locations, more accurate prediction of the
scale of impact on structures during flooding events: and increase speed and clarity
of communication in the event of a significant storm event.
-
June 23, 2006
Q)a Lake Simcoe Region Conservation
_. ... Board of Directors'
BOD-06-06 - Minutes
6
Once completed, this database will provide better support to watershed
municipalities in relation to their obligation under the Emergency Management Act.
Director, Watershed Management congratulated staff on the work done on this
project.
Moved by:
Seconded by:
BOD-06-99
CARRIED
XII CLOSED SESSION
Moved by:
Seconded by:
BOD-06-100
CARRIED
Moved by:
Seconded by:
BOD-06-101
CARRIED
(a) Leaal Matters
Moved by:
Seconded by:
BOD-06-102
CARRIED
J. Young
J. Rupke
RESOLVED THAT the presentation on Vulnerable
Features in the Floodplain presented by Janice
Bennet, GIS Technician and Peng Du, Data Base
Analyst be received for information.
K. Shier
J. Young
RESOLVED THAT the Authority's Board of Directors
move to Closed Session to discuss confidential
personnel and legal matters.
B. Drew
J. West
RESOLVED THAT the Authority's Board of Directors
rise from Closed Session and report their progress.
J. Rupke
J. Young
RESOLVED THAT the confidential letter dated June
22, 2006 from Beard Winter, LLP, be received and
the recommendations contained therein be
approved.
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June 23, 2006
~ Lake Sirncoe Region Conservation
_' Board of Direotors' Meeting
BOD-06-06 - Minotes
Page 7
(b) Minutes - Administrative Committee
Moved by:
Seconded by:
BOD-06-103
CARRIED
J. West
S. Self
RESOLVED THA Tthe minutes ofthe Administrative
Committee meeting held on June 21, 2006 be
approved as printed and circulated.
VIII DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION
Items 6, 7 and 10 were identified for discussion.
IX ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION
Moved by:
Seconded by:
SOD-06-104
CARRIED
J. West
S. Drew
RESOLVED THAT the following recommendations
respecting the matters listed as "Items Not
Requiring Separate Discussion" be adopted as
submitted to the Board and Staff be authorized to
take all necessary action required to give effect to
same.
1. Fill. Construction & Alteration to Waterways Applications
CARRIED
RESOLVED THAT applications under Section 28 of
the Conservation Authorities Act and Ontario
Regulation 179/06 be received and approved.
2. Plannina Monthlv Trackina Report
RESOLVED THAT Staff Report No, 41-05-BOD
regarding the Planning monthly subdivision and
planning/permit application tracking be received for
information.
CARRIED
3. Correspondence (3 a, b, c, d, e, f, g and h)
RESOLVED THAT the correspondence listed in the
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Q)I Lake Simcoe Region Conservation
~l!. Board or Direcrors'
~ BOD,06,06, Minutes
8
June 23, 2006
April 28, 2006 Agenda as Items 3 (a,b,c,d e, f, and g)
be received for information.
RESOLVED THAT the Board of Directors formally
thank the Ontario Heritage Foundation for
contributing $60,800 to the Beaver River Wetland
Acquisition; and
FURTHER THAT the Region of Durham be requested
to contribute 50% of this funding, or $30,400.
CARRIED
4. Monthlv Communications Update
RESOLVED THAT the Monthly Communications
Update, for the period May 1 to 31, 2006, be
received for information.
CARRIED
5. Budaet Status Report
RESOLVED THAT Staff Report No. 35-06-BOD
regarding the Authority Budget Status forthe period
ending April 30, 2006, be received.
CARRIED
8. Consultant Selection - Source Water Protection
Web Site Development
RESOLVED THAT Staff Report No. 38-06-BOD
regarding Consultant Selection for undertaking the
Source Water Protection 'Web Site Development'
project be received for information; and
FURTHER THAT staff enter into negotiations with JR
Shooter Inc. to complete the project at an upset limit
of $30,685.
CARRIED
~ Lake Simcoe Reg ion Conservation
_.' ". Board of Directors < MeetinG
~ BCD~06~06 _ Minutes v
9
June 2006
9. Consultant Selection
Geolooical Modelino and Groundwater Modelino
RESOLVED THAT Staff Report No, 39-06-BOO
regarding Consultant Selection for undertaking the
Source Water Protection 'Geological Modeling' and
'Groundwater Modeling' projects be received; and
FURTHER THAT staff enter into negotiations with
Jagger Hims Limited for the 'Geological Modeling'
project, and the recommended consultant for the
'Groundwater Modeling' project.
CARRIED
X CONSIDERA TION OF ITEMS REQUIRING SEPARA TE DISCUSSION
6. East Holland River
The Board dealt with Staff Report No. 36-06-BOD regarding the East Holland River
Stewardship Landowner Stewardship Initiative and Workplan.
It was confirmed that the position of Watershed Coordinator is included in the 2006
budget and that the Lake Simcoe Conservation Foundation has committed to
provide funding for the second position. It is the Authority's intention to add a
Watershed Coordinator each year (2006-2009) until there are four positions.
Moved by:
Seconded by:
B. Drew
J. Young
BOD-06-105
RESOLVED THAT Staff Report No. 36-06-BOO
regarding the East Holland River Stewardship
Landowner Stewardship Initiative and Workplan be
received for information; and
FURTHER THAT the Board of Directors approve
staff's recommendation to proceed with this
partnership initiative.
CARRIED
\0
~
June 23. 2006
Q)~I Lake Simcoe Conservation Authority
_ . Board ot Directors'
BOD-06-06 Minutos
10
7. Permit Renewals
The Board dealt with Staff Report No. 37-06-BOD regarding the process to renew
permits under Regulation 179/06.
It was advised that permits issued under the past regulation allowed for renewals if
the application for renewals was submitted within three months of the expiry date. A
maximum of two renewals was permitted with each being valid for one year.
Under the new Regulation 179/06, renewals are not allowed and all permits issued
are valid for two years.
Moved by:
Seconded by:
BOD-06-106
CARRIED
B. Drew
J. West
THAT Staff Report No. 37 -06-BOD regarding the process to
renew permits be approved; andTHAT if a renewal request
is received by the Authority for a permit which was issued
under the old regulation (dated April 28, 2006 or earlier), the
Authority will issue a new permit under Regulation 179/06
if the following conditions are met:
a) the request be received within 3 months of the expiry
date of the existing permit; and
b) a significant change to the works is not proposed; or
c) significant impacts on environmentally sensitive areas
are not expected; or
d) there is not a significant hazard at the subject
development site.
AND FURTHER that a application fee in the amount of $250
be charged.
10. Collaborative Research Proiect InvestiQatinQ the GeoloQical, HvdroQeoloQical.
Paleo-Climate and Nutrient History of Lake Simcoe
The Board dealt with Staff Report No. 40-06-BOD regarding Collaborative Research
Project Investigating the Geological, Hydrogeological, Paleo-Climate and Nutrient
History of Lake Simcoe.
Moved by:
Seconded by:
J. Young
B. Huson
Lake Simcoe Region Conservation
Board of Directors'
BOD,06,06 ,Minutes
11
June 23, 2006
BOO-06-107:
RESOLVED THAT Staff Report No. 40-06-BOD
regarding Collaborative Research Project
Investigating the Geological, Hydrogeological, Paleo-
Climate and Nutrient History of lake Simcoe be
received; and
FURTHER THAT the BOD approve the Authority's
participation in and funding contribution of
Collaborative Research Project Investigating the
Geological, Hydrogeological, Paleo-Climate and
Nutrient History of lake Simcoe.
CARRIED
XI OTHER BUSINESS
No Other Business was identified.
XII ADJOURNMENT
Meeting adjourned at 11 :35 a.m. on a motion by M. Nanowski.
original signed by:
original signed by:
D. Gayle Wood, CMM III
Chief Administrative Officer
V. Hackson
Vice-Chair
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(~~THE CHILDREN'S AID SOCIETY
~4' i<< ~~~ OF THE COUNTY OF SIMCOE
",~J'l1!:M)i\;i?
......__._~~
September 2006
RtC\:\\IfU\
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.tJ\t:.OON1'E. \
Of\~OWNSI-I\!'-'
Mayor J. Neil Craig
The Township ofOro-Medonte
Box 100, 148 Line 7 South
Oro, ON LOL 2XO
Dear Mayor Craig:
October is Child Abuse Prevention Month in Ontario. The Children's Aid Society of the County of Simcoe is
participating in the 14th annual province-wide Child Abuse Prevention Campaign. The campaign is symbolized by
the wearing of a purple wristband with the URL for the website entitled "useyourvoice,ca". This website has been
developed to assist the public in understanding the issne of child abuse and their responsibility to report it.
During the month of October we will be endeavouring to educate our communities on the issues surrounding child
abuse, including neglect, of children and the mandate of the Children's Aid Society. To highlight our work, purple
"useyourvoice.ca" wristbands and information will be widely distributed throughout Simcoe County. We need
our communities to be our partners in ensuring the well being of our children.
Lasl year twelve area councils officially proclaimed the month of October as "Child Abuse Prevention Month".
We respectfully request that your council join thc othcr councils and make the same proclamation for the month
of Octobcr 2006.
I will forward an information package containing wristbands to your office at the end of September. If you have
any questions, wish to order additional materials or arrange for someone to speak on these issues, please call me
at 726-6587 ext. 228.
I thank you for your continued support of this campaign.
Respectfully .
~
Nancy Green
Community Resources Co
'11ie wetl6eing of our cliifd'ren is everyone's responsi6iJity.
if you Iiave a concern a60ut a cliifd; ca/f us. 'We are /izre to liefp.
/60 Bell Farm Road, Unit #7, Barrie, Ontario, L4M 506 Telephone: (705) 726-6587 or (800) 46lA236 Fax: (705) 726-9788
Intake Fax: (705) 735~4996 Legal Services Fax: (705) 735-6398
a 344 King street, Midland, Ontario L4R 3M8 Telephone (705) 526~9341 Fax: (705) 526~3418
o 186 Hurontario Street, Unit #105, Collingwood, Ontario L9Y 4T4 Telephone (705) 444-9160, Fax: (705) 445-9601
o 46 Wellington St.,W, Unit 4, Alliston, Ontario L9R 2B8 Telephone (705) 435~4348 or (800) 661-5311, Fax: (705) 435~3547
o 255 Wesi SireetNorth, Orillia, Ontario L3V 5C9 Telephone (705) 325-1005 or (800) 422~9970, Fax: (705) 325~1519
o 118 Barrie Street, Box 872, Bradford, Ontario L3Z 2B3 Telephone: (905) 775~4336 or 1-(866) 550-8020, Fax: (905) 775~532S
o World Wide Web: http:!h;I;"nv,simcoecas.com
Tel: 905.895'1281
1.800.465.0437
Fax: 905.853.5881
ll-Mail: infu@lsrca.on.ca
Web: www.lsrca.on.ca
120 Bayview Parkway
Box 282
Newmarket, Ontario
L3Y 4Xl
Watershed
Life
September 5, 2006
Mr. Doug Irwin
Clerk
Township of Oro-Medonte
Box 100
Oro, ON LOL 2XO
RtCt\\I~1)\,
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eo. " 1 1.~
St.? ' '
ON''''
O_,J'IEO ,
Of\ ","S~\!'--/
~~
Dear Mr. Irwin,
Re: Novae Res Urbis - Wednesday, June 21, 2006 - Vol 9 - No 25
Article: "New evidence surfaces in Moon Point case" and
Ontario Municipal Board Hearing Decision - Dated August 11, 2006
The Lake Simcoe Region Conservation Authority's Board of Directors, at their meeting held on
Friday, August 25,2006, dealt with the above issue ofthe Novae Res Urbis and the article therein
pertaining to the Moon Point development. The following resolution was passed by the Authority's
Board:
Moved by:
J. Rupke
Seconded by: P.Marshall
BOD-06-114 RESOLVED THAT the Authority respond to the article in the Novae Res
Urbis regarding Moon Point; and
THAT a copy ofthe OMB decision regarding the Moon Point subdivision be
forwarded to all member municipalities; and
FURTHER THAT the Authority investigate a subscription to the Novae Res
Urbis and advise municipalities offuture planning concerns related to the
Conservation Authority in this journal.CARRIED
Please be advised that the Ontario Municipal Board (OM B) has denied the request of the Moon
Point Homeowner's Association to re-open this hearing. A copy ofthe OMB decision is included
for your information and I respectfully draw your attention to page 8 Issue (2) (i):
"The level and amount of scrutiny applied to this development is perhaps unprecedented.
In addition to the numerous conditions imposed by the LSRCAas part of their approval and
the provisions of OPA 21 itself, 39 conditions have been attached to the Draft Plan of
Subdivision. Many of these conditions either directly or indirectly impact the environmental
aspects of the contemplated subdivision. It is abundantly clear to this panel that the
Township, the County and the LSRCA have considered the environmental aspects ofthis
development."
It would be appreciated if this information could be shared with your Members of Council.
Yours truly,
~
D. Gayl Wood, CMM III
Chief Administrative Officer
"
2263
lij
~
Ontario
Ontario Municipal Board
Commission des affaires municipales de I'Ontario
ISSUE DATE.
August 11,2006
DECISION/ORDER NO.
PL050836
Robin E. Taylor has appealed to the Ontario Municipal Board under subsection 17(36) of the
Planning Act, R.S.O. 1990, c. P.13, as amended. from a decision of the County of Simcoe to
approve Proposed Amendment No. 21 to the Official Plan for the Township of Oro-Medonte
OMB File No: 0050183
Mary O'Farrell-Bowers (on behalf of the Moon Point Homeowners Association) has appealed to
the Ontario Munici4777pal Board under subsection 34(19) of the Planning Act, R.S.O. 1990, c.
P.13, as amended, against Zoning By-law 2005-082 of the Township of Oro-Medonte (formerly
Township of Orillia)
OMB File No: R050205
Mary O'Farrell-Bowers (on behalf of the Moon Point Homeowners Association) has appealed to
the Ontario Municipal Board under subsection 51(39) of the Planning Act, R.S.O. 1990, c. P.13,
as amended, from a decision of the Township of Oro-Medonte to approve a proposed plan of
subdivision on lands composed of the Part of Lots 15 and 16, Concession 3. in the Township of
Oro-Medonte, County of Simcoe
Approval Authority File No: 2005-SUB-01
OMB File No: 5050049
APPEARANCES:
Parties
Counsel
Moon Point Corporation
M. Melling
Township of Oro-Medonte and
County of Simcoe
T. Halinski
Robin Taylor,
Mary O'Farrell-Bowers and
Moon Point Homeowners Association Inc.
D. Donnelly
DECISION DELIVERED BY 5, J, STEFANKO AND ORDER OF THE BOARD
Introduction
The County of Simcoe ("County") approved Amendment 21 ("OPA 21") to the
Official Plan for the Township of Oro-Medonte ("Township") to change the land use
designation applying to a parcel of land along the Lake Simcoe shoreline so as to
provide for the development of a 14 lot Plan of Subdivision by Moon Point Corporation
I d-
- 2 -
PL050836
("Applicant" or "Moon Point"). In relation to OPA 21, the Township passed By-law No.
2005-82 to rezone the property affected from Agricultural/Rural and Environmental
Protection Zones to the Shoreline Residential Zone and has approved a draft Plan of
Subdivision for the contemplated 14 lots. Mary O'Farrell-Bowers on behalf of the Moon
Point Homeowners Association (now incorporated as the Moon Point Homeowners
Association Inc.) and Robin Taylor (collectively the "objectors") have appealed the
decisions of the County and the Township.
Property Overview
The subject property is located on the shore of Lake Simcoe approximately 600
metres southeast of the City of Orillia and legally described as Part of Lots 15 and 26,
Concession 3, Geographic Township of Orillia Southern Division, in the Township of
Oro-Medonte, County of Simcoe. It is irregularly shaped, has shoreline frontage of
approximately 800 metres and encompasses 25.01 hectares in total area. The
contemplated subdivision will utilize 9.66 hectares of land. The existing Knights of
Columbus Youth Leadership camp will continue on the property in its present location,
being the remaining 15.35 hectares.
The Development Proposal
The 14 lot subdivision site is a vacant, forested area having shoreline frontage on
Lake Simcoe of approximately 675 metres. The site slopes to the lake and is
surrounded by the following land uses:
North - Lake Simcoe with Orillia further to the north;
East Lake Simcoe;
South - Moon Point Drive with forested areas, isolated pockets of land used for
cropping and shoreline residential lots further to the south; and
West The Knights of Columbus Youth Leadership Camp.
Each of the 14 lots will range in size from 0.60 to 0.75 hectares, will be serviced
by private wells and septic tanks, will front on a new public road to be dedicated by the
- 3 -
PL050836
Applicant and will have direct lake frontage as well. The lot frontages along the road to
be created will range from a minimum of 18.8 metres to approximately 50 metres.
Along the shoreline, lot frontage will range from 47.6 metres to approximately 61
metres. Each of the homes to be built will be set back a minimum of 20 metres from the
Lake Simcoe shoreline. Since the water table on the site is high, the leaching beds
associated with the septic system will be raised by approximately 1.5 metres. This will
cause the first floor of any home built to be raised accordingly.
Issues
The issues to be determined in this hearing are twofold:
(1) From a planning perspective, is there any reason not to approve the
contemplated development?
(2) From an environmental perspective, is there any reason not to approve the
contemplated development?
Each issue will be addressed separately.
Positions of the Parties
Planning evidence in support of the proposal was given by Nick McDonald, a
partner with Meridian Planning Consultants Inc., planning consultant for the Township,
Brandi Clement, a Senior Planner with the Jones Consulting Group Ltd., and Gail White,
a planner with the County of Simcoe. The testimony given included thorough review of
the relevant provisions of the Provincial Policy Statement revised February 1, 1997
("PPS"), the County Official Plan and the Township Official Plan. At the commencement
of this hearing, this panel ruled that the 2005 Provincial Policy Statement ("2005 PPS")
did not apply to the subject proceeding because of the very clear language of Part II of
the 2005 PPS which stated that "it applies to all applications, matters or proceedings
commenced on or after March 1. 2005." The subject application was commenced April
6, 2004.
,
\
- 4-
PL050836
In general terms, planners supporting the development felt that the level of land
use control for the site was detailed and thorough and far more extensive than the
controls implemented in relation to the lakefront development of Plan 940 immediately
to the south. These controls are contained in and are related to the following:
(i) The conditions imposed by the Lake Simcoe Region Conservation Authority
("LSRCA");
(ii) The provisions of OPA 21 itself including site plan approval for each lot, at least
60% tree cover and vegetation retention of each lot and at least a 20 metre
setback from Lake Simcoe; and
(iii) The conditions attached to plan of subdivision approval by the Township
including the obligation of the Applicant to enter into a Subdivision Agreement
and the obligation of individual lot owners to enter into a Site Plan Agreement
with the Township. These Agreements would be registered on title to the
subject lands.
In terms of compliance with the PPS, the County Official Plan and the Township
Official Plan, all three planners strongly endorsed the proposition that the Zoning By-law
Amendment ("ZBA"), OPA 21 and the Plan of Subdivision all have proper regard to the
PPS and that the proposal conforms with the County and Township Official Plans. In
their collective views, the contemplated development is compatible with neighbouring
uses, is small in scale, represents good planning, complies with Section 51(24) of the
Planning Act and is in the public interest.
From an environmental perspective, the thrust of Moon Point's position was
advanced by Mr. Gaspardy who was qualified to provide expert opinion evidence, with
respect to ecology and natural heritage planning. In general terms, he was of the view
that there was no compelling environmental issue which would preclude the
development from proceeding. Moreover, he felt that the conditions, which have been
imposed by the Township, the County and the LSRCA in relation to the development,
provided ample protection for any environmental issue, which might arise.
Planning evidence for the objectors was given by Mr. Rose who is not yet a
Registered Professional Planner. In his view, the proposal offends the PPS because,
\
\
- 5-
PL050S36
among other things, it does not protect the existing rural area. He also felt that the
development does not comply with the Township and County Official Plans because the
plan of subdivision is not small in scale and there already exists sufficient land in the
Township to meet any projected population growth. In terms of compliance with Section
51(24) of the Planning Act, Mr. Rose was of the view that the proposal was similarly
deficient. Specifically, he pointed out subsections 51 (24)(a), (b), (c) and (d) as
provisions which, in his view. were not being complied with.
From an environmental point of view, Mr. Bowles, a self-taught, for the most part,
naturalist and Mr. Craig, an environmental consultant who was with the Ministry of
Natural Resources for approximately 30 years. gave evidence. According to Mr.
Bowles, the Environmental Impact Study eElS") completed on behalf of Moon Point had
poor methodology and lacked a proper species count. He was not confident with the
survey work performed and was concerned that the proper analysis possibly linking the
site to the Bluffs Creek PSW to the northwest had not been done.
The evidence of Mr. Craig focused on the wetland and wildlife nature of the site.
In his opinion, the subject property should be complexed with the Bluff's Creek PSW
and from a wildlife perspective, the mitigating factors and safeguards suggested by Mr.
Gaspardy did not adequately address the concerns Mr. Craig raised.
Public input in relation to the position of the objectors was provided by Ms
O'Farrell-Bowers, Mr. Dunlop, an area MPP, Mr. McDonald, who lives directly to the
north of the development and Robert Eisenberg, the founding partner of York Heritage
Properties. Essentially, they were of the view that the proposal was not environmentally
sound and not small in scale.
Analysis
Issue (1)
In order for the development to be approved, it is the panel's view that
compliance with Subsection D10.3.S of the Township's Official Plan is
essential. The relevant provisions thereof read as follows:
- 6-
PL050S36
D10.3.S Limits of Shoreline Development
The further expansion of the shoreline development area onto lands that are not
designated Shoreline is not permitted by this Plan. Exceptions may be granted
through the approval of an Official Plan Amendment if the expansion is small in
scale and is either focused on the shoreline or is to be considered infilling. Council
may consider such minor amendments to the Official Plan to re-designate lands for
such limited shoreline development, provided Council is satisfied that:
(a) The lots will have a minimum area of 0.6 hectares to a maximum of 1.0
hectares. except where larger sizes may be suitable because of
environmental constraints or design considerations;
(b) The majority of the existing tree cover on the proposed lots is retained and
protected as part of the approvals process;
(c) The development is compatible in terms of scale, density and character with
existing developm ent;
(d) The proposed lots, if located on the shoreline, have a water frontage of no
less than 45 metres; and
(e) The lots would conform to the general subdivision and consent policies of the
Plan.
It is common ground that subparagraphs (a), (b) and (d) are complied with and
that the proposal is focused on the shoreline. What remains to be determined however
is whether the development is small in scale and whether it is compatible, in terms of
scale, density and character, with existing development. It is this panel's view that the
proposal meets the foregoing prerequisites tor the following reasons:
(a) It was suggested that because the proposed development was greater in area,
lot size and home size, than the residential development to the south, known as
Plan 940, it could not be considered small in scale. This panel does not agree.
Subsection D10.3.S(a) in and of itself requires large lots. It states that lots must
be at least 0.6 hectares and can be as large as 1.0 hectares. The lot area
proposed, from an individual lot and aggregate lot perspective, is consistent with
D10.3.8(a). In terms of the size of home, it was suggested that the new homes
would be much larger than the homes in Plan 940 to the south. However, it was
conceded by Mr. Rose that each lot in Plan 940 could easily, as-ot-right, expand
to a size of 3500 - 4000 square feet. With an appropriate limitation on the size of
\
- 7 -
PL050836
home to be constructed on each lot, this panel is of the view that home size is
not a factor which prevents the development from being small in scale. Finally,
from a numerical perspective, the number of lots proposed is less than the
number of lots in Plan 940 and in addition, this panel is of the view that a 14 lot
subdivision is not numerically large in scale.
(b) From the point of view of compatibility, this panel adopts the language of Mr.
Chapman in Motisi et. a/. v. Bernardi_when he said:
Being compatible with is not the same thing as being the same as. Being
compatible with is not even the same thing as being similar to. Being
similar to implies having a resemblance to another thing: they are like
one another, but not completely identical. Being compatible with implies
nothing more than being capable of existing together in harmony.
What we have in this case is a 14 lot residential subdivision, retaining at least
60% of its vegetation and tree cover and having less density than the residential
subdivision to the south. There is no doubt in this panel's mind that the proposal is
compatible in terms of scale, density and character with the subdivision to the south, the
treed McDonald/Moore property to the north and the campground to the west.
In addition to the evidence heard concerning Section 010.3.8 of the Township's
Official Plan and its application to the contemplated development, considerable
evidence was also heard in relation to whether there was a need for this development in
the area. Section 3.6.11 of the County's Official Plan reads in part:
Proposals for country residential subdivisions must be justified within the
context of the policies of the local Official Plan in relation to both need and the
local municipality's long range growth objectives.
This panel is satisfied that the proposal is in compliance with the foregoing portion of
Section 3.6.11 based upon the following:
(i) The adoption and approval of OPA 17 by the Township and the existence of a
section of the Township's plan to deal with the expansion of Shoreline
development are clear examples that the County Official Plan, including Section
3.6.11, are being met;
- 8 -
PL050836
(ii) The fourteen lots to be developed on the site are minuscule in terms of the
projected growth for the Township of 8000 people from 1996 to 2016;
(Iii) Even if one argues that Section 3.6.11 is not met, it cannot be said that a 14 lot
subdivision has any real impact on the 20 year growth horizon; and
(iv) No evidence was submitted to establish that the County was on target with
respect to its growth plans. The proposal therefore did not create any problems
in that regard.
In response to the question posed by Issue (1) therefore, this panel is of the view
that there is no reason to deny approval of the development from a planning point of
view.
Issue (2)
In assessing the environmental implications of the proposal, this panel finds the
following factors persuasive and compelling:
(i) The level and amount of scrutiny applied to this development is perhaps
unprecedented. In addition to the numerous conditions imposed by the
LSRCA as part of their approval and the provisions of OPA 21 itself, 39
conditions have been attached to the Draft Plan of Subdivision. Ma ny of
these conditions either directly or indirectly impact the environmental
aspects of the contemplated subdivision. It is abundantly clear to this
panel that the Township, the County and the LSRCA have considered the
environmental aspects of this development;
(ii) Even though this matter has been ongoing for approximately two years,
the Objectors have not had their own Environmental Impact Study
completed. It may very well be that the EIS submitted by Moon Point is
not a perfect document; however, Messieurs Bowles and Craig walked
the site only once and as Mr. Melling pointed out, "in the dead of winter".
Their evidence must be viewed in the context of and tempered by the
-\
-9-
PL050836
foregoing;
(iii) The site has not been designated as a Significant Wildlife Habitat nor has
the province frozen development along the Lake Simcoe shoreline; and
(iv) Even if one were to conclude that a Significant Wildlife habitat existed at
the property, the test in the PPS is whether there will be a "loss of the
natural features or ecological functions for which an area is identified."
As to what constitutes loss, the Board adopts the reasoning of Mr. Boxma
in Aurora (Town) Zoning By-law No. 2213-78 (Re). In that case Mr.
Boxma concluded that loss meant a particular feature no longer existed
as opposed to being simply reduced. In this case, the evidence from Mr.
Bowles and Mr. Craig fell short of establishing loss as determined by Mr.
Boxma.
In response to the question posed by Issue (2), this panel is of the view that there
is no reason to deny approval of the development from an environmental standpoint.
Conclusions
Based on all of the foregoing:
(a) OPA 21 as approved and modified by the County, is hereby approved
with the only change being that the second last sentence of
subparagraph (b) is deleted and replaced with the following sentence:
Development envelopes will alter approximately 40% of each lot retaining
approximately 60% of the existing vegetation and 60% of the existing tree
cover.
(b) By-law 2005-82 is hereby approved on the basis that the Township
shall prepare an amendment to such By-law to include the following:
(i) Extend the 20 metre shoreline setback as is required to protect
all of the wet pockets near the shoreline, subject to the 12
metre access/view corridor applicable to the setback area;
\
-10-
PLOS0836
(ii) The minimum road frontage shall be 18.8 metres; and
(iii) The gross floor area of any home shall not exceed 6,000
sq ua re feet.
(c) The proposed plan of subdivision filed as Exhibit 13 is hereby
approved; and
(d) The conditions attached to the Plan of Subdivision which were filed as
Tab 41 of Exhibit "1A" are hereby approved with the following
modifications:
(i) In condition 13, the word "perspective" shall be replaced with
the word "prospective";
(ii) In Condition 29, the second last sentence shall be deleted and
replaced with the following:
Development envelopes will alter approximately 40% of
each lot, retaining approximately 60% of the existing
vegetation and 60% of the existing tree cover.
The Board so Orders.
original s.igned by Mer-"ber
S. J. STEFANKO
MEMBER
"
~
Stop the presses
OMS considers fe-opening hearing
Tenant bill passes
GTTA next?
North Oakville settlement
TO'wn, developers work it oui
Novre Res Urbis
DOUBLE DEVOLUTION
Cities need to put own
house in order
By Anne Marie Aikins
The Federation of Canadian 1\1unicipalitics is expected
to release a report today that t2k~~ an in-depth look at the
causes of municipal tl5-calunbabnce-the root of ITIany
of the problems facing Cmad:-l'S ciucs and communities-
and offers reconlJTIcnuauons for aCDon. \\'hile the report,
which was prepared after dozens C'i meetings \.vlth
virtuaUy every rnuniclpa] affalfS imJ housmg n-uruslcr and
deputy minister across the country, IS expected to mirror
many of the recolTlJlltndauons t;Jb1ed recently by the
External Adyisory CO:Tlrnittcc on Cltjcs and Communities,
it may prescribe a bitter pill to s\\'illlow for murucipal
leaders: Gel your O\\'D house in order.
For its latest rt.'pon, FCI\1 conunissioncd background
papers from experts 111 municipal i$SUCS such as propert)'
tax problems and the mframucture dcfJCit, said FC1\1
spokesperson Massimo Bergamini. "11 was an
illuminating exerGse," he told NRL'
Among the experts FCM relied upon to set the stage
for its recommendations were TD Bank chief economist
Don Drummond, CanadaWcst Foundation president
Roger Gibbons, and University of Toronto adjunct
professor Enid Slack, \\'ho also a"lsted 'With Harcourt's
report. FCM also engaged the sen'lces uf Trent
University professor Harry Kitchen, \\'ho has argued
that the federal government has no consurutional right to
give cities accesS to new rc\'enue sources and financing
instruments, and "should not participate \-vith cities in
revenue-sharing programs."
amlil/Md page 4
WEDNESDAY. JUNE 21.2006 VOL 9 No 25
GROWTH PLAN RELEASED
Transition not caught in
translation
After months of rumors th<1t the document was "at the
pnntLTs," the pru\'ll1Ci:l] infrastruCTure :1nd rcnewal
Dum:::;tr)" flJ1ally n:lca:,cJ its long-aw<lileJ Gnmi//J Plm/or t/;p
Greater CoMo/ jJur.rt'xhol' on Frida\".
The plan, whlCh i~ generally unchanged from the Jaq
draft n:lcascJ 111 No\'ember 2(J(lS, mclude:-; popuLlUon
prOll'etions, ll1[r::l~truC!urc plal1~ ;lnJ dlH'CUll11S fOJ
municip,IlJucS 10 deal \\itb pendmg gro\\1h in dll' region to
2031. ()\Tr the next 25 years, the rq~J()n is prll)cctcJ to
grc1w by 3.7 !l1Jluon ncW residents and 1,k 111illion nc\\.'
job,
l\lUlllCipzlliues will h;\\'(' three :-ears 10 bnng local
official plans Into confonnity with the pro'\111cial pLlO;
howcycr. JC\Tlopcrs with appticauons alrcncly subnlJ1!cJ
were w:Jlching closely 10 see if theIr projects would be
caught in Iransiuon.
Jt appears that those frars ha\"e been ;J.s~uag('d, \\ilh the
<'f;!1/III/Il'd pa,!,f 6
r-' I
1 .~gill
\, 1 ~
. demographiCS
. land use
. planning impacts
. real estat e markets
. expert testimony
Ur/IiJI),mdj.;"piL<t'II"r.,','nonn,t:'
Phone 416699-S6A5
1-800 &89442 5
WII'lIV. claYlOn - re sfarch _ (am
Nov<e Res Urbis _ Greater 1oron1o Ivea Edition
44
laMING UP _:, : ~
WEDNESDAY JUNE 11
Young leaders Fun Night, Urban
land Institute.Torcnto. 530 . 830
p.m.. 647 ~258-001 7
Holfon Council, 9.:50 om
Durham Council, 10:000 m
Mississougo Ccuncil, 9 00 0 m
THURSDAY JUNE 72
York Council, 9:30 om
MONDAY JUNE 26
Brompton Council, 00 p.n1
Newmorket Council, 700 pm.
Ajax Council, 700 r rn
Burlington Council, 7 00 p,m
Vaughan Council, 1 00 p m
Richmond Hill Council, 7 30 p m
TUESDAY JUNE 27
Tronsporiation Breakfast with Jazz
CEO Joseph Randell, Toron10 Soard
of Trade, Downtown Centre, 7:45 -
9:00o.m
WEDNESDAY JUNE 28
Hamilton Council, 700 p m
AUGUST 14 - AUGUST 15
AMO Annual Conference, O'jOv,o
Westin Hotel, 416-971-98'::6, ex! 330
OCTOBER 4 . OCTOBER 6
leading Edge 2006, N;ogoro
Escarpment Commission Conference on
Sustainobility, Holiday Inn BurlinglC~1,
905-877 .6172
OCTOBER 26 . OCTOBER 27
Canadian Brownfields 2006:
Developing the New Real Estate
Frontier, Canadian Brownfield
Network, CUI, Toronto Congress
Cenlre, 416.365-0816
WEONl:SDAY, JUNE 21.200<3
,
\D
<,
RARE I,PPLlCATION SEEKS TO RE~OPEN OMB HEARING
New evidence surfaces in Moon Point cas
yellen j:; ,m Ontario 1\1unicip~11
RoanJ hc:rmg ;1CfU~JUy clo~\.:d?
Thtlt will be the guc5.oun of tht'
day 1I1 a rare hc::mng ncxll1lonth
10 dctCrlYlinc \\'hether a proponent
can succcssful].\- win the nghl 10
n:-npe!1 an 01'dB hearing l()
consider nt'\\" compelling c\.idcncc.
On Jull. (', the ();\fB w111 bcglO
the unusuaJ task of lis tening to
c\'idcnce on a Je,-tion43 re-hearing
appucauon in [he controversial
j\1oon Point :;ubdi\l~ion case in
Simcoe Count\',
InifjaUy, LnvlfOnmenf8.] groups
:1!temptcd to get tllC Ontario
goyc.'rnmelll to step 1n to protect
one of Lake Simcoe'::; bq rem~injng
sitt's of unJi5l""urbed n;twra]
shorcLnc. Thar dId not happen so
1h(:' !\loon Point I-Jomcowners'
Association :lppcalcJ the propo:-.cd
,uhdJY!51On to the OhlB. (OMll Ca.rr
.,'0. PUJ50S36.)
During a t\\'o-\\Tck heanng 1Il
the Township of Oro-Medonle
last 5pnng, lawyer:::. :Jrgued that fhe
proposed subdinslOn in Shanty Bay
threatened to "destroy the area for
the sake of a few large homes." The
O!\1B h3S not yet issued a deCISIon.
(Ser NRL' GT1 ,\lard; 1.;)
After the hearIng ended,
lanA.R Graham, P"bk,h."
SAlf5'~UBSG.if'TIONS
" :; ., ':', ,',: ,- ,- ",'~
e,:r',
Lynn Mono,^" Ed'lor
li/" "''')~'",;.l:'':.r ,0;;0;'
';,'".
.,'.', I,.,. ...";..,,
, '_....~'~,
, ,~', /-(<
,': ,~'::
~
~
.7/:i}~.~ -
Concerned resident of Moon Point
however, David Donne-lJy
,Gilbert's LLP). the 1a\\~U
reprncnung the residellt:;' group,
said the Lake Simcoe Region
Conservation Authority'~
"J1eg!t:cl" allowed for hole.' In lhe
project'.' cn\'ironmcnt~l C\-;l]uat10f1.
;\5 3 resull, the prOpOllL'nrS h:1\'c
dl:;cO\TrcJ lll'\\, "co!llpdll1lg"
~cicntific C\'iJellce of ~a]E1rnal1dl"r
breeding, \\.hlCh J$ ,vhy 1 )OllllClh
would Ukc to fe-open the hl'anng
"Thi.' is ClTf:1inh' a fJre ::jnl~ltlon
that may be <l first of ig kllld."
DonneD" !old ~\~l\U_
,"'-loon Point is a thick.h wooded
area on Lake SinlCoe with ()'"'5
metres of :-:hordwc :t1nJ slgnificml
8rC:15 of wctland 2nd se\"('ral verna]
pook
Both Tom Halinski (Aird &
Berlis)-nprc::;cnting the
townshtp-and Michael Melling
(Davies Howe Parulers)-
rcprcsennng dcveloper !\1oon Point
Corporation-h:JYc 2skcu the court
to dismiss the application m its
coUTer-v,
r.;RUPublish'''(i he
ldiIOC1(rJ ?ff"c
;".
,"" ., ,< :,. ~." 1", " '1,'1:; ~ ~"~ 'f_"",
An',.,. Mo"... Aikins, Nc....,s RC.'l\tlc'
''''~f'---'Y,(;-':,; -,or
[H"ke fl":,h_ Plunn<n~ R(_'j.H.,,1c1
II), ;<"'~._',',T..:': I "-,,,_ ,(
..,.,~ ,. r",. "~"~c. ".,"
NRU - G,O'",." 'o,onlo Ac"" Fd'l,oo'_
8i!I,ng~ dcparlm{.~1
to' , :" '., j ,.t,:: _ '.~;' ." ~, ;:' __ , .',
rJ1(U (;"t,'"If." ,oronlo A,ec [d".on ,
'.i . -" :.: ~f~ (, \'in. q 1:;, c
.',' ," ,",' :-"i.:~ ".";,,,;,.",~: ,n.;
JO'I, Payette. LlIyOUl
i,~,..-:;)"",,:. :j",~"c::! ::; ,;.
. -
v
,..,.,::-:.',1-..,..-
NaVal Res Urbis ,Gre<'lter TorOnfo Area Edition 2
45
.'
~._.. -~--~. --'-'--'~----'-- -
~--~-'._'--- .-..-...---..---. - -_._-~--"._.----~- ----_.---~._-,-_..,-- --' ,.-.-
OAK RIDGES MORAINE CH;'h~PIONS HONOURED
New monitoring project launched
\
Although the Oak Ridges ;dOr;il11C \).,';i-; ihl' U ,J1,;liC
v..rmner at the inaugural mor:1lJ1C hen) ;l\\-,lrd~ t:da ('\'clll
last week in Caledon, a number of (;"1':\ pr(lfc~~i(Jnds
were recognized flJf their erron::. It,) I'F)lCct the SLT1:',ltl"\T
eco~sy~tem from urb,m devc1opment. 1 Jo~tl'd b)
Citizen's Environment \X!<!tch, the (,\Tlll rcco:-.JT1Jzed
tne doggrd detcrmin.n.lon of c11\-Lrnl1l11L'nlaI12\\'ycr
David Donnelly (Gilbert's LLP), \\');0 rrcCl"\'l'J OJlC or
the (Ommul~ty Cbi:npion jl\X;uJs
The ceremony, attended by ()\"Cr 10U pcople
including Calcdon mayor :Marolyn 1\1orrison and
Uxbridge J11'yor
Gerd Lynn
O'Connor, also
marked Ihe officIal
launch of
Monitoring the
Moraine, a
collaborative project
bero'een Citizens'
Environment
Watch, STOR.1\1
Coalition (Sa\Tc the
Oak fudges
Moraine) and
Centre for
Communi!)'
Mapping The
project is deSIgned to engage ;lOJ suQ3in commuruty
volunteers in science, stewarJ:;}lip, monlloriJlg 8nd
decision~making on the 03k Rldge~ I\lurmnc. Pubtic
involvement in monjtoring the hC;l]lh of the moraine 1;;;
key, saJd environmental con1,m..is.-:ioncr of Ontario Gord
Miller, the keynote speaker al the cn.'nt,
'W'hile he praJsed the Oak F/1~('.1 /\10' I//lt
Consfrmtion Plan, he \,,!arncd, ";l1llhcsC' prOll'C!lOIF
and definitions are good but we hll\'C to ('n~urc
they're implemented."
'We have to make sure they're complied wid),
and we have !O make sure thilt we monitor '-:0 thilt
we know we're being successful," :\1ilJcr s;:m1.
Traditionally, the Go\'ernmelll of Ontario has
been responsible for this rype of monitormg,
However, jv1iller said, the Ministry of Natural
Resources and the ?\1inisuy of En\rironmcnt
are so "under resourced that they can '{ do :hc job
that the public expects."
Toronto and Region Conservation
Authority policy planning manager D,\'c
Burnett accepted a collaboratJ\'c pbnnmg ,1ward
(In lW]);l]f qf tlK Conservation Authnritics ~forainl'
Coalition, 'l'h(' nIne UJ!1:-l'r\';1!lO!1 ,lul]:()rilY !llClllblT~-
CCl1lr;:d L~kc Untario, Crcdl1 \';l1k'\', Callarn~k<l,
](;lwarlha, Lake SmlC()C Hcgion, Lower Trent,
~u!!a\\'a~aga \';dk>', Oton,11wl', TRC.\-ha\'c \\'{lrkcd
\\,i1h g{)\Trnmcnt :lgenclcs and citii:cns to help cq~lhh:,h
the con:-LT\,aut.))1 plan, ane COllUllUt' to munitor ::11,,1
defend if ;11 lhe Ontario i\1unicipal Board,
The :l\\';lrd for proilctJ\T policy \\'m prc:,enlt'J 10 Ihe
Region of Peel, for t:lking <lCtlOll 10 tn"UfC llK
:>.ustainability of its groundwater 1'C'S()Urcc:, .(Jr fUIure
~ genCf(lrjl)n~ Peel
,~ (hall Emil Kolb
=
;ICCCpH:d 1 he award
;: on hdl;11f (If tlw
~,
~ rL'glun,
,
:.::
l',brldgc c::\O
~ Alex Grant
,<
~ received the
"
municip,:i
~
2 kadcr;;hJp a\J..:ard
'-c
for n~l1lg \() the
challenge of :l fleW
planl1lng
Cn\jf{llllllCJ1t
.\JOllt! \\llh
"
DOl)llel1v--\\'hu
was fl'C()g111/,cO t"l)r
David Burnett, [mil Kolb, Kathy Guselle, David Donnelly and Alex Grant.
his work \\ith En\,ironmental Defence-Kathy
GuscIlc received a c01l1munity t:h:l!llpIOn 11\\';ud for
hclp1l1g unilt' citizen;;; concerned 3boUl the gn.lW1ng
threat of development in the G:1n:lraska HJ\Tr
hcadv,,r;ltcrs. .
Your low-rise and hi-rise
development law firm.
!IlObins.l\PPleby & t'ailbUP 1I16868.11l8O www.ob.n...pPleb..ndt.Ub.om
lopor Margulies
Head, Devt'lopmrfH learn
DlfeC1Ql 01 G1HSA<lod
\{'{ft'larY{lIE~('{UtlV('(ommitlrr
WEDNESDAY, JUNE 21. 2006
NOVa:? Res Urbis. GretHer Toronto Area Edition 3
46
1
I
Oro-Medonte Council Meeting"- September 6th, 2006
Moved by: CQuncillor Ruth Fountain
Seconded by:
"That the Oro-Medonte Council supports in principle the Moon Point
Homeowners' Association's request to the Ministry of Natural Resources for a
wetland assessment of the Moon Point property."
BACKGROUND
Inasmuch as;
The Moon Point HomeownQr~' Aggociation (MPHA) ~s appealing
Decision/Order No, 2263 from the ontario Municipal Board 10MB)
regarding the Moon Point property (formerly Columbus BOYS I Camp) on the
grounds that a wetland Assessment 5hculd have been perform~d because
portions of the property most likely qualify for complexiog ~ith the
Blutt1s Creek Provincially sigoificant Wetland (PSW) , and
The OMB haa sent the Moon point Plan of Sub~division back
to the Township Council for review and Modification to ensure
protection of sisnificant natural teature., particUlarly the wet
pockets on the site, and,
According to section A2.1.1 of the Township's Official
Plan, development muet occur in accordance with the following
principle$l
. The protection of :significant environmental features and their
associated ecological tunction~ ~hal1 take precedence over the
development of such lande.
. A thorough understanding of the natural environment, including
ehe values. opportunities, limit5 and constraints that it
provides I shall guide land use decision making in the Township.
It was the testimony of twO qualified experts before the
OMB that it was necessary to conduct such a wetland evaluation before
approving development on or n~~r the wet pockets and vernal pools of
the Moon Point property. One of eheee exper~s is a retired career
biologist with the Minist~y of Natural Resources, the other is a local
authority on local wildlife and plant communities, and both are MNR
qualified wetland evaluators, and
Prior to and during the OMB hearing, the MH~A requested
~ccs.~ co Ch~ Gubject prOpirty in order to perform this a&sessment but
were refused, ~~3
The MPHA asked for an adjournment of the ~roceeding to
allow for this review, however, the OMB denied this request, and
Page 1 of 3
1
No wetland evaluation was undertaken by the developer's
ecological con~ultant or the Lake Simcoe R&gion conservation Authority
before approving the Environmental Impact Statement of the developer,
an<l
The MNR ha~ agreed to reconeider ehe PSW boundaries should
eufficient evidence for doing so be provided (May 24. 2006 e-mail fram
George ROSS, Assistant Deputy Minister, Field Services Div~sion to Dr.
Rick Smith, David Donnelly et all I and
A Wetland Assessment of the abutting MaCdonald/Moore
property wa. completed in August 2006 by two qualified field
naturalists. Thia study, performed in an exaeeing scientific manner .$
laid out by the ontario Wetland Evaluation System manual. provides
concrete evidence that ~he Bluff's Creek PSW is in fect more extensive
thAn currently recorded by the MNR and Lak& Simcoe Region conservation
Authority. EVi<lence of breeding blue-spotted an<ljor Jeffer.on complex
salamanders ha~ aleo been observed 00 this same property.
An ecological servicce firm retained by the MPHA eubsaquent
to the OMB bearing na~ revealed serious inadequacies with the
delineation of the 61uff's Creek PSW, and furthermore concludes that;
"It is the opinion of the Gienside Ecological Services Limited that the boundary
of Bluff's Creek Provincially Significant Wetland is inaccurale, with boundary
discreoancies l!1'eater than SO metres. Further it is possible that additional
adjacent wetland polygons may warrant inclusion in the Bhlff's Creek
Provincially Significant Wetlands Complex.
Therefore Glenside Ecological Services Limited recommends re-delineating the
boundaries of the existing complex as wellll5 examining the adjacent lands to
detemline whether additional wetland polygons should be included in the Bluffs
Creek Provincially Significant Wetland Complex. "
Th~ purpoQe of this report is eo provide council with background
information on which to support the above motion.
On August 11, 2006 the OMS ruled in favour of the Moon point
Development. In its eonelueion the OMS details 4 eonditiong
(amendments) with respect to the development.
Under Conclusions on page 9. item {b} of the Order Board Member
Stefanko ~tipulate~ that;
"By-law :Z005~a2 is approved on the: ba~is that the TownShip prepare an
amendment to such By-law to include the following:
i) Extend the 20 metre shoreline setQack as is required to proteet
a.ll of the wet pOCkets near the shoreline subj ect to the 12 metre
~ccess/view corridor applicable to the setback area
iit minimum road troneage shall be lS.8 metre~
iiil the gross floor area of any home shall not exceed 6000 square
f"at
Page 2 of 3
.
1
In order co ensure that the Township complies with the order a revised
site plan agreement is r.eeeseary.
\
Further, in order to comply with the Townehip'e Snvironment First
policy, it would be in the best inters.:s of the Township when ensuring
that it comply with the order that the Township has an expert opinion
as to the exact loeation. s12e and extent of the wet pcCK.t~ .nd vernal
pools near the shoreline as detailed in point il)
Furthermore it will also be necessary for the TO~~Bhip to receive an
updated Plan of 9ubdivi~ion to again ena~re compliance with subsections
(b) i1 which requires alteration of road frontage on several lots in
the existing Plan of Subdivision.
Mooo Point Homeowners Association believe that the Order from the OMB
requires due diligenee by the Townsh.ip. To ensure that such conditions
are fulfilled a rull and proper wetland assessment of the Moon Point
property ie required.
Considering the seriousness and long term imp~ct of this development
and. our "Bnvironment P'irstH mandate of the Official Plan, Oro-Medonte
needs to ensure that due diligence and compliance with the Environment
Fi.st policy is ob$erved and performed. As mentioned ~bovel tl~e MPYA
has made ~he decision to appeal the OMS ruling based on the need for a
wetland asse~sment. They have until Fricey, September Sj 2006 to submit
the appeal.
Page 3 of 3
TOTR~ P,04
Tel: 905.895.1281
1.800.465.0437
Fax: 905'853.5881
E-Mail: info@!srca.on.ca
Web: www.1srca.on.ca
120 Bayview Parkway
Box 282
Newmarket, Ontario
L3Y 4Xl
Watershed
Life
I
I
I
-I
August 30, 2006
Mr. Doug Irwin
Clerk
Township of Oro-Medonte
Box 100
Oro, ON LOL 2XO
Dear Mr. Irwin:
RE: Lake Simcoe Regions Conservation Authority's 2006 Conservation Awards
The Lake Simeoe Region Conservation Authority will be holding its seventh Annual Conservation
A wards Gala on Thursday, October 12th, Your invitation to the event is enclosed, as are those for your
Mayor and Members of Council. Thank you, in advanee, for distributing them to your Council so that
they may consider attending our festivities.
As we count your Municipality among the Conservation Authority's friends and supporters we hope to
see many Members of Council and guests at the Conservation Awards Gala, as we salute "Environmental
Giants" from across the Lake Simcoe watershed,
Please RSVP, on their behalf, to the LSRCA's Community Relations Specialist, Lori Gilkes on by 4:30
p,m. on Friday, September 29th. She can be reached at (905) 895-1281 ext 242 or by email at
l,gilkes@lsrca,on,ca
Yours truly,
c-;--
D. Gayle ood, CMM III
Chief Administrative Officer
Enclosures
.
LSRCA Conservation Awards
o Jes, I will be attending
with_ guest(s)
o No, I regret I cannot attend
Name & Title:
Affiliation:
Please RSVP by Friday, September 29th, 2006
E-mail: I.gilkes@lsrca.on.ca Fax: 905-853-5881 Mail: See Other Side
Phone: 1-800-465-0437 or 905-895-1281 exl. 242
Please join the Lake Simcoe Region Conservation Authority to salute
"Environmental Giants"
fi-om across the Lake Simcoe watershed.
Thursday. Oetobl'r 12th 7:00-9:00 p.llI.
Georgian Downs inlnnisfil
ReS!(/lfI'{(!1! ({wls/o!s (Inti/uhf/'
7:00 p.m. Wine and Cheese Reception
Highway 400 North (from the
Toronto area). Exit Innistil
Beach Road. Turn left (West)
on Innistil Beach Road. Turn
right at the 5th Side Road,
Georgian Downs is located
on the right hand side,
approximately'/, kilometer,
8:00 p.m. Opening Remarks
Board, Staff and
Partner Recognition
8:30 p.m. Presentation Of Awards
9:00 p.m. Warmest Thanks
f..l,f
..
,
'OM!;'
....'"
"Cog\;_
""
/~;--.~i:=::/ (""
i;if---- )~:y-
GWR(.!AN DOWN'S
"
1""""",
Lake Simcoe Region Conservation Authority
120 Bayview Parkway, Box 282
Newmarket, Ontario
L3Y 4X1
l)3 BELL F R:\'[ ROAD
S U ITL 10
Skelton Brumwell
BARRJE 0 f"ARIO
L4:\j 5C]
T ELFPH 0 L:
0')'; 26-]
& ASSOCIATES INC.
FAX:
705 2(,(}; 1
September 15, 2006
~~.,
\ ~",,,,,;,.
~?\I'H
CONSULTlNG
ENGINEERS
AND
PLANNERS
Township of Oro-Medonte
148 Line 7 South
P.O. Box 100
Ora, ON LOL 2XO
@
Dear Mayor Craig and Council:
Re: Citizen Liaison Committee on Hillway Equipment Ltd, 12 th Line Pit
On behalf of Hillway Equipment Ltd. we write to confirm that Glen Stewart of Hillway Equipment Ltd.
was and is willing to participate in the establishment and operation of a Citizen Liaison Committee as
required by the Ontario Municipal Board, The OMB Decision of May 18, 2004 indicated that the
" , , . Citizens Committee is to include a representative of Big Cedar, Rugby and one resident at large,
Meetings with Hillway are to be quarterly in the year or on short notice to be agreed upon if warranted
in an emergency. "
In a letter to Big Cedar solicitor Rod Northey May 27,2004 Ian Rowe indicated that Hillway Equipment Ltd,
wished to commence establishment of the Citizens Liaison Committee and requested advice on who would
be nominated from Big Cedar. Mr. Northey replied August 12,2004 that Big Cedar supports the condition
and would appoint a representative, A copy of both letters went to Chris Williams for Township reference,
The appointment of a representative from Rugby and a resident at large is also necessary, This is not
something that Hillway Equipment can undertake. No meetings of a Citizen Liaison Committee have
occurred,
Since the May 2004 request Mr. Stewart advises that the only contact on the matter has been from
Mr. Bill Soles fram Big Cedar. Mr. Soles called Glen in July 2006 to enquire on the construction and timing
of the berms. Glen Stewart advised that he read the notes on the Site Plan to Mr. Soles and offered that if
there were any other questions Bill should call Glen at any time,
A copy of this letter is sent to the Big Cedar Association to request a nominee and to facilitate establishment
of the Citizens Liaison Committee.
'H2...
rn
,
Township ofOro-Medonte
September IS, 2006
Page 2
Glen Stewart and I had a telephone conference on September 6, 2006 with Craig Laing, the Aggregate
Resource Officer of the Ministry of Natural Resources responsible for the Licence. Craig advised that the
Citizens Liaison Committee was not made a condition or note of the Licence but the intent of such a
Committee is a good idea which he supports, There have been no enquiries or complaints about the operation
ofthe pit to date. The Township Planning Consultant Nick McDonald called to ask about the Citizen Liaison
Committee. Results from the Committee may be sent to Craig for MNR reference and/or attention as may
be appropriate.
We ask the Township and Big Cedar Association for direction on the establishment and operation of the
Citizen Liaison Committee, The three citizen representatives need to be appointed. Please contact Glen
Stewart directly to expedite this,
If you have any questions please contact Glen Stewart or myself
Yours truly
Skelton Bromwell and Associates
~&fI
Gary Bell, RPP {
Principal
GKB/slc
C,06-375
cc: Hillway Equipment Ltd" Glen Stewart
Ian Rowe
MNR- Craig Laing
Big Cedar Association
Nick McDonald
Chris Williams
rn
/J "",-~/i ,/"tG
CS?-1v&{, I/-~ 0(;,_
~~G .. d ~ CV~(
1S!9.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
I \.QC\ - \
BY-LAW NO. 2006-086
A By-law to permanently close and sell
the Road Allowance known as Park Drive, Registered Plan 626
(PIN#74040-0257(Lt), (geographic Township of Oro), Township of Oro-Medonte
more particularly described as Parts 1 and 2, Registered Plan 51 R-34831,
Township of Oro-Medonle, County of Simcoe.
WHEREAS pursuant to Section 11 (2) of the Municipal Act, S,O, 2001, c,25, as
amended, Council is empowered to pass by-laws respecting highways;
AND WHEREAS Section 34 of the Municipal Act, S,O, 2001. c,25, as amended,
empowers municipalities to permanently close a highway after giving notice to the
public;
AND WHEREAS the original road allowance know as Park Drive, Registered Plan 626,
(geographic Township of Oro), Township of Oro-Medonte, more particularly described
as Parts 1 and 2, Registered Plan 51 R-34831, Township of Oro-Medonte, County of
Simcoe, is no longer required for municipal purposes;
AND WHEREAS Section 268 of the Municipal Act, S,O, 2001, c,25, as amended,
authorizes a Council of a municipality to dispose of surplus land in accordance with Ihe
provisions of a by-law passed by the Council, establishing procedures governing the
sale of such land;
AND WHEREAS Council did pass By-law No, 2003-125 on the 26'h day of November,
2003, being a By-law to govern the procedure for the sale of land within the Township of
Oro-Medonte, pursuant to Seclion 268 of the Municipal Act, S,O, 2001, c.25, as
amended;
AND WHEREAS Council has previously caused notice to be given of its inlention to
permanently close and sell the land described in Schedule "A" attached hereto, in
accordance with the requirements of Section 268 of the Municipal Act, and the
requirements sel out in By-law 2003-125, as amended;
AND WHEREAS Council has determined that the said land is nol required for municipal
purposes, and has by resolution declared the road allowance know as Park Drive,
Registered Plan 626, (geographic Township of Oro), Township of Oro-Medonte, more
particularly described as Parts 1 and 2, Registered Plan 51 R-34831, Township of Oro-
Medonte, County of Simcoe, to be surplus to the needs of the municipality;
AND WHEREAS Council has received no notice of objection to the proposed road
closure and sale of land from any party;
AND WHEREAS pursuant to Sections 34 and 268 of the Municipal Act, S,O, 2001,
c,25, as amended, the Clerk of the Township of Oro-Medonte did cause a Notice of the
proposed By-law to permanently close and sell the road allowance know as Park Drive,
Registered Plan 626, (geographic Township of Oro), Township of Oro-Medonle, more
particularly described as Parts 1 and 2, Registered Plan 51 R-34831, Township of Oro-
Medonte, County of Simcoe, to be published in newspapers of local circulation, a copy
of which is attached as Schedule "C" to this by-law;
AND WHEREAS the proposed By-law came before Council of The Corporation of the
Township of Oro-Medonte for consideration at ils meeting on the 20th day of September,
2006, and at that time no person objected to the proposed By-law nor claimed that
his/her land would be prejudicially affected,
\\.90\ - ~
NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
follows:
1. Permanentlv Ciose - Council does hereby permanenlly close the road allowance
know as Park Drive, Registered Plan 626, (geographic Township of Oro),
Township of Oro-Medonte, more particuiarly described as Parts 1 and 2,
Registered Plan 51 R-34831, Township of Oro-Medonte, County of Simcoe, more
particularly described in Schedule "A" attached hereto, and forming part of this
By-law,
2, Authorization of Sale (Transfer) - Council does hereby authorize the sale of part
of the road allowance know as Park Drive, Registered Plan 626, (geographic
Township of Oro), Township of Oro-Medonte, more particularly described as Part
1, Registered Plan 51 R-34831, Township of Oro-Medonte, County of Simcoe, 10
the registered owner from time to time of the abutting lands described as Lots
356 and 357, Plan 626 (PIN#74040-0265(Lt), That title to the subject lands (Part
1,51 R-34831) merge with those lands owned by Nadine Popiuk,
3, Sale Price-In accordance with By-law 2003-125, as amended, Council hereby
sets the sale price for the road allowance know as Park Drive, Registered Plan
626, (geographic Township of Oro), Township of Oro-Medonte, more particularly
described as Part 1, Registered Plan 51 R-34831, Township of Oro-Medonte,
County of Simcoe, more particularly described in Schedule "A" attached hereto,
at a consideration of nil.
4, Execution of Documents - The Mayor and Clerk are hereby authorized to sign all
documents to carry out the intent of this By-law,
5, Certificate of Compliance - Schedule "B" attached herelo and forming part of this
By-law is a Certificate of Compliance of Douglas Irwin, Clerk of The Corporation
of the Township of Oro-Medonte, setting out the procedures taken for the
publishing of the said Notice pursuant to the provisions of the Municipal Act.
BY-LAW READ A FIRST AND SECOND TIME THIS 20TH DAY OF SEPTEMBER,
2006.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF
2006.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Cterk, J. Douglas trwin
\I\]) C\ " '3
Schedule" A"
10 By-law No. 2006-086 for
The Corporation of Ihe Township of Oro-Medonle
The road allowance know as Park Drive, Registered Pian 626, (geographic Township of
Oro), Township of Oro-Medonte, more particularly described as Parts 1 and 2,
Registered Pian 51 R-34831, Township of Oro-Medonte, County of Simcoe (PIN#74040-
0257(Lt),
Schedule "B"
to By-law 2006-086
for The Corporation of the Township of Oro-Medonte
CERTIFICATE OF COMPLIANCE
IN THE MATTER of the sale of land designated as
the road allowance know as Park Drive,
Registered Plan 626, (geographic Township of
Oro), Township of Oro-Medonte, more particularly
described as Parts 1 and 2, Registered Plan 51 R-
34831, Township of Oro-Medonte, County of
Simcoe.
I, J, Douglas Irwin, Clerk of the Township of Oro-Medonte in the County of Simcoe,
certify to the best of my knowledge and belief that:
1, The Corporation of the Township of Oro-Medonte enacted By-law No, 2003-125
on the 26th day of November, 2003, being a By-law to govern the procedure lor
the sale of land within the Township of Oro-Medonte, pursuant to Section 268 of
the Municipal Act, 2001, S,O, 2001, c,25, as amended,
2. By-law No, 2003-125 was in effect at the time the Corporation of Ihe Township of
Oro-Medonte passed Ihe resolution declaring as surplus to the needs of Ihe
municipality, the lands described as:
The road allowance know as Park Drive, Registered Plan 626,
(geographic Township of Oro), Township of Oro-Medonte, more
particularly described as Parts 1 and 2, Registered Plan 51 R-34831,
Township of Oro-Medonte, County of Simcoe.
3. Section 268(8) of the Municipal Act, 2001, S,O, 2001, as amended, authorized
the exclusion of this land from appraisal.
4, A Notice of the proposal by The Corporation of the Township of Oro-Medonte to
pass a By-law to sell land designaled as the road allowance know as Park Drive,
Registered Plan 626, (geographic Township of Oro), Township of Oro-Medonte,
more particularly described as Parts 1 and 2, Registered Plan 51 R-34831,
Township 01 Oro-Medonte, County of Simcoe, described in the said Notice was
published in the Barrie Examiner, Ihe Orillia Packet and Times and the Midland
Free Press on September 8, 2006,
5. The By-law for the sale of the subject lands came before the Municipal Council at
its regular meeting on the 20th day of Seplember, 2006, and at that time, no
person or persons made any claim that his land would be prejudicially affected by
the By-law,
Dated at the Township
of Oro-Medonte, in the County 01
Simcoe, this day of 2006,
J, Douglas Irwin, Clerk
Township of Oro-Medonte
Schedule "e"
10 By-law 2006-086
for The Corporalion of the Township of Oro-Medonle
\ 5
\ \.1;(..<\~. .
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
NOTICE OF PROPOSED PERMANENT ROAD CLOSING AND SALE BY-LAW
TAKE NOTICE that The Corporation of the Township of Oro-Medonte proposes
to pass a By-law to permanently close and sell a portion of road in the Township
of Oro-Medonte, County of Simcoe, more particularly described in Schedule "A"
hereto,
AND FURTHER TAKE NOTICE that the proposed By-Law will come before Ihe
Council of The Corporation of the Township of Oro-Medonte at its regular
meeting to be held at the Council Chambers on the 20th day of September, 2006
at 7:00 o'clock p,m. and at that time Council will hear in person or by his/her
counsel, solicitor or agent, any person who claims that his/her land will be
prejudicially affected by the By-law,
DATED AT THE TOWNSHIP OF ORO-MEDONTE THIS 7th DAY OF
SEPTEMBER 2006.
Doug Irwin, Clerk
SCHEDULE "A"
Part of Registered Plan No, 626 known as Park Drive, more particularly
designated as Parts 1 and 2, 51 R-34831, (geographic Township of Oro),
Township of Oro-Medonte.
~
5
MYRTLE
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2006-087
Being a By-law to Provide for the Giving and Changing of Names to
Highways within theTownship of Oro-Medonte
(Atlantis Drive)
WHEREAS the Municipal Act, S.O, 2001, c,25, as amended, Section 11 (1)
provides that the Municipality may pass by-laws with respect to highways,
WHEREAS the Municipal Act, S.O, 2001, c,25, as amended, Section 47
provides that the naming of a highway or changing the name of a highway, a
municipality shall give public notice of its intention to pass the by-law,
WHEREAS the Municipal Act, S,O, 2001, c,25, as amended, Section 61(1)
provides that the Municipality may enter upon land lying along a highway to
install and maintain a sign setting out the name of a highway,
AND WHEREAS the Council of the Township of Oro-Medonte deems it
necessary to change the names of specific highways;
NOW THEREFORE the Council of the Township of Oro-Medonle hereby enacts
as follows:
1, That Harvie Settlement Road, from the municipal limits of the City of
Orillia northerly to the intersection of Highway 12, be renamed to Atlantis
Drive,
2, That the name for Atlantis Drive shall be affixed at every affected
intersection thereof on public property, Where il is not practical 10 affix the
name on pubiic property, it shall be affixed on private property,
3, That this By-law shall come into force and take effect on the date of final
passing thereof,
By-Law read a first and second time this 20'h day of September, 2006.
By-Law read a third time and finally passed this day of
,2006.
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. 2006-088
Being a By-Law to Amend By-law No. 2004-028
To Authorize a Decrease in the Speed Limit on Certain Roads
Within the Township of Oro-Medonte
WHEREAS the Highway Traffic Act, R,S,o.. 1990, Chapter H.B, as amended, Section
128(2), authorizes the Council of a municipality to pass By-laws to prescribe a lower
rate of speed for motor vehicles on a highway or portion of highway under its
jurisdiction;
AND WHEREAS it is deemed necessary and expedient that the speed limit for motor
vehicles on certain portions of highways under the jurisdiction of the Township of Oro-
Medonte be decreased;
AND WHEREAS the Council of The Township of Oro-Medonte did, on the 16th day of
June, 2004 enact By-iaw No, 2004-028 to decrease the speed limit on certain roads
within the Township of Oro-Medonte:
NOW THEREFORE the Council of The Corporation of the Township of Oro-Medonte
hereby enacts as follows:
1, THAT Schedule "B" (50km/h) of By-law No, 2004-028 be amended to add as
follows:
Name of Hiahwav From To
Bidwell Road Penetanguishene Line 1 North
Road
Line 4 North Old Barrie Road 450 metres northeriy
2. THAT this By-law shall come into force and take effect on its final passing thereof,
BY-LAW READ A FIRST AND SECOND TIME THIS 20TH DAY OF SEPTEMBER,
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. 2006-085
BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE
COUNCIL MEETING HELD ON WEDNESDAY, SEPTEMBER 20, 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 Council Meeting held on Wednesday,
September 20, 2006, and in respect 10 each Motion, Resolulion 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-Medonle, 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 20th DAY OF SEPTEMBER,
2006.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 20th DAY OF
SEPTEMBER,2006.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, J. Douglas Irwin